Thanks in advance for those willing to help. If I can win this perhaps the experience I gain I can use to help others in the future.
Just some notes.
Exhibit 1 is a copy of a letter their attorney sent on 29 Jan, 2007. I never received this as they had an incorrect address.
Exhibit 2 is a barely legible copy of a Citibank Card Agreement with a Copyright date of 10/99. My signature is not on this.
Exhibit 3 is the bill of sale from Citi to the plaintiff. It does not specify which accounts they purchased. It does say the accounts are listed in section 1.2 - which is what I am going to compel them to produce. Also odd in this letter it says the accounts were purchased by "Unifund Portfolio A, LLC" and I am being sued by "Unifund CCR Partners" - is that any kind of technicality I can exploit. Here are the contents of it.
Exhibit 3 Bill of Sale.doc
Exhibit 4 is a copy of a Citibank account statement. My name does appear at the top of this but it looks like they put two documents together and made a photocopy. Very suspect.
On both the Request for Admissions and First Interrogatories they did have a Certificate of Service page at the end so that is correct there. Also I did not include this but for both items they did do the headings correctly according to RCP.
Also I have typed up a Request to Produce that I was going to send. Please take a look if interested. It's still somewhat rough draft. It's the last item.
FIRST REQUEST FOR ADMISSIONS.
Req for Admissions.doc
NOW COMES the plaintiff herein, Unifund CCR Partners, and pursuant to the provisions of G.S. § 1A-1, Rule 36, herewith serves uopn you the following request for admissions. You are requested to admit or deny, for the purposes of this action only, the following within thirty (30) days after service hereof. Any request not specifically denied shall be deemed admitted.
PLEASE TAKE NOTICE that if you fail to admit any of the matters requested herein, the plaintiff will apply to the Court for an Order requiring you to pay all of its reasonable expenses incurred in making the proof of matters denied, including its reasonable attorney’s fees, pursuant to the provisions of G.S. § 1A-1, Rule 37(a)(4) and (c).
1. The plantiff is in a partnership organized under the laws of the state of New York, with a principal office and place of business in Hamilton County, Ohio.
2. The defendant is a resident of Mecklenburg County, North Carolina.
3. The plaintiff sent a demand letter to the defendant on or about January 29, 2007.
4. The attached Plaintiff’s Exhibit No. 1 is a true and accurate copy of the demand letter sent to the defendant.
5. This action was initiated on or about March 22, 2007.
6. The defendant was properly served with copies of the summons and complaint herein on or about December 14, 2007.
7. The parties hereto are properly before the Court and the Court has jurisdiction over the parties and the subject matter hereof.
8. The defendant entered into a written credit agreement (Hereinafter the Credit Agreement) with Citibank (South Dakota), N.A., the plaintiff’s predecessor in interest.
9. The attached Plaintiff’s Exhibit No. 2 is a true and accurate copy of the Credit Agreement between Citibank (South Dakota), N.A. and the defendant.
10. In reliance upon the defendant’s contractual commitments contained therein, Citibank (South Dakota0, N.A. extended credit to the defendant.
11. The defendant is in default under the terms of that Credit Agreement, in that the defendant has failed to make the payments required thereunder.
12. The defendant’s account with Citibank (South Dakota), N.A. was subsequently sold and assigned to the plaintiff herein.
13. Pursuant to the terms and provisions of the Credit Agreement, the defendant is lawfully indebted to the plaintiff in the principal sum of $21,680.38.
14. The attached Plaintiff’s Exhibit No. 3 is a true and accurate copy of the Bill of Sale between Citibank (South Dakota), N.A. and Unifund Portfolio A, LLC
15. The Attached Plaintiff’s Exhibit No. 4 is a true and accurate copy of the monthly statement dated June 9, 2005.
16. The defendant is further indebted to the plaintiff for interest on said sum from and after January 1, 2007, at the contract rate of 23.99% per annum.
17. The Credit Agreement between the parties contained a provision calling for the payment of attorney’s fees in the event of the default by the defendant.
18. The plaintiff gave the defendant five (5) days notice as required by G.S. § 6-21.2 to pay the outstanding balance or be required to pay said attorney’s fees.
19. At the time of the filing of the complaint herein, the balance then outstanding and due from the defendant to the plaintiff was at least $22,777.60.
20. The defendant did not pay that “current balance outstanding” within the five (5) day period allotted by G.S. § 6-21.2.
21. The plaintiff has done all things required of it by G.S. § 6-21.2 and by contract, therefore entitling it to recover from the defendant its reasonable attorney’s fees incurred in the prosecution of this action.
22. The plaintiff is entitled to judgment against the defendant herein in the principal sum of $21,680.38, together within interest thereon at the contract rate of 23.99% per annum, from and after January 1, 2007, reasonable attorney’s fees in the sum of $3,416.64, which sum is 15% OF $22,777.60, the outstanding balance at the time of the filing of the complaint herein, and costs of this action.
This the 1st day of July, 2008.
Attorney’s Name & Etc.
FIRST INTERROGATORIES
First Interrogatories.doc
In addition to the enclosed First Request for Admissions, the plaintiff herewith further serves upon you the following written interrogatories, pursuant to the provisions of G.S. § 1A-1, Rule 33. You are required to answer these interrogatories separately and fully in writing under oath, and to serve a copy of your answers on the undersigned within thirty (30) days after service thereof.
These interrogatories shall be continuing in nature until the date of the trial and you are required to server supplemental answers as additional information may become available to you.
1. If you refused to admit any of the Plaintiff’s First Request for Admissions, for each and every such refusal, state the following:
(a) The specific reasons, in detail, for your denial.
(b) All facts known to you which support your denial of such request.
(c) In summary, all legal contentions that you believe support your denial of the request.
(d) All statutory, case or regulatory authority upon which you rely in refusing to admit such request.
(e) A description of any and all documents known to you that support your denial. In the alternative, you may identify such documents and attach copies thereof to your answers to these interrogatories.
(f) The full names, addresses, and telephone numbers of all persons known to you who may have knowledge of the specific events and matters that relate to your denial.
2. Please state the exact amount that you contend is owed by you to the plaintiff, and state in detail all the facts known to you that you believe support your contention as to the correct amount owed.
3. Please list all payments made by you to this account since it’s opening, showing the amounts and dates of each and every such payment. If you will do so without the necessity of a motion to produce, please attach copies thereof (both front and back of all checks) to your answer to this interrogatory.
4. Is it your contention that the plaintiff failed to give you credit for any of those payments? If so, please enumerate the specific payments you contend were made by you that the plaintiff has failed to apply to your account, setting out the date, amount and manner of the alleged payment.
5. Please set out in detail all the facts known to you which you contend justify you contention that any sum less than the amount claimed is the correct amount due.
6. Please identify and list all documents known to you which you believe may tend to support any other of your contentions with respect to this proceeding.
7. Please list the names, address and telephone numbers of all persons known to you that you believe may have information or knowledge relevant to this action, or you may simply list any persons you may call as witness at any trial of this case. For each person and/or witness, please state the general nature and substance of the testimony you would expect to elicit from that person.
Attorney Info and Etc with signature.
MY REQUEST TO PRODUCE
My Request to produce.doc
NOW COMES the defendant herein, MY NAME, and pursuant to the provisions of G.S. § 1A-1, Rule 34, herewith serves upon the Plaintiff the following production of documents and things and entry upon land for inspection and other purposes. You are hereby requested to produce the following described documents, for the purpose of this action only, for inspection and copying by the Defendant at a time and place to be mutually agreed upon by the parties within thirty (30) days of service hereof. This request is continuing in nature, and in the event you become aware of or acquire in your possession, custody or control, additional responsive documents, you are asked promptly to produce such additional documents for inspection and copying.
DEFINITIONS
For the purposes of this Request for Production of documents and things and entry upon land for inspection and other purposes:
1. "Defendant" refers to the Defendant named in this lawsuit
2. "Plaintiff" refers to Unifund CCR Partners as well as any person in their agency or employ.
3. “Original Creditor” refers to Citibank (South Dakota), N.A. as well as any person in their agency or employ.
4. "Documents" as used herein are defined as documents, records, minutes, notices, books, papers, contracts, memoranda, invoices, correspondence, notes, calendars, photographs, drawings, charts, graphs other writings, recording tapes, recording discs, mechanical or electronic information storage or recording elements (including any information stored on a computer), written and recorded telephone messages, and any other "documents". If a document has been prepared in several copies, or additional copies have been make that are not identical (or are no longer identical by reason of subsequent notation or other modification of any kind whatever, including with out limitation notations on the backs of pages thereof) each nonidentical copy is a separate document.
5. "And", "or", and "and/or" shall be construed as broadly as possible so that information otherwise within the scope of the request is not excluded.
6. “Statement” or “Statements” means the periodic monthly statement issued by the original creditor.
7. “Assignment Agreement” includes but is not limited to bills of sale, the actual purchase and assignment agreement document(s) including the terms and conditions of the sale, and the schedule of accounts included in sale. Assignment Agreements(s) shall also mean the complete documentation of the chain of custody between the original creditor and plaintiff provided the account has been bought and resold by another debt collector.
8.”Application” means the document or documents submitted to the original creditor for the purposes of acquiring the account.
CLAIMS OF PRIVILEGE
If an objection to a request is based upon a claim of privilege or attorney work product, identify each document so withheld. With regard to all documents or portions of documents withheld on this basis, identify its creator; provide a brief description of the document, and state with particularity the basis of the claim of privilege, work product, or other ground of nondisclosure.
LOST OR DESTROYED DOCUMENTS
If any document requested has been lost, discarded, or destroyed, identify such document. State the type of document, its date, the approximate date it was lost, discarded, or destroyed, the reason it was lost, discarded or destroyed, a summary of its substance, and the identity of each person having knowledge of the contents thereof.
DOCUMENTS REQUESTED
1. The last 6 monthly statements issued by the alleged original creditor, Citibank (South Dakota), N.A., to the defendant prior to the alleged account being charged off.
2. An itemized calculation of the amount claimed due in the complaint to include principle, interest, collection fees or charges, credits, or other components if any, along with the date of each item beginning on the date plaintiff allegedly acquired the alleged account from the original creditor Citibank (South Dakota), N.A., .
3. The fu
