BrokeBaker

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About BrokeBaker

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  1. @calawyer After confirming, the case was filed at the Chatsworth Superior Courthouse on 3/18/2014. This is 6 months after SOL expired. @Anon Amos and @shellieh98, I'm not interested in a countersuit or Rosenthal act violation. I just want this case dismissed and put behind me. Part of me wants to stick it to them, but I just have too much going on and not that much more "fight" in me. Are there other things you think I need to file? (I know ShellieH98 says I should have been on top of this, but wondering if I dropped the ball on anything critical to the main case) So, @calawyer, basically my next step is to file a CCP 96 45 days before the court date. right? -Ms. Broke Baker
  2. I've actually been diligently working on getting discovery for the last 7 months, and it took a long time. Because I got the support I needed by reading other people's threads (I didnt want to ask questions if the answer was already in the forum), so I haven't needed to post in my own thread for support in a long time. I can see why it might have looked like I wasn't on top of my own case, but believe me, this girl was on top of things. Getting credit reports, getting statements, getting evidence from JDB, several meet and confer letters, etc. I'm in the process of making sure that I'm on top of things now that I'm about 8 weeks away from the trial. If I've missed something specifically @shellieh98, please let me know. I'm always happy for the support. (I see Calawyer's recommendation of CCP 96). Ms. Broke Baker
  3. My trial date is on June 5th, and all the information provided by Kenosian (Plaintiff's attorney) during Discovery shows that the JDB doesn't show I made any payment after September 2009, which means when they served me in March 2014, the lawsuit was barred due to Statue of Limitations. (they would have had to serve me before 9/30/2013) Given that I have about 8 weeks left before trial, I will need to figure out what my next steps needs to include. Also, I remember reading on a thread something about how to handle the affidavit that was provided (I know I want to get it thrown out, but I have to find what others have recommended). Thanks to everyone that has supported me so far. If you read this, any tips you can provide would be appreciated. Also, I'll be private messaging some of you by the end of the week. including @Seadragon @shellieh98 @calawyer @HomelessInCalifornia @Anon Amos -BB
  4. @Anon Amos Thanks for multiple points. In May 2014, I sent JDB a request for BOP, and they only sent me credit card statements from 1/7/2008 - 6/7/2009. I opened the account in 2007. The statements JBD provided showed that my last payment was made in October 2008. They have statements from November 2008-June 2009 and there was no payment made during those dates. JDB doesn't have any more statements to cover the end of 2009 or into 2010. JDB sent me a RFD, one of which includes a request for credit card statements up to 12/2010. They also sent CHASE a subpoena asking for statements up to 2010. Which means they have no proof that a payment was made within the last 4 years (which I know there wasn't because of my financial situation). JDB has no statements to prove a payment was made, which is why they are asking me and Chase for statements. In May, I sent request for BOP, and got nothing. June 4th, I sent them a meet and confer letter, asking for all documents I originally requested in the BOP. This included all statements from creation of the account to the account's closure. They have failed to respond. I was waiting on JDB's response to BOP, and then I was waiting on a response to my M&C letter, before I did formal discovery. Also, in my Answer, I did use SOL as an affirmative defense. I had about 18 other affirmative defenses listed, but for sure SOL was one of them.
  5. In addition tot he request for production of documents (which I've detailed in the earlier post), they also served me Request for Admissions. In this document, they requested that I admit that all documents provided to me are "genuine". The documents are 18 bank statements. How do I respond to this? Do I deny since they aren't originals, or do I admit they are genuine. They do look like my statements, because there are a lot of familiar charges as I looked through them. Please advise if you can. -BB
  6. After much work, I cannot get any bank statements that show when the last payment was made to my chase credit card. That Bank Account has been closed, and the Bank itself no longer exists (It was a Washington Mutual Account that I used to pay that credit card, because it was a Washington Mutual Bank credit card. Chase bought WaMu). That WaMu account was closed 5 years ago. So, I don't have proof of the last payment I made. But I KNOW the last payment was in 2009 at the latest. And no matter how you slice it, that's 5 years ago. But I can't go right for the SOL argument because I don't have the smoking gun proof. So, I need to provide an Admission or Denial of the 8 requests for admissions. I guess what I am confused about is how can I deny knowledge of the account and then later argue "but I know enough about the account to know that I haven't made a payment in 5 years". The language that some have suggested for me don't seem like it'll work. And, I haven't been able to find a sample Response to RFD. ======================= I'm working on this tonight, and so on pleading paper, I have refined my responses to the "Request for Document" as below, but it still seems fishy to me. 1. Admit that you applied for a credit card from now bearing account number xxx Should I say: Denied. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. Question: I can't confirm whether the Chase Credit Card I had it the same account number on their documents. How do I resolve? 2. Admit that you received a credit card from CHASE BANK USA now bearing account number xxxx Should I say: Denied. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. Question: I can't confirm whether the Chase Credit Card I had it the same account number on their documents. How do I resolve? 3. Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years. Denied. 4. Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxx Denied OR Admit??? I did become delinquent thought. Do I add "Plaintiff has requested information that should be in Plaintiff's possession."? 5. Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx. Should I say: Denied. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. Question: Even if I know there was a balance left on the card, I still deny? 6. Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx Cannot truthfully admit or deny the matters set forth in this request because he does not have knowledge of these matters, and despite reasonable inquiry into the matter by reviewing all of the records and information available to him, to obtain information from which the truth or falsity of the matter might be learned.Cannot truthfully admit or deny the matters set forth in this request because he does not have knowledge of these matters, and despite reasonable inquiry into the matter by reviewing all of the records and information available to him, to obtain information from which the truth or falsity of the matter might be learned. 7. Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxx Cannot truthfully admit or deny the matters set forth in this request because he does not have knowledge of these matters, and despite reasonable inquiry into the matter by reviewing all of the records and information available to him, to obtain information from which the truth or falsity of the matter might be learned. 8. Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxx Denied. Defendant has failed to provide information to substantiate this request.Plaintiff has requested information that should be in Plaintiff's possession. OR Cannot truthfully admit or deny the matters set forth in this request because he does not have knowledge of these matters, and despite reasonable inquiry into the matter by reviewing all of the records and information available to him, to obtain information from which the truth or falsity of the matter might be learned. ======================================== If you have any information or a sample response, I'd love to see it. i just don't feel confident on the responses because I'm confused on possibly being contridictory.======================================== Thanks!
  7. I have the statements up until June 2009, which were provided by JDB. Those statements show that 11/2008 was the last payment. There was no payment 12/2008 through 06/2009. The bank account that I used to make payments on this card was closed in 2009. And after that, I'm pretty sure that a payment wasn't made after that. I will call Chase Bank with the account number listed on the statements to see if I can find out when the last payment was AND to get a copy of that last statement. Not sure what they have, but I can at least try. If my research turns up nothing, can I say: Defendant denies knowledge of any payment made after November 2008. Plaintiff has requested information that show be in Plaintiff's possession. Have I got that right?
  8. @HomelessInCalifornia there was an open-ended question for #3: 3. Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years. Deny. but what else do I say? The last payment I see was 11/2008. Based on the account statements the JDB gave me, the last payment they show is 11/2008, but they don't have any statements after June 2009. I don't believe any payments were made after 11/2008, but I need to prove it, right? Or is that their burden? Do I just say Deny/Denied/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possesion.
  9. Upon reviewing statements, Kenosian hid (or mis-stapled) an Attachment to their Request for Production of Documents. On pleading paper they requested: Any and all copies of statements relating to the CHASE BANK USA credit card from 3/14/2007 through this date Any and all documents related to any allegations of identify theft that I have filed... Copies of payments made on the credit card from 3/14/2007 through this date. Any and all correspondences from 3/14/2007 through this day between Chase Bank and myself related to this card Any and all correspondences from 3/14/2007 between me and any credit reporting agency related to this Chase Bank card Any and all documents that evidence any kind of payment on the Chase Bank card between March 14, 2007 to present Any and all documents that evidence the Chase Bank card has been paid in full Any and all documents that are not described above related to the card bearing account number XXXXX@Anon Amos agreed that I can respond with all 8 of these items with what's in green: After diligent search and reasonable inquiry, defendants are not in possession, custody, or control of any responsive documents to the request. Inquiry is ongoing and if documents become available at a future time, defendants will amend this response.] And then, on plain white paper titled "Attachment", Kenosian requested admission of: 1. Admit that you applied for a credit card from now bearing account number xxxxx. 2. Admit that you received a credit card from CHASE BANK USA now bearing account number xxxx 3. Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years. 4. Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxxx. 5. Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx. 6. Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx. 7. Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxxx 8. Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxx @calawyer , @Seadragon, @HomelessInCalifornia , would this work for the above "admits": Is this an appropriate response?: I'm currently looking for samples in other people's threads. The below language was borrowed from @1111girl 1. Admit that you applied for a credit card from now bearing account number xxxxx. Deny/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. 2. Admit that you received a credit card from CHASE BANK USA now bearing account number xxxxDeny. (or should I say "Objection"?). Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. 3. Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years. Deny. but what else do I say? The last payment I see was 11/2008. Based on the account statements the JDB gave me, the last payment they show is 11/2008, but they don't have any statements after June 2009. I don't believe any payments were made after 11/2008, but I need to prove it, right? Or is that their burden?4. Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxxx.Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. 5. Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx. Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.6. Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx.Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. 7. Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxxxObjection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession. 8. Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxxDeny/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
  10. @Seadragon I'm thinking that once I 100% confirm the SOL expired, I could quash/squash on two counts: SOL expired and they had no documents prior to litigation. I'm going to look into this further. Thanks for the idea.
  11. @skippy1960 I've ordered my credit report and will look at it today to confirm. I always thought my last payment was 11/2008 because I has just started a business then and basically have been broke ever since then. (closed the business, haven't had steady work since closing in 2010). The statements that they gave me prove that the last payment was 11/2008. But you raise a good point: perhaps there was a one-off payment after that time period that I just don't remember. I don't have that bank account anymore (it was closed), so I have no way to show, via bank statements, when the last payment on a card was 5 years ago. But hopefully the credit report will show that. Thanks for this very important reminder: I need to have 100% certainty that SOL is expired. It wasn't my only affirmative defense, but it's one of the strongest ones.
  12. @calawyer @shellieh98 and others: I reviewed @1111girl and @ASTMedic and a few other threads. It can be a bit of a wormhole at times, lots of information to take in. From what I gather, I should wait on my discovery requests until file a Meet and Confer Letter because JDB's BOP responses were weak. It's clear they don't have any of the BOP because they are subpoena'ing the OC to get those documents. Is the letter below the letter I should send? ------------- June 4, 2014 Law Offices of Kenosian & Miele, LLP 8581 Santa Monica Boulevard, #17 Los Angeles, California 90069 Re. Asset Capital Recover Group, LLC, Plaintiff, vs. Broke Baker, Defendants, Superior Court of California, Chatsworth Courthouse Attention: Kenneth J. Miele, Attorney for Asset Capital Recovery Group, LLC I am in receipt of Plaintiff’s responses to Defendant’s Request for Bill of Particulars for the above referenced matter. As you must know, the responses received are incomplete in material ways and further responses are required. This is an attempt to meet and confer to avoid the necessity of motions to compel. For ease of reference, I set forth below defendant's request, plaintiff's response, and the reason why a further response must be provided: On May 14, 2014, Defendant sent to Plaintiff a Demand for a Bill of Particulars pursuant to CCP 454. On May 27, 2014, Defendant received Plaintiff's response, which was wholly inadequate as it did not comply with the requirements of CCP 454. Plaintiff has not produced all account statements justifying the amount claimed to be owed in the complaint. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. Plaintiff has not provided the underlying contract referred to in the complaint. Plaintiff has not shown bill of sale. Such basic information is required to prove Plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how Plaintiff acquired a good faith basis to file the lawsuit. Indeed, Plaintiff has only provided STATEMENT CONCERNING CHASE BANK USA CARD ACCOUNT #xxxxxxx WITH A PAYMENT DUE DATE OF JANUARY 7, 2008 THROUGH JUNE 07, 2009 . Defendant hereby requests a further accounting of the alleged account to include all statements for the life of the account showing date of each transaction, the price or charge made for each transaction, all payments or credits that have been made to the account, a detailed accounting of how plaintiff calculated the alleged amount owed, bill of sale, and all other items as originally requested in Defendant’s Bill of Particulars dated May 14, 2014. Plaintiff is granted 15 days from the date of this letter to fulfill this request. Please serve a full response on or before June 19, 2014. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. Respectfully, Broke Baker Defendant, Pro Per Dated: June 4, 2014 ________________________ DEFENDANT, BrokeBaker
  13. Hi all, l've been quietly plugging along and I'm in need of group assistance again. On 5/31: I received the response to my request for BOP On 5/31: I received a Pleading Paper document called "Plaintiff's Request for Production of Documents, Set One" On 6/2: I received a copy of a subpoena that will be sent to the OC. There is a cover sheet on top of the subpoena called "Notice to Consumer or Employee And Objection, let's me know that I can attempt to squash or modify the subpoena. Given all of these items came at the same time, I'm not sure how to respond and which order. Looking for feedback. Let me share what is in front of me. BOP Update I submitted the Request for BOP, and the firm got me a response within ten days. I just received it via uncertified mail on Saturday 5/31. However, it's sparse. Based on the fact that the Plaintiff is subpoena'ing all statements from the OC, it's clear that they only sent me what they had. The Facts Kenosian and Miele only provided statements from 1/7/2008-6/7/2009. It seems they have done this with other's who have posted on the forums. It appears that my last payment on the credit card in question was November 2008. Statements they provided me from 12/2008 - 6/2009 show no payments made during that timeframe. With SOL in California being 4 years, that means the SOL expired December 2012. And this suit was filed March 2014. As I read @eyoung27 ’s thread, I saw that @shellieh98 said that Plaintiff must provide statements beginning at $0 balance up until the last statement so that I can see how they derived the balance they are demanding. They didn't do this. What to do next?: I send a "Meet and Confer" Letter, right? I know I need to tell the Plaintiff that their BOP is deficient and give them 5 additional days to correct it or I will ask the court for a motion to compel/preclude the deficient items. I see the M&C on @ASTMedic feed, [https://docs.google.com/file/d/0B3pn_2wRVGfTbVRwdFJvOEx6d28/edit] Do I also send a Request for Documents, where I ask for the contract, the bill of sale, the purchase agreement to the bill of sale? [https://docs.google.com/file/d/0B3pn_2wRVGfTTkRQMHdlOTIzQTA/edit] When do I complete the California Courts form DISC-015 ? [http://www.courts.ca.gov/documents/disc015.pdf] Second Thing I received: Plaintiff's Request for Production of Documents, Set One" The requests, listed on the pleading paper document are: Any and all copies of statements relating to the CHASE BANK USA credit card from 3/14/2007 through this date Any and all documents related to any allegations of identify theft that I have filed... Copies of payments made on the credit card from 3/14/2007 through this date. Any and all correspondences from 3/14/2007 through this day between Chase Bank and myself related to this card Any and all correspondences from 3/14/2007 between me and any credit reporting agency related to this Chase Bank card Any and all documents that evidence any kind of payment on the Chase Bank card between March 14, 2007 to present Any and all documents that evidence the Chase Bank card has been paid in full Any and all documents that are not described above related to the card bearing account number XXXXX My question: On pleading paper, should I just reply to each of these 8 requests with the following blanket statement that @Seadragon provided to @eyoung27 in her thread: After diligent search and reasonable inquiry, defendants are not in possession, custody, or control of any responsive documents to the request. Inquiry is ongoing and if documents become available at a future time, defendants will amend this response.] Third Thing I received: Subpoena "Notice to Consumer or Employee And Objection The form is titled "Deposition Subpoena For production of Business records". This is the Plaintiff requesting Chase Bank USA, the OC, to provide the following 9 things: Copies of original signed credit card application Any and all disputes from account holder 11/1/2007-12/8/2010 Any and all correspondence to and from account holder between 11/1/2007-12/8/2010 and the banks response to disputes. Statements bearing payments or purchases concerning account number 11/1/2007-12/8/2010 Any or all copies of payments made to account number for the period of 11/1/2007-12/8/2010 If payments were made electronically, provide the name, branch address, etc used to make the payment. Charge off statement concerning the account number Cardholder agreement and/or disclosure statement concerning account number Affidavit of certification and/or authentication under penalty or perjury by the person responding to this subpoena regarding the documents provided. Question: Should I let the Plaintiff request this information from the OC, or should I object to the production of these records pursuant to CCP section 1987? Overall Process Question: When do I submit Motion to Compel and schedule Case Management Conference (CMC)? My trial date is July 2015, BTW. I'd love to hear your thoughts. Tagging @Seadragon @calawyer @Anon Amos @HomelessInCalifornia @eyoung27 @shellieh98 @yellowmate
  14. I found your thread through your profile. Now that I see this information, I see that you're saying there is no debt. General Denial: Under the provisions of Code of Civil procedure sction 431.30(d), Defendent denies generally and specifically each and every allegation contained in the (verified/unverified) complaint, and further denies that he is obligated or indebted to Complainant for the sums alleged, and further denies that Complainant is entitled to the relief prayed for. 1. File your Answer either on Pleading Paper or PLD-C-010 (http://www.courts.ca.gov/documents/pldc010.pdf ) or pleading paper. Start with the general denial, then list your affirmative defenses. I've given you the General Denial language above. Your Affirmative Defenses could include Lack of Standing (I sent you a private message with language for Lack of Standing." Affirmative Defenses that might apply to you: unclean hands failure to state cause of action
  15. Thanks for this, and the template. I will submit this request for BOP in the next week. -BB