Unclejj23

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About Unclejj23

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  1. Need some help answering these requests: here is what I have so far. $30K in credit line debt from Wells Fargo in the state of CA. Law suit filed by CACH LLC. Already responded with general denial to answer. This is what they sent next. I looked around this forum on how to answer these questions but I am still unclear on how to answer most of these questions. Any help would be much appreciated. Thanks!! REQUEST FOR ADMISSIONS - NUMBER 1. Please admit original creditor issued to you the credit account (for purposes of these requests for admissions, “original creditor” means Wells Fargo Bank, YOU, and YOUR mean to XXXXXXXX, your agents attorneys, representatives or anyone acting on your behalf, and the “credit account” means Wells Fargo Bank account number XXXXXXXXXXX which is the subject of this lawsuit. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 2. Please admit YOU and Wells Fargo Bank, entered into an agreement regarding the CREDIT ACCOUNT. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 3. Please admit YOU submitted an application to WELLS FARGO BANK for an extension of credit from Wells Fargo Bank. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 4. Please admit the document attached hereto as Attachment “A” is true and accurate copy of the application YOU submitted to Wells Fargo Bank, when applying for an extension of credit. ANSWER: DEFENDANT does NOT admit and denies on information and belief. Attachment “A” is NOT true and/or NOT an accurate copy. DEFENDANT does NOT admit and denies on information and belief HE ever submitted application. ( attachment A was a copy of the credit application with out any signature. The also attached a copy of the personal guarantee in Attached "A" which is signed, but is a completely separate document from the application. It was for a business line of credit, and claiming that is was never submitted and or authorized as my banker filled it out for me. I never signed the application.) NUMBER 5. Please admit you signed the application submitted to Well Fargo Bank, and attached in Attachment “A” ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 6. Please admit YOU used the CREDIT ACCOUNT. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 7. Please admit YOU agreed to pay Wells Fargo bank and its successors and assigns all outstanding balances owed on the credit account. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 8. Please admit YOU never disputed, with any person or entity including Wells Fargo Bank the outstanding balance of $30,000.00 ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 9. Please admit YOU have not paid the outstanding balance on the said CREDIT ACCOUNT in the sum of not less than $30,000.00 ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 10. Please admit YOU owe the Plaintiff the amounts prayed for in the Complaint. HELP NUMBER 11. Please admit YOU have no facts which would vary the amounts owed to Plaintiff. HELP NUMBER 12. Please admit YOU have no affirmative defenses against the Plaintiff Complaint. HELP NUMBER 13. Please admit YOU executed a personal guarantee for the CREDIT ACCOUNT. HELP REQUEST FOR DOCUMENTS: NUMBER 1. Copies of any and all DOCUMENTS between YOU and the ORGINAL CREDITOR relating to the account (for purposes of this request for Production, “ORIGINAL CREDITOR” meaning Wells Fargo Bank, N. A. “YOU” and “YOUR” mean and refer to XXXXXX your agents, attorneys, representatives or anyone acting on your behalf, “ACCOUNT means the Wells Fargo Bank, N.A. account XXXXXXXXXXXXX which is the subject of this lawsuit). ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 2. Copies of any and all DOCUMENTS between YOU and the Plaintiff relating to the ACCOUNT. ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. NUMBER 3. Copies of any DOCUMENTS evidencing any payments made to ORIGINAL CREDITOR on said ACCOUNT. ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. NUMBER 4. Copies of any and all DOCUMENTS that support the affirmative defenses raised by YOU in this action. ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. NUMBER 5. Copies of ALL DOCUMENTS from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus on services about your account. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 6. Copies of all DOCUMENTS identified by YOU in response to the Special Interrogatories, Set One, served concurrently with this request for the Production of Documents. ANSWER: NUMBER 7. Copies of all DOCUMENTS identified by YOU in response to Request for Admission, Set One, served concurrently with this request for Production of Documents. ANSWER: NUMBER 8. Copies of all DOCUMENTS that support YOUR contention YOU do not owe the amount claimed in the complaint on file in this lawsuit. ANSWER: SPECIAL INTERROGATORIES NUMBER 1. State all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT(for purposes of these Special Interrogatories, “YOU” and “YOUR” mean and refer to XXXXXXX, your agents, attorneys, representatives or anyone acting on your behalf, and “ACCOUNT” means the WELLS FARGO BANK , N.A. account XXXXXXXXXXXX which is the subject of this lawsuit) If YOU make no such contention, do not answer this interrogatory. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 2. Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. NUMBER 3. State all facts upon which YOU base YOUR contention that you owe less than the amount prayed for in Plaintiff’s Complaint on the ACCOUNT. ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. NUMBER 4. Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiffs Complaint on the account. ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. NUMBER 5. State each of YOUR affirmative defenses. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 6. State all the facts upon which you base YOUR affirmative defenses. ANSWER NUMBER 7. State each mailing address, if different from YOUR residence address, for the last ten years and dates that you received mail at each. ANSWER: NUMBER 8. State all facts regarding payments on account. ANSWER: NUMBER 9. Describe each document evidencing payments made on your account. ANSWER: NUMBER 10. If you have ever been married, state the name of your spouses. ANSWER: NUMBER 11. Sate all details regarding the length of your marriage(s) ( i.e. from what date until what date). ANSWER:
  2. Need some help answering these requests: here is what I have so far. There are some questions that I am not sure how to answer. Any help would be much appreciated. Thanks!! REQUEST FOR ADMISSIONS - NUMBER 1. Please admit original creditor issued to you the credit account (for purposes of these requests for admissions, “original creditor” means Wells Fargo Bank, YOU, and YOUR mean to XXXXXXXX, your agents attorneys, representatives or anyone acting on your behalf, and the “credit account” means Wells Fargo Bank account number XXXXXXXXXXX which is the subject of this lawsuit. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 2. Please admit YOU and Wells Fargo Bank, entered into an agreement regarding the CREDIT ACCOUNT. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 3. Please admit YOU submitted an application to WELLS FARGO BANK for an extension of credit from Wells Fargo Bank. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 4. Please admit the document attached hereto as Attachment “A” is true and accurate copy of the application YOU submitted to Wells Fargo Bank, when applying for an extension of credit. ANSWER: DEFENDANT does NOT admit and denies on information and belief. Attachment “A” is NOT true and/or NOT an accurate copy. DEFENDANT does NOT admit and denies on information and belief HE ever submitted application. ( attachment A was a copy of the credit application with out any signature. The also attached a copy of the personal guarantee in Attached "A" which is signed, but is a completely separate document from the application. It was for a business line of credit, and claiming that is was never submitted and or authorized as my banker filled it out for me. I never signed the application.) NUMBER 5. Please admit you signed the application submitted to Well Fargo Bank, and attached in Attachment “A” ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 6. Please admit YOU used the CREDIT ACCOUNT. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 7. Please admit YOU agreed to pay Wells Fargo bank and its successors and assigns all outstanding balances owed on the credit account. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 8. Please admit YOU never disputed, with any person or entity including Wells Fargo Bank the outstanding balance of $30,000.00 ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 9. Please admit YOU have not paid the outstanding balance on the said CREDIT ACCOUNT in the sum of not less than $30,000.00 ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 10. Please admit YOU owe the Plaintiff the amounts prayed for in the Complaint. HELP NUMBER 11. Please admit YOU have no facts which would vary the amounts owed to Plaintiff. HELP NUMBER 12. Please admit YOU have no affirmative defenses against the Plaintiff Complaint. HELP NUMBER 13. Please admit YOU executed a personal guarantee for the CREDIT ACCOUNT. HELP REQUEST FOR DOCUMENTS: NUMBER 1. Copies of any and all DOCUMENTS between YOU and the ORGINAL CREDITOR relating to the account (for purposes of this request for Production, “ORIGINAL CREDITOR” meaning Wells Fargo Bank, N. A. “YOU” and “YOUR” mean and refer to XXXXXX your agents, attorneys, representatives or anyone acting on your behalf, “ACCOUNT means the Wells Fargo Bank, N.A. account XXXXXXXXXXXXX which is the subject of this lawsuit). ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 2. Copies of any and all DOCUMENTS between YOU and the Plaintiff relating to the ACCOUNT. ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. NUMBER 3. Copies of any DOCUMENTS evidencing any payments made to ORIGINAL CREDITOR on said ACCOUNT. ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. NUMBER 4. Copies of any and all DOCUMENTS that support the affirmative defenses raised by YOU in this action. ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. NUMBER 5. Copies of ALL DOCUMENTS from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus on services about your account. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 6. Copies of all DOCUMENTS identified by YOU in response to the Special Interrogatories, Set One, served concurrently with this request for the Production of Documents. ANSWER: NUMBER 7. Copies of all DOCUMENTS identified by YOU in response to Request for Admission, Set One, served concurrently with this request for Production of Documents. ANSWER: NUMBER 8. Copies of all DOCUMENTS that support YOUR contention YOU do not owe the amount claimed in the complaint on file in this lawsuit. ANSWER: SPECIAL INTERROGATORIES NUMBER 1. State all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT(for purposes of these Special Interrogatories, “YOU” and “YOUR” mean and refer to XXXXXXX, your agents, attorneys, representatives or anyone acting on your behalf, and “ACCOUNT” means the WELLS FARGO BANK , N.A. account XXXXXXXXXXXX which is the subject of this lawsuit) If YOU make no such contention, do not answer this interrogatory. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 2. Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. NUMBER 3. State all facts upon which YOU base YOUR contention that you owe less than the amount prayed for in Plaintiff’s Complaint on the ACCOUNT. ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. NUMBER 4. Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiffs Complaint on the account. ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. NUMBER 5. State each of YOUR affirmative defenses. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 6. State all the facts upon which you base YOUR affirmative defenses. ANSWER NUMBER 7. State each mailing address, if different from YOUR residence address, for the last ten years and dates that you received mail at each. ANSWER: NUMBER 8. State all facts regarding payments on account. ANSWER: NUMBER 9. Describe each document evidencing payments made on your account. ANSWER: NUMBER 10. If you have ever been married, state the name of your spouses. ANSWER: NUMBER 11. Sate all details regarding the length of your marriage(s) ( i.e. from what date until what date). ANSWER:
  3. Ok - here is the update in my case from Cach, LLC. - this is what they sent me. 1. Request For Admissions 2. Request For Production of Documents 3. Special Interrogatories They way I understand all these requests is they want me to supply them with an admission that I held this credit line under oath. Also- they want me to produce all the documentation regarding this account to them. Is this a good thing because essentially they are telling me they dont have proof of this account and want me to provide it to them? I need to answer in the next couple days as I just got back in town and had 30 days to do so...my deadline is the 30th. Any suggestions on how I should answer these requests? Thanks again for all your help.
  4. Yes the Exhibit A had my sig on it. Business Direct Application for Credit - Agreement and Personal Guarantee Dated 2007
  5. Ok I filed the "answer" before deadline. Next step is to: 1. Send BOP CMRRR 2. Wait for response correct? Thanks for all your help!
  6. OK so apologize for my scatter brain questions. Just gets overwhelming when you are not used to legal protocols and have no legal background. Thanks again SeaDragon - I used your long answer form to respond. Next steps will be: 1. File the long form answer directly with the court on record 2. Send POS to the plaintiff Hold tight until I get a response - than respond with BOP? Is there anything else I should do as this point in time? Thanks!
  7. Never mind answered my own question. Should I include a BOP with this answer? Is there a good template for a BOP?
  8. Thanks SeaDragon for the template. Just so I understand. I should fill out that form completely with all my info and file directly with the court on record and then send a copy POS to the plaintiff correct? Is there anything else I am missing? This is satisfy the "answer" correct? Sorry legal idiot and I know if you miss a detail or step your screwed. Thanks!
  9. Need some legal advice. I have been reading most of the posts on here and this site has been extremely informative. I am being sued by CACH, LLC. for $30,000 in CA. I need to file my answer by the 20th or this Friday! I have it mostly prepared but I could use another opinion in it. 1. There is no mention in the complaint about it being "verified." It does have a Declaration of Venue. Is this considered verification? 2. I ask because I am not sure if I can just file a general denial answer because it is not verified or do I need to file a complete answer because it is over $25,000 regardless of verification? 3. If long answer is required any ideas on what general Affirmative Defenses to use on the initial answer? Thanks in advance for your input!