[censport]

I am the defendant in a credit card related lawsuit for just over $15,000.00.
I am being sued as The Personal Guarantor on this account.
They are suing me "Junk Debt Buyer / Assignee of ABC Bank" vs "My Name"/DBA WMD Company, INC ( fictitious names).
I am being sued by a local attorney in the state of Rhode Island who represents the JDB who is a Collection Company located in New York.
I was contacted by this attorney many 6-7 months before he sued me. I responded with reasons it may not warrant his attention given my financial condition and also requested Debt Validation as he stated in his letter as is required.
I never heard any more in response to my letter until I was served with a lawsuit.

I answered the lawsuit and admitted basically nothing/

He did provide an illegible copy of a Personal Guarantee Form with what appeared as my signature on the form.

I admitted simply my name and address and either straight out denied items or 'neither admit true or Denied because I do not know enough info to know the truth of the matter."

I filed a Motion to Dismiss for not responding to or providing Debt Validation. The Judge denied my motion as not being his jurisdicttion re violations of the Fair Collections Act. However the atty did state that he had no obligation to respond given that the line of credit was from a corporation and thus "commercial debt" and only consumer debt is covered by the act. It seemed odd that he stated in his letter I had 30 days to request Debt Validation... and then later state he had no obligation given his interpretation it is not consumer debt.

I have responded to his Interrogatories, Request for Documents and Admissions. He requested better answers to interrogatories which I provided... but still no admissions of debt ownership.
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I have received a Motion to Strike most of the questions on my Admissions... which as I understand it, if that motion is granted... those answers become Admissions and that could win the case for the Plaintiff.
Is my thinking correct? What preparation should I be ready for at the motion hearing later in August? Any thoughts?
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I am still awaiting answers to My Interrogatories and Request for Production to the Plaintiff. I sent him a reminder a few days ago... and it is now 8-10 days past the 30 days since I initially requested them.
I was quite thorough and professionally worded the interrogatories and the document requests dealing with proof of ownership of the debt, chain of ownership from inception and also requested the Assignment Contract and the price he paid for the debt. Also requested what witnesses he is planning to provide who has first hand information relating to the original inception and how it came to be owned by the his Client?

It appears to me that he may be trying as best he can with his Motion to Strike and turn them into Admissions... and then Relieve Him from Having to Prove His Case. Is this how you would view what is going on?

I am going to pursue getting the Interrogatory Answers and The Production of Documents Responses.

So there are two key questions but welcome any thoughts on other aspects of the case?
1. What should I do to prepare for Motion to Strike Admission Answers?
2. What if the Plaintiff is unable to prove his case, either with not proving he was financial wronged or not being able to produce a witness etc etc...

He could still win even though he cannot prove his case... If the Judge Grants his Motion to Strike... and thus makes my answers as ADMISSIONS.

I welcome any input on those 2 questions in particular.
Thank you.
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[AK lawyer]

...
I am being sued as The Personal Guarantor on this account.
They are suing me "Junk Debt Buyer / Assignee of ABC Bank" vs "My Name"/DBA WMD Company, INC ( fictitious names)....

Seems strange that, as a personal guarantor, you are being sued "d/b/a ...Inc." Corporations don't make personal guarantees.

...
He did provide an illegible copy of a Personal Guarantee Form with what appeared as my signature on the form.
... I have received a Motion to Strike most of the questions on my Admissions...which as I understand it, if that motion is granted...those answers become Admissions and that could win the case for the Plaintiff.
Is my thinking correct? ...

Do the requests for admissions include a request that you admit the personal guarantee?

If the judge is inclined to grant the motion to strike, you should ask for an opportunity to amend your response to request for admissions.

[censport]

"Seems strange that, as a personal guarantor, you are being sued "d/b/a... Inc." Corporations don't make personal guarantees."
Quick Answer: It was a relatively new corporation with no credit history and I was the President and CEO. In that situation banks often will only grant the line of credit etc if a corporate principal will personally guarantee the loan.

I thought it seemed quite strange for a Junk Debt Buyer to be suing me but adding the words "Assignee of Wells Fargo Bank" along with the Plaintiff Name.

I also thought it was odd to sue me "John Q. Public' "D/B/A WMD Company Inc"
I denied doing business as that company (In RI) where they sued me. When they listed my name along with D/B/A WND Company, Inc." they also showed my home address in RI.

The corporation is not registered in RI, nor was it ever operating in RI. The complaint stated that the Defendant is a citizen and resident (doing business under the Trade Name WND Company, Inc" with a principal place of business located at ( and listed my home address).
In my answer to the suit, I admitted that I am a citizen of RI at that address and DENIED the other allegations in that statement.

In the Admissions part of discovery, it was stated that WND Company, Inc was NOT registered with the Secretary of State in RI... which I ADMITTED was correct.

( There is something about them suing me as a Personal Guarantor AND in addition trying to make it seem I am DBA as WND Company, Inc in RI... (and suggesting that perhaps I am doing business without being registered in RI to do so). However I am NOT and have NEVER done business in RI... as he stated and I DENIED.

Is there something in the Assignee Statement and the DBA aspect that I should bring forth at some point? Other than my responding appropriately, I wonder of there is something I should bring forth in a hearing or if there is a Motion For Summary Judgment or perhaps a Trial??

[AK lawyer]

"...
Is there something in the Assignee Statement and the DBA aspect that I should bring forth at some point? Other than my responding appropriately, I wonder of there is something I should bring forth in a hearing or if there is a Motion For Summary Judgment or perhaps a Trial???

If a corporation is involved, normally you would assert the corporate veil and allege that you are not personally liable. But in this case it comes down to the validity of your personal guarantee.

Have you made any discovery requests of your own?

[censport]

Have you made any discovery requests of your own?

I have requested interrogatories, production of documents and admissions. I have received the admissions where they denied most everything.I am awaiting the other two from the plaintiff which are past due. I sent a friendly reminder. I provided some details above re my requests.