# Requests for Admission — Debt-Buyer Case

RFAs are the sharpest discovery tool: if not answered within 30 days,
they are **deemed admitted** under CR 36(a) / CRLJ 36(a). An admission
(deemed or actual) is conclusively established for the case — no
contrary evidence can be offered.

Use RFAs to:

- **Narrow issues** — eliminate disputed facts that are actually easy
- **Lock in admissions** on weak points in the plaintiff's case
- **Create automatic admissions** by deadline if plaintiff is
  disorganized

## Format

```
[COURT HEADER AND CAPTION]

      [DEFENDANT'S] FIRST REQUESTS FOR ADMISSION
                    TO [PLAINTIFF]

TO:    [Plaintiff]
AND TO: [Counsel of record]

Pursuant to CR 36 / CRLJ 36, [Defendant] requests that [Plaintiff]
admit or deny the following matters within 30 days of service.

NOTICE: A matter is deemed admitted if You fail to serve a written
answer or objection within 30 days (CR 36(a)). If You object, state
the specific basis. If You deny, the denial must fairly meet the
substance of the matter.

                  DEFINITIONS

[Same definitions as in RFPs — maintain consistency]

                   REQUESTS

REQUEST NO. 1:  Admit that You do not possess the original signed
cardholder agreement between Defendant and Original Creditor.

REQUEST NO. 2:  Admit that the bill of sale transferring the Account
from Original Creditor to [first purchaser] does not identify
Defendant's Account by account number or name in the body of the
document.

REQUEST NO. 3:  Admit that You do not possess monthly statements
issued by Original Creditor to Defendant for every month from
origination to Charge-Off.

REQUEST NO. 4:  Admit that no employee of Yours has personal
knowledge of how Original Creditor created or maintained records
of the Account.

REQUEST NO. 5:  Admit that Original Creditor has not represented or
warranted the accuracy of the Account records to You.

REQUEST NO. 6:  Admit that no representative of Original Creditor
will be called as a witness by You in this matter.

REQUEST NO. 7:  Admit that the Account was charged off more than
[6 / 3] years before the date You filed the Complaint in this action.

REQUEST NO. 8:  Admit that the cardholder agreement between Original
Creditor and Defendant provided for a contractual rate of interest
of [X]% per annum, and not the rate You claim in the Complaint.

REQUEST NO. 9:  Admit that the amount You seek in the Complaint
includes interest, fees, or charges that are not expressly authorized
by the cardholder agreement.

REQUEST NO. 10:  Admit that Defendant disputed the Account in writing
within 30 days of receiving the initial collection communication from
You, pursuant to 15 U.S.C. § 1692g.

REQUEST NO. 11:  Admit that You continued collection activity on the
Account after receiving Defendant's written dispute and before
providing verification of the debt.

REQUEST NO. 12:  Admit that You have reported the Account to one or
more credit reporting agencies without noting the dispute.

REQUEST NO. 13:  Admit that You are a "debt collector" within the
meaning of 15 U.S.C. § 1692a(6).

REQUEST NO. 14:  Admit that You are a "collection agency" within the
meaning of RCW 19.16.100 and required to be licensed under RCW
19.16.110.

REQUEST NO. 15:  Admit that You have no documents establishing that
Defendant made any payment on the Account within the [6 / 3] years
before the date You filed the Complaint.

DATED this ___ day of __________, 20__.

____________________________________
[Defendant Name], pro se
[Address]
[Email]
```

## Response rules (CR 36(a) / CRLJ 36(a))

Plaintiff must within 30 days:

- **Admit**,
- **Deny**, or
- State that **after reasonable inquiry, the matter cannot be
  admitted or denied** (with specifics about the inquiry), or
- **Object** (with basis)

Anything else — including silence — results in **deemed admission**.

## If plaintiff objects

Move to **determine the sufficiency** under CR 36(a)(6). The court
may:

- Order the answer treated as admitted, or
- Order an amended answer

## If the answer is evasive

- "Denied on information and belief" — insufficient; the rule requires
  inquiry
- "Denied as stated" without meeting the substance — insufficient
- An incomplete answer is treated as a failure to answer (CR 36(a))

## Withdrawal or amendment of admission

CR 36(b) — the court may permit withdrawal or amendment on motion if
it subserves the merits and the requesting party will not be
prejudiced. This is a high bar; once admitted, it's hard to undo.

## Strategic uses

### Narrow the case for SJ

If RFAs are admitted (or deemed), you can move for summary judgment
on the admitted facts. Example: if RFAs 1, 3, and 4 are admitted,
plaintiff cannot lay ER 803(a)(6) foundation for any records — move
for SJ on standing.

### Force a discovery motion

If plaintiff refuses to answer substantively, meet and confer, then
move under CR 37(a) / CR 36(a)(6).

### Build the FDCPA / CPA counterclaim

RFAs 10–13 establish elements of an FDCPA claim. Admissions on these
make summary judgment on the counterclaim straightforward.

## Timing discipline

- **Calendar the 30-day deadline** (plus 3 days for mail service)
  the moment you serve
- If the plaintiff misses the deadline, **send a deficiency letter**
  within 7 days citing deemed admission
- **Preserve the deemed admission** by citing it in subsequent
  filings — if you do not, a court may allow a late response

## Notes

- Limit the number — a tight 15-request RFA set is more effective
  than 50 requests; plaintiff can more easily object to overbreadth
- Pair each RFA with a related IROG where helpful (e.g., RFA 3 about
  non-possession, IROG asking to identify all monthly statements in
  plaintiff's possession)
- Do not use RFAs as depositions — they should be **yes/no** admissions
  on specific facts