Discovery Advice
Date: Sat, 01/24/2009 - 15:26
1) I requested a copy of the signed Alleged Credit Card Agreement from the Original Crediter (Juniper Bank) and that was followed by an Objection stating that the request is irrelevant and not Calculated to lead to the discovery of admissible evidence where the use of the credit card account at issue constitutes the Defendant's agreement to be bond by the card's term and Conditions. Subject to and without waiving the foregoing objection, the Plantif states that it is a third party that has been assighned the Defendant's account and therefore is without knowledge or information sufficent to know of the Defendant's original credit card application. By way of further response, the Plantiff states that it does not have the original credit card application from the Plantiff as the Defendant's account was created by the Defendant's Use of the Credit extended by the Plantiff's Predecessor in intrest.
2) A contract, agreement, assignment,or other means of demonstrating that the Plantiff, LHR, INC. has the autority and capacity and legally entitled to collect on the alleged dedt.
Response: OBJECTION The request is irrelevant and not resonably calculated to lead to discovery of admissible evidence as it relates to the Defendant's for the dedt that forms the basis for this action. The Plantiff directs the Defendant to the attached Bill of Sale between Barclay's Bank Delaware and LHR, INC. Said such bill assigns all legal right and title to the Defendant's account to the Plantiff, including the right to collect on all amounts due and outstanding.
The Bill of Sale if just the transaction between Juniper and LHR but does not have any account number that they sold and no names except the ones who signed for the dedt.
3) Any farther documentation, beyond what has been previosly requested that clearly establishes Defendant's Libility and/or responsibility to the alleged dedt.
Response Plantiff directs Defendant to the attached copy of the Affidavit of Account.
All it is is a form letter with the Name and Amount in bold along with someone's attempt at a signature or wavey lines.
4) Plantiff's Articles of Incorperation
Response OBJECTION The Plantiff sates that the request is Irrelevant and not...see above for it is the same wording. FUthermore the Plantiff states that the Defendant can find this through Public sources.
5) Provide proof that the Plantiff is license to collect dedt in the Stae of North Carolina and has procured a bond as required by the State of North Carolina.
Reponse OBJECTION Plantiff states....see above Plantiff states it does not required to be license in the State of North Carolina as it retains counsel of record to collect past due balances on delinquent accounts within the state of NC.
what type of lawyer?
Unable to find a lawyer that will assist in NC -- what type of lawyer do you use for this defense? I do not want to go to a bankruptcy lawyer? would like to be able to work out settlement from summons rec'd from sessoms & rogers
I sent interrogatories and request for documents to a debt colle
I sent interrogatories and request for documents to a debt collector who is suing me and they responded to almost everything with "Objection, the request is irrelevant and not Calculated to lead to the discovery of admissible evidence."
The only thing they sent me was a credit card agreement not signed. funny part is that they said I signed for the card in 1999 and the credit card agreement is from November/2000,lol. Plus they said I owe Emerge/Compucredit mastercard and the credit card agreement is for Providian visa and mastercard, so which one is it? LOL....
The other thing they sent me was a printout of what is supposed to be a credit card statement and I pretty much tore it apart as being phony. So now I go to the court next month as I filed a motion to dismiss the case with prejudice.
Also like you when I asked for their license number to be able to conduct business in my state, they responded with "Objection, the request is irrelevant and not Calculated to lead to the discovery of admissible evidence." So I got them right there because they know they need to be licensed to collect in my state and continue to run illegally. I highly doubt they will show up to court next month unless they are really stupid and want to get sanctioned for filing a frivolous lawsuit. I also have the state on my side so all I have to do is tell the judge to call the director and she can confirm my defense.
same thing with Palisades
Was served for a small claims summons court date 1/13/09. answerd it and sent a dV and filed with court. well went to court and Judge agreed for this dicovery and set a bench trial date 5/19/09.. Now i get a Discovery from Palisades asking 40 question's. I deny I ever had a CC with Chase. Looked at creidt report Chase has date Opened 1993 and last payment was 6/04. I never had a CC with this bank nor this account # matches anything I have ever had. Also on 1/13 court date Levy ATTY dindnt show he called a local ATTY at 7;30am 1/13 to rep his case. I was there on time at 8:oo for 8:25 hearing. Has any one delt with this?????
No contract or signature needed?
I'm being sued by Sessoms and Rogers. I live in NC. I sent a Production of documents, received the same reply as guest, then they sent me three years worth of statements, and requested a production of documents from me. They also sent several questions for me to answer. One of them, asked was I aware that NC did not require a signature on a credit card debt. Does anyone have any feedback on this?
Don't have docs in front of me now, but they are asking questions such as do I owe this company etc, how should I respond?
I've been doing very well defending myself against them to this point, just need a little feed back. Thank you.
They only had the last few statements when I asked during POD. T
They only had the last few statements when I asked during POD. They sem to have a form letter for the affidavit that they sent that had my name and amount in bold. Plus the person who signed it as swearing that it is tru can not be evern read with no name in print under it. Seems some lady with a notary signed it on the 20th of october which is two days before I sent the POD to them.
Their so called Bill of Sale does not mention anything about me or any account number that they said that is mine. I guess it is a great way to scare people into paying them. I have not really had anything trouble with Sessoms and Rogers since I have been dealing with them. I have a feeling that they are going to do me what they did to Guest 6208 and waiting to Object to their POD.
I have a feeling that I will see what takes place before filing a Motion To Dismiss on grounds of not even having a contract to prove I had an account with them. I think they said it was the use of the card that binded me when I used it. Since I never had a card from them then I guess all is good.
Do not give in and fight the good fight folks.