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spacejam

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  1. @shellieh98 How do i go about filing the motion to dismiss for failure to litigate? Is there a specific format to use/ or template? What should I say and how do i go about wording it? Any help is greatly appreciated? Also if it does get dismissed is it possible that they cant sue again? Thanks!!
  2. Okay after a lil research it looks as if the original lawyer's law firm is no longer in business. Their website is down, and their phone number is disconnected. I will be driving down to their offices in the next few days to confirm if they are still in business or not. If they are no longer in business, can i file for a motion to dismiss with prejudice?
  3. @shellieh98 @racecar I'm hoping one of you can help me. So i just received my certified letter for my responses to the interrogatories/ admissions/ and requests, as it went unclaimed for 19 days. I did file this with the court with a certificate of service. And now today I receive a new debt collection letter from a law firm based out of California, with a California address for cach llc. But they state that they practice in California and Washington state. This new letter states a new higher amount of debt of 4800. In the letter they also reference that this account is in collection and another law firm has begun litigation. They also claim that the referenced amount is the Charge off balance without any interest. they also state that the creditor informed them that they intend to file an amendment to the original complaint that they want to reflect the decision not to pursue any interest and no amount in excess of the original debt. They then go into stating that if i do not dispute the validity of the debt the debt will be assumed valid. So can they hand this off to another law firm?? can they have more than 1 law firm file a complaint against me?? What do i do now?? Any help is greatly appreciated. Thanks!!
  4. I need help not sure what to do now. As i just received my certified letter for my responses to the interrogatories/ admissions/ and requests, as it went unclaimed for 19 days. I did file this with the court with a certificate of service. Do i have a course of action now??
  5. @racecar Also for the interrogatory 11: where it asks to state all witnesses, should i add the person that claims to be the person that signed the affidavit of sale?
  6. @racecar I'm getting ready to mail out my requests, but i had a question about a response. Just wanted to make sure that it is correct but i wasnt sure if the word proper is right or should it be improper. It sounds as if it can work either way. I highlighted it below. Thanks,
  7. @racecar Thanks, for the responses. I will proceed with getting my responses in the mail today. I will update as soon as I hear or receive any new information. Thanks again to everyone in this forum, and especially @racecar
  8. Update: So I have yet to file my responses to the production, rogs, and admissions. I will be doing so tomorrow. I did just receive another letter from them. This letter looks like the original letters that they were sending prior to filing the suit against me, but this time they are claiming they are providing verification of the debt. RE: Cach, llc acct number: xxxxxxx original creditor: GE cap creditor account number: xxxxxxx balance due: 3k+ Dear Space Jam, Cach LLC, the current creditor, has provided documents providing verification of the referenced debt. In addition to the information the stated balance due, the additional documentation consistent with the Fair Debt Collection Practices Act, encloses is as follows: Copy of bank of americas billing statement cach, llc document(s) of ownership address of original creditor: please see attached billing statement Providing this information will resume our collection efforts. We urge you to contact our office to resolve this obligation. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. They attached a summary statement of account balance purchased. which just has cach name and the account numbers in boxes, versus being typed out. They attached another billing statement but they added the terms of service that comes with the billing statement. and they also attached a copy of the affidavit of sale that they previously attached. The summary statement of account balance purchased looks like they are just trying to make it look more professional. If you guys want to see the copy i can attach it here if need be. I feel like this is another one of their scare tactic, and that by sending me this they are trying to convince me that they have the supposed evidence. Also not sure why they mentioned bank of america when that has nothing to with this account what so ever. Can someone review this and tell me what they think? Thanks
  9. @racecar I think the parts I highlighted in red is what he was mentioning. So should I change anything in my responses? Or can I go ahead and move forward with the responses you laid out for me earlier? Thanks again, you have been more than helpful. I hope after going through all this I gain experience and knowledge that I will be able to help others out myself like everyone else in this community! Discovery in courts of limited jurisdiction shall be permitted as follows:(a) Specification of Damages. A party may demand aspecification of damages under RCW 4.28.360.(Interrogatories and Requests for Production.(1) The following interrogatories may be submitted by any party:(A) State the amount of general damages being claimed.( State each item of special damages being claimed and the amount thereof.© List the name, address and telephone number of eachperson having any knowledge of facts regarding liability.(D) List the name, address and telephone number of eachperson having any knowledge of facts regarding the damages claimed.(E) List the name, address and telephone number of eachexpert you intend to call as a witness at trial. For each expert,state the subject matter on which the expert is expected totestify. State the substance of the facts and opinions to whichthe expert is expected to testify and a summary of the groundsfor each opinion.(2) In addition to section ((1), any party may serve uponany other party not more than two sets of written interrogatoriescontaining not more than 20 questions per set without priorpermission of the court. Separate sections, paragraphs orcategories contained within one interrogatory shall be consideredseparate questions for the purpose of this rule. Theinterrogatories shall conform to the provisions of CR 33.(3) The following requests for production may be submitted by any party:(A) Produce a copy of any insurance agreement under which anyperson carrying on an insurance business may be liable to satisfypart or all of any judgment which may be entered in this action,or to indemnify or reimburse the payments made to satisfy the judgment.( Produce a copy of any agreement, contract or otherdocument upon which this claim is being made.© Produce a copy of any bill or estimate for items forwhich special damage is being claimed.(4) In addition to section ((3), any party may submit toany other party a request for production of up to five separatesets of groups of documents or things without prior permission ofthe court. The requests for production shall conform to theprovisions of CR 34.© Depositions.(1) A party may take the deposition of any other party,unless the court orders otherwise.(2) Each party may take the deposition of two additionalpersons without prior permission of the court. The deposition persons without prior permission of the court. The depositionshall conform to the provisions of CR 30.(d) Requests for Admission.(1) A party may serve upon any other party up to 15 writtenrequests for admission without prior permission of the court.Separate sections, paragraphs or categories contained within onerequest for admission shall be considered separate requests forpurposes of this rule.(e) Other Discovery at Discretion of Court. No additionaldiscovery shall be allowed, except as the court may order. Thecourt shall have discretion to decide whether to permit anyadditional discovery. In exercising such discretion the courtshall consider (1) whether all parties are represented bycounsel, (2) whether undue expense or delay in bringing the caseto trial will result and (3) whether the interests of justicewill be promoted.(f) How Discovery to Be Conducted. Any discovery authorizedpursuant to this rule shall be conducted in accordance withSuperior Court Civil Rules 26 through 37, as governed by CRLJ 26.(g) Time for Discovery. Twenty-one days after the service ofthe summons and complaint, or counterclaim, or cross complaint,the served party may demand the discovery set forth in sections(a) - (d) of this rule, or request additional discovery pursuantto section (e) of this rule. Unless agreed by the parties andwith the permission of the court, all discovery shall becompleted within 60 days of the demand, or 90 days of service ofthe summons and complaint, or counterclaim, or cross complaint, whichever is longer
  10. @racecar Here is their response to my request for discovery. I haven't responded to the interrogatories, production, or admissions yet. I wanted to see their response first, I still have a week to send in my responses. IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY CACH LLC Plaintiff Vs. SPACEJAM Defendant To: CACH, LLC, Law Group LLC attorney of record, Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing. You should deliver a true copy of your answers and responses to the undersigned Defendant by the deadlines stated below. Instructions regarding requests for production As to each Request for Production set forth below, the requested items are to be produced and delivered to Spacejam for inspecting, copying or photographing pursuant to rule 34 of the Washington rules of civil procedure. These requests apply to all described documents and tangible things over which Plaintiff has possession, custody or control and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to Plaintiff within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase "possession, custody or control" has the meaning set forth in the definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. description of document 2. date of disposal or loss 3. manner of loss 4. reason for disposal or explaination of loss 5. person authorizing disposal 6. persons having knowledge of disposal or loss 7. person disposing of document Authentication and use at hearings and trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. DEFINITIONS The following words, when used has the designated meaning: (A) "Account" means the indebtedness alleged in your Complaint. ( B ) "Original Creditor" is the Person with whom the Account was originally created for Defendant. DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF CACH LLC 1. The original signed application establishing the account. Response: Objection. This Request is not relevant and not reasonably calculated to lead to the discovery of admissible evidence as it relates to the defendant's liability for the debt that forms the basis of this action. Subject to and without waiving the foregoing objections, Plaintiff states: none in its possession, custody, or control at this time. As discovery is continuing, Plaintiff is conducting a due and diligent search and reasonable inquiry to discover the requested documentation and reserves the right to amend or supplement this response if and upon the discovering the same. 2. Charge slips bearing defendant's signature which establish use of the account. Response: Objection. This request is overly broad, unduly burdensome, vague, ambiguous, and not sufficiently limited in time or scope. In addition, this request seeks to discover documentation that is or may be in the possession of a third-party, not a party to this action. This request also seeks to discover documentation that is or should be within the possession of the Defendant. Subject to and without waiving the foregoing objections, Plaintiff states: none in its possession, custody or control at this time. 3. The original written agreement in which defendant allegedly assented to the terms of the account. Response: Objection. This Request is not relevant and not reasonably calculated to lead to the discovery of admissible evidence as it relates to the defendant's liability for the debt that forms the basis of this action. Subject to and without waiving the foregoing objections, Plaintiff states: none in its possession, custody, or control at this time. As discovery is continuing, Plaintiff is conducting a due and diligent search and reasonable inquiry to discover the requested documentation and reserves the right to amend or supplement this response if and upon the discovering the same. 4. A complete history of the account from day one, establishing the legitimacy of the balance sought. Response: Objection. This request is overly broad, unduly burdensome, vague, ambiguous, and not sufficiently limited in time or scope. In addition, this request seeks to discover documentation that is or may be in the possession of a third-party, not a party to this action. This request also seeks to discover documentation that is or should be within the possession of the Defendant. Subject to and without waiving the foregoing objections, Plaintiff states: none in its possession, custody or control at this time. 5. Any document setting forth the choice of law provision. Response: Plaintiff relies on the Defendant's residency in King County Washington as the proper choice of law in bringing this action. 6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes of the choice of law provision it seeks to enforce. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 10. Proof of mailing of monthly statements to defendant. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time." Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. 14. The forward flow or media document(s) governing this transaction. Response: Objection. Plaintiff objects to this request because it exceeds the maximum number (5) of request for production allowed under CRLJ 26((3-4) without prior permission of the court. respectfully submitted,   Certificate of Service On July 21, 2013, I my name caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below: Law firm name and address here By Certified U.S. Mail, Return Receipt Requested my name my address my phone my email
  11. Okay another question, but i just realized that the copies the lawyer sent me has the actual signature on it and not a copy. So do I send him a version with my signature on it as well or will a copy of it suffice? Does it matter if the one i send him has a copy or a real signature? What does the court get a copy or real signature? Or do i just sign all copies and everyone gets a real signature? I originally sent a copy (copied signature) to the lawyer for my answer and affirmative defenses. The real signed version went only to the courts. Not sure if that was done correctly so maybe this will help me and others. Thanks!
  12. @1stStep What should I be asking for? Is their a template out there i can follow? When do i submit my request? Do I file a copy with the court?
  13. Also should i be filing a discovery? A request for production of documents?
  14. Thanks @racecar this helps me out greatly!! i was worried how i was going to answer request for production 2. @racecar i know this is alot to ask and you have been so helpful already, but how do i go about answering the interrogatories? Thanks again to everyone thats been able to help so far! you guys are the best!
  15. @Diana2 how is everything going with your case? i am also dealing with them right now, and you seem a little further along then me and maybe have some insight for me. Hope everything is working out to your benefit so far.
  16. So i've been reading @bmc100 posts. I was reading about how he said the defendant should file for a MTD. I have already filed an answer can I still do this? Should i do this if i can? Will this help me at all? does it even apply to me? As i saw alot of his posts were in regards to Michigan.
  17. @BV80 the allegations of the complaint is in this thread the second post. My answer i copied @racecar suggestion just about word for word with the exception of the part where i admitted to residing in king county and denied the rest of paragraph 2.
  18. So those are all 3 documents. Not really sure how to answer them without throwing myself under the bus. Any help will be greatly appreciated.
  19. Here is the Request for Interrogatories IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY CACH LLC VS SPACEJAM To: SpaceJam, defendants, and through defendants attorney of record, Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions regarding requests for Interrogatories Pursuant to rule 33 of the Washington rules of civil procedure, you are to answer the attached interrogatories separately, fully, in writing and under oath. You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extend that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this case. Please note that if after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Any amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce evidence the material or information not timely disclosed. Authentication and use at hearings and trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. Scumbag lawyer Definitions A. “issuer” refers to GE Capital Retail Bank B. “Account” or “the Account” refers to account number XXXXXXXXXXXXXXX C. “Card” or “the Card” refers to the credit card that was issued on the account D. “Defendant” “you” “your” or “yours” refers to Spacejam E. “Plaintiff” refers to Cach LLC and encompasses any person, employee, or other entity authorized to act on plaintiffs behalf. F. “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone numbers; (5) the person’s employer and job title (6) if the person is a former employee of defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of defendant but has some other connection with defendant, for example, agent, independent contractor, officer, director, or customer, the person’s connection with defendant. G. “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian and contents. H. The word “Document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of defendant or defendants attorneys, agents employees, trustees, representatives, professional accountants and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received including without limitation; writings’ printings, drawings, graphs, charts, notes, typewritings, photographs, slides, or data compilation of any nature whatsoever, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. I. “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/ or recordings of telephone calls and reports of meetings. J. “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. “Credit Bureau” mean any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. “Chargeoff Date” means xx/xx/2010 M. “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have the actual physical possession. As long as defendant has a superior right to compel the production from a third party ( including an agency, authority or representative) Defendant has possession, custody or control. Interrogatory 1 Identify all persons who participated in the preparation of the answers to these interrogatories Response Interrogatory 2 If Defendant denies having received the Card identify any persons whom defendant believes may have received the Card Response Interrogatory 3 If Defendant Denies having used the Card identify any persons whom defendant believes may have used the card and state whether each such person was authorized by defendant to use the card. Response Interrogatory 4 If defendant denies having accepted each advance on the card, identify each advance or charge on the card that defendant disputes. Response Interrogatory 5 If defendant has reufsed to admit request for admission no. 9 state the factual basis of any such refusal to admit. (no.9 Until at least the charge off date issuer sent to defendant on a monthly basis a statement of charges and balance due on the account) Response Interrogatory 6 If defendant has refused to admit request for admission no. 12 stat the balance that defendant belives to have been due on the account as of xx/xx/2010 and explain how such balance was calculated. (no. 12 The balance due, owing, and unpaid on the account, after allowing all just and lawful payments, credits and offsets, was $3k as of xx/xx/2010.) Response Interrogatory 7 If defendant has refused to admit request for admission no. 13 stat the date and amount of each payment that defendant has mad on the account since xx/xx/2010. (no.13 defendant has made no payments on the account since xx/xx/2010.) Response Interrogatory 8 If you have reused to admit request for admission no. 14 state the facts on which you base your refusal to admit. (no. 14 defendant is indebted to plaintiff for the amounts asserted in plaintiffs original complaint in this case) Response Interrogatory 9 If defendant contends or believes that the debt that is subject of this suit is the obligation of any person or entity other than defendant identify such other persons or entities and state the facts on which that contention or belief is based. Response Interrogatory 10 If you have refused to admit request for admission no. 15 stat the facts on which you base your refusal to admit. (no.15 defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of defendant.) Response Interrogatory 11 Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot be reasonably anticipated before trial. Response Interrogatory 12 Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such persons anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. Response Interrogatory 13 Identify all persons whose mental impressions or opinons have been reviewed by any person whom you may call as an expert witness at trial. Response Interrogatory 14 If you are disputing only a portion of the account please identify which portions of the account are disputed and which are not and state the reasons for any such disputes. Response I, SPACEJAM, state under penalty of perjury under the laws of the state of Washington that the preceding answers and documents are true and correct. Spacejam signature and date
  20. Here is the Request for production IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY CACH LLC VS SPACEJAM To: SpaceJam, defendants, and through defendants attorney of record, Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions regarding requests for production As to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the law office XXXXX for inspecting, copying or photographing pursuant to rule 34 of the Washington rules of civil procedure. These requests apply to all described documents and tangible things over which defendant has possession, custody or control and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to defendant within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase “possession, custody or control” has the meaning set forth in the definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. description of document 2. date of disposal or loss 3. manner of loss 4. reason for disposal or explaination of loss 5. person authorizing disposal 6. persons having knowledge of disposal or loss 7. person disposing of document Authentication and use at hearings and trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. Scumbag lawyer Definitions A. “issuer” refers to GE Capital Retail Bank B. “Account” or “the Account” refers to account number XXXXXXXXXXXXXXX C. “Card” or “the Card” refers to the credit card that was issued on the account D. “Defendant” “you” “your” or “yours” refers to Spacejam E. “Plaintiff” refers to Cach LLC and encompasses any person, employee, or other entity authorized to act on plaintiffs behalf. F. “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone numbers; (5) the person’s employer and job title (6) if the person is a former employee of defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of defendant but has some other connection with defendant, for example, agent, independent contractor, officer, director, or customer, the person’s connection with defendant. G. “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian and contents. H. The word “Document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of defendant or defendants attorneys, agents employees, trustees, representatives, professional accountants and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received including without limitation; writings’ printings, drawings, graphs, charts, notes, typewritings, photographs, slides, or data compilation of any nature whatsoever, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. I. “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/ or recordings of telephone calls and reports of meetings. J. “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. “Credit Bureau” mean any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. “Chargeoff Date” means xx/x/2010 M. “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have the actual physical possession. As long as defendant has a superior right to compel the production from a third party ( including an agency, authority or representative) Defendant has possession, custody or control. Request for Production 1 If defendant denies having received the Card please produce all correspondence between issuer and defendant. Response Request for Production 2 Please produce defendants checking account record for the period from 10/19/2003 Response Request for Production 3 Please produce all billing statements from Issuer to Defendant Response Request for Production 4 Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. Response Request for Production 5 Please produce true copies of all payments Defendant made on the Account I, SPACEJAM, state under penalty of perjury under the laws of the state of Washington that the preceding answers and documents are true and correct. Spacejam signature and date
  21. my apologies i typed it into word and when i pasted it here the format looked correct but then it got all jumbled.
  22. Here is the Request for Admissions IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY CACH LLC VS SPACEJAM To: SpaceJam, defendants, and through defendants attorney of record, Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions regarding requests for Admissions Pursuant to rule 36 of the Washington rules of civil procedure, you are requested to admit the truth of each of the matters stated below and to admit the genuineness of each of the documents attached as exhibits hereto. You are to respond to each of the following requests in writing and under oath within thirty days after service, by deleiver or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason(s) you cannot truthfully admit or deny the matter. Please note that if after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Plaintiff will object at trial or any hearing to your use or attempted use of any evidence that is inconsistent with matters that you have admitted or that you have failed to deny on a timely basis. Authentication and use at hearings and trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. Scumbag lawyer Definitions A. “issuer” refers to GE Capital Retail Bank B. “Account” or “the Account” refers to account number XXXXXXXXXXXXXXX C. “Card” or “the Card” refers to the credit card that was issued on the account D. “Defendant” “you” “your” or “yours” refers to Spacejam E. “Plaintiff” refers to Cach LLC and encompasses any person, employee, or other entity authorized to act on plaintiffs behalf. F. “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone numbers; (5) the person’s employer and job title (6) if the person is a former employee of defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of defendant but has some other connection with defendant, for example, agent, independent contractor, officer, director, or customer, the person’s connection with defendant. G. “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian and contents. H. The word “Document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of defendant or defendants attorneys, agents employees, trustees, representatives, professional accountants and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received including without limitation; writings’ printings, drawings, graphs, charts, notes, typewritings, photographs, slides, or data compilation of any nature whatsoever, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. I. “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/ or recordings of telephone calls and reports of meetings. J. “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. “Credit Bureau” mean any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. “Chargeoff Date” means xx/xx/2010 M. “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have the actual physical possession. As long as defendant has a superior right to compel the production from a third party ( including an agency, authority or representative) Defendant has possession, custody or control. Request for Admission 1 Defendant applied to issuer for issuance of the card Response Request for Admission 2 You signed the original application for the card Response Request for Admission 3 You used the card to make purchases or obtain extensions of credit Response Request for Admission 4 Defendant received the card Response Request for Admission 5 Defendant accepted the card Response Request for Admission 6 Issuer made cash advances to defendant, either as actual cash or in payment for purchases defendant made from third parties by using the card Response Request for Admission 7 Defendant accepted each such advance on the account Response Request for Admission 8 By accepting each such advance under the terms of the agreement applicable to the account defendant became bound to pay the amounts of such advances. Plus any additional charges provided for in such agreement. Response Request for Admission 9 Until at last the charge off date issuer sent to defendant on a monthly basis a statement of charges and balance due on the account. Response Request for Admission 10 Defendant did not, within sixty days of the date fo any billing statement on the account send to issuer a written dispute of the billing statement. Response Request for Admission 11 Defendant has failed to repay all of the advances made by issuer on the account Response Request for Admission 12 the balance due, owing and unpaid on the account after allowing all just and lawful payments, credits and offsets, was $3k as of xx/xx/2010 Response Request for Admission 13 Defendant has made no payments on the account since xx/xx/2010 Response Request for Admission 14 Defendant is indebted to plaintiff for the amounts asserted in plaintiff’s original complaint in this case. Response Request for Admission 15 Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of defendant Response I, SPACEJAM, state under penalty of perjury under the laws of the state of Washington that the preceding answers and documents are true and correct. Spacejam signature and date
  23. HELP!! I just received 3 documents 1 request for interrogatories, 1 request for admissions, 1 request for production. I will try to post all 3 docs, on here. Not sure how to respond. I do not want to incriminate myself. Thanks!!
  24. All, So I have filed my answer with the court with certificate of service, i have cmrr a copy to the lawyer from the summons. What do i do now? Is there some steps i should be doing in preparation?
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