RyanEX

Members
  • Content Count

    1,159
  • Joined

  • Last visited

  • Days Won

    63

RyanEX last won the day on November 16 2019

RyanEX had the most liked content!

Community Reputation

886 Excellent

About RyanEX

  • Rank
    1-0 vs JDB
  • Birthday 04/09/1977

Profile Fields

  • Location
    San Diego, California

Recent Profile Visitors

2,623 profile views
  1. Hi PleaseHelpConfused, We understand your fear of this situation - we have all been through it. You'll find a lot of help here. I noticed you started this thread on Dec 27 - sometimes it takes awhile for us to reply but please don't be afraid to bump your thread if you don't get a response within a few days... sometimes we overlook new posts. Let's get to some of your questions: The General Denial is the most commonly used form. To use it one of the following two options must apply: 1. The complaint is not verified; or 2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less), BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection. The exception you are worried about is in option #2 (that the amount needs to less than $1,000) - but that exception also requires that the complaint be Verified. Option #1 states that you can use the General Denial if the complaint is not Verified. Most of these complaints are actually not verified... so let's confirm this for you. A verified complaint will include a page where the Plaintiff or attorney states (more or less) that "the facts set forth in the complaint are true". Do you have such a page? If no, then it is not verified and you can use the General Denial under Option #1. *Please note that there is often a page that has a verification of VENUE - that is not the one we are talking about. Your timeline to respond starts on the date you were served: Dec 21st. Since you were personally served, you get 30 calendar days to respond which is Jan 20th. There is a specific process for filing your answer at your courthouse & serving a copy of that answer to the plaintiff. Let us know once you have confirmed the question of verification and we'll guide you through that. Welcome to the board
  2. Not sure if you can motion to compel arbitration this late in the game. What else has happened in your case? - Did they send you discovery requests (Admissions, Interrogatories, Doc Requests)? And did you answer? - Did you serve them a CCP 96 request for a witness & evidence list? - Did they send you a CCP 98 declaration/affidavit in lieu of testimony? Don't think the short-term disability will impact what they do. In their minds, should they prevail (not saying they would), they would get the judgment and wait til the situation changes and then try to collect.
  3. I went the trial route, so don't know the arb process - but there are some recent CA threads where people did, you should be able to find the guidance you need
  4. That was started a few days ago. It's up to you, though, whatever you are comfortable with & we're all here to help. As someone who has been on the board for a while, I can tell you there are quite a few OC threads from California (the state in which the suit occurs matters a great deal) that were fought and won. Some via arbitration, others via the trial process.
  5. Two things 1) Check your account agreement for an arbitration clause. If you have an arb clause it can be used to make this go away. Generic agreements for the year the account was opened can be searched for online. 2) While OCs technically have an advantage over a JDB in this type of suit (more likely to be able to produce a live witness from the OC at trial), I have yet to see one apply that advantage in the threads on this board. Every OC thread I've read, they followed the same playbook as a JDB. Of course there can always be a first time, but they are held to the same standard regarding evidence (a live & qualified witness to authenticate documents) and still bear the full burden of proving their case that a JDB does. CA members have beaten OCs using the same strategy.
  6. Take a look at these responses. I'm a little unsure about Adm #10, haven't seen that one before. ADMISSIONS 1. Admit the genuineness of the docs attached, monthly statements for OC C/C with the account # XXXX DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 2. You applied for and opened a CC account with OC. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 3. A CC was issued to you by OC with the account # XXXX. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 4. You used the CC and made charges and made payments to the OC. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 5. Monthly billing statements attached were mailed to you at (my address) indicating monthly debits, credit and payments made on the account. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 6. You were mailed and received a cardholder agreements for this OC. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 7. The date of last payment or transaction occurred (lists date) on the OC. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 8. On (specific date after date below) you were indebted to OC the sum of (lists amt) on an account stated for charges to your OC. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore Defendant denies. 9. On (specific date before date above) you were indebted to Plaintiff the sum of (lists amt) on an account stated for charges to the account. DENIED. 10. All conditions precedent to payment of the unpaid principal balance due have been performed, waived, satisfied or extinguished. DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him/her is insufficient to enable him to admit, therefore Defendant denies. 11. You have no valid affirmative defenses to this action Admitted in part to the extent Defendant did not assert any affirmative defenses in his/her answer. DENIED in part to the extent that Defendant has not evaluated the validity of any affirmative defenses to this action. INTERROGATORIES 1. State your name, any other names by which you have been known, and your address. Your name, address, phone # 2. State the date and place of your birth. OBJECTION. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. 3. State, as of the the time of the INCIDENT, your driver's license #, the state of issuance, the exp date and any restrictions. OBJECTION. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. 4. State each residence ADDRESS for the last five years and the dates you lived at each ADDRESS. OBJECTION. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objection Defendant states that he/she lives at [STATE YOUR ADDRESS]. 5. State the name, ADDRESS, and telephone # of each employer you have had over the past five years and dates you worked for each. OBJECTION. The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a counter-suit if attempted. 6. Identify all documents that are part of the agreement and for each state the name, ADDRESS, and tele # of the person who has each DOCUMENT. OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiff’s claims. 7. state each part of the agreement not in writing, the name, address, and telephone # of each person agreeing to that provision and the date that part of the agreement was made. OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims. 8. Identify all documents that evidence each part of the agreement not in writing and for each state the name address and telephone # of the person who has each document. OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiff’s claims. 9. Identify each agreement excused and state why performance was excused. OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims. 10. Identify each agreement terminated by mutual agreement and state why it was terminated, including dates. OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims. 10. Identify each unenforceable agreement and state the facts upon which your answer is based. OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims. SPECIAL INTERROGATORIES 1. (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated (date prepared) and served within) For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made. Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. 2. For each of your responses that is not an unqualified admission, please state the name, address and telephone number of all persons who have knowledge of the fats supporting your response, identifying that response by reference to the number of the request to which it is made. Your name, address, phone #. 3. For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made. Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because such documents have never been in the possession, custody, or control of Responding Party.
  7. Did your card/contract have an arbitration clause?
  8. Agree. Consult an attorney. If you feel you can prove your husband wouldn't have been there when they claimed they personally served him, you might have something; but an attorney would know best. In case you can't, you may have to consider making a deal with them and paying off the judgment thru your refi, if you have enough equity to cover it.
  9. They can ask the court to deem those unanswered admissions as 'admitted'. Since the Req for Admissions probably contained a few lines like "admit this is your debt" & "admit you owe plaintiff $9K", it could be a fatal error. Best you can do is get them answered, fast. And if they move to get them admitted anyway, fight it. I'm not sure how to address that Nov 5 packet that had a Nov 2 deadline. You never responded to the post with the sample questions/admissions, are they the same?
  10. Can certainly do that too - belt & suspenders approach, as calawyer liked to call it. It can be served on plaintiff and also filed with the court, putting it in the record. One of his recommendations is to name it "Objection to ..." instead of "Motion in Limine to..." - https://www.creditinfocenter.com/community/topic/324789-sued-by-midland-funding-court-date-in-31-days/?do=findComment&comment=1307801
  11. Gotcha To your previous post: A motion may not be the proper step. While they've sent you documents during thi process, your trial hasn't started therefore none of it has actually been submitted to the court as 'evidence'. A letter to them (meet and confer?) informing them that they failed to comply with your CCP 96 request and you'll be objecting to any and all evidence/witnesses at trial might be better. Did you serve a proof of service with your CCP 96 request & get delivery confirmation? Did they send you a CCP 98 declaration/affidavit? (you would have that by now if they planned on using one).
  12. Sorry to hear that. On the bright side, the code/deadlines will work to your advantage in this process. If the judge is a stickler for the code, then he/she should be a stickler against the plaintiff too.
  13. 28 days, still 2 1/2 weeks to go... exactly how many days before trial did you serve it? You'd be right up against the allowable window to have sent it (between 30-45 calendar days before trial). Just want to eliminate that as a reason they didn't respond.
  14. Oct 24th or Sept 24th? This would be substitute service - is that how it appears on your online case file? Usually the type of service (personal, substitute, etc) is named, but not always. Anyhow, substitute service is considered complete when the 2nd copy is placed in the mail, not when you were handed the first copy. The 40 day timeline begins that day. Your mailed copy should have come with a proof of service, you'd go by the date on that. CCP 415.20 B http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.99