Motion for Additional Discovery Requests ***help URGENTLY***

[dcatz]

Your frustration is palpable and understandable, but you can’t take solace in that. You’re into the battle and everything else is prologue. Your primary objective must be to choose a prudent course of action that will bring this to a speedy end, because you’re not skilled enough to fight the battle. Last year, when the CFPB accepted consumer complaints in advance of proposed new industry rulemaking, the majority (41%) concerned “continued efforts to collect debt not owed”. When categories were further divided into sub-issues, the majority (24.6%) of the largest was “debt not mine”. Until things change, you’re not alone; by the time they do, you’re likely to be paying another’s debt.

As Prosepina affirmed, miscues aren’t pointed-out with relish but to alert you to where you’ve already stumbled, notwithstanding your preparation. Regrettably, I can think of one reason that Plaintiff let your Answer pass without objection: it’s water under the bridge and they have bigger plans for you. You didn’t lay the groundwork for Summary Judgment. As a pro per/pro se, it’s likely that you would have been given leave to “fix” your filing and things would have gotten back on track. They are looking ahead to discovery and sanctions for further miscues. Sanctions are independently enforceable orders. It could cost you the equivalent of principal or more to try this case with mishaps. They’re not going to get a windfall for a $2K judgment, and getting paid for other reasons may be what is in mind.

I may be the sole remaining heretic in this thread. I still don’t want you to spend for counsel or pay for another, but you have a very small window of time to do a set of interrogatories and a demand for POD to get the basis of their case and, by extension, your defense and to request it before they follow-up on their motion. That’s asking a lot. If you do, take the response as a harbinger of what is ahead and use the response time to check the cost of counsel. The deeper you dig yourself a hole, the costlier it will be for somebody else to dig you out.

 

[greengoathead]

Dcatz thanks

Your frustration is palpable and understandable, but you can’t take solace in that. You’re into the battle and everything else is prologue. Your primary objective must be to choose a prudent course of action that will bring this to a speedy end, because you’re not skilled enough to fight the battle. Last year, when the CFPB accepted consumer complaints in advance of proposed new industry rulemaking, the majority (41%) concerned “continued efforts to collect debt not owed”. When categories were further divided into sub-issues, the majority (24.6%) of the largest was “debt not mine”. Until things change, you’re not alone; by the time they do, you’re likely to be paying another’s debt.

As Prosepina affirmed, miscues aren’t pointed-out with relish but to alert you to where you’ve already stumbled, notwithstanding your preparation. Regrettably, I can think of one reason that Plaintiff let your Answer pass without objection: it’s water under the bridge and they have bigger plans for you. You didn’t lay the groundwork for Summary Judgment. As a pro per/pro se, it’s likely that you would have been given leave to “fix” your filing and things would have gotten back on track. They are looking ahead to discovery and sanctions for further miscues. Sanctions are independently enforceable orders. It could cost you the equivalent of principal or more to try this case with mishaps. They’re not going to get a windfall for a $2K judgment, and getting paid for other reasons may be what is in mind.

I may be the sole remaining heretic in this thread. I still don’t want you to spend for counsel or pay for another, but you have a very small window of time to do a set of interrogatories and a demand for POD to get the basis of their case and, by extension, your defense and to request it before they follow-up on their motion. That’s asking a lot. If you do, take the response as a harbinger of what is ahead and use the response time to check the cost of counsel. The deeper you dig yourself a hole, the costlier it will be for somebody else to dig you out.

DCatz, First, I would like to thank you for being straight forward and to the point, but without being judgmental. I truly am not an idiot. I was/am just trying to fight a battle with the resources at hand.

Below is what I have prepared. Can you tell me if this is remotely correct, and what you may be talking about? if not, could you point me in the right direction to get this rolling? my plan is to have this completed over the weekend. please let me know your thoughts. I TRULY appreciate your help.

GGH**************************************************************************************************************************************


DEFENDANT’S REQUEST FOR ADMISSION

1. Request: That the Plaintiff does not possess a copy of any credit application for account *********98314 bearing the Defendant’s signature.

2. Request: That the Plaintiff does not possess a copy of any credit agreement with the Defendant regarding account number *********98314 that states credit limit, interest rate, grace period, terms of repayment, etc.

3. Request: That the Plaintiff does not possess any contract, agreement, assignment, or other means demonstrating that the Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt.

4. Request: That the Plaintiff cannot state which date (or dates) the alleged contract for account number **********98314 was entered into.

5. Request: That the Plaintiff does not possess complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other components that contribute to the balance of $2287.08

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DEFENDANT’S INTERROGATORIES

1. Identify the person or persons answering these interrogatories. Include their business address, business phone number, title within the Plaintiff’s Organization,your business purpose, (e.g. Creditor, Lender, Collection Agency, etc.) and your form of Business organization (e.g. corporation, partnership, sole proprietorship, etc.)

2. Identify the relationship between you and Bank, with regards to the legal relation with one another, revenue sharing, and contractual agreements.

3. Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case.

4. Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

5. Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.

6. In regards to the contract or agreement alleged in this action, please state the following:
A) Terms of the contract or agreement
B) Credit limit or amount financed in the alleged contract or agreement.
C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement
D) Date and monetary value of any valuable consideration received on the contract or agreement
E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

7. Identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying creditor(s).

8. State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

9. Identify the persons or entities, which are the creditor(s) regarding any debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.

 

[dcatz]

I believe that all responders have replied with only the best intentions and, to that end, none have used or implied the appellation “idiot” or characterized any act or omission as “idiotic”.

Utah is not my state. I read URCP Rule 26. I do not have the hubris to think that my analysis of your case would be superior to that of a UT practitioner you asked to chime in and I would be more than reluctant to have you draw that conclusion. Consistent with that position, I can only offer one general observation you are free to consider or ignore:

Assume that the plaintiff has a good-faith belief that the defendant (YOU at the moment) has a contractual relation with plaintiff’s assignor and has breached that relation. Plaintiff can legitimately respond with “DENY” to all RFAs. (not the response I assume you want) and you haven’t asked for a detailed explanation of denials with your Rogs. I might ensure both that the request was made and skip the RFAs in favor of a demand for POD for every document supporting each cause of action. If plaintiff denies anything, you’re going to want supporting evidence anyway. This approach eliminates one step. If you have quantitative limits on discovery (and I suspect you may) it also can save the RFAs that you don’t have to burn. If you are going to defend in court or try to negotiate a dismissal (nobody wants to sue the wrong party), I think you need the POD to know what you’re up against and why.