Request for Admissions? Response?

Discussion in 'Credit Talk' started by firstxmom, Aug 19, 2003.

  1. firstxmom

    firstxmom Member

    Hello, I received a packet of information yesterday from ASSET Acceptance, LLC, that stated this:
    You are notified that the undersigned has served a Request for Production of Documents and Request for Admissions on XXXXXXXXXXXX by regular US Mail on this 31st Day of July.
    I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by regular US Mail to XXXXXXXXX at ( my address) on 31st of July.

    It then proceeds with MANY pages requesting LOTS of information..

    One page says:
    Plaintiff ASSET ACCEPTANCEby and through its undersigned counsel and pursuent to FLA R CIV P 1.370, demands that defendent XXXXXXXXX admits or denies the truth of the following statements within 30 days from the date of this REQUEST:

    1. That this is an action for damages that is with the courts jurisdiction, exclusive of interest, court costs, and attorneys fees.
    2.That I reside in Duval Cnty

    It continues on with about 10 more, reguarding the CC usage, that I recieced the card etc..
    It also then says on the next section

    Propounds Inerrrogiatiores to the defendent, XXXX, numbered 1-12 to be answered in writing, under oath, or objected to within 30 days.

    It then proceeds with 12 questions, reguarding
    address, phone number, bank account numbers,proof that I intend to defend myself with, whether or not I received statements, etce etc.
    What I need to know is HOW do I respond to this? I had a thread going MONTHS ago, reguarding the summons I originally received ( not via US MAIL, but served at my front door!) and many of you helped me with a response, and I used some of the templets. I am about 90% sure this is beyond the SOL. Account was opened in July of 96..with last payment being in 99. Ive sent the letters requesting proof, registered mail, etc etc, but this is the only thing Ive received since, no other summons or registered mailings...this just came regular mail.
    If anyone could assist me in writing a response to this, or direct me to a templet of some sort, I would greatly appreciate it
  2. jlynn

    jlynn Well-Known Member

    Need to know the other questions, since you haven't received any proof yet :)
  3. firstxmom

    firstxmom Member

    1st Question is Name, address, place of employment, social,phone numbers, and position held.
    2. same info requested again reguarding anyone ELSE who has knowledge of this debt. of all people who intend to testify
    4. all info that I will be supplying as evidence
    5.state whether I purchased the goods on the account
    6.whether I made payments on the account,number of payments and ammount of my banking institution, types, how long, with beginning and ending dates.
    8.Whether or not I received statements
    9.Whether I dispute the charges
    10.If yes, the defendents name or person who disputed the charges.
    11. Location of all evidence
    12. Name of others that responded to this case, along with any other factual bases or counter claims against them.

    They have provided me once, with information showing the signed agreement and A statement, but never when last payment was made, which is one of the things I asked for.
    Thanks for your help
  4. rocket1977

    rocket1977 Well-Known Member

    You had better answer those request for admission within 15 days or so. If you do not, those requets are deemed admitted, and you could be toast.
  5. sirrowan

    sirrowan Well-Known Member

    Are they actually suing you? If so, are they suing you in a court that they can request such information? If they have the debt, then they should have all this information to begin with.

    Have you requested validation? Maybe they want this information from you so they can then send you your validation? Ya know, like they don't have sh$t as far as proof that this debt even exists.

    What is the actual date of last payment? That might change the 90% sure to 100% sure its time barred or not.

    This letter and entire situation sounds fishy. ASSet Acceptance are bottom feeding scum bags.
  6. rocket1977

    rocket1977 Well-Known Member

    Im sure every state authorizes Request for Admission if suit is filed. The French even have such rules probably. Nothing fishy about it. She had better answer them.

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