LVNV Defendant Response to Request to Admissions

Here is my response to the plaintiff requests:



Defendant’s Responses to Plaintiff’s Requests for Admissions



Fact No. 1
Please admit that you applied to the original creditors, Providian Financial, for the revolving credit card account number [ACOUNT NUMBER], in question.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.


Fact No. 2
Please admit that you made charges on the revolving credit card account.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.


Fact No. 3
Please admit that by using the revolving credit card account you agreed to its terms and conditions, including but not limited to payment of interest costs, and attorney’s fees.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.


Fact No. 4
Please admit that you are indebted to Plaintiff in the amount of $5,278.87, plus any accrued interest, as shown on Plaintiff’s complaint.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.


Fact No. 5
Please admit that you made payment(s) on your account.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request admittance.


Fact No. 6
Please admit that you owe the balance on the account to Plaintiff.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.


Fact No. 7
Please admit that the correct balance is outlined in the complaint.

Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.



_______[SIGN HERE]________
[DEFENDANT]




DEFENDANT’S OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS



  • Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued upon.
  • Answer: Defendant objects as Plaintiff’s request for documents No.1 as it assumes there is an account being sued upon where no account has been identified as of yet by Plaintiff or its attorneys. It is burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession. Defendant cannot provide what is requested.


  • Please provide copies of any and all settlement letters or offers to settle regarding the account sued upon.
  • Answer: Defendant objects as Plaintiff’s request for documents No. 2 is overly broad and unduly burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of Defendant. Plaintiff claims they are the assignee of the alleged account therefore these documents should be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession. Defendant has no documents to provide this request.


  • Please provide copies of any and all receipts, letters, or other information that supports your contention the account was paid in full.
  • Answer: Defendant objects to Plaintiff’s request for documents No. 3 because Defendant never alleged that the account was paid in full, therefore cannot provide this request.


  • Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial.
  • Answer: Defendant cannot provide request for documents No. 4 because he does not have any exhibits.


  • If you are currently involved in any litigation as a Plaintiff, inside or outside of the state of Indiana, please provide a copy of the petition for damages, including amendments and responses.
  • Answer: Defendant answers that Defendant is not currently in any litigation as a Plaintiff therefore, has nothing to provide.


  • Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon.
  • Answer: Defendant objects to Plaintiff’s request for documents No. 6 on the grounds that it is burdensome, seeing it is requesting documents with regard to the contract sued upon, where no contract as of yet has been identified by Plaintiff or their attorneys. Defendant has nothing in his possession to provide.



So now you see, I had no contract or assignment and had to answer these questions. With nothing in front of me I was being honest. I couldn’t answer anything they asked, nor could I give them anything they needed until they proved a debt existed. I had to figure out how to answer the above legally.

As for the admissions, I had to look up my court rules. I needed to find out how to answer these with a ‘maybe this is mine, maybe it’s not’. My problem was that I had no proof here but this debt could have been mine and I didn’t want to just deny it and have them produce a contract. So to protect myself, I looked to my court rules on how to legally write that out.


My court rules states:

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Rule 37(C), deny the matter or set forth reasons why he cannot admit or deny it.

So what that all boils down to is I couldn’t deny it due to “lack of information”. I had to write ‘Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request’.

In the meantime, I kept thinking that this case should have been dismissed on the grounds of not having a contract or assignment. So I started looking through my trial rules and found out that I should have filed a motion to dismiss this case first, before I answered the summons.

Remember that above I stated that I hurried and answered the summons because of the message board people telling me to. What I should have done is taken a deep breath, read my court rules and filed a motion to dismiss pursuant to Indiana Trial Rule 9.2.

Check your local court rules first and see if your court has a written instrument rule. For example, does the contract and/or assignment need to be attached to the complaint? Then check your local court rules to see if a motion to dismiss can be filed in lieu of an answer.

You see, my court allows me to file a motion to dismiss before I answer. Then, if the judge denies the motion to dismiss, I get 10 days after that to answer the complaint. However, if he grants the motion to dismiss first, it’s dismissed.

Even though it gets dismissed, it is without prejudice. What that means is that they can sue me again by amending their original complaint. They would have to file a motion to amend to comply with the trial rule it got dismissed under. The judge would grant that, and if they come up with the contract, the case moves on to the discovery phase.

So, seeing I missed that chance, I started going over my trial rules and saw a motion for judgment on the pleadings.

(C) Motion for judgment on the pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.

And because, as I have told you earlier, I didn’t use the failure to state a claim upon which relief can be granted, my court rules allowed me to use that defense if filing a motion for judgment on the pleadings as well. I filed a motion for judgment on the pleadings, but I had no clue what I was doing and so it was denied.

A few days later, I received LVNV’s response to the motion that just got denied. As the motion had already been denied, they really didn’t even have to respond. However, it appears that they didn’t realize it had been denied and so they responded. This was to my advantage. I would seem that I received the denial notice before they did. They responded to the motion before they received notification that it had been denied.

In LVNV’s response they put that “because they are not the original creditor, they do not have the contract”. They just admitted that they were suing me for a contract that they did not have.


See LVNV’s response below:


LVNV Response


So I had to get another motion into the court. I then read up on what I did wrong in my first motion, and figured out that I just put ‘failure to state a claim upon which relief can be granted’ I did not explain to the court in detail. So I filed a motion to reconsider my motion for judgment on the pleadings.

So I filed a motion to reconsider my motion for judgment on the pleadings.



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