Requests like "Admit that everything in this deposition transcript is true," is not the kind of request anyone is going to answer, or a judge is going to make you answer. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Admit or deny that Defendant was found guilty of the charge of [TRAFFIC OFFENSE]. Furthermore, any statement that plaintiff will produce any or all documents in response to any request for production does not constitute a respresentation or admission that plaintiff possesses such documents, or that such documents exist at all. 3 0 obj Serv. On the 15th day I filed a motion to compel discovery and the very next day they sent me a response. A contract, agreement, assignment, or other means demonstrating that Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt from Account; 8. A lawyer who cares more about helping his clients more than helping himself. REQUEST FOR ADMISSION REQUEST NO. REQUEST NO. They also didn't want to provide me with a copy of the contract between cap 1 and themselves saying that it was duly burdensome. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. I need a little help on what to do next. Plaintiff has not yet completed it's investigation into this matter and specifically reserves the right to introduce into this action's proceedings any evidence from any source and terstimony from any witness. Admit or deny that Plaintiffs[s] vehicle sustained at least [$ AMOUNT] in damage as a result of the collision made the basis of this lawsuit. My mother was never served and they took their dear sweet time dismissing her from the lawsuit. (NOTE: This Document contains Requests for Admissions) Now comes Defendant, pro se, and pursuant to Rules 33 and 34 of the Ohio Rules of Civil Procedure propounds the following Interrogatories, Request for Production of Documents, and Requests for Admissions to Plaintiff to be answered within twenty-eight (28) days after the date of service. Provide a complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other componenets that contribute to the balance. 1. If you can meet your burden of proof you have a financial incentive to finish this. Request A Free Case Evaluation. I might file another motion to compel or a motion to dismiss because plaintiff can't come up with a thing. Defendant's Requests for Admissions. Check both . Request For Admissions under KSA 60-236 (6-2017). What are Defendants Requests for Production to Plaintiff? COMES NOW, Plaintiff QUAZITIA MARSHALL, as Administrator of the Estate of Juan Antonio Yournet and as the Natural Mother and Legal Guardian of Teaonnie Jahnirah Quanae Yournet and Ty'Juan Antonio Yournet, by and through her counsel of record, and requires Defendant JOHN . The contrasting approach of more reasonable mid-sized insurers. 4. All documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account. Each party to whom this Request is directed, is required to supplement, in the time period allowed, his/her response with respect to any question directly addressed to the identity and location persons having knowledge of discoverable matters and the identity of each person expected to testify and the substance of his/her testimony. Admitted - "push and shove" incident. Control #: US-PI-0193 Instant Download $59.00. Sample requests for admission to the defendant driver in a car accident. Check the box for the type of request you are making. 4. By : One (1) DEFENDANT [PARTY NAME] ("Defendant") , hereby requests Plaintiff [PARTY NAME] answer, under oath, the following First Set of Requests for Admission, pursuant to Code of Civil Procedure section 2033.010., et seq. Section 17.1 of Form Interrogatories should be used to support and back up your Requests for Admission by requiring . 6. If you have not sought legal counsel, consider contacting an attorney today to learn more about your options. Can I put you in my back pocket and take you to court with me if it gets that far??? RFAs often do not receive honest answers with "Deny Deny Deny" defense lawyers. 1. During discovery, the Plaintiff (typically the injured party) and the Defendant (the alleged at-fault party) attempt to uncover as much information about the case as possible. In the state of Oregon you cannot use interrogatories, they all have to be admissions or production of documents. The requests can generally be broken down into a few main categories. Requests for admissions "Written requests for admission . 6. The lesson was learned: we file RFAs in virtually every tort case with our lawsuit along with interrogatories, requests for production of documents, and a deposition notice for the defendant. Insurance carriers are becoming more unreasonable. Who Can File A Wrongful Death Claim In Marietta. Buy now. Were you able to get any where with this? For example, Plaintiff may send Defendant a request for admission that states, Admit that the front of the vehicle you were operating struck the front of the vehicle the Plaintiff was operating on the date of the car crash.. [CCP 2033.010.] Answer - 4 Section 1: Admissions and Denials A Guide to Resources in the Law Library SCOPE: Bibliographic resources relating to admissions and denials in an answer to a complaint. 2. Admit or deny that the charges referred to in the preceding request were for medical expenses and care made necessary by the collision made the basis of this lawsuit. State that they have a lack of information to confirm or deny the statement. 6. One less issue you have to deal with at trial. Another proper use of requests for admission is to follow up critical denials with alternative interrogatories, drafted in light of counsel's answers to requests for admission. SORRY IT'S SO LONG! 6. Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. The following sample requests for admissions shows an example of requests for admission that your personal injury lawyer might send to the driver of the car that caused the car accident. They were just really tough questions to answer. We also have sample responses to requests for admission: Maryland Rule 2-424, which governs admissions of facts and genuineness of documents, provides that the requesting party "may serve one or more written requests to any other party for the admission of the truth of any relevant matters of fact set forth in the request.". 4. Plaintiff states that discovery is ongoing and will continue as long as permitted by statute or stipulation. This sample requests for admission is used in Federal District Court cases and can also be modified for use in Bankruptcy Litigaiton as well. endobj Plaintiff reserves the right to amend this response as further information becomes available. It must relate "to the difficulty which the party will face in proving its case." Was consideration to be a flat fee, or to be on a percentage basis. 26. During the civil procedure, the Defendant must defend themselves against the allegations brought against them. For instance, if the Defendant was driving above the speed limit at the time of the accident and failed to slow down, causing the car accident that injured the Plaintiff, the Defendants speeding could be found as the proximate cause of the accident. 6: Admit that at the time of the subject collision, you were using your cell phone. If the information obtained is still insufficient to admit or deny the statement, they can clear their response with the court, or wait for any following requests. Please provide a copy of the cell phone bill showing calls made and received at the time of . Requests for admission ask these types of questions flat out, so there is no confusion as to each partys opinions of fact. Admit or deny that the [$ AMOUNT] in medical expenses incurred by Plaintiff[s] are in keeping with the usual and customary charges for medical treatment, services, therapy, devices, equipment and medication of the kind received by Plaintiff[s], at the time and in the locality where [he/she/they] received them. 2033.010; Weil and Brown, Cal. In an injury case, you may see a requesting materials like this: All photos, videotapes, diagrams, plats, and other documents illustrating persons, places, products and tangible things concerning this occurrence, or that are relevant to the subject matter involved in this lawsuit.. Founder Ryan Strickland started this firm focused on representing only individuals in their disputes with financial institutions and insurance companies. If the responding party partially denies a statement, they must specify which part of the matter is admitted and which part is denied. 11 ways insurers stonewall personal injury claimants. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use. 3. As further proof The arbitrators know that if they are fair and impartial the number of referrals will shrink. 0272802460101017, issued by State Farm with liability limits of $300,000.00 per person at the time of the collision. . I made the change you suggested. 6 Defendant's Request for Admission No. Transcripts or recordings of all depositions of corporate designees for SAIA given in the past five years in cases where it was alleged that a driver working for SAIA caused injury or death to another person. Will the doctors, hospitals and other medical facilities wait for payment if I am unable to pay my bills as they are incurred? So he denied most of the requests and provided no real information to avoid making strategic commitments. All documents purporting to show that the debt was assigned to plaintiff for consideration, as alleged, and what that consideration was, including documents identifying the specific account at issue in this action. Will someone please take the time to read this over before I send it and the Plaintiff, aka slimy lawyer representing JDB, in this suit. At trial, you have as much chance to win as the facts, the law and your abilities bring to bear. 1. 11777 San Vicente Blvd., Suite 702 Los Angeles, California 90049 [DEFENDANT(S)] Tel: 310.651.8685 Fax: 310.651.8681 SELARZ LAW CORP. DANIEL E. SELARZ (State Bar No. Admit you were traveling too fast for the weather conditions. 32. Available formats: Word | Rich Text . Some of the sample requests for admission that the Plaintiff may send the Defendant include: If you are the Plaintiff in an upcoming personal injury trial, its your attorneys responsibility to outline and send these questions to the individual who harmed you. The cardholder agreement for GE Money Bank. It is rare for appeals to be upheld at this stage, but do not worry, as there is a second stage the IAP must consider. Request - C-1168-86-D FORD MOTOR COMPANYS REQUEST FOR ADMISSION TO THE HANKOOK TIRE MFG CO LTD & HANKOOK TIRE AMERICA CORP, FILED July 05, 1988. Plaintiff objects generally to each and every request in defendants requests for production to the extent that those requests seek information protected from disclosure by the attorney-client priviledge. When requests for admission are served with the initial complaint, rules of civil procedure determine the responding party has 45 days to submit a written answer. Kajko, Weisman & Colasanti LLP, Lexington All DOCUMENTS relating to any communications between Plaintiff and Defendant with respect to the alleged Account; 15. 1. Also provide details of the consideration exchanged. 4. A copy of SAIA'S accident register maintained as required by 49 CFR 390.35. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant; 13. Requests for admission are written requests sent during the discovery process of a lawsuit. In addition to any objections stated below in it's responses to specific requests for production, plaintiff objects generally as follows to each and every request in defendant's request. I know it's long so I appreciate the time it takes to read it, but I want to get my damn point across to these morons that I'm here to play ball, and I will make sure they strike out "Admit or deny that there is no written agreement between the Defendant and Plaintiff regarding this debt. Games insurers play in wrongfully denying claims. Admit or deny that Defendant [DESCRIBE NEGLIGENT ACT OR OMISSION] at the time of the collision made the basis of this lawsuit. lol So if I ask those admissions am I leaving myself wide open? P. 36(b), the Maryland Court of Special Appeals has found that admission that would otherwise "result from a failure to make timely answers should be avoided when to do so will aid in the presentation of the merits of the action and will not prejudice the party who made the request.". Contract Request For Sample Of Breach Admissions. You may have heard that depositions are the driving force of a personal injury lawsuits discovery process. consists of attorneys, including M. Lamber and G. Goodnow, who are directors and/or employees of Fennemore Craig, P.C. Prac. How To Fill Out Defendant's Request For Admissions Personal Injury? The Account is the subject of this Action. As set forth in the correspondence dated March 3, 1999 from Michael S. Spector to Kelly A. Clement, Plaintiff objects to the production of those . 10: Admit that you owe plaintiff some amount greater than one U. S. cent as a result of the accident in question. Stage 1. Rather, it means that such documents will be produced or reviewed if any such documents are found in the course of a diligent search by defendant.UMMMM, YOU BASICALLY JUST SAID YOU HAD NOTHING AND NOW YOU WANT ME TO PRODUCE IT??? Plaintiff objects generally to defendants request for production to the extent that they seek to require disclosure of any confidential information. defendant's request for admissions personal injury. A lot of attorneys rely on templates or exemplars when preparing discovery requests in their personal injury cases. Below are sample requests for admission in motor vehicle, medical malpractice, and other tort claims. 11: Admit that it is your contention that the Plaintiff was not injured when you . 4. So, if the opposing party admits to driving above the speed limit at the time of the accident, the court considers that statement a fact. Under the authority of ORCP 45, Defendant requests that the Plaintiff admit to the following points of fact within thirty (30) days of service of these requests. DEFINED TERMS: The following terms in bold font carry specific meanings that will be used throughout this document. All copies of charges slips signed by defendant, with the original creditor. For that reason they'd have to prove up their claim and if they couldn't then I'd collect my costs. Admit or deny that as of [DATE OF REQUESTS FOR ADMISSIONS], Plaintiff[s] [has/have] incurred medical expenses in the amount of [$ AMOUNT] for prescription medication provided by [NAME OF PHARMACY OR OTHER MEDICATION PROVIDER] as a result of the injuries [he/she/they] suffered in the collision made the basis of this lawsuit. YOU ROCK! I'm Ed Smith, a Sacramento Personal Injury Attorney. Documentation showing the date this account went into default. Admit or deny that Defendant and/or his/her insurer paid [$ AMOUNT] to Plaintiff[s] for repair of their vehicle. Plaintiff purchases charged-off debts for not more than 6 cents on the dollar. G. Goodnow is licensed in Arizona, Colorado, Illinois, New York and Washington D.C. (inactive) only. If you have any materials that fit this description, you and your experienced Marietta personal injury attorneys at The Strickland Firm will copy them and provide those copies to the other side (as required by law). This is the Alleged current balance owing on the account. Thanks! You need to be the lawyer that keeps the pedal on the floor and pushes for a real answer to the sought admission. Rather, it means that such documents will be produced or reviewed if any such documents are found in the course of a diligent search by defendant. Admit that your actions were the sole cause of the car crash. 7: Admit that within 15 minutes of the subject collision, you were using your cell phone. 8. A claimant's attorney should serve a request for production seeking all surveillance records, including video tapes, audio tapes,4 photographs, and Any and all further documents that you believe establish that Defendant had an outstanding debt related to alleged Account; 11. What insurance adjusters look for in evaluating claims. Wow thanks so much! REQUEST NO. 7. plaintiffs' original petition and request for disclosure - page 1 of 35 cause no. YOU WANT ME TO DO A DILIGENT SEARCH FOR SAID DOCUMENTS AND PRODUCE THEM FOR YOU TO REVIEW??? Provide any communication between Plaintiff and GE Money Bank regarding this account since date of default. But here is one reason why I am filing a motion to dismiss. Requests for admission are written as statements that must be admitted, denied, or objected to by the party that receives them. 9. Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. Requests for admission are short, direct questions and their answers can either admit or deny the opinions of fact. Copy of any and all cell-phone records/bill of Defendant from the day of subject incident. Plaintiffs Attorneys Acct. Requests for admission and interrogatories fall under the same umbrella of discovery. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! 10. Id def recommend Mr. Strickland. Nevertheless, that doesn't mean you yourself can't get a sample to use. This field is for validation purposes and should be left unchanged. 19. Cellphone Use/Texting While Driving Accidents. Admit or deny that [$ AMOUNT] represents the difference in fair market value of Plaintiffs[s] vehicle immediately before and immediately after the collision made the basis of this lawsuit. Defense lawyers have been conditioned to know that most attorneys will not hold their feet to the fire and demand real answers in good faith. By making the accompanying responses and objections to Defendant's requests 2 0 obj request for production amp of documents request for admissions are hereto granville ohio 43023 complaint defendants the parties 1 plaintiff zachary hunt plaintiff was a student at defendant denison university, model interrogatories is a comprehensive set of pre drafted questions covering a variety of In particular, requests for admission are incredibly helpful in uncovering crucial information before either party takes the witness stand. There is no limit to the number of requests unlike the limit of 30 interrogatories. Questions that linger after the completion of depositions and interrogatories can be turned into requests to admit, forcing the other party to clarify the issue before trial. Through the Motion to Withdraw, Defendants ask that they be allowed to withdraw or amend the deemed admissions to Plaintiff's requests for admissions ("Requests for Special Interrogatories; Requests for Production of Documents; Requests for Admission; and . . 7. READ MORE. In reality, the defense already has copies of all of your medical records and bills because, in most cases, the experienced Marietta personal injury attorneys at The Strickland Firm have provided these documents as a part of the Demand Package before the lawsuit was even filed. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. If the account came into possession of the Plaintiff through assigment, the provide the following information regarding the assignment: a) The identity of the assignor and their address; The identity of the indivdual making this assigment and any materials authorizing them to do so (ex. DEFENDANT BASTROP COUNTY, TEXAS DEFENDANT'S REQUEST FOR PRODUCTION TO PLAINTIFF TO: Plaintiff COUNTY OF BASTROP ET AL, c/o alleged attorney of record one Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. 2. Defendant Manning had no other auto insurance policy for any other vehicles at the time of the car . A lot of attorneys rely on templates or exemplars when preparing discovery requests in their personal injury cases. is a sample document related to a specific set of facts and circumstances and should not be used or relied upon for any personal injury matter . Admit that you were driving a 2018 Ford with Arizona motor vehicle tags on the date of the car crash. 1.Admit that you do not have a written agreement or contract, signed by Defendant, between the Defendant and the Original Creditor. Any further documentation, beyond what has been previously requested, that clearly establishes Defendants liability and/or responsibility to the alleged debt; 12. If you're rusty on jury instructions or your career prohibits your spending the requisite time then consider filing a settlement offer. As a starting point, our law firm also uses RFAs to confirm that there are no issues as to the genuineness of any documents. All rights reserved. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. They answered my production with the answers stated above, which I have a motion to compel against right now, but Oregon law states under ORCP 45B that failure to serve a written answers or objection within the time allowed will result in an admission of the following requests. Each request must be consecutively . files their Response to Request for Admissions, served by the Defendant, THE TGI FRIDAY'S INC., on XX, 20__. Admit or deny the Plaintiff purchased the account, and if so, identify the seller. and Towson; Carroll County including Westminster; Frederick County including Frederick; Harford County including Abingdon, Bel Air, Belcamp, and Forest Hill; Montgomery County including Germantown and Rockville; Howard County including Ellicott City and Columbia, Washington, D.C. and Washington County including Hagerstown. lol. The original lawsuit had myself and my mother listed on it as co-defendants. When it comes to drafting a legal document, it is easier to delegate it to the specialists. Code of Civil Procedure 2033.220 titled Completeness of Responses; Reasonable Inquiry requires: (a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits. Defense lawyers, who otherwise love papering us to death, rarely use requests to admit to advance their defense in litigation. Each factual statement will form the burden of proof for your case. Each of the matters of which an admission is requested is admitted unless the Defendant to whom this Request is directed serves upon the . Petition complaining of Defendant The Children's Center, Inc. Plaintiff objects generally to each and every request in defendants requests for production to the extent that those requests seek information containing or reflecting the impressions, conclusions, opinions, legal research or theories of defendants' attorney case-preparation materials, or non-discoverable materials otherwise encompassed by the . Documentation relevant to the assignment of this account including, but not limited to, a) The identity of the assignor and their address; The identity of the individual making this assignment and any materials authorizing them to do so (ex. Florida Rule of Civil Procedure 1.340 - Interrogatories to Parties - provides that a party may serve on any other party written interrogatories. One way for an individual to stand up for themselves in court is to send requests for admission to the Plaintiff. Requests for admissions may be used to (1) establish the truth of specified facts, (2) admit a legal conclusion, (3) determine a party's opinion relating to a fact, (4) settle a matter in controversy, and (5) admit the genuineness of documents. Why won't the insurance company for the person or company who caused my injuries automatically pay my medical bills as they occur? So the Plaintiff in my case finally decided to answer my request for production, but failed to answer my request for admissions I might add, and what a JOKE!!! The answers to these requests shall include knowledge of the parties to whom this Request is directed, their attorneys, all agents, servants, representatives, investigators and others who may have obtained information on behalf of those parties or their attorneys. For example, if the Defendant denies admission request 1 above, the contention interrogatory can ask them to name all: . Requests for admission are not about providing details. Here are the requests I made and answers (Plaintiff's answers in red) below. 5. Admit or deny that Defendant failed to pay proper attention to traffic conditions immediately prior to the collision made the basis of this lawsuit. 38. So if the defendant ignores your requests for admission, a court may find the requests are deemed admitted. This form is a sample plaintiff's request for admissions submitted to defendant regarding certain issues stemming from an automobile accident. This position is REMOTE after training in Novato Essential Duties: Prepare written responses to civil pre-trial discovery for asbestos personal injury cases. 9. provide parties with a method by which admissions of facts may be obtained and used in support of, or in opposition to, summary judgment motions or at trial." Massachusetts Practice v.49A (Discovery), s. 10:1. 602-ARIZONA (602-274-9662) 2394 E Camelback Rd #600 Phoenix, AZ 85016 602-274-9662 0, 303-800-8888 1700 Lincoln Street #2400 Denver, CO 80203, 702-625-7777 300 S. 4th Street #1400 Las Vegas, NV 89101, 520-394-4733 420 West Mariposa Road, Suite 200 Nogales, AZ 85621, 520-477-7777 1 S Church Ave #1000 Tucson, AZ 85710, 312-757-7777 141 West Jackson Boulevard #4219 Chicago, IL 60604, 775-386-6155 300 E. 2nd Street Reno, NV 89501. Such an attempt exceeds that scope of allowable discovery. All original books and records of the plaintiff referenced in the affidavit attached to plaintiffs complaint, and/or referred to or relied on by the individual who signed the affidavit. However, there are some clear differences between the two. For instance, the responding party may partially deny a statement that accuses them of reckless driving if they were only driving 5 miles above the posted speed limit at the time of the accident. . Some will do no written discovery or only Form Interrogatories prior to noticing the defendant's deposition. However, the defense will serve this request just to be sure that we have provided all of your treatment records and to confirm whether or not you have treated any more since the time of the Demand Package. poochon puppies for sale in nebraska; Tags . I answered the complaint (which never had any documentation or exhibits attached), answered their request for admissions and production, did everything I needed to do. Documentation showing how the Plaintiff acquired this account, including but not limited to, a) the previous owner or owners of this account; the acquisition price of this account; c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration the a broker received with respect to the sale. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. . (INSTRUCTIONS REMOVED DUE TO LENGTH OF TEXT). Also, if they admit something that isn't factual, how do I get around that? Plaintiff objects generally to each and every request in defendants request for production to the extent that they seek information not relevant to the subject matter of this action or reasonably calculated to lead to the discovery of admissible evidence as required by the applicable rules. Any advice or comments on this will be most welcomed! Requests can pertain to any matter within the scope of the discovery process. Furthermore, any statement that plaintiff will produce any or all documents in response to any request for production does not constitute a respresentation or admission that plaintiff possesses such documents, or that such documents exist at all. Plaintiff is not a savings and loan association. 5. 8. 287555) dselarz@selarzlaw.com . 1: Please admit that Plaintiff's medical care and bills, as claimed are related to the injuries suffered in the accident that is the basis for this lawsuit, were reasonable and necessary. SEE ALSO: Default Motions and Judgments (Research Guide) DEFINITIONS: "The defendant in the answer shall specially deny such allegations of the complaint as the defendant who intends to If you have a valid counter plead it out and take your chances before a jury. 1.The alleged credit application from Account bearing the Defendants signature; 2.The alleged credit agreement from Account that states interest rate, grace period, terms of repayment, et cetera; 3.Itemized statements or credit card statements from Account that demonstrate how the alleged amount of $1,650.02 was calculated; 4.A contract, agreement, assignment, or other means demonstrating that Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt from Account; 5.Letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt, Account; 6.A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally; 7.Any and all further documents that you believe establish that Defendant had an outstanding debt related to alleged Account; 8.Any further documentation, beyond what has been previously requested, that clearly establishes Defendants liability and/or responsibility to the alleged debt; 9.Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant; 10.Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or Account; 11.All DOCUMENTS relating to any communications between Plaintiff and Defendant with respect to the alleged Account; 12.All DOCUMENTS relating to any communications between Plaintiff and Original Creditor with respect to the alleged Account; 13.All copies of charges slips signed by defendant, with the original creditor.
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