IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS

CIVIL DIVISION

SECOND ROUND SUB LLC PLAINTIFFS

v.   CASE NO:  72CV-21-2455  

     

PAIGE HARGIS DEFENDANT(S)

DEFENDANTS RESPONSE & OPPOSITION TO PLAITIFFS MOTION TO DEEM

ADMITTED REQUESTS FOR ADMISSIONS AND PLAINTIFFS COMPEL
PRODUCTION OF DOCUMENTS AND INTERROGATORIES.
&
DEFENDANTS MOTION TO DISMISS OR TO COMPEL INDIVIDUAL
ARBITRATION AND DISMISS, OR ALTERNATLVY TO STAY PROCEEDINGS
PENDING ARBITRATION

COMES NOW the Defendant, Paige Hargis, pro se, Defendants Response to Plaintiffs

Motion to deem admitted Requests for Admissions and Compel Interrogatories and production of

documents, states and alleges as follows:

I the Defendant replied under oath to the Plaintiffs Request for Admission filing my

responses verified with the court on 1/14/22 mailing a copy to Plaintiffs attorney. Why they

would ask they be deemed admitted makes No sense to me. I OBJECT to their Motion for my

reply to their Request of Admission to be deemed admitted.

I also responded to the Request for production of documents and their Interrogatories

mailing them back to them the same day 1/14/22. I have answered all questions and requests

truthfully and signed by me.

I do not have any record of the account number in the complaint. I have spent hours into

days into weeks now investigating these allegations. I do not have any knowledge of this
account. I answered some of the interrogatories the way I did, because the exhibit they sent me

contained one statement matching the account number in the complaint. They sent me a total of 3

account numbers. I clearly state in my replies (I need to understand why I am being asked to

comment on 3 different account numbers). It would be impossible to answer all their

interrogatory questions relating to their exhibit that contains one statement matching the account

number in their complaint.

I don’t have any documents or any statements relating to the alleged account. I can’t

produce something I don’t have. I am not liable for the alleged account and the alleged amount

listed.

This is NOT a case per Plaintiffs “experience an inability to pay and nothing meritorious

despite a traditional answer denying everything”. I disagree with that statement.

I deny because I don’t have knowledge of the account number. I have not seen an

itemized history. I have no Record of the alleged account. There is no application or agreement.

I deny, because that is the truth.

I have objected to giving out my social security number and all bank account numbers,

due to: First, the plaintiff is a complete stranger to me and that is sensitive private info. Second,

I was also mailed another person’s alleged statements by the plaintiff with their exhibits. How

do I know my personal info won’t be sent off to the next person. Third, SECOND ROUND SUB

LLC does not appear to be a licensed debt collector in the state of Arkansas ( Ex. 2). Fourth, I
have had several bank accounts single and joint, open and closed since 2016, that info is not

readily available to me. Lastly, any payment info would be in the accounts history and easier to

access by the alleged owner of the alleged account.

DEFENDANTS MOTION TO DISMISS

COMES NOW the Defendant, Paige Hargis, pro se, and for this Motion to Dismiss

Plaintiffs Complaint, states and alleges as follows:

To survive a motion to dismiss under Rule 12(b)(6), “a complaint must contain sufficient factual matter,

accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A claim is plausible on its face “when the plaintiff pleads factual content that allows the court to draw the reasonable inference

that the defendant is liable for the misconduct alleged.” Id. However, courts are “not bound to accept as true a legal conclusion

couched as a factual allegation” and such “labels and conclusions” or “formulaic recitations] of the elements of a cause of action

will not do.” Id. (quoting Bell Atl Corp. v. Twombly, 550 U.S. 544, 555 (2007)

The affidavit AND the alleged bills of sale, upon which the complaint relies are legally

insufficient and should be stricken and disregarded for the following reasons:

Per Ark code 16-45-104. Affidavit as to correctness of account.

(a) (1) In a suit on an account, including without limitation a credit card account or other revolving credit account, in a
court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is
sufficient to establish the account.

(2) However, if the defendant denies under oath the correctness of the account, the plaintiff is held to prove by other
evidence the part of the account in dispute.

(b) An affidavit of account under subsection (a) of this section shall be attached to the complaint and shall contain:

(1) The name of:

(A) The creditor to whom the account is owed;

(B) The creditor pursuing collection of the account; and

(C) The debtor obligated to pay the account;

(2)

(A) A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor.

(B) If the account has been assigned, the affidavit shall state the name of the original creditor;

(3) A statement of the affiant's authority to execute the affidavit on behalf of the creditor, including the
affiant's job title or relationship to the creditor;

(4) A statement that the affiant is familiar with the books and records of the creditor and the account;

(5) A statement that the information and amount stated in the affidavit is true and correct to the best of affiant's knowledge,
information, and belief;

(6) The interest rate and the source of the interest rate; and

(7) The total amount due, including interest, at the time the affidavit is executed.

1. No affidavit from an employee familiar with the books of the alleged Creditor or

prior assignee is attached to the Plaintiff’s complaint.

2 Plaintiff’s complaint relies exclusively on an affidavit executed by an employee of

the Plaintiff, referred to as a “Vice President of Legal Services” of SECOND ROUND SUB

LLC. (records submitted by assignee of credit card company were inadmissible as business records because

custodian of assignee served only as conduit in the flow of records, and was unable to attest to the identity and

mode of preparation of records originally created by credit card company); Citibank v. Martin

3. The affiant, doesn’t claim to have actual knowledge of the source of the data or how
the data were routinely maintained by the alleged prior Creditor or the alleged prior Assignee. A
proper foundation has not been established for an exemption from the hearsay rule. “The business
records exception did not apply to the electronic data, because the file transferred was prepared out of the
ordinary course of business”, “especially for the sale” ( Midland Funding v Stimpson)

4. Furthermore, both Bills of Sale do not mention the alleged Debt or the Defendants

Name, by the Plaintiff choosing to file the complaint withholding details allegedly relating to
the defendant in the “agreement” and stating there are “terms and conditions” directly

supports a lack of trustworthiness in the information allegedly being sold. Both partial Bill of

Sale documents are otherwise irrelevant as they are.

I can only interpret the plaintiff’s complaint as legal conclusions couched as a factual allegation

and a formulaic recitation of the elements of a cause of action.

Lacking sufficient factual matter. Lacking trustworthiness. Therefore, the plaintiff has not

established a claim for an account stated, or shown they truly own or are assigned the alleged

account to be legally in the right to sue for it. Lack of Standing.

If, the complaint survives Defendants Motion to Dismiss,

Defendant then, respectfully asks for:

MOTION TO COMPEL ARBITRATION AND DISMISS, OR IN THE ALTERNATIVE,

TO STAY PROCEEDINGS PENDING ARBITRATION

The alleged account is subject to Private Arbitration, if a party elects Arbitration the “Notice can

be given after the beginning of a lawsuit or in papers filed in the lawsuit” per Terms and

Conditions, found on paypal.com, the website listed in the complaints alleged (Statement of

closing) Document. I the Defendant, have attached the Terms RESOLVING A DISPUTE WITH

ARBITRATION clause, to this motion (Ex. 1)

 WHEREFORE, PREMISES CONSIDERED the Defendant prays that the Plaintiff’s

Complaint be dismissed, for her costs and for any and all other relief to which she may be

entitled.

Respectfully submitted,

PAIGE HARGIS, Defendant

By: ______________________________
Paige Hargis, Pro Se

15 E. 28th Circle

Fayetteville, AR 72701