Boostagusta

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Everything posted by Boostagusta

  1. I actually received the Exhibit A - Terms & Conditions with the response to my request for Production of Docs, which arrived after (by a few days) their rogs/admissions. So, had I responded immediately, I would not have had this other Exhibit A to reference. Not sure if that means anything or adds clarity.
  2. Another question/thought: How can the JDB object to #6 when the allegded default was part of the Complaint (#3 of complaint).?
  3. Reposting JDB's Response to my request for Production of Docs (originally posted under a different thread): Here is the responses: 1. The original signed application establishing the account. ANSWER: None available. Discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available. 2. Charge slips bearing defendant's signature which establish use of the account. ANSWER: Plaintiff objects to this request because it is vague and ambiguous. Subject to and not waiving said objection, Plaintiff does not have copies of the merchant char
  4. I also have this question: JDB's response to my request for Production of Docs contained Terms & Conditions as an Exhibit A. Does this mean this exhibit is suppose to be assumed to be attached to their rogs/admissions as well? I want to make sure I do not screw anything up when I respond to the admissions with objections aboot the lack of the referenced attached 'exh A'.
  5. BV80 (and all others needing info on MN pocket docket aka hip filing aka pocket filing), Link to civil rules amendment enacting the a 1 yr timeframe to file after service: http://www.mncourts.gov/Documents/0/Public/Clerks_Office/Rule%20Amendments/2013-02-04%20Order%20Civ%20Proc%20&%20Gen%20Rls%20Amendments.pdf
  6. My apologies for having two threads going. Here is the link for the other post: http://www.creditinfocenter.com/community/topic/320272-jdbs-response-to-request-for-production-of-docs/
  7. After service in MN, case is to filed w/in a "reasonable amount of time". From the info I found, this can be any time before SOL is up. Court has revised this- effective July 1, 2013, case must be filed w/in 1 yr of service or is automatically dismissed with prejudice. For us pocket-docketeers existing before this goes into effect, case must be filed by June 30, 2014.
  8. What I have come up with so far for my response to the Admissions. Thought I would think 'aloud' on the post and hopefully stir up some interest. #1: DENY. #2: Defendant objects as this request is vague and contains the undefined terms "Terms and Conditions". Defendant further objects as this request references Exhibit A which was not attached as stated. #3: Defendant objects as this request is vague and contains the undefined terms "Terms and Conditions". #4: Same as #3. #5: ??? Not sure if I should 'DENY' or state an objection ??? #6: Same as #3. #7: Same as #3. #8: Same as
  9. I need some help on what come next. I received 'Plaintiff's Response to Defendant's Requests for Production of Documents' and am unsure what to do now. I could also use some pointers on rogs and admissions posted on my original thread: http://www.creditinfocenter.com/community/topic/320080-pocket-docket-finally-filed/ Here is the responses: 1. The original signed application establishing the account. ANSWER: None available. Discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available. 2. Charge slips bearing defendant's sig
  10. Now the real confusing part of the Request for Admissions: no Exhibit A (the aforementioned Terms & Conditions) was attached! WTF! Also, Admission #5 really says 'compromise' though I think JDB meant 'comprise'. Thanks in advance for the help!!!
  11. Now the Request for Admissions. That you applied for and received the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit. That the Terms and Conditions for the credit card are genuine. A true and correct copy of which is attached as Exhibit A. In the event you deny Request for Admission No. 1, state the name, address, age, occupation and employer of every person whom you will call to testify to dispute the genuineness of the Terms and Conditions. That you accepted the Terms and Conditions and agreed to be bound by them when you charged on the account. That you or
  12. I found answers/objections for most in other posts; however, what's up with #7? First, I did not even make a Counterclaim. Second, it looks like it is missing a word and a comma... or something. It does not seem to make sense (grammatically or logically). And, a less important question, aren't these the Plaintiff's Interrogatories?? #14 say defendantss' interrogatories. Any feedback is appreciated.
  13. Last week, I sent JDB 'Defendant's Request for Production of Documents'. My list was substantially the same as what I found on this forum- dubbed in some posts "Bruno's discovery list" (14 in total). I will post a link and/or further details after my immediate questions. Which brings me to...... this week I received Interrogatories and Requests for Admissions and would love some assistance in responding in the most effective way possible. Some aspects of JDB's language (particularly the admissions) have me scratching my head. First the rogs. They start with definitions, which I will omi
  14. And I now reside in Carver county, but the case is filed in Hennepin.
  15. I am going to draft my Request for Production of Documents tonight and mail CCRRR tomorrow. Any feedback / input is much appreciated! Also, I believe I would need to file a motion to amend my answer if I want to make changes (as my original Answer, though not filed yet, was what I served on the JDB). I will read up on posts to see what rogs to include.
  16. Thank you WhoCares1000- I have read several of your posts regarding MN suits and am glad you responded. I reside in Carver County now, but resided in Hennepin when I was served. I cannot seem to find any good info on this type of jurisdictional situation... I have read (and re-read) the legal paper you referenced above and believe I have an understanding of what they will need to prove account stated. The court papers list Equable Ascent Financial LLC Assignee of Chase Bank USA, N.A (WAMU) as Plaintiff and #2 & #5 of the Complaint says '...iChase Bank USA, N.A.(WAMU)...' but Providian
  17. Please HELP ME on what comes next. I know I need to go file my Answer with the court now (and will do so today or tomorrow). I was also contemplating filing a Motion to Amend Answer, but am unsure if I should file this simultaneously with my Answer or later- like after Discovery. After perusing this forum, I am also concluding I should send them some Request for Production of Documents but would like some input on the order of sending these and what would be best to request.
  18. Details of Complaint and my Answer: COMPLAINT 1. Upon information & belief, Defendant is an individual residing in Hennepin County. 2. Defendant made purchases and/or cash advances on a charge account bearing account number xxxxxxx which was issued by Chase Bank USA, N.A. (WAMU) and there remains a balance due and owing as of July 2011 in the amount of $12,500. 3. That Defendant defaulted under the terms of the charge account agreement, and subsequent amendments thereto, which were provided to the Defendant, by failing and refusing to make payment on the account, and there is
  19. 1. Who is the named plaintiff in the suit? EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF Chase Bank USA, N.A. (WAMU) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm, Israel, Enerson & Hornik, LLC 3. How much are you being sued for? $12,500 4. Who is the original creditor? (if not the Plaintiff) Providian - Washington Mutual - Chase 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Personal service. 7. Was