Author Topic: Answer to Plaintiffs 1st request for admissions  (Read 12079 times)

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jcanter426

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Answer to Plaintiffs 1st request for admissions
« on: November 20, 2008 08:08:05 PM »
Being sued by LVNV, here's my answers to the plaintiffs 1st request for admission, any suggestions are greatly appreciated.  I have to accompany this with my answer to their first request for interrogatories....but I want to do one at a time...Thanks

1. The plaintiff is a limited liability company organized under the laws of the state of Delaware, with an office and principal place of business in Las Vegas, Nevada.
Admit

2. The defendant is a resident of Forsyth County, North Carolina.
Admit

3. The plaintiff sent a demand letter to the defendant on or about June 3, 2008.
Deny

4. The attached Plaintiff’s Exhibit No.1 is a true and accurate copy of the demand letter sent to the defendant.
Defendant has insufficient knowledge to admit or deny whether the attached Exhibit No. 1 is a true and accurate copy of the demand letter.  Defendant does not reside at the address listed on Exhibit No.1 and has not in over 2 years.

5. This action was initiated on or about July, 30th 2008.
Admit

6. The defendant was properly served with copies of the summons and complaint herein on or about August 21, 2008.
Admit

7. The parties hereto are properly before the Court and the Court has jurisdiction over the parties and the subject matter hereof.
Admit

8. The defendant entered into a written credit agreement with Sears National Bank, the plaintiff’s predecessor in interest.
Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.

9. The defendant is in default under the terms of that Account Agreement, in that said defendant has failed to make the required payments due.
Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.

10. The defendant’s account with Sears National Bank was subsequently sold and assigned to the plaintiff herein, and the plaintiff is the owner of this debt.
Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.

11. The defendant is lawfully indebted to the plaintiff in the principal sum of $1,230.57.
Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.

12. The defendant is further indebted to the plaintiff for interest on said sum from and after July 16, 2006, at the legal rate of 8% per annum.
Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.

13. The plaintiff is entitled to recover from the defendant all costs of this action.
Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.








Flyingifr

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #1 on: November 21, 2008 01:28:34 AM »
You did fine. They are suing you for only $1300? You can make them spend more than that when you serve them with YOUR Discovery Demands.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

jcanter426

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #2 on: November 21, 2008 12:18:47 PM »
Thank you so so so much for your reply!!!!

Kitten

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #3 on: November 21, 2008 04:32:43 PM »
I don't know that I'd admit to 1, 5, or 7. Especially 1, you have zero knowledge of that, it's up to them to show it.

jcanter426

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Update...request for Production of Documents
« Reply #4 on: February 13, 2010 01:57:13 PM »
I have not heard from them since May 2009 and now I just recieved Production for Documents

They requested the following

1. All copies of correspondence from Defendent to Plaintiffs Predecessor regarding the account
2. All copies of correspondence from Plaintiff's Predeccesor to Defendent regarding account
3. All copies of correspondence from Defendent to the Plaintiff regarding account.
4. All copies of correspondence from Plaintiff to Defendent regarding account
5. Copies of all payments by Defendent to Plaintiff's Predecessor  regarding account
6. Copies of all Payments made by Defendent to Plaintiff regarding account
7. Copies of all monthly account statements, cancelled checks, certificates of payment, and debit transactions for any and all financial and lending institutions with which the defendant had a checking account from May1 2005 to Jan 31 2006
8. Copies of all monthly account statements, cancelled checks, certificates of payment and debit transactions for any and all financial and lending institutions with which the Defendant had a savings account from May 01 1005 to Jan 31 2006.
9. Copy of Defendants Credit Report dated no earlier than July 30 2008 from one of the three leading credit reporting agencies.

I have no idea how to answer all of these.  Do I have to provide all of this?  After providing this am I able to request production of documnets from them. I mean I know I am but would this be the appropriate time? I read some other peoples responses and posts, but none seem to be to similar to mine....  thank you so much in advance for any advice you can give me on these.

nobk4me

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #5 on: February 13, 2010 06:16:44 PM »
I would object to them all.   They are unduly burdensome, oppressive, irrelevant (the checking/savings account info), and/or request materials that should be already in the possession of the Plaintiff, if they actually had a case.

They are trying to get you to prove their case for them.
Molon labe

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Flyingifr

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #6 on: February 14, 2010 10:43:11 PM »
What's the matter, counselor - doesn't your client keep any records? That list is just what I was going to demand of you....
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

jcanter426

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #7 on: June 14, 2010 04:39:41 PM »
I sent the answers to these questions in certified mail with confirmation back in Feb.  I objected to all of them as follows.

1. Object. Requests materials that should already be in the possesion of the plaintiff.
2. Object. Requests materials that should already be in the possesion of the plaintiff.
3. Object. Requests materials that should already be in the possesion of the plaintiff.
4. Object. Requests materials that should already be in the possesion of the plaintiff.
5. Object. Requests materials that should already be in the possesion of the plaintiff.
6. Object. Requests materials that should already be in the possesion of the plaintiff.
7. Object. Unduly burdensome, oppresive, and irrelevent.
8. Object. Unduly burdensome, oppresive, and irrelevent.
9. Object. Unduly burdensome, oppresive, and irrelevent.

Now they sent me a letter stating they never received my answers, should I re send them?  If so please let me know if my above answers are sufficient, and if not how you would critique them.  Thanks so much for your help!!

silverzgirl

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #8 on: June 14, 2010 04:58:09 PM »
Did you send your answers CMRRR? Was it delivered? Then they received them. Make a copy of the USPS screen shot of your tracking number as proof of delivery.

Irrelevant is spelled with an "a"...and 7-9 are completely irrelevant at this stage. I am with nobk....most of this should be in the possession of the client IF they kept effective records. They want you to build a case for them.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

jcanter426

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #9 on: June 14, 2010 05:06:28 PM »
Yes, it was delivered and I have the screen shot.  I will send that.  I checked my word document of the actual document I sent and thankfully spell check caught that for me on there, thank you for correcting me on here.

So I take it you think my answers were sufficient?
Thank you for your response. 

Also, I am in NC.  I have tried to make sense of the Rules of Court Procedures, but I have not found the answer to this.  How long do I and the defendant have for the discovery period?  Is there a set time limit?  This has been going on forever it seems.

jcanter426

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #10 on: June 17, 2010 06:42:34 PM »
"Also, I am in NC.  I have tried to make sense of the Rules of Court Procedures, but I have not found the answer to this.  How long do I and the defendant have for the discovery period?  Is there a set time limit?  This has been going on forever it seems."

Anyone have any advice on this?  Thanks so much!!

itsmeagain

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #11 on: June 17, 2010 06:52:12 PM »
I hope you're watching the court docket.  They may try to "back-door" a judgment by submitting their letter stating you haven't responded and asking for a SJ.

I don't know if NC has online access or not but if not, check with the clerk's office for any updates on the case such as filings, dates, etc.

maylaur

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Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

jcanter426

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #13 on: June 18, 2010 08:24:00 PM »
Thank you.  I sent them a copy of the screen shot from USPS stating the answers had been delivered.  I hope that they are sufficient.  I objected to all of them.

Thanks for your help!

jcanter426

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Re: Answer to Plaintiffs 1st request for admissions
« Reply #14 on: September 20, 2010 04:17:58 PM »
Well, I answered the Production of Documents as stated above, sent them the copy of my screen shot, and CMRRR, and now they have filed a motion to compel and requested a court date of Oct 25th.  I assume my answers were not what they wanted.  Any idea what my chances are on this, were my answers ok? Thanks