rightfullynotyours

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Posts posted by rightfullynotyours


  1. Ok Guys, after my loss I have been meditating and trying to understand what happened and most of all WHY this happened and even though everybody has different reasons as to why they got sued by JDBs, I can only find one constant, that is, the shitty economy that we are living in now a days. NOBODY here in this forum, are deadbeats or an irresponsable person, well maybe a couple of you, but is not the norm. I don't think anybody in the Unites States that has been sued and summoned, or that has found out that now have a judgment against them or their wages capped by these "collectors of debt", did in fact, default on purpose.

     

    Before I got summoned, I tried to settle my debt with Chase Bank, I was making good money back in 2007-2008 then everything came down to a halt! I could not continue paying my current debt, because my cash flow diminished, therefore I started getting behind on all my debts, of course, like everybody in this forum, I had to make my priorities and I only paid what I thought was most important, that is, the mortgage and the cars. Everything else well, had to put it on the back-burner, and hope that one day in the near future, my situation will be better and re-pay my debt and continue my life as before, or so I thought and wished. Unfortunately, like every other American here, that day never came and I am still waiting 6 years later for that to happen.

     

    What bothered me the most in this whole process was, how easily the banks who got us by design into debt and changed our way of living back in the 2008, THEY got bailed OUT by the government, all of their DEFAULTED obligations got paid thanks to all of us! Immediately after, they, "The Banks" came back to us with a vengeance! A lot of people lost their homes, cars etc. then, whoever couldn't pay or refused to pay, the banks charged off their debts, reported the defaulted debts as a loss to the IRS (tax write-off and money right back in their pockets, again), got their money somehow back! Then, they Machiavellically sold pools of accounts charged off already to collection companies which they bought the alleged debt for pennies on the dollar. Here is where the problem began. Somewhere here these banks are, in my opinion, committing some kind of IRS fraud. Remember, that they already reported these accounts as a loss, and they got their break (tax write-off) with the IRS. Nevertheless, they are double profiting when they sell it back to the JDB's and definitely are committing IRS fraud because they are making money on something that they reported as a loss! Can you guys see the picture?

     

    So, in my meditation, I got enlightened and somehow anointed LOL!!! It got me thinking, how can we beat these JDB's? For that, I have to see their business model on a grand scale. In order for them to profit, they need people to NOT show up at the court at any given time. Let's not forget, they have hundreds, if not thousands of lawyers appearing in court every single day, pleading to the unjust/corrupt/lazy judges to enter default judgments on people because they didn't show up to defend themselves. When I went to my first hearing and showed up at court, the rent-a-lawyer for the JDB didn't even know what to say, because JDB's are NOT expecting you to be there! Before my turn was up, I heard at least 15 default judgements! I was appalled!!!! So, now what would happen if for every robo-signed summons they make, we would all show up, I mean, every single one of us??? THINK.....Their business model becomes non profitable! 

     

    Just imagine, for one second, if they got 15 default judgments in less than 10 minutes because a no-show, imagine if WE show up? They wouldn't know what to do because each case is slightly different. They will need to do their homework, which is time consuming and requires a strategy and so on and so forth, right?  And then, what happens if all of their robo-signed summons get to trial? Let's say for sake of argument, that 1/2 of the lawsuits are won and 1/2 are lost. They would have to pay lawyers, paper, toner, court reporters, process servers, postage and Fedex for a 1/2- 1/2 chance? Their costs are staggering!, Now, they will think more than twice which lawsuit to pursue from now on and they will put attention on how well prepared their case will be. Now, to go to trial, they will need real lawyers which cost around $300/h. This will even the plain at the battlefield, one on one and mano a mano!!! 

     

    Remember, we are MORE than them! They wouldn't stand a chance if we fight back!!!, but I mean, ALL OF US, at the same time! They will be overloaded! The first thing that is going to happen is, that the courts will start sanctioning these JDB's because they are abusing the courts for profit! The courts are already overloaded, the only reason the courts allow these JBD's get away with their scheme is because we just simply don't show up, and they can vacate their calendars with judgments in a matter of minutes. This makes me mad! 

     

    The JDB's pay very little to sue, they have discounted rates through the court!!!! WTF!!!! when I answered my lawsuit I had to pay like $225! at once! it hurt me so bad! I think these JDB's pay less than that, (if they even pay).

     

    So, JDB's success is very simple, organization and intimidation, that's it! Think of the Nazi regime, they were much less in numbers than all the Jews, their organization and intimidation worked and the Jews never fought back! Nazis exterminate them like cattle, but, why did the Nazis lose? Well, because other forces that were united fought back TOGETHER, and eventually the Nazis could't keep up, they were outnumbered!

     

    Well, I suggest we do the same! JDB's are organized and their intimidation process resides in the lack of knowledge from people like you and me! I will not lie that when I got summoned my heart fell on the ground and I didn't know what to do, I couldn't sleep I was anxious and had problems concentrating at work. Their intimidation worked for awhile, it crossed my mind to not to show up at the first hearing, but thanks to this forum that gave me the knowledge I went and stood up for myself, and with the forum's courage I went all the way to trial and faced the Judge, the witnesses and the JDB's lawyer! 

     

    So, I propose this:

     

    1.- I will make a movie that will go viral exposing their weaknesses and their process of intimidation of JDB's.

    2.- I will start a website, dedicated to learning on how to fight back these JDB's, I researched and there is no such thing other than forums! I will organize the information so people know what to do, of course, there will be links to forums like this one so people can expand their knowledge.

    3.- The creation of a non-profit organization that will staff hundreds of lawyers to take the cases all the way to court for people with no money, the organization will survive on donations and the company will keep the profits when suing back the JDB's!

    4.- We need to lobby our government to decree a law for the first time, that the DEBTOR would have the opportunity to buy their debt back at the same rate of the JDB's before it is sent for auction.

    5.- To implement classes or courses or seminars to alert the population that if we don't fight back "THEY" will always win.

    6.- Teach your kids and those around you about the legal process and why it's important to fight back.

    7.- Take your kids at least once a year to a court house and watch a trial.

    8.- Teach the initial process of a lawsuit to someone that has no knowledge.

    9.- Guide the people around you and spread the word why we need to take control.

    10.- Teach your kids to be financially intelligent. 

    11.- Spread the word.

    12.- Join and donate http://rollingjubilee.org

     

    At  http://rollingjubilee.org an organization that buys debt and then abolishes it giving relief to those in need, this organization is the first one of its kind and needs help from everyone here.

     

    Let's do something, TOGETHER!!!! anything is better than nothing! one dollar times a million can be 5 thousand lawyers fighting back for you! think about it.

     

    I want to thank Midland Funding LLC. and Especially Timothy S. Brown because without them I would still be living in a cave! Thanks to this chapter of my life, I can see now and I acquired the necessary knowledge to start something for our community and for those in need.

     

    Remember...it's...rightfully...not...yours!!!!

    • Like 1

  2. This is awful I couldn't even sleep last night, I spent my night recapitulating what happened at the trial with Jacqueline and I really think she screw me! I am so disappointed about the whole process, Midland never proved that they owned the account, I might not be quick on the oral argument but everything was explained on my trial brief and declaration! why o why she didn't acknowledge this? furthermore I had my MIL even if its NOT the right instrument the explanation on why the documents should not be admitted are there! with case law and everything! 

     

    Its beyond me how they can have a case JUST because affidavits from people that live out of the 150mile range from the court and STILL be admitted! they dont comply with the CCP 98, the affidavit of Kenneth Smith is completely hearsay never the less this woman admitted and hear EVERYTHING he had to say! even though he has NO personal knowledge of the account! I had asked him if he ever worked for Chase and said no, never been in New York never been on Florida but he KNOWS my account, when asked about HOW the amount they claim came to existence? he dare to say that all of that data was NOT produced by the original Assignor, so it is my understanding that HE does NOT have PERSONAL KNOWLEDGE!!! therefore is hearsay!!!! she over ruled. 

     

    She is a pro-Plaintiff and unfair in the sense that they know we are pro-pers and she should guide the pro-pers so we can have a fair trial she pretty much left me hanging, when I objected to something she would say its not the right time to object and then, by when was the time I already forgot what I wanted to object to, Mr Smith will talk and repeat the same crap over and over.


  3. I just serve Mr. Smith in the Aero Drive Address using a server.

     

    And I have a Felling that Mr. Smith will show up and do EXACTLY what they have done to "rightfullynotyours" yes you can count on that!

     

    My Trial is VERY SOON. and I have not Submitted my MIL yet, I'm waiting on the SIX day before trial to get it filed. I called the clerk and since they dont know WHO will be taking your Trial there is no way you can file any MIL since the Judge preceding the trial have to rule on in, you will have to give it to the judge the day of the trial...sucks I know,  I suggest you call them and re-verify this info

     

    rightfullynotyours, you and I live in the Same Area.

     

    Anyone. Please Advice me of what should be done..

     

    Is it to late for a JURY yes

    Hire a Court Reporter. if so do i just hire and bring him/her with me without telling the court. it cost around 400dls

     

    and   rightfullynotyours got a copy of your MIL and Brief?

     

    "she said that since there is no jury, motion in limine is moot"  <---- what do you mean. filing Motion in limine is useless? yes! pretty much thats what she said and believe me she didnt care!

     

    also

     

    " Timothy S Brown gave me a copy of the brief with annotations that I made a few days before we both signed and gave it to the judge, he said that we were to have trial next monday on a different department, we all agree and he dismissed us" Here I was refering to our joint trial readiness conference

     

    Can i Object to this and NOT MOVE the trial day? Its not really up to you but on how many trials they have , very probably that they will send you to a diferent court room and from that one to a differert court room on the same trial date they call it "ON the Wheel" or something like that.

     

    and how do i use "CCP 170.6" and how do i use that. do i just say. Objection BITC$ CCP 170.6??

     

     

     

    Just An FYI.. I'm in the EXACT same Boat as "rightfullynotyours"

     

    What surprising evidence they came out with. so i know what to say. They came up with my signed original application, the one I sent on the mail when I applied, I told Jaqueline that I did not see this piece of evidence before this morning and that was NOT included in the CP96 and That I objected, She agreed and was dismissed, never the less they used it when they put me on the stand, by then I was already almost at knock out point, and I forgot to object since it was already dissmissed, so I answered all Tim's questions, thinking back now I shouldn't have.

     

    OHH man I'm freaking out


  4. I think i just Screw my self..

     

    This case has been ongoing for nearly 3 years now.

     

    but i was just reading SeaDragons Timeline.doc and it stated this

     

    " 4. Get all discovery and or evidence(except evidence for impeachment) to the plaintiff no later than day

    35 before trial (if you are not using a calendar to keep track of the court dates you could lose, Judges are

    not like bosses and let things slide)"

     

     

    Well.  I did Request for production of docs, and i Responded to plaintiff request for admissions,Docs,Rogs.

     

    I did Almost EVERYTHING as "ASTMedic" did "http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

     

    But i don't Remember sending any evidence/discovery to Plaintiff. as I Don't have any evidence.

     

    The only thing i have done is send a CCP 96, to disclose everything they intended to use in court.

    JDB replied with the same crap they given me when i Requested to Produce document. but this time JDB send me 1 new paperworks "Declaration in Lieu of testimony Pursuant to code of civil procedure 98"

     

    I'm writing my MIL, Trial Brief, Declaration in Support ) (I will PM you mine since Jaqueline was impressed by my MIL and TRIAL BRIEF and DECLARATION IN SUPPORT)

     

    Any Suggestion.

     

    Thank you guys..

     

    My Trial is Coming soon..

     

    But according rightfullynotyours, he came into the Civil Court Trial. to Set another Trial date. ( No, What happened is that the Judge at N26 will not precede the case, so on friday the day of the trial readiness he told us that N24 will take the trial, yesterday went to my trial at N24 as soon as I got there at 8:30am the bailiff said that the judge at N24 WILL NOT be preceding the trial but that the judge at N27 will be and that was Jaqueline's court room)  this is so confusing. is the Civic Court Trial . a Trial or just a date for the judge to tell you which date and judge will hear your case?  I really want a FAIR Judge.. Damm it. i don't want "N24 with Jaqueline"


  5. OK very bad news I lost! judgment against me, I went to the court and then they moved it to a different department N24 with Jaqueline,  I heard horror stories about her, although she complemented me on my motion in limine and my trial brief, she said that since there is no jury, motion in limine is moot, not sure about that but she started trial, heard the plaintiff and all the lies, I objected that was hearsay and the business exception rule, she paused and asked plaintiff to elaborate why should be admitted, he did and then called witness to support his case, Mr. Smith showed up and said his lies, Judge admitted his **** I still objected and questioned witness but pretty much Plaintiff questioned him all over and have pretty much nothing to ask,I asked a few questions but there was a lot of question not relevant and judge got irritated with me, I apologized myself and I said that I was trying to hard to keep up, never the less admitted some evidence, Plaintiff put me on stand and asked me some questions regarding the account, I agreed to some and denied to some, they come up with some surprising new evidence, and I objected, judge agreed, asked me for my statement I froze and didnt know what to say, so didnt said anything. For the closing statements, I used what i had on my motion on limine and trial brief as closing statement and she ruled against me. done!

     

    Well now it seems I have to change bank and remove my direct deposit and go and hide under a rock, It was a wonderful experience i learned a lot about my rights, but the hard lesson was to have a judge that sides with these crooks, even though they cannot show proof of assignment and that they own the account, she anyways ruled in their favor, at the end I heard her say to Plaintiff lawyer see you later Tim! she should have said, see you Mr. Timothy, I hope she gets her check soon from Midland, so great to have corrupt Judges in a great country like this!

     

    Lesson: GET A LAWYER, at the begining of the process and get payments with the lawyer instead Midland believe you me its well spent money.

     

    For all of you in SD county I have a great lawyer..too late now...but  you can PM i will share the info I wished I had this guy before trial but anyway...what comes around goes around

     

    God bless this forum and the nice people that helps the less fortunate.

     

    Now I am a statistic number in their book.


  6. God! it seems I am too late then! I called the court a week ago to file my MIL and the gal at the court N26 told me to file it an hour before! that is why I didnt file it! good God well, it is what it is at this point. Thank you every body for all the help given, and yes it is tomorrow at 8:45am I will try to sneak my motion with my trial brief which no one has file not them not me, I guess its because the Judge who over saw the case its Not the same Judge who is going to actually precede the trail. Who knows... wish me luck guys because in this cases being prepared is good but really all depends on who you get which at the end is luck.

     

    I will post my result as soon as I get back from the court tomorrow. If you guys see mistakes on my post its because I am drunk celebrating! if not well you guys can imagine the end result! lol


  7. @small fry Thanks for the info! God I was reading it and my heart was beating strong! Jezz it seems I am unprepared somehow there is so much to learn! anyways I have no idea who the Judge is going to be, our first judge send us to a different department and we will be on a wheel you go figure. I have one question at what time I should file the MIL? or should I just include it with my Trial Brief? by the way should I file the trial brief and MIL an hour before trial and if so where? anyone knows? @calawyer any recommendations? trial is this monday!


  8. @longstand no worries whatever I can do for you let me know, believe me its hard to do this thing by ourselves, but we have to doit! Today I sadly saw how many people didnt showed up and lost by default! only a handful of us showed up I would say no more than 4, There were some people with attorneys which is always an option if your debt is large mine its only $1,300 so didnt make sense to hire a Lawyer for $1,500 to save me from $1,300! so I figured even if I lose (which I dont think so) I will be kinda in the same boat money wise, so I will have fun in this process of which I might add, I have learned a lot, about my rights!

     

    So let's spread the word to those less fortunate and help in any way we can.

     

    @longstand so if you need anything let me know I will help you as far as my knowledge can. I have samples, pleading papers motions, rules, video links etc. Good luck!

     

    I normally check this page at least once a day, normally at night.


  9. Hi @shellieh98 I did subpoena the witness, It was quite a big deal to find this cat!  This Kenneth Smith in his affidavit gave 5 addresses, two outside of 150 miles, 2 in L.A. and one in SD, I didnt hire a server so Wife and I went to serve him, and of course never heard of him at the address provided, we call at the offices in L.A. nobody knows him there either, went back at the SD address and finally after interrogating some personnel, found this cat at the aero drive address, we went there and asked for him and subpoena his a$$, believe you me, he was surprised to se us!!! lol.

     

    Today I had my Trial conference and went ok, very simple lasted 2 minutes, Judge asked if we were ready, we both said yes, he asked for the joint conference papers, Timothy S Brown gave me a copy of the brief with annotations that I made a few days before we both signed and gave it to the judge, he said that we were to have trial next monday on a different department, we all agree and he dismissed us, wife and I left the room and Timothy followed us with his security guard...oh yeah he has one covering him in case someone wants to take revenge at him, too many angry people out there! he approached me and ask me if I wanted to settle, I burst a laugh and I say "Brother why I would do that? you have nothing on me, he kinda laugh and I said those affidavits are nothing they wont pass the motion on limine on monday! he looked surprised and very politely I said, see ya monday have a great weekend!

     

    Lets see how it goes on monday I will keep you guys posted! thank you for the good vibes!


  10. Hi Forum! I am sorry I have been absent, had a lot of work and I am in another Trial, Wife and I sue brother and mother in law for $1.5 million dlls, great cats those two, sole two properties under our noses, changing deeds of trust and they re-convey the houses under their name when to the bank ask for a million dollars, bank gave it to them and now we are screwed! so that is the reason I was absent, head spinning and more!

     

    Anyways tomorrow I have my trial conference I am kinda scare I have been preparing myself following Astmedic's suggestions I am ready with my motion in limine and my trial brief I am ready to strike their affidavits which are hearsay and hope that will kill the case I will post tomorrow how it went, I could be all the way here at the doorstep without the help of this forum.

     

    Thanks to everyone that have ever posted something, anything in this forum!!!


  11.  
     

    @calawyer I did send the a BOP they objected but send me some bogus documentation and they responded within 10 day! lol even though BOPis not proper, any way what do you suggest should I do next? I was thinking to send a 2nd request for production of documents, should I do that or Meet and confer? this is what I was thinking to send:

     

     

    PRELIMINARY STATEMENT

    Plaintiff’s response in is entirely is deficient. The responses served are insufficient, inaccurate and deceiving.  Plaintiff has not provided an itemization of the account showing all charges and credits thereto, as requested by Defendant. It has not provided the underlying contract referred to in the complaint between Plaintiff and Defendant and, with Defendant’s own signature. Such basic information is required to prove Plaintiff’s claim. Plaintiff should have such information readily at hand prior commencing this Action against Defendant. If not, it is difficult to understand how Plaintiff acquired a good faith basis to file the lawsuit.  Indeed, Plaintiff has only provided the following: A “Visa” account agreement with no signature, a document that it’s easily available at any bank’s front desk, without Defendant’s own signature it has NO validity.  Numerous copies of statements with bogus amounts, Defendant cannot properly identify as to where that “amount” come to existence, Defendant has no recollection of the alleged amount.  A bogus “Original” Bill of Sale and nowhere in the “Original” Bill of Sale the alleged Account with Defendant’s Name is clearly visible.  A “Home Made” “Data Sheet” with the alleged Account and personal info that is easily obtainable by any consumer firm for a fee.  An “Affidavit of Sale” again, with no conclusive evidence of the alleged Account.  Also, and more so important, some bogus “Pre-Legal Notification” and “Notices of Legal Proceedings” sent to an unknown address to Defendant at the alleged time. Clearly and without a doubt, Plaintiff in this last move is using the “Last Known” address now known by Plaintiff where Defendant was summoned of this Action. Plaintiff has used deliberately the address of xxxxxxxxxxxxx, ASSUMING Defendant lived at that address (Defendant has never lived at that address).  Plaintiff has made illegally and deliberately all these documents and made his own “Proof” and has LIED to this Court and this Defendant, that such documents existed before or that are truthfully the originals, with this “Move” Plaintiff has shown BAD FAITH.

     

    Please serve a THRUTHFULL full response, If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response and sanctions or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. This Defendant has to recourse to a second production of documents request to Plaintiff for the following reasons:

     

    1.- Plaintiff’s first production of documents are deceiving, misleading and insufficient in detail, documentation provided by plaintiff lack ANY agreement between Plaintiff and Defendant and NO signatures from Defendant were provided.

    2.- Documents provided by Plaintiff where assignment of Account from Chase Bank to Plaintiff are deceiving, misleading and insufficient, nowhere in the documents provided, stated that the alleged Account ending in 0xxx were assigned to Plaintiff and that Plaintiff have Standing in this Action.

    3.- Documents provided by Plaintiff where any details of the Alleged account on which the cause of Action on this complaint is based, is deceiving, misleading and insufficient, there are NO itemized transactions that gave rise to the amount on the complaint of $1,30X.xx.

    THEREFORE:

    Defendant hereby request that Plaintiff answer the following Request for Production of Documents SET No2.  Production of documents need to be served to the Defendant within 35 (thirty five) days from the date of service herein.

     

    INSTRUCTIONS TO THE ANSWERING PARTY

     

    1.- The Documents produced must be originals and not xerographic reproductions unless good cause can be shown why originals could not be produced, and you stipulate that any copies produced are complete and accurate reproductions of any originals and that such copies can be used for any purpose, including at trial, as in place of such originals.

    2.- Plaintiff cannot purposely made its own documents in place of those of the Assignor/Original Creditor. Affidavits of “knowing” the Account are not sufficient to prove that Plaintiff have standing as the successor owner of the alleged account and/or in place of the original creditor, original documents need to be provided for coping and/or for examination.

    3.- Plaintiff is required to provide conclusive proof of chain of ownership, with the Alleged account ending in 0xx in such Documents of ownership, fail to provide such conclusive proof will result in Lack of Standing in this Action against Defendant, and Defendant WILL recourse to a counter suit for damages.

     

     

     
     

  12.  
     

    @1stStep Yes just account stated:

     

     First Cause of Action

      (Account Stated)

     

    -Plaintiff realleges and incorporates by reference the foregoing paragraphs.

    -Within the last 4 years, Defendant became indebted on the Account to Plaintiff in the sum of $1,306.37 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff.

    -Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due.

    -As of the date of this complaint, there is due and owing the unpaid the sum of$1,306.37 and additional interest on the amount of $130.20. Interest has accrued and will continue to accrue on the unpaid sum of $1,306.37 at the rate of 10% per annum starting on January 31,2012.

     

    therefore prays for

    1 unpaid balance of $1,306.37

    2 Interest due at ...

    3 cost of suit

    4 such other relief..

     

    Thoughts?

     
     

  13. The Defendant in the above cause responds as follows to the first set of Special Interrogatories.


    RESPONSE TO SPECIAL INTERROGATORIES

    SPECIAL INTERROGATORY NO. 1:

    State each name by which you have been known in the past six years.

    ANSWER: Defendant OBJECTS. As Plaintiff requests materials that should already be in the possession of the plaintiff.  Known name in the complaint: (My name)

    SPECIAL INTERROGATORY NO. 2:

    State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

    ANSWER: OBJECTION. Irrelevant, unduly burdensome and oppressive, violates privacy; interrogatory calls for subparts and violates CCP.  Plaintiff is “fishing” to obtain information that is not relevant to the Action, the known address provided by in the complaint as well as the “bogus” documents provided by Plaintiff are: (old address they provided). AND as well as the current mailing address of: (current mailing address) that are ALREADY known by Plaintiff.
    SPECIAL INTERROGATORY NO. 3:

    State name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.

    ANSWER: 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 countersuit if attempted.

    SPECIAL INTERROGATORY NO. 4:

    Did you ever report to CHASE BANK USA,N.A. that there was inaccuracy in any billing statement you received from CHASE BANK USA,N.A.?

    ANSWER: OBJECTION Argumentative and lacking in foundation. Specifically that any such billing statements were received.

    SPECIAL INTERROGATORY NO. 5:

    Did you ever report in writing to CHASE BANK USA,N.A. that the ACCOUNT was opened as a result of fraudulent activity?

    ANSWER: OBJECTION Argumentative, lacking in foundation, and compounded.

     

    VERIFICATION

     

    I, (my name), am defendant in the above cause of action. I have read the first Set of Requests for Special Interrogatories propounded to me by plaintiff, Midland Funding LLC, and my response to the request. I am familiar with the contents of both. Based on my knowledge, the responses to plaintiff's requests are true.

     

    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

     

     

     
     
     
     
     
     
     
     

  14.  
     

    @1stStep THANK YOU for your response! but they claim that BOP is not proper because of "Account Stated" on the complaint they already objected. so what should I do? Thats why I was thinking in asking for a 2nd production of documents and annoy the hell out of them before I send the meet and confer letter what do you think?

     

    mean time here is my answers for special interrogatories

     
     

  15. Also since I am NOT satisfied with the BOP they sent me I am about to request a second production of documents here it is and any thoughts on this would be great! 

     

     

     

     

     

    PRELIMINARY STATEMENT

    This Defendant has to recourse to a second production of documents request to Plaintiff for the following reasons:

    1.- Plaintiff’s first production of documents are misleading and insufficient in detail, documentation provided by plaintiff lack ANY agreement between Plaintiff and Defendant and NO signatures from Defendant were provided.

    2.- Documents provided by Plaintiff where assignment of Account from Chase Bank to Plaintiff are insufficient, nowhere in the documents provided, stated that the alleged Account ending in xxxx were assigned to Plaintiff and that Plaintiff have Standing in this Action.

    3.- Documents provided by Plaintiff where any details of the Alleged account on which the cause of Action on this complaint is based, are NO itemized transactions that gave rise to the amount on the complaint of $1,306.37.

    THEREFORE:

    Defendant hereby request that Plaintiff answer the following Request for Production of Documets SET No2. Production of documents need to be served to the Defendant within 35 (thirty five) days from the date of service herein.

     

    INSTRUCTIONS TO THE ANSWERING PARTY

     

    1.- The Documents produced must be originals and not xerographic reproductions unless good cause can be shown why originals could not be produced, and you stipulate that any copies produced are complete and accurate reproductions of any originals and that such copies can be used for any purpose, including at trial, as in place of such originals.

    2.- Plaintiff cannot purposely made its own documents in place of those of the Assignor/Original Creditor, Affidavits of “knowing” the Account are not sufficient to prove that Plaintiff have standing as the successor owner of the alleged account and/or in place of the original creditor.

    3.- Plaintiff is required to provide conclusive proof of chain of ownership, with the Alleged account ending in xxx in such Documents of ownership, fail to provide such conclusive proof is lack of Standing in this Action against Defendant.

     

    DEFINITIONS

     

    1. "ADDRESS" means the street address, including, the city, state, and zip code.

    2. "FULLY IDENTIFY" means in relation to persons to state the full name, telephone number and last known address, including city, state and zip code; in relation to documents, "FULLY IDENTIFY" means to provide the name of the document, date of the document, and the type of document.

    3. "MUST" means you have to comply, that is a requirement, that needs and have to be produced, that have to be available, that is necessary to, that you are obliged or bound to produce, that you are forced to provide or produce.
    4. “DOCUMENT” means and includes, but is not limited to, the following: ANY writings, drawings, graphs, charts, photographs, phonograph records, tape recordings, notes, diaries, calendars, checkbooks, books, papers, accounts, memoranda, correspondence, reports, spreadsheets, working papers, drafts, appointment books, videotape recordings, and ANY computer-generated, computer-stored or electronically stored matter, such as e-mail, instant messages, computer databases and electronic data stored on hard disks, floppy disks, magnetic tape or other electronic storage medium, as well as ANY other written, typed, printed, graphic or recorded matter of ANY kind, however produced or reproduced; ALL “writings” within the meaning of California Evidence Code §250; and ALL “writings,” “recordings” and “photographs” within the meaning of Federal Rules of Evidence §1001. Any written, printed or electronic copies of DOCUMENTS bearing notations, marks or codes not found in the original shall be deemed to be different DOCUMENTS and shall also be produced. “ANY” shall mean “any and all.” Similarly, “ALL” means “any and all.”

    5. “CREDIT APPLICATION” means the Original Signed Application bearing Defendant’s own Handwriting Signature for any contract between Plaintiff and Defendant or Defendant and Plaintiff’s Assignor Chase Bank U.S.A.

    6. Throughout these interrogatory and discovery requests, language should be read in light of the context in which it is used. Consequently, the singular includes the plural and the plural includes the singular, where appropriate. Furthermore, the masculine is intended to also refer to the feminine, where appropriate and vice versa.

     

     

    DOCUMENTS TO BE PRODUCED

    REQUEST No. 1:

    ALL DOCUMENTS relating to or constituting ANY agreement between Defendant and Plaintiff with Defendant’s signature. As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.
    REQUEST No. 2:

    ALL DOCUMENTS relating to or constituting ANY assignment to Plaintiff of the Account referred to in the complaint, note that the Account of Defendant should be visible in such Documents and the Account referred to in the complaint MUST to be FULLY IDENTIFY by Name, Last Name and the last known ADDRESS at the time of transfer. As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.
    REQUEST No. 3:

    ALL DOCUMENTS MUST have the details of the Account on which the cause of action for goods sold and delivered, money had and received, money lent or paid, quantum meruit of plaintiff’s complaint is based, MUST include the date of each transaction, MUST have a description of the services, materials or goods supplied or other considerations rendered, MUST have the price or charge made for each item.  As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.

    REQUEST No. 4:

    ALL DOCUMENTS constituting statements of Account number ending on XXXX-XXXX-XXXX-XXXX  MUST show all payments and credits from inception until present, this is a requirement Plaintiff MUST Provide in order to prove Standing and that the alleged amount of $1,306.37 is a valid amount based on purchases and NOT in bogus claims.  As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.

    REQUEST No. 5:

    ANY and ALL DOCUMENTS where the Defendant signature appeared on deposits, checks and credit card purchases.  As a remainder to Plaintiff, this is the base of the alleged complaint so the burden of proof resides on Plaintiff to prove that they own the account beyond reasonable doubt, therefore all DOCUMENTS should be available for this Action in order to have ANY Standing against this Defendant.

    REQUEST No. 6:

    MUST provide Original CREDIT CARD application bearing Defendant’s own handwritten signature.

     

     
     
     
     

  16. ALSO I have received the "Package" with some bill of sale and affidavit from someone in New York and some credit card statements with only late fees and such but nothing on how the amount came to view a credit card application with no signature some bogus correspondence that they said they sent me to an incorrect address where I never lived before, and a supposed "data" sheet from electronic records provided by CHASE pursuant to the bill of sale which I was not expecting and it contains full name, last 4 digits of social, old correct address, old correct ph, credit limit, complete card number, the alleged amount from I am being sued, etc. any thoughts?

     

     
     
     
     

  17.  
     

     

    OK guys here is my first draft of answers I followed other people on this forum and I have copied some of the answers from others and added my own twists here and there any comments will be appreciated!

     

     

    ANSWERS TO DOCUMENTS TO BE PRODUCED SET ONE

     

    1.- Any and all DOCUMENTS that REFER or RELATE to credit cards issued to You by CHASE BANK USA,N.A..
    Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

    2.-Any and all DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK USA N.A. from March 13, 2008 to January 31, 2012 for account number ending XXXX.

    Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

    3.-Any and all DOCUMENTS that REFER or RELATE to transactions initiated by You on a credit card assigned by CHASE BANK USA N.A. bearing the account number ending in XXXX from March 13, 2008 to January 31, 2012.

    Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant.  Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

    4.-Any and all DOCUMENTS that REFER or RELATE to payments by You or CHASE BANK USA N.A. that were to be applied to the outstanding balance on a CHASE BANK USA N.A. credit card.

    Answer: Defendant objects as the Plaintiff’s request for Documents on the grounds that it is burdensome to the extent it seeks documents that are not within the current knowledge possession, custody or control of defendant, or more readily or accessible to Plaintiff from Plaintiff’s own files from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Defendant cannot provide what is requested, and has no documents in his possession to provide.   

    5.- Any and all DOCUMENTS that REFER or RELATE to correspondence sent by You to CHASE BANK USA N.A., from March 13, 2008 to January 31, 2012.

    Answer: DENIED This Defendant have no knowledge of ever sending ANY kind of correspondence to CHASE BANK USA N.A., and after a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant.  Defendant cannot provide what is requested, and has no documents in his possession to provide.  

    6.- Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from CHASE BANK USA N.A., that referenced credit card number ending XXXX.

    Answer: After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

    7.-Any and all DOCUMENTS that REFER or RELATE to telephone calls made by You to Midland Credit Management Inc.

    Answer: Defendant is unaware of and has no documents of any communications to Midland Credit Management Inc, or other person or entity, and is unable to provide this request.

    8.- Any and all DOCUMENTS that REFER or RELATE to telephone calls received by You from Midland Credit Management Inc.

    Answer: Defendant is unaware of and has no documents of any telephone calls or communications from Midland Credit Management Inc, or other person or entity, and is unable to provide this request  .

    9.- Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from Midland Credit Management, Inc.

    Answer: Defendant is unaware of and has no documents of any correspondence received by me from Midland Credit Management Inc, or other person or entity, and is unable to provide this request.

     

     

     
     

  18. Ok guys I went to my Conference and set a trial date for April 2014 so I guess I have some time to prepare, the lawyer for Midland didnt know what case he was when he was called, I was the number 30'ish by then the lawyer was up to his butt with cases from Midland that he was lost, one sad thing though was to see so much defaults from people that just didnt showed up it was sad! to say the least but anyway, a couple of guys that showed up the midland lawyer asked the judge for dismissal and they got it granted so I was waiting my turn and praying for the same but didn't happened, anyway I guess I am like those few that we had to fight back all the way! so I have now to prepare my answers to Plaintiff demands for documents, admissions and special interrogatories I will post them and see if you guys can help me with some guidance,Thank you in advance like always in this forum. 

     

     
     

  19.  
     

    Thank you @calawyer and @shellieh98!

     

    You guys ROCK I have already filled my CM110 and I will file it tomorrow no later, at the courthouse before going to work.

     

    I will wait and see what they say and if not satisfied I will Meet and Confer. I will keep you guys posted, mean time I will have to respond to all the BS that they sent me : Production of Documents, Admissions and Special Interrogatories if I get stuck I will post a shout to see who can hear me and give me a direction as to how to respond. I will post on friday.

     

    Thank you guys!

     
     

  20.  
     

    Thank you @calawyer and @shellieh98!

     

    @calawyer you are a legend! Thank you for showing up!  I have been reading your posts and learning a lot from you! thank God you showed up here since you are from Cali too you know the procedures and time limits. 

     

    Ok so you are saying I should at this moment and just file the CMC statement at the court by no later than thursday Oct 10th since the CMC hearing is Oct the 25th? and that's it for now? 

     

    Now one question what should I expect at this hearing? How should I prepare for this? Or is just a formality and BS?

     

    I have already sent them the Demands of Production of Documents.  I was working on the Special Interrogatories and Admissions and I was thinking to send them that too so, should I wait then?

     

    Thank you guys!