ELECTRONICALLY FILED

Washington County Circuit Court

Kyle Sylvester, Circuit Clerk
2022-Mar-18 16:41:22
72CV-21-2455
C04D01 : 4 Pages
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS AR
CIRCUI
T
COURT
C
Fayettev
SECOND ROUND SUB LLC ille
Plaintiff CIRCUI
vs. 72CV-21-2455
Case No:_______________ C T
COURT
FAYET
TEVILL
PAIGE HARGIS, E
CIRCUI
Defendant T
COURT
CWSA
Ronald
C. Miller
PLAINTIFF’S MOTION TO DEEM ADMITTED REQUESTS FOR 2012112
ADMISSIONS AND COMPEL DEFENDANTS’ RESPONSES TO PLAINTIFF’SWashing
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTSton WSA
Circuit
Court28
COMES NOW Plaintiff, by and through its attorney, Ronald C. Miller, and for its Motion to0 Compel,
N
College,
states to the Court as follows: #302
Second
Round
Sub LLC
1. This case is for a balance due on a credit card issued to Defendant in which Defendant made charges 72701 and
Second
payments on the debt before the credit card was charged off for non-payment. Round
Sub LLC
WASHI
2. Defendant denies each and every averment in Plaintiff’s complaint. NGTON
RETAIL
CREDIT
3. In light of Defendant’s answer, Plaintiff issued discovery to ascertain what issues actually exist.
ACCOU
NTS
4. In Plaintiff’s experience, the real issues are inability to pay and nothing meritorious despite a traditional
March
3, 2022
answer denying everything. , Paige
Hargis
15 E
5. That Plaintiff served a Request for Admissions, Interrogatories and a Request for Production28th
of Cir
Fayettev
documents on Defendant on December 22, 2021. Plaintiff attaches a copy of the Interrogatories as ille,
Exhibit 1
Arkansa
s 72701
and the Request for Production as Exhibit 2. , ,
,
476ARR
6. Defendant’s purported Interrogatory answers are attached as Exhibit 3. onald C.
Miller
7. RATTY
Other than admitting her address, Defendant denied all the admissions. Therefore, the answers to
2012112
21-
Plaintiff’s interrogatories and responses to the Request for Production of Documents are critical. 08369-
0O
CIRCUI
T
COURT
C
FAYET
TEVILL
8. Defendant’s alleged interrogatory answers are not signed under oath as required under the rules of civil

procedure.

9. Defendant is refusing to give her social security number and even the last four of her social security

number. This information is relevant to link Defendant to this debt.

10. Defendant was asked if she received statement from the original creditor and she said she did not receive

them by mail but that is not the question so the answer fails to adequately answer the interrogatory.

11. Defendant was asked if she protested any statement or charge in Interrogatory 10. Defendant answered

that she did not have enough information or knowledge to determine same. She either did or she didn’t.

12. Defendant was asked if she believes she is entitled to credits in addition to any payment made and she

stated she does not have enough knowledge.

13. Defendant was asked in Interrogatory 16 for information regarding each financial account that she has

since 10/12/16 and she has objected to same. Defendant denies she had the card, won’t provide payment

information nor if she is entitled to additional credit and her financial information is critical to allow Plaintiff to

subpoena her accounts and demonstrate the payments made by the Defendant which will link her to the account,

among other things.

14. That on February 18, 2022, Plaintiff sent Defendant in a good faith attempt to resolve the discovery

issue. A copy of the correspondence is attached here to as Exhibit 1.

15. That over 13 days have passed since Plaintiff sent its good faith letter.

16. That to date Defendant have failed to provide updated answers and answers under oath.

17. That full and complete answers to Plaintiff’s Interrogatories are essential in order to prosecute its claim

and ascertain the merits, if any, of Defendant's defenses.

18. That pursuant to the Arkansas Rules of Civil Procedure Rule 37 Plaintiff moves the Court to Order

Defendant to fully and completely answer Plaintiff’s discovery.

19. That Defendant be sanctioned for Plaintiffs expenses in filing its motion to compel.

20. That in the event Defendant fails to fully and completely answer the outstanding discovery that

Defendant's answer be stricken and a judgment be entered against Defendant.

WHEREFORE, Plaintiff prays that the Court enter an order that Defendant fully and completely answer

Plaintiff’s discovery, without objection, in 10 days and an order that answer will be stricken if Defendant fails

to comply with the Court’s order and for such other and further relief as the Court deems just and proper.

MILLER AND STEENO, P.C.

BY________________________
Ronald C. Miller 2012112
Attorney For Plaintiff
13690 Riverport Drive, Suite 250
Maryland Heights, MO 63043
(314) 446-3300 Telephone
(314) 726-1406 Facsimile
mail@millersteeno.com
476 21-08369-0

RETAIL CREDIT
ACCOUNTS

March 3, 2022 , Paige

Hargis 15 E 28th Cir
Fayetteville, Arkansas 72701
, , ,
476ARRonald C.
Miller
RATTY2012112
21-08369-0O
CIRCUIT COURT
C FAYETTEVILLE
CIRCUIT COURT
WSA WSA
 CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was mailed postage prepaid, this March 3,
2022 to: Paige Hargis 15 E 28th Cir Fayetteville, Arkansas 72701..
________________________________
476 21-08369-0