On November 03, 2020 a
Answer
was filed
involving a dispute between
American Express National Bank,
and
Ephraim, James,
for Contract - Consumer/Commercial/Debt
in the District Court of Fort Bend County.
Preview
Cause No. 20-DCV-278179
AMERICAN EXPRESS NATIONAL IN THE DISTRICT
BANK,
Plaintiff
COURT OF
JAMES EPHRAIM, FORT BEND COUNTY, TEXAS
Defendant.
PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUESTS FOR ADMISSIONS
TO: AMES EPHRAIM, Defendant, by and through Defendant’s attorney of record,
KELVINA WILEY, 4265 SAN FELIPE ST., SUITE 1100, HOUSTON, TX 77027.
AMERICAN EXPRESS BANK, Plaintiff, responds as follows to Defendant’s Requests for
Admissions.
REQUEST FOR ADMISSIONS NUMBER 1: Admit that you did not provide any Goods or
Services to the defendant.
RESPONSE: Deny.
REQUEST FOR ADMISSIONS NUMBER 2: Admit that the original card issuer did not
provide any Goods or Services to the defendant.
RESPONSE: Plaintiff objects to this Request as it is the original card issuer. Without waiving
the foregoing objection, Plaintiff denies this equest.
REQUEST FOR ADMISSIONS NUMBER 3: Admit that the terms of the account are
governed by an express contract.
RESPONSE: Admit.
REQUEST FOR ADMISSIONS NUMBER 4: Admit that the full amount of the damages you
seek in this lawsuit is authorized by an express contract.
RESPONSE: Admit.
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS
REQUEST FOR ADMISSIONS NUMBER 5: Admit that the Defendant has never
acknowledged that anyamount is due on the account.
RESPONSE: Deny.
REQUEST FOR ADMISSIONS NUMBER 6: Admit that the Defendant has never agreed that
any amount is due on the account.
RESPONSE: Deny.
REQUEST FOR ADMISSIONS NUMBER 7: Admit that you do not own the account.
RESPONSE: Deny.
REQUEST FOR ADMISSIONS NUMBER 8: Admit that the defendant last made a payment
to the account more than 2 years prior to the date you filed this lawsuit.
RESPONSE: Plaintiff objects to this Request as irrelevant to the subject matter of this lawsuit as
it is not reasonably calculated to lead to the discovery of admissible evidence. See Tex.R.Civ.P.
192.3(a). Subject to the foregoing objection, Plaintiff cannot admit or deny.
REQUEST FOR ADMISSIONS NUMBER 9: Admit that you have not made demand for
payment on the defendant.
RESPONSE: Deny.
REQUEST FOR ADMISSIONS NUMBER 10: Admit that the defendant did not receive
money or other property from you by means of fraud, duress or by any other unjust means.
RESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to
answer requests for admissions that call for purely legal conclusions, opinions or statements of
subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14 Dist.] 1990,
o writ). Therefore, Plaintiff cannot admit or deny.
REQUEST FOR ADMISSIONS NUMBER 11: Admit that the defendant did not receive
money or other property from the original card issuer by means of fraud, duress or by any other
unjust means.
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS
ESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to
answer requests for admissions that call for purely legal conclusions, opinions or statements of
subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14 Dist.] 1990,
no writ). Therefore, Plaintiff cannot admit or deny.
QUEST FOR ADMISSIONS NUMBER 12: Admit that the defendant did not receive
money or other property from any Assignor by means of fraud, duress or by any other unjust
means.
ESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to
answer requests for admissions that call for purely legal conclusions, opinions or statements of
subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14th Dist.] 1990,
no writ). Therefore, Plaintiff cannot admit or deny.
QUEST FOR ADMISSIONS NUMBER 13: Admit that Texas law governs the substantive
claims you have asserted in this case.
ESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to
answer requests for admissions that call for purely legal conclusions, opinions or statements of
subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14 Dist.] 1990,
no writ). Therefore, Plaintiff cannot admit or deny.
espectfully submitted,
WICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
14090 Southwest Freeway, Suite 408
Sugar Land, Texas 77478
ZATE_Litigation@zwickerpc.com
281-494-0300
281-494-0213 fax
/S/ Chidi Oha
[X] CHIDI A. OHA
State Bar Number 24094877
[ ] JOHNETTA LANG
State Bar Number 24036943
[ ] NICHOLAS PELINI
State Bar Number 24110205
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS
CERTIFICATE OF SERVICE
KELVINA WILEY
4265 SAN ELIPE STE. 1100
HOUSTON, EXAS
KWILEY@WILEYLEGALTX.COM
By: /S/Chidi Oha
[X] CHIDI A. OHA
State Bar Number 24094877
[ ] JOHNETTA LANG
State Bar Number 24036943
[ ] NICHOLAS PELINI
State Bar Number 24110205
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS
Document Filed Date
November 25, 2020
Case Filing Date
November 03, 2020
Category
Contract - Consumer/Commercial/Debt
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Cause No. 20-DCV-278179 AMERICAN EXPRESS NATIONAL IN THE DISTRICT BANK, Plaintiff COURT OF JAMES EPHRAIM, FORT BEND COUNTY, TEXAS Defendant. PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUESTS FOR ADMISSIONS TO: AMES EPHRAIM, Defendant, by and through Defendant’s attorney of record, KELVINA WILEY, 4265 SAN FELIPE ST., SUITE 1100, HOUSTON, TX 77027. AMERICAN EXPRESS BANK, Plaintiff, responds as follows to Defendant’s Requests for Admissions. REQUEST FOR ADMISSIONS NUMBER 1: Admit that you did not provide any Goods or Services to the defendant. RESPONSE: Deny. REQUEST FOR ADMISSIONS NUMBER 2: Admit that the original card issuer did not provide any Goods or Services to the defendant. RESPONSE: Plaintiff objects to this Request as it is the original card issuer. Without waiving the foregoing objection, Plaintiff denies this equest. REQUEST FOR ADMISSIONS NUMBER 3: Admit that the terms of the account are governed by an express contract. RESPONSE: Admit. REQUEST FOR ADMISSIONS NUMBER 4: Admit that the full amount of the damages you seek in this lawsuit is authorized by an express contract. RESPONSE: Admit. AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSIONS NUMBER 5: Admit that the Defendant has never acknowledged that anyamount is due on the account. RESPONSE: Deny. REQUEST FOR ADMISSIONS NUMBER 6: Admit that the Defendant has never agreed that any amount is due on the account. RESPONSE: Deny. REQUEST FOR ADMISSIONS NUMBER 7: Admit that you do not own the account. RESPONSE: Deny. REQUEST FOR ADMISSIONS NUMBER 8: Admit that the defendant last made a payment to the account more than 2 years prior to the date you filed this lawsuit. RESPONSE: Plaintiff objects to this Request as irrelevant to the subject matter of this lawsuit as it is not reasonably calculated to lead to the discovery of admissible evidence. See Tex.R.Civ.P. 192.3(a). Subject to the foregoing objection, Plaintiff cannot admit or deny. REQUEST FOR ADMISSIONS NUMBER 9: Admit that you have not made demand for payment on the defendant. RESPONSE: Deny. REQUEST FOR ADMISSIONS NUMBER 10: Admit that the defendant did not receive money or other property from you by means of fraud, duress or by any other unjust means. RESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to answer requests for admissions that call for purely legal conclusions, opinions or statements of subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14 Dist.] 1990, o writ). Therefore, Plaintiff cannot admit or deny. REQUEST FOR ADMISSIONS NUMBER 11: Admit that the defendant did not receive money or other property from the original card issuer by means of fraud, duress or by any other unjust means. AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS ESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to answer requests for admissions that call for purely legal conclusions, opinions or statements of subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14 Dist.] 1990, no writ). Therefore, Plaintiff cannot admit or deny. QUEST FOR ADMISSIONS NUMBER 12: Admit that the defendant did not receive money or other property from any Assignor by means of fraud, duress or by any other unjust means. ESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to answer requests for admissions that call for purely legal conclusions, opinions or statements of subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14th Dist.] 1990, no writ). Therefore, Plaintiff cannot admit or deny. QUEST FOR ADMISSIONS NUMBER 13: Admit that Texas law governs the substantive claims you have asserted in this case. ESPONSE: Plaintiff objects to this Request on the basis that a party is not compelled to answer requests for admissions that call for purely legal conclusions, opinions or statements of subjective intent. Esparza v. Diaz, 802 S.W.2d 772, 775 (Tex. App. Houston [14 Dist.] 1990, no writ). Therefore, Plaintiff cannot admit or deny. espectfully submitted, WICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection Attorneys for Plaintiff 14090 Southwest Freeway, Suite 408 Sugar Land, Texas 77478 ZATE_Litigation@zwickerpc.com 281-494-0300 281-494-0213 fax /S/ Chidi Oha [X] CHIDI A. OHA State Bar Number 24094877 [ ] JOHNETTA LANG State Bar Number 24036943 [ ] NICHOLAS PELINI State Bar Number 24110205 AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS CERTIFICATE OF SERVICE KELVINA WILEY 4265 SAN ELIPE STE. 1100 HOUSTON, EXAS KWILEY@WILEYLEGALTX.COM By: /S/Chidi Oha [X] CHIDI A. OHA State Bar Number 24094877 [ ] JOHNETTA LANG State Bar Number 24036943 [ ] NICHOLAS PELINI State Bar Number 24110205 AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSE TO REQUESTS FOR ADMISSIONS