This form is for an action on a written contract or revolving credit agreement. For a general discussion of the action on a written contract, see section 14.22 in this manual; see section 14.24 regarding revolving credit agreements. With modification, this sample set is suitable for use in actions on an oral contract; see section 14.23.
Pattern Requests for Admissions—Contract or Revolving Credit Agreement
that on or about [date], Plaintiff and Defendant entered into a written contractual agreement.
Answer:
that the document, a copy of which is attached as Exhibit [exhibit number/letter], is a genuine, true, and correct copy of the contractual agreement between Plaintiff and Defendant referred to in request number 1.
Answer:
that Plaintiff performed the acts described in the contractual agreement referred to in request number 1. of delivering to Defendant the goods, wares, merchandise, or services described in the agreement.
Answer:
that under the contractual agreement referred to in request number 1., Defendant has made payments totaling $[amount].
Answer:
that on [date], under the terms of the contractual agreement, a copy of which is attached as Exhibit [exhibit number/letter], the principal amount due on the agreement referred to in request number 1. was $[amount].
Answer:
that Defendant received the contractual agreement, a copy of which is attached as Exhibit [exhibit number/letter].
Answer:
that on [date], Plaintiff presented to Defendant a claim for payment of the outstanding balance stated in request number 5.
Answer:
|
Attach exhibit(s). |