Response to Plaintiffs demand for admissions example. - Credit Repair Forum from Creditnet
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  1. #1
    billbauer is offline Senior Member
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    Response to Plaintiffs demand for admissions example.

    As many here know from my past posts I am being sued for an auto repo. I sent my demand for admissions to the plaintiff a week or more ago and today I got their demand for discovery.

    Although I have 45 days from today to respond they only have 30 days to respond to my demands so I have them behind the old 8 ball time wise. In order to give an example of how to respond to admissions I have posted a link to my proposed responses to their demand for admissions on my google docs page. You can clisk on the link below and see how I plan to respond.

    Of course, I will prepare a second set of admission demands which I plan to send to them tomorrow. Those will be based on their demands to me. Let them answer their own questions. (LOL) Well, to some extent at least. Then when we get close to the 45 day mark I'll file a motion for protective order from most of their questions. At the end of the 30 day mark I'll file motion to deem admitted anything they didn't admit. IF they don't answer at all then I'll just pick and choose between the list of 44 questions I sent them to have deemed admitted.

    I may very well not win but I'm sure planning to give them some major headaches before it is all said and done. My responses need some quotes from Oklahoma Statutes and from civil rules of procedure yet but I've got plenty of time to get those located and quoted.

    What I have posted on my google docs is just the admissions section. They also sent demand for interrogatories and production of documents which I will also respond to and post my responses later.

    Please don't think I am trying to give legal advice here. That wouldn't be possible because every attorney has a different set of demands and ways of presenting them so at best what I have posted is just an example of how to go about responding to admissions.

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  3. #2
    billbauer is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Here is the Defendant's 2nd set of demands for admissions. This second set of demands was devised from the Plaintiff's demand for admissions which the defendant received today. This should be interesting indeed.

  4. #3
    creditatty is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    I simply deny most requests for admissions, state Plaintiff lacks sufficient knowledge or just object as to being vague.

  5. #4
    billbauer is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Quote Originally Posted by creditatty View Post
    I simply deny most requests for admissions, state Plaintiff lacks sufficient knowledge or just object as to being vague.
    Of course, based on what you have said here it isn't too hard to imagine that the Plaintiff just picks up his toys and goes home. Right? If I'm wrong about that please tell us what usually happens after they get your responses.

  6. #5
    creditatty is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Quote Originally Posted by billbauer View Post
    Of course, based on what you have said here it isn't too hard to imagine that the Plaintiff just picks up his toys and goes home. Right? If I'm wrong about that please tell us what usually happens after they get your responses.
    I represent Plaintiff's, thus, unless they've lied to me about something we don't pick up our toys unless we settle or go to trial.

  7. #6
    billbauer is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Quote Originally Posted by creditatty View Post
    I represent Plaintiff's, thus, unless they've lied to me about something we don't pick up our toys unless we settle or go to trial.
    I didn't think so. That's why I said it the way I did. Never seen an attorney yet who would give up just because some defendant I simply denied the requests for admissions, stated Plaintiff lacks sufficient knowledge or just objected as to being vague. Wouldn't be much of an attorney if they did.

    Those are just stock responses every attorney uses no matter what. I have yet to see any attorney give any straight answers to a defendant. Not ever. In fact it wouldn't surprise me any if and attorney did give up so easily the bar assn would turn him into their favorite whipping boy (or something like that anyway.) LOL

  8. #7
    creditatty is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Objections are common and so is Requests for Supplementation to drown us in paperwork. Those are usually denied as well and a Motion to Compel is then threatened. Very rarely ever happens and even if it does, it matters not to me because the questions are not likely to lead to admissible evidence. They can schedule a deposition and ask whatever they like is the general answer I get from most Judges.

  9. #8
    billbauer is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Quote Originally Posted by creditatty View Post
    Objections are common and so is Requests for Supplementation to drown us in paperwork. Those are usually denied as well and a Motion to Compel is then threatened. Very rarely ever happens and even if it does, it matters not to me because the questions are not likely to lead to admissible evidence. They can schedule a deposition and ask whatever they like is the general answer I get from most Judges.
    Something I can't figure out. First you say you are an attorney who works for creditors and debt collectors then you come off sounding like a consumer advocacy attorney. Which is it? The problem is that the Bible says you can't have two masters. Now then I am fully aware that we are not in church here but the example does fit because if you work for creditors and debt collectors and they find out that you are helping consumers then they will dump you and you won't get any more work from them. On the other hand, if consumers know that you work for debt collectors then you will be seen as probably willing to sell them out to the debt collectors and you won't get any more business from consumers. Of course, if that happens I guess you could alway help the drunks get out of their DUI problems or start chasing ambulances. So I'm sure you would survive one way or another.

    Drown us in paperwork? Yes and that's not all. One of my local students here in OKC just left the office and he was sued by a debt collector out of Texas who lost the case and got nothing because Vance D. knew how to defend. Then he sued the debt collector in return. Both cases were in small claims courts and both lost the case. Neither could prevail. Then Vance sued the debt collector in federal court. He got a letter from the defendant's attorney this morning telling him the debt collector would surely win the case and Vance would end up having to pay the court costs and attorney fees so in order to prevent further litigation costs the defendant would agree to pay $500 to settle all claims against them but Vance would also have to agree to take down the damaging recordings of phone conversations from his web site and agree to a strict confidentiality agreement.
    That is pretty common. Defendant's attorneys just love to tell the plaintiffs that they don't have a crying chance of winning and they had better take an old cold tater and forget the whole thing. Of course Vance isn't about to agree with them or accept any such silly offer. He can't very well agree to the idea of taking the recording off his web site because it isn't going to do any good. After all, what guarantee can he give that I haven't already copied his recordings and will soon be putting it up all over the internet for all and sundry to hear? What guarantee can Vance give that somebody hasn't already beat me to the punch? He can't do that and the recordings are likely to show up somewhere sooner or later. I can just about guarantee that they will. Maybe not right now because if they do then that could jeopardize Vance's case but once it is settled and done with then that may become a totally different matter.
    Trying to bury the other side in paperwork is par for the course. Nothing new there.

  10. #9
    creditatty is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    When did I say I was a creditor's attorney? I represent consumers that have been sued by debt collectors, debt purchasers and original creditors. I simply use Rule 12.02 of the Tennessee Code Annotated to dismiss their Complaint and counter under the FCRA, FDCPA (if applicable) and Tennesee Consumer Protection Act.

    Most of these cases take place in General Sessions Court wherein discovery isn't even allowed. If the case is in Circuit, I do what I've stated above.

    I also represent "Plaintiff's" in civil actions in various Circuit Courts in Tennessee against the same and credit reporting agencies. I also file cases for consumers in the United States District Court for the Middle District of Tennessee.

    Sorry, if I confused you by my use of the term "Plaintiff."

  11. #10
    billbauer is offline Senior Member
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    Re: Response to Plaintiffs demand for admissions example.

    Quote Originally Posted by creditatty View Post
    When did I say I was a creditor's attorney? I represent consumers that have been sued by debt collectors, debt purchasers and original creditors. I simply use Rule 12.02 of the Tennessee Code Annotated to dismiss their Complaint and counter under the FCRA, FDCPA (if applicable) and Tennesee Consumer Protection Act.

    Most of these cases take place in General Sessions Court wherein discovery isn't even allowed. If the case is in Circuit, I do what I've stated above.

    I also represent "Plaintiff's" in civil actions in various Circuit Courts in Tennessee against the same and credit reporting agencies. I also file cases for consumers in the United States District Court for the Middle District of Tennessee.

    Sorry, if I confused you by my use of the term "Plaintiff."
    OK. No problem. So since you are a consumer advocacy attorney let me explain a situation I am currently involved in where I am the defendant.

    FDCPA states that nothing a debt collector has in their files or on their computers can be construed as validation. (at least words to that effect). I demand validation and the attorney responds with a demand for payment saying "Here is the validation you requested" and it is on their stationary and carries their letterhead. Nothing whatever to indicate that they had followed the law.

    FDCPA furthermore says that if validation is demanded timely any and all further collection attempts constitute illegal continued collection activity. (or words to that effect) In fact, that was one of the main points upon which Clifford Sheppard, acting on behalf of Spears sued Brennan, a debt collector in the 7th Cir. Ct. of Appeals.
    So what constitutes illegal continued collection activity and what does not?
    (1.) Lawyer files suit (maybe falsely) on behalf of the alleged plaintiff. Plaintiff may also actually be yet another debt collector.
    (2.) Lawyer serves defendant.
    (3.) Law firm files notice of appearance naming the law firm and naming 5 or 6 attorneys who are members of that law firm so that any one of them can proceed with the case. (Are each of them both individually and severally liable for the infractions of any one of them and severally as well?) (4.) Lawyer files Soldier's and Sailor's act notification (5.) Defendant responds, files response and certificate of service for demand for admissions (44 demands) and mails response, demand for admissions and certificate of mailing to plaintiff's lawyer. Lawyer files certificate of service and sends demand for admissions, (16), demand for production of documents and list of interrogatories. So does each and every demand for admissions, each and every demand for production of documents and each and every interrogatory constitute a separate violation and cause of action when the debtor files a federal case or not?
    Does each and every action numbers (1.), (2.),(3.) and (4.) constitute illegal continued collection activity and if not then which ones do not constitute illegal continued collection activity?
    It is also illegal to provide false and misleading information to a consumer. If the lawyer first demands more than $10,000 then files in SPECIAL COURT claiming less than $10,000 but more than $6,000 and in demand for admissions wants the defendant to admit to owing the exact same amount (greater than $10,000) originally claimed prior to suit is that not providing false and misleading information to a consumer and maybe to the court as well?

    I'm not asking for any opinions dealing with the present case or how to handle this instant case but rather about a strictly hypothetical case which might or might not be filed in federal court at some unknown future time by some hypothetical consumer. I would not ask you about an ongoing case because I know you cannot give legal advice when I'm not your client and we don't even live in the same state.

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