luisc82787 Posted July 22, 2019 Report Share Posted July 22, 2019 Good Evening, i am currently trying to write up a my request for production of documents. Take a look and see if this is correct. i copied most of it from ASTMedic. but researched nys laws. Pursuant to CPLR §R3120 of the New York Civil Practice Law Rules, please provide and serve, within 20 days. 20 days of the date of service of this request, the written response and statement required pursuant to CPLR §R3120. The written response and statement required pursuant to CPLR §R3120 (i) and please produce for inspection and copying within 20 days of the date of service of this request, at (my house) the following DOCUMENTS and things listed below. I. DEFINITIONS “DOCUMENT” means and includes, but is not limited to, the following: ANY writings, drawings, graphs, charts, photographs, phonograph records, tape recordings, notes, diaries, calendars, checkbooks, books, papers, accounts, memoranda, correspondence, reports, spreadsheets, working papers, drafts, appointment books, videotape recordings, and ANY computer-generated, computer-stored or electronically stored matter, such as e-mail, instant messages, computer databases and electronic data stored on hard disks, floppy disks, magnetic tape or other electronic storage medium, as well as ANY other written, typed, printed, graphic or recorded matter of ANY kind, however produced or reproduced; ALL “writings” within the meaning of California Evidence Code §250; and ALL “writings,” “recordings” and “photographs” within the meaning of Federal Rules of Evidence §1001. Any written, printed or electronic copies of DOCUMENTS bearing notations, marks or codes not found in the original shall be deemed to be different DOCUMENTS and shall also be produced. “ANY” shall mean “any and all.” Similarly, “ALL” means “any and all.” 1. ALL DOCUMENTS relating to or constituting ANY agreement between the defendant and Barclays Bank Deleware. 2. ALL DOCUMENTS relating to or constituting ANY assignment to the plaintiff of the account referred to in the complaint. 3. ALL DOCUMENTS constituting statements of account number showing all payments and credits from inception until present. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 22, 2019 Report Share Posted July 22, 2019 1 hour ago, luisc82787 said: 3. ALL DOCUMENTS constituting statements of account number showing all payments and credits from inception until present. This is way too broad and overly burdensome. They are going to object on that basis and will prevail. Only the 6 months prior to default is necessary to show the accurate balance. The LAST thing you want is them showing you made payments as that proves the account is yours and you are responsible. 1 hour ago, luisc82787 said: 2. ALL DOCUMENTS relating to or constituting ANY assignment to the plaintiff of the account referred to in the complaint. WHO is suing you? If it is Barclays then assignment is not an issue. Not to mention this request is vague as well. You need to state EXACTLY what documents you want produced. 1 hour ago, luisc82787 said: 1. ALL DOCUMENTS relating to or constituting ANY agreement between the defendant and Barclays Bank Deleware. What you need to ask for is the card agreement that belongs to the account alleged in the complaint. Your requests are far too vague. Who is suing you? For how much? When did you default? Quote Link to comment Share on other sites More sharing options...
luisc82787 Posted July 22, 2019 Author Report Share Posted July 22, 2019 11 hours ago, Clydesmom said: This is way too broad and overly burdensome. They are going to object on that basis and will prevail. Only the 6 months prior to default is necessary to show the accurate balance. The LAST thing you want is them showing you made payments as that proves the account is yours and you are responsible. WHO is suing you? If it is Barclays then assignment is not an issue. Not to mention this request is vague as well. You need to state EXACTLY what documents you want produced. What you need to ask for is the card agreement that belongs to the account alleged in the complaint. Your requests are far too vague. Who is suing you? For how much? When did you default? How about this Please produce a complete copy of all documents in your possession that relates to the debt that you allege in your complaint. A complete copy of all documents establishing, reflecting, or indicating ownership of the debt/ loan/ contract that is the basis of your complaint such that a chain of ownership for the debt/ loan/ contract can be established. A complete copy of any and all contracts or agreements with any person or entity involved in this loan, including all contracts and applications signed by the Defendant. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 22, 2019 Report Share Posted July 22, 2019 AGAIN: WHO is suing you? What discovery you do is dependent on whether it is the OC or a JDB. Quote Link to comment Share on other sites More sharing options...
luisc82787 Posted July 22, 2019 Author Report Share Posted July 22, 2019 1 hour ago, Clydesmom said: AGAIN: WHO is suing you? What discovery you do is dependent on whether it is the OC or a JDB. Barclay Bank Deleware is suing me it is a OC but they are using a debt collections law firm to sue. does that make sense now? sorry i am new to this. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 22, 2019 Report Share Posted July 22, 2019 Is this for a loan or credit card? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted July 22, 2019 Report Share Posted July 22, 2019 When is the last time you paid on the account? And when did they file suit? Reasons for the questions: to see if there is a SOL defense here. Quote Link to comment Share on other sites More sharing options...
luisc82787 Posted July 22, 2019 Author Report Share Posted July 22, 2019 1 hour ago, nobk4me said: When is the last time you paid on the account? And when did they file suit? Reasons for the questions: to see if there is a SOL defense here. I dont even remember taking this credit card out. They Filed in May SOL is six years in NY Credit Card was allegedly opened 3 years ago. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted July 23, 2019 Report Share Posted July 23, 2019 2 hours ago, luisc82787 said: I dont even remember taking this credit card out. Have you pulled your credit reports to see what is reporting? Do you have other defaulted accounts? If this really is not your account you need to head straight to a consumer attorney ASAP. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted July 24, 2019 Report Share Posted July 24, 2019 On 7/22/2019 at 6:22 PM, luisc82787 said: I dont even remember taking this credit card out. They Filed in May SOL is six years in NY Credit Card was allegedly opened 3 years ago. BUT: pursuant to Portfolio Recovery v. King, NY will borrow another state's SOL. Barclay is in Delaware, where the SOL is 3 years. Quote Link to comment Share on other sites More sharing options...
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