IN THE CIRCUIT COURT OF COUNTY, ARKANSAS DIVISION PLAINTIFF vs. CASE NO. CV DEFENDANT DEFENDANT S RESPONSES TO PLAINTIFF S REQUEST FOR ADMISSION OF FACTS The filing of these responses to Plaintiff s discovery should not be construed in any manner to constitute a waiver of any of Defendant s earlier pled affirmative defenses. Defendant is merely complying with the discovery requirements of Arkansas Rules of Civil Procedure. Plaintiff. 1. You applied for, and received, a credit card account No: from the Response: Insofar as the Plaintiff refers to the alleged assignor admitted. Insofar as the Plaintiff refers to the alleged assignee denied 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $(AMOUNT). 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Page 1 of 6
4. You received the credit card agreement attached to Plaintiff s Complaint, you understood the terms and conditions and you agreed to abide by the terms and conditions imposed thereby. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. 6. You ceased making the minimum monthly payment on the credit card. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. 8. You have refused to pay the principal balance due Plaintiff on the credit card. 9. You owe to Plaintiff the current past due principal balance of $(AMOUNT). Page 2 of 6
10. You owe to Plaintiff interest on the past due balance of $(AMOUNT). 11. You owe to Plaintiff contractual attorney s fees on the unpaid principal balance in the amount of $(AMOUNT). 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Response: Insofar as the Plaintiff refers to the original creditor on the account denied. Insofar as the Plaintiff refers to the alleged assignee of the account, Defendant denies and demands strict proof that Plaintiff {alleged assignee} is, indeed, the rightful assignee of Defendant s account. 13. You have benefitted, either directly or indirectly, from the use of the credit card. 14. You have not been released from liability by the Plaintiff for this debt. Response: Insofar as the Plaintiff refers to the original creditor denied. Insofar as the Plaintiff refers to the alleged assignee of the account, Defendant denies and demands strict proof that Plaintiff {alleged assignee} is the rightful assignee of Defendant s account and thus possesses valid authority to hold Defendant liable to Plaintiff {alleged assignee} for any alleged debt. Page 3 of 6
15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Response: Defendant asserted the defense of failure to state a claim upon which relief can be granted in {her} initial responsive pleadings to preserve this affirmative defense. Discovery is ongoing in this case and if Defendant determines through (his/her) investigation that this affirmative defense in not viable, Defendant will withdraw it. As such, Defendant cannot either admit or deny at this time. Page 4 of 6
20. You do not have any legal or factual basis for your defense of lapse of the statute of limitations. 21. You do not have any legal or factual basis for your defense of accord and satisfaction. Response: Defendant asserted the doctrine of accord and satisfaction in {her} initial responsive pleadings to preserve this affirmative defense. Discovery is ongoing in this case and if Defendant determines through {her} investigation that this affirmative defense in not viable, Defendant will withdraw it. As such, Defendant cannot either admit or deny at this time. 22. You do not have any legal or factual basis for your defense of payment. Response: Defendant asserted the doctrine of payment in {her} initial responsive pleadings to preserve this affirmative defense. Discovery is ongoing in this case and if Defendant determines through (his/her) investigation that this affirmative defense in not viable, Defendant will withdraw it. As such, Defendant cannot either admit or deny at this time. 23. You have been credited for all payments made on the account, including any payments made by a third party. Page 5 of 6
24. You do not have any legal or factual basis for your defense of release. Response: Defendant asserted the doctrine of release in {her} initial responsive pleadings to preserve this affirmative defense. Discovery is ongoing in this case and if Defendant determines through (his/her) investigation that this affirmative defense in not viable, Defendant will withdraw it. As such, Defendant cannot either admit or deny at this time. 25. You do not have any legal or factual basis for your defense of waiver. Response: Defendant asserted the doctrine of waiver in (his/her) initial responsive pleadings to preserve this affirmative defense. Discovery is ongoing in this case and if Defendant determines through (his/her) investigation that this affirmative defense in not viable, Defendant will withdraw it. As such, Defendant cannot either admit or deny at this time. 26. You have no defense to this lawsuit. Respectfully submitted this day of, 20 By: ATTORNEY NAME LAW FIRM ABN 2000000 PHONE NUMBER ATTORNEY FOR DEFENDANT Page 6 of 6