Slothrop Dorsett Case

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  1. We had a legal aid file the answer. So I know this was correctly served/filed. But when reviewing the answer I think she may have filled it out WRONG. on the answer she checked "B - defendant admits all of the statements of the complaint or cross complaint are true except:" below that it says: 1) defendant claims the following statements are false: (theres nothing written in, it's empty) then on the BACK of the answer (not sure how this got printed out this way) it says: 4. X (a box checked) AFFIRMATIVE DEFENSES: 01. as a first affirmative defense defendant alleges that he does not owe this debt 02. as a second affirmative defense defendant alleges he has not received adequate documentation to show that the plaintiff is the real party in interest to pursue this action. 03. as a third affirmative defense, defendant alleges that the account sued upon is not his account. 04. as a fourth affirmative defense defendant alleges that the action is barred by the statute of limitations. 05. as a fifth affirmative defense defendant alleges that the action is barred under the doctrine of latches. 06. as a sixth affirmative defense defendant alleges that the complaint does not contain facts sufficient to state a cause of action against the defendant.
  2. We did assert affirmative defense SOL in the answer (amongst a few others). We did file the answer with the court properly and serve it to the plaintiff. I should probably delete this thread and move discussion to the other.
  3. Could anyone offer any suggestions in regards to my concerns listed above? I'm not sure if I should go for a bill or particulars, motion summary judgement, motion to dismiss, or all three? Thanks.
  4. We have already reviewed and printed out every statement for every bank account he owns and reviewed the records just to double check, the records reflect no payments to anyone, and he definitely did not pay in cash or some other form. Thank You for the advice. We are in a very serious financial situation as a family, and it's proven incredibly difficult to find attorneys pro-bono and or free legal aid on this civil matter. We certainly can not afford to pay for representation, he is disabled also, the only income he has. You wouldn't happen to have any insight regarding if the service/proof of service and answers sent last night via fedex is proper/acceptable? Thank You soo much!!!
  5. They are claiming a payment was made on 12/31/2012 but this is absolutely false. They have even gone as far as to ask this in discovery. They actually, even included a forged document EXHIBIT 2 in the discovery sent to us (It is a forged account transaction sheet on CAVALRY letterhead showing a $470 credit made on 12/31/2012) This document is completely fake, no payment was ever made on 12/31/2012. They try to get us to admit this in discovery but we disputed it. They have done the same to many others here on the forum (Lying and saying a payment was made specifically on new years eve that convienently would place it inside the SOL). No payment was EVER made to cavalry, the last payment on the account was made to Bank of America (we can prove this) and it was well over 4 years ago. I have been following the advice on these threads, your advice in particular has been INCREDIBLY helpful and I just want to say thank you! based my answers to discovery on answers from the first linked thread by Ruby Tuesday, shes being sued by the same JDB and law group, and her discovery questions were 100% identical to mine even in order written.
  6. My dad is being sued on a debt that is SOL, I helped him finish his answers to the discovery interrogatories. He has asked me to service it to the plaintiff by mail. Do I send the original INK signed sworn answers to the plaintiff, or a photocopy and keep originals for his records? I already served the documents last night but fear I may have done it wrong. When the plaintiff sent HIM Discovery the plaintiff appears to create his own proof of service on pleading paper and includes a copy of it INSIDE the envelope sent to us? I did the same exact thing and created my own PROOF OF SERVICE sheet based on plaintiff's I received (Instead of using OCCOURTS POS form L2409 here: http://www.occourts.org/forms/local/l2409.pdf) I sent plaintiff a filled out and signed PHOTOCOPY of my own DIY POS sheet inside a fedex envelope with a photocopy version of the signed answers (What I sent to plaintiff can be seen here as PDF: https://drive.google.com/file/d/0BzQlOmufmAEtZ0RkN2J4dHBZRm8/view?usp=sharing it's a photocopy of the signed answers and photocopy of the free-hand POS form I created). Is what I sent valid?(A photocopy) & Can the ink-verson DIY POS Sheet be filed with courts? Thank You!
  7. Hello CreditInfoCenter Forum, I am currently being sued by CAVALRY SPV I, LLC. In California. This is a limited civil suit under $25,000 on a Bank of America credit card from 2009 that is long past the Statute of Limitations. I’ve attached heavily redacted versions of every article from the plaintiff, and every article of my own (the defendant). Please refer to these in the attached PDF form files. I could really, really use some guidance on how to proceed — this is my first time in a civil suit (or a suit of any kind) and I can not afford legal representation, so I have been forced to represent myself — Defendant in Pro Per. I am trying to the best of my abilities to navigate the legal spider web of the rules of procedure, but still I seem to be getting tangled up at every corner. At this point in time we are in the discovery process, and have completed a case management meeting, the plaintiff has served me Form Interrogatories, Special Interrogatories and Request for Admissions, I have only served an answer to the complaint, it’s unfortunate that I found this forum very late in the process, as I have one day left to respond to discovery set one (It must be mailed on the 9th) and I have only completed my response to FORM INTERROGATORIES, and even that I am very unsure of. I sought free legal aid to file my initial answer, I had the lawyer assert a number of affirmative defenses in my answer including Statute of Limitations, but I am not sure based on reviewing the answer filed that the lawyer filled out the answer in the ideal way. The lawyer failed to suggest to me Motion to Dismiss based on SOL, or demurrer SOL or Motion for Summary Judgement SOL, which I have since learned about on my own. CAVALRY SPV I, LLC. Has not sent me anything that would be construed as proof that they are the legal owner of this debt, yet they expect me to answer discovery revealing private banking information to what could potentially be a third party with no right to know? The initial summons and complaint state three credit card account numbers that did not appear anywhere in my records, and were not the original Bank of America account number. They are claiming in MULTIPLE places within discovery and complaint that I made a payment to them on 12/31/2012 and I made no such payment. I only have two bank accounts and have the records to prove that no payment was made to CAVALRY SPV I, LLC. from either account, let alone a payment on New Years Eve which assuredly anyone sober would recall. They have even gone as far as to completely FORGE a document in EXHIBIT 2 — This document is on CAVALRY letterhead with their company logo, an account number they seem to have made up out of thin air, and little more than a short transaction history of a credit that was never made, and a few adjustments I do not understand. (It seems this is a common tactic for CAVALRY, after reviewing their other suit in this Sub-Forum). I paid for and downloaded every article on file at the court’s website for this case, nothing related to chain of title or bill of sale anywhere. I have a number of concerns: 01. They have not proven ownership of the debt nor even tried to, and are asking for private banking information VIA Discovery? 02. The account numbers in the complaint are not the original Bank of America account number (Though they did later list the original account # in Discovery)? 03. Their SPECIAL INTERROGATORIES are basically empty except for a few definitions that relate to the REQUEST FOR ADMISSIONS, there are no questions in the SPECIAL INTERROGATORIES? Can definitions within SPECIAL INTERROGATORIES be applied to REQUEST FOR ADMISSIONS?! 04. Within the REQUEST FOR ADMISSIONS, they have a single request asking me to verify the documents in EXHIBIT 1 — EXHIBIT 1 is 52 pages of Bank of America credit card statements that COULD possibly be from my account, but I do not have many records of this account to compare to so I have no way of authenticating for certain? and they have already forged a fake transaction history document in EXHIBIT 2 so I have means to believe they could have done the same in exhibit 1? Further the last 12 pages of EXHIBIT 1 are Bank of America monthly credit card statements IN SPANISH, I do NOT speak Spanish?! Isn’t this also unjustly compounded? Using one request to ask me to authenticate over 52 pages of documents that are separate monthly credit card statements? The documents in EXHIBIT 1 are NOT NUMBERED or sequenced in ANY WAY so it would be impossible for me to individually accept or deny certain parts, I’d have to accept all 52 pages of statements in entirety as authentic? 05. One of the Discovery documents has my name spelled incorrectly. 06. I read something saying that they are required to try Alternate Dispute Resolution/ADR but they have not, they included an ADR Packet, but the ADR Section of the complaint was empty/not filled in and appears it is supposed to be? I have many other complaints and concerns but these are some off of the top of my head, I could really use any and all assistance in regards to this case and the best way to proceed, I honestly can not afford to lose, it would basically be the end of my family at this point, yet I can not afford representation either. Thank You very much for your time and Consideration, plaintiff_(full)_redacted.pdf defendant_(full)_redacted.pdf DRAFT form interrogatories (Answer) redacted.pdf