para105

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About para105

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  1. Awesome! Thanks guys. I am so impressed with the knowledge I find here! It's comparble to some offices I've worked for in the past.
  2. So I received a letter from LRLO attorney threatening to file motion to compel for "incomplete objections w/out merit regarding my responses to discovery. Since they attached statements to my discovery requests, attorney said I must admit to all admission requests. with Any responses are greatly appreciated. 1. Since they have attached statements, do I admit all questions? QUESTION 1: I applied for and received the credit stated in the plaintiff’s complaint from GE CAPTIAL RETAIL BANK. ANSWER: Denied. QUESTION 2: I used the credit stated in the plaintiffs’ complaint. ANSWER: DENY QUESTION 3: I understood that by using the credit, I agreed to the terms and conditions set forth in a written agreement by and between myself and GE CAPITAL RETAIL BANK. ANSWER: DENY Plaintiff has presented no documentation in support of this question by which the Defendant could reasonably answer this interrogatory QUESTION 4: I received billing statements from GE CAPITAL RETAIL BANK for the account stated in the plaintiff’s complaint having last four digits 3344 ANSWER: DENY Plaintiff has presented no documentation in support of this question by which the Defendant could reasonable answer this interrogatory QUESTION 5: The billing statements indicate the amount of interest being charged. ANSWER: DENY Plaintiff has presented no documentation in support of this question by which the Defendant could reasonable answer this interrogatory QUESTION 6: I failed to make payments on the account stated in the plaintiff’s complaint having last four digits 3344 in the amount set forth in the plaintiff’s complaint. ANSWER: DENY Deny with Objection: Calls for conclusion that Defendant has already denied. Also, Plaintiff has presented no documentation in support of this question by which the Defendant could reasonably answer this interrogatory QUESTION 7: I have made a payment toward the balance owed in the account stated in the plaintiff’s complaint having last four digits 3344 within the four years prior to 04/07/2014. ANSWER: DENY Deny with Objection: Calls for conclusion that Defendant has already denied. Also, Plaintiff has presented no documentation in support of this question by which the Defendant could reasonable answer this interrogatory. QUESTION 8: I have not paid plaintiff in the amount of $1011.28. ANSWER: ADMIT
  3. I agree w/waiting. In the mean time, I'm trying to upload the redacted statements so someone can weigh in on why they might be that way. I don't see how to do that.
  4. Shellieh98, I have already sent my responses. I just need to start working on my defense. OP objected to all my requests but attached statements and bill of sale.
  5. You're not missing anything. They did file after hearing. Judge was not quite happy with the fill in attorney. When she asked him why he did not file one he put his head down and said "oh-oh I was not aware of that". She ordered him to get it in and also ordered to make contact with me since I informed her of the many failed attempts of contact w/OP. Judge denied arbitration and scheduled SC hearing and trial.
  6. Hello everyone. Can someone please help me with a timeline to follow. I've been served, filed an answer, filed & attended CMC, and now doing discovery. OP finally sent CM Statement & in it stated I agreed to early settlement conf., which I did not. Should I leave it be or respond? Thanks 1. Who is the named plaintiff in the suit? - Portfolio Recovery Assoc 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Legal Recovery Law Offices 3. How much are you being sued for? - $1011. 4. Who is the original creditor? (if not the Plaintiff) - GE Capital 5. How do you know you are being sued? (You were served, right?) - Summons served 6. How were you served? (Mail, In person, Notice on door) - In person 7. Was the service legal as required by your state? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None 9. What state and county do you live in? - California, Tulare 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - According to their claim, in 2012 11. What is the SOL on the debt? - 4 years in California 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name) - Complaint filed: 04 /07, 2014; Summons & Complaint served: 7/4/14 - General denial (PlD-C-010 form) Answer filed: 7/30/14 - Plaintiff's RFA, Special Interrogatories, and RFP served 08/29/14 - Defendants Answers to RFA, Special Interrogatories, and RFP- not completed - Defendant's RFP’s served- 09/09/14 - Plaintiff's Answers to RFP served 10/08/14 - MSC scheduled for 03/04/15 -Readiness Conference for 04/03/05 - Trial scheduled for 04/06/15 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No 14. Did you request debt validation before the suit was filed? (Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.) - No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. - Already responded 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Account Stated 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - There is an attached “Affidavit of Venue” which states the aforementioned after stating the proper jurisdiction language. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -Yes. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is no evidence with the summons and complaint Thank you, Para