# Requests for Admission — Debt-Buyer Discovery Bank (Oregon)

A pre-built bank of Requests for Admission under ORCP 45 to
lock in foundational facts in a typical Oregon debt-buyer
case.

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

## Format

Use these as Defendant's First Requests for Admission under
ORCP 45. Serve on plaintiff per ORCP 9.

Response is due **30 days** (45 if served with summons).
**Failure to respond → deemed admitted** under ORCP 45 B.

Each request should be **a single, simple fact**. Compound
RFAs get partial denials; single-fact RFAs get clean answers.

## Plaintiff's corporate form

**REQUEST FOR ADMISSION NO. 1**:

> Admit that Plaintiff [Velocity Investments, LLC] is a
> Delaware limited liability company.

**REQUEST FOR ADMISSION NO. 2**:

> Admit that Plaintiff's principal place of business is in
> [state of HQ].

**REQUEST FOR ADMISSION NO. 3**:

> Admit that Plaintiff is registered to do business in
> Oregon as a foreign LLC under ORS 63.700.

## ORS 697 registration

**REQUEST FOR ADMISSION NO. 4**:

> Admit that Plaintiff is a "collection agency" as defined
> in ORS 697.005.

**REQUEST FOR ADMISSION NO. 5**:

> Admit that Plaintiff is required to register with the
> Oregon Department of Consumer and Business Services as a
> collection agency under ORS 697.015 to collect debts in
> Oregon.

**REQUEST FOR ADMISSION NO. 6**:

> Admit that Plaintiff was registered with the Oregon
> Department of Consumer and Business Services as a
> collection agency as of [date of filing the Complaint].

**REQUEST FOR ADMISSION NO. 7**:

> Admit that Plaintiff's registration with the Oregon
> Department of Consumer and Business Services has been
> continuously maintained from [date Plaintiff acquired the
> ACCOUNT] to the present.

## Account specifics

**REQUEST FOR ADMISSION NO. 8**:

> Admit that the Account number ending in [4 digits] was
> originally opened with Bank of America.

**REQUEST FOR ADMISSION NO. 9**:

> Admit that the Account was a consumer credit-card account
> opened 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 [date of charge-off].

**REQUEST FOR ADMISSION NO. 11**:

> Admit that the most recent payment by Defendant on the
> Account was on [date], in the amount of [$amount].

## Chain of title

**REQUEST FOR ADMISSION NO. 12**:

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

**REQUEST FOR ADMISSION NO. 13**:

> Admit that Plaintiff acquired the Account through a
> purchase from [identified seller / debt-pool] on or about
> [date of purchase].

**REQUEST FOR ADMISSION NO. 14**:

> Admit that there is a [number] of intermediate debt-buyer
> transfers between Bank of America and Plaintiff (i.e., the
> Account was sold [N] times before reaching Plaintiff).

**REQUEST FOR ADMISSION NO. 15**:

> Admit that Plaintiff does not have personal knowledge of
> Bank of America's regular practices for maintaining
> account records.

**REQUEST FOR ADMISSION NO. 16**:

> Admit that Plaintiff does not have a custodian or other
> qualified witness from Bank of America who can attest, in
> accordance with OEC 803(6), to the regular practices of
> Bank of America in maintaining records of the Account.

**REQUEST FOR ADMISSION NO. 17**:

> Admit that the only authentication of Bank of America's
> records that Plaintiff intends to rely on at trial is a
> declaration from Plaintiff's own employee or contractor.

## Statute of limitations

**REQUEST FOR ADMISSION NO. 18**:

> Admit that the most recent payment by Defendant on the
> Account was made on a date that is more than 6 years
> before the date this action was filed.

**REQUEST FOR ADMISSION NO. 19**:

> Admit that Plaintiff possesses no document constituting a
> written promise to pay by Defendant on the Account dated
> within the 6 years before this action was filed.

## Validation notice (FDCPA / Reg F)

**REQUEST FOR ADMISSION NO. 20**:

> Admit that Plaintiff sent a validation notice to Defendant
> regarding the Account complying with 15 USC § 1692g(a)
> and 12 CFR § 1006.34(b).

**REQUEST FOR ADMISSION NO. 21**:

> Admit that Plaintiff's validation notice to Defendant did
> not include the itemization-date information required by
> 12 CFR § 1006.34(c)(2)(viii).

## Communications / 7-in-7

**REQUEST FOR ADMISSION NO. 22**:

> Admit that Plaintiff (directly or through its agents)
> communicated with Defendant by telephone more than 7 times
> in any 7-day period from [date 1] to [date 2].

## Net worth (for punitive damages)

**REQUEST FOR ADMISSION NO. 23**:

> Admit that Plaintiff has net worth exceeding $1,000,000
> as of the date of this Request.

## Strategic deployment

### Phase 1: First wave (RFAs 1–11)

Plaintiff's corporate form, registration, basic account facts.
Most should be admitted (uncontroversial); the ORS 697
registration ones may be denied or hedged — that's where the
defense develops.

### Phase 2: Chain of title (RFAs 12–17)

Force plaintiff to admit that:

- It is not the original creditor
- It acquired through multiple debt-buyer transfers
- Its custodian has no personal knowledge of BofA's records
- Its only authentication is its own declaration

If plaintiff admits these (or fails to respond), the OEC
803(6) / 902(11) foundation problem is essentially conceded.

### Phase 3: SOL (RFAs 18–19)

Lock in the SOL defense. If plaintiff admits No. 18 (last
payment > 6 years before suit), the SOL is dispositive.

### Phase 4: Counterclaim development (RFAs 20–23)

Validation notice, communications, net worth — for the
counterclaim case and punitive-damages prosecution.

## Plaintiff response options under ORCP 45

For each RFA, plaintiff must:

- **Admit**
- **Deny**
- **State inability to admit or deny** with specifics — but
  this requires a reasonable inquiry

Compound denials, evasive responses, or general "denied"
without specifics are subject to motion under ORCP 45 / 46.

## What to do with the responses

If admitted: lock the admission into your case theory; cite
it in subsequent motions and at trial.

If denied or hedged: prepare to prove the fact at trial OR
follow up with RFPs targeting the gap.

If plaintiff fails to respond by the 30-day deadline: the
RFAs are **deemed admitted** under ORCP 45 B. File a Notice
of the deemed admission and rely on it as if a written
admission.

If plaintiff seeks to withdraw an admission under ORCP 45 C:
respond with the "presentation of merits subserved" /
"prejudice to requesting party" analysis. Withdrawal is rare
in practice.

## Common pitfalls

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

## Cross-references

- `or-consumer-debt` SKILL — main bundle
- `or-discovery` SKILL — discovery framework
- `references/rfp-debt-buyer.md` — companion RFPs
- `references/fact-patterns.md` — strategic deployment
- `or-discovery/references/objection-responses.md` —
  evaluating plaintiff's responses
- `or-law-references/references/civil-rules.md` — ORCP 45
  verbatim