# Requests for Admission — California Debt-Buyer Discovery Bank

A pre-built bank of Requests for Admission under CCP § 2033.010
et seq. to lock in foundational facts in a typical California
debt-buyer case.

> **NOT LEGAL ADVICE.** Adapt to your case.

## Format

Use these as Defendant's First Set of Requests for Admission
under CCP § 2033.010 et seq. Serve on plaintiff per CCP § 1013
(service by mail).

**Response is due 30 days** after service (CCP § 2033.250).
**Failure to respond → deemed admitted** under CCP § 2033.280.

**Motion to compel further responses**: 45 days from service
of responses (CCP § 2033.290(b)). Hard deadline — calendar
immediately.

Each request should be **a single, simple fact**. Compound
RFAs invite partial denials and hedged responses.

## Plaintiff's corporate form

**REQUEST FOR ADMISSION NO. 1**:

> Admit that Plaintiff [LVNV Funding, LLC] is a Delaware
> limited liability company.

**REQUEST FOR ADMISSION NO. 2**:

> Admit that Plaintiff's principal place of business is
> located outside the State of California.

**REQUEST FOR ADMISSION NO. 3**:

> Admit that Plaintiff is registered to do business in
> California as a foreign limited liability company with
> the California Secretary of State.

## CDCLA licensing

**REQUEST FOR ADMISSION NO. 4**:

> Admit that Plaintiff is a "debt buyer" within the meaning
> of Cal. Fin. Code, § 100001(c), in that Plaintiff regularly
> purchases portfolios of defaulted consumer debt for
> collection purposes.

**REQUEST FOR ADMISSION NO. 5**:

> Admit that Plaintiff is required to obtain a license from
> the California Department of Financial Protection and
> Innovation before engaging in debt-collection activity in
> California, pursuant to Cal. Fin. Code, § 100002.

**REQUEST FOR ADMISSION NO. 6**:

> Admit that Plaintiff held a valid, active license from
> the California Department of Financial Protection and
> Innovation as of the date Plaintiff filed this action.

**REQUEST FOR ADMISSION NO. 7**:

> Admit that Plaintiff's DFPI license has been continuously
> maintained in active status from [date ACCOUNT acquired]
> to the present.

## Account specifics

**REQUEST FOR ADMISSION NO. 8**:

> Admit that the Account ending in [4 digits] was
> originally opened with [Original Creditor].

**REQUEST FOR ADMISSION NO. 9**:

> Admit that the Account was a consumer credit-card account
> opened by Defendant for personal, family, or household
> purposes.

**REQUEST FOR ADMISSION NO. 10**:

> Admit that the Account was charged off by the Original
> Creditor on or about [charge-off date].

**REQUEST FOR ADMISSION NO. 11**:

> Admit that the most recent payment by Defendant on the
> Account was made on or about [date of last payment].

**REQUEST FOR ADMISSION NO. 12**:

> Admit that more than four (4) years elapsed between the
> last payment by Defendant on the Account and the date
> Plaintiff filed this action.

## Chain of title

**REQUEST FOR ADMISSION NO. 13**:

> Admit that Plaintiff is not the Original Creditor of
> the Account.

**REQUEST FOR ADMISSION NO. 14**:

> Admit that Plaintiff acquired the Account through a
> purchase from a debt buyer or debt seller that was not
> the Original Creditor.

**REQUEST FOR ADMISSION NO. 15**:

> Admit that there was at least one intermediate debt-buyer
> transfer of the Account between the Original Creditor
> and Plaintiff (i.e., the Account was sold at least twice
> before reaching Plaintiff).

**REQUEST FOR ADMISSION NO. 16**:

> Admit that Plaintiff does not have personal knowledge of
> the Original Creditor's regular practices for creating
> and maintaining records of the Account.

**REQUEST FOR ADMISSION NO. 17**:

> Admit that Plaintiff does not have a custodian or other
> qualified witness from the Original Creditor available
> to testify at trial regarding the Original Creditor's
> record-keeping practices with respect to the Account.

**REQUEST FOR ADMISSION NO. 18**:

> Admit that the only authentication of the Original
> Creditor's records that Plaintiff intends to offer at
> trial is a declaration from Plaintiff's own employee
> or agent.

## FDBPA compliance

**REQUEST FOR ADMISSION NO. 19**:

> Admit that before filing this action, Plaintiff had in
> its possession all documentation required by Cal. Civ.
> Code, § 1788.52, including documentation of the chain
> of title from the Original Creditor to Plaintiff.

**REQUEST FOR ADMISSION NO. 20**:

> Admit that Plaintiff sent Defendant a written notice
> before filing this action as required by Cal. Civ. Code,
> § 1788.60.

**REQUEST FOR ADMISSION NO. 21**:

> Admit that Plaintiff's Complaint includes all allegations
> required by Cal. Civ. Code, § 1788.58, including the
> date of charge-off, the balance at charge-off, the date
> of last payment, and the chain of ownership from the
> Original Creditor to Plaintiff.

## Validation notice (FDCPA / Reg F)

**REQUEST FOR ADMISSION NO. 22**:

> Admit that Plaintiff sent Defendant a validation notice
> complying with 15 U.S.C. § 1692g(a) and 12 CFR § 1006.34
> before or within 5 days of its initial communication
> with Defendant regarding the Account.

**REQUEST FOR ADMISSION NO. 23**:

> Admit that the validation notice sent by Plaintiff (or
> its agent) to Defendant included all information required
> by 12 CFR § 1006.34(b), including the itemization-date
> information required by § 1006.34(c)(2)(viii).

## Statute of limitations (to be adapted based on facts)

**REQUEST FOR ADMISSION NO. 24**:

> Admit that Plaintiff possesses no document signed by
> Defendant constituting a written acknowledgment of the
> Account within four (4) years before Plaintiff filed
> this action.

**REQUEST FOR ADMISSION NO. 25**:

> Admit that Plaintiff possesses no record of a voluntary
> partial payment by Defendant on the Account within four
> (4) years before Plaintiff filed this action.

## Communications (for Reg F / Rosenthal Act counterclaims)

**REQUEST FOR ADMISSION NO. 26**:

> Admit that Plaintiff, or any agent of Plaintiff,
> communicated with Defendant by telephone more than 7
> times in any 7-consecutive-calendar-day period between
> [date 1] and [date 2].

**REQUEST FOR ADMISSION NO. 27**:

> Admit that Plaintiff, or any agent of Plaintiff,
> continued to communicate with Defendant about the
> Account after Defendant had requested in writing that
> Plaintiff cease all collection communications.

## Net worth (for punitive damages / UCL)

**REQUEST FOR ADMISSION NO. 28**:

> Admit that Plaintiff's net worth exceeds $1,000,000 as
> of the date of this Request.

## Strategic deployment

### Phase 1: First wave (RFAs 1–12)

Corporate form, DFPI licensing, basic account facts.
Most should be admitted; the DFPI licensing requests (4–7)
may be denied or hedged — that is where the CDCLA defense
develops.

RFA No. 12 is key: if plaintiff admits the last payment was
more than 4 years before suit was filed, the SOL defense
is established.

### Phase 2: Chain of title (RFAs 13–18)

Force plaintiff to admit:
- It is not the original creditor
- There were multiple transfers
- Its own custodian has no knowledge of OC record-keeping
- Its authentication evidence is limited to its own
  declarations

If plaintiff admits RFAs 16–18 (or fails to respond), the
Cal. Evid. Code § 1271 foundation problem is essentially
conceded.

### Phase 3: FDBPA compliance (RFAs 19–21)

FDBPA is self-enforcing: if plaintiff cannot admit it had
required documentation before filing, that is a FDBPA
violation and a complete defense.

### Phase 4: Counterclaim development (RFAs 22–28)

Validation notice, call frequency, SOL revival, net worth —
for the counterclaim case.

## What to do with the responses

**Admitted**: Lock the admission into case theory; cite
it in subsequent motions, summary judgment, and at trial.
CCP § 2033.410 — admissions are conclusively established
unless withdrawal is permitted.

**Denied or hedged**: Follow up with targeted RFPs for the
underlying documents; alternatively, prove the fact at trial.

**Objection only**: The objection does not relieve plaintiff
of the obligation to respond — it must also admit or deny
(CCP § 2033.220). Move to compel a complete response.

**No response by 30-day deadline**: Deemed admitted under
CCP § 2033.280. File a Notice of Deemed Admissions. Rely
on the deemed admissions as if they were written admissions.
(Plaintiff may move to withdraw under § 2033.300 — oppose
on prejudice grounds.)

## Common pitfalls

| Pitfall | Consequence |
|---------|-------------|
| Compound RFA | Partial denials; harder to use at trial |
| RFA about a legal conclusion | Plaintiff can refuse to admit |
| Vague terms | Plaintiff can deny on vagueness grounds |
| Missing the 30-day default deadline | Miss the deemed-admission opportunity |
| Not following up on hedged responses | Fail to develop the record |

## Cross-references

- `ca-consumer-debt` SKILL — main bundle
- `ca-discovery` SKILL — discovery framework
- `references/rfp-debt-buyer.md` — companion RFPs
- `references/fact-patterns.md` — strategic deployment
- `ca-law-references/references/civil-rules.md` — CCP § 2033