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Request for Admissions - CC Lawsuit - Help


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Hello Everyone,

I hope everyone is well. First time posting, but I will try to provide as much info as necessary. Please help me respond to this Request for Admissions. Its a credit card lawsuit, in Florida, amount over $30k. 

Pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, and request the Defendant to admit of deny the truthfulness of the matters asserted hereafter. 

1. Admit that you applied for the credit card which is the subject matter of this litigation.

2. Admit that you used the credit card which is the subject matter of this litigation.

3. Admit that you incurred the charges that form the basis of the debt sued upon.

4 Admit that you never filed a written dispute of the charges that appeared on a billing statement of your credit card.

5. Admit that you failed to make payments when due towards the credit card account sued upon.

6. Admit that the plaintiff as standing to bring this lawsuit.

7. Admit that the allegations Complaint are true and correct...

8. Admit that you owe the Plaintiff the amount sued for in the Complaint.

9. Admit that the debt which is the subject matter of this lawsuit was assigned to Plaintiff.

10. Admit that you have no evidence that the debt which is the subject matter of this lawsuit was not assigned to Plaintiff.

11. Admit that Plaintiff did not file a breach of contract cause of action.

12. Admit that Plaintiff did not ask for any attorney's fees in its complaint for damages.

13. Admit that you have a contractual relationship with the Plaintiff.

14. Admit that you do not have a contractual relationship with the Plaintiff. 

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Object to Everything Except your name and address.

If you file these objections you start the lawsuit in motion.  The current trend it to file a "motion to compel arbitration" either with or immediately after the answer.

Discovery Question Answer - While MTC Arbitration Pending

Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration.  You must answer them within the allowed time.

~~~~~~~~~~~~~

Here is something I have used on the alternative if it's too late to arbitrate:

  The Plaintiff may send you a Request for Admissons, in order to get you to Admit facts in writing. These questions are almost always deceptive in nature and are designed to get you the Defendant to admit guilt or to see if you give a answer that contradicts your answer to the original complaint.  Interrogatories are questions and statements that are designed to reveal facts that Admissons would have not revealed, and are always as Deceptive in nature as a Plaintiff's Request for Admissons.   Much like answering to a Discovery or Request to Produce, you want to avoid lying or giving inaccurate answers. You also want to keep your answers parallel with your answer to the Complaint, do not contradict yourself.  Last. don't admit anything that the opposing counsel can use against you.  Lets start with Admissons.

 

1) Plaintiff asks the Defendant to admit that he/she never disputed any purchases that were listed on the Monthly Statements that were mailed to Defendant.

ANSWER; Objection; This request implies that the Defendant received alleged statements, which after reasonable inquiry  the Defendant does not recall receiving such statements and therefore denies the same.  

 

2) Plaintiff asks the Defendant to admit that he/she at one time, obtained a credit line with  SO SO Bank.  

** this depends on your defense,  so the answer is Important.  If you are only disputing the amount you can say"=

ANSWER;  Partially Omitted:  Defendant acknowledges said credit card account, but denies defaulting on purchases and/or cash advances)

*** If you are disputing the account as a being fraudulently conceived, then you would say;

ANSWER; Denied,  After reasonable inquiry, the defendant does not recall obtaining the credit card that is the subject matter of this suit. 

***  How ever you answer, make sure it is the same as what you stated in the response to the complaint. 

 

3) Admit that account number XXXXXXX is in default.

ANSWER; Objection,  Requests calls for the Defendant to draw a conclusion based on hearsay or speculation, therefore the Defendant can not admit or deny. 

 

4) Admit that you, the Defendant,  or someone that the Defendant Authorized , made purchases or balance transfers using a credit line for So and So Bank with a account # of  XXXXXXXXX.  

ANSWER; Denied,  After reasonable inquiry, the Defendant does not recall making or authorizing alleged purchases or balance transfers that are calculated into the amount the Plaintiff claims that he/she is owed. 

 

You get the picture.    Your answers should answer the bare minimum of what they are asking for, and should not reveal any information that was not asked for..  Interrogatories work in a similar fashion. 

 

1) The Plaintiff asks the Defendant to submit 5 examples of his/her signature.  Samples of  Excepted forms are

 a voter ID card

 a Driver's license or State Identification card

 a Marriage License

 

ANSWER:  The Defendant Objects and denies this request as the Plaintiff should already have 5 examples of my signature from this civil court case alone, and those examples should be efficient  The Defendant further objects to this request as such documents are private in nature and could revel sensitive information that is irrelevant to this case action. 

 

 2) The Plaintiff requests a list names and phone numbers  of all witnesses they plain to call in trail. 

** note,  you do not have to disclose this information, if any.  

 

ANSWER;  The Defendant objects to this requests that such information is privileged

 

3) Describe in detail how you obtained the credit card that is the subject of this civil suit. 

 

ANSWER; Objection; Overly Broad and burdensome; vague and ambiguous; and hearsay.  Without waving said objection, Defendant does not recall in detail how he/she obtained the subject credit card, If any. Said information should be in possession of the Plaintiff.

 

4) State the exact amount, which your records reflect is owed by you to the Plaintiff and how you calculated said amount.  

***  This is where they are trying to get you

ANSWER;  Defendant believes he/she owes no money in relation to the amount the plaintiff claims is owed in it's complaint. The Defendant maintains his/her suspension that this account was fraudulently conceived, and has sent his/her own Discovery to Plaintiff to investigate further.

 

5) State the exact amount and date of your final payment to the plaintiff. 

** once again they are trying to get you to acknowledge ownership of account, if you are disputing the account in it's entirely you can say

 

ANSWER:  Objection; vague and ambiguous; and overly broad and burdensome. Without waving said objection: Unknown, if any, Plaintiff should already have this information in it's possession. 

 

 

 In summery,  you have to answer their requests, without really answering their requests.  What you can and can not say depends on what are you using as a defense.   You do not want to give them anything that will help their case, and you don't want to be a jerk about it. You don't want to piss off the opposing counsel without reason.  Keep the mood formal, and to the point of the civil court procedure in your state. 

 

  Next you want to send them YOUR Request to Produce.  if they ask the court for more time to respond to your request,  Then you send them your Request for Admissons, and Interrogatories. These will vary depending on the facts of the case.   I hope that someone finds this information helpful. 

 

 

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23 hours ago, HueyPilot said:

Object to Everything Except your name and address...

You obviously did not read the questions and just gave a generic copy/pasted response to the OP. 

They should simply all be answered "Denied" except #11 depends on whether they included the pleading Breach of Contract in the original petition (most likely they did) and #14 "Admit".

 

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