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namasch's Achievements


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  1. Do I need to file these responses with the court? I can't tell whether they filed their requests with the court. Thank you.
  2. In reading the forum you linked to, I still wonder how to respond to the Interrogatories? Any advice? Also, where can I find the discovery templates "( RFA, Special ROGS, Document Demand)" Thank you
  3. So, I filed my general denial, and also sent the M&C as suggested above. They replied to the M&C saying that they didn't need to produce a contract and that because a payment had been made on the account on the statements they did send, that showed that I accepted that the debt was mine. I don't have the letter handy at the moment. However, I have a follow-up... they have now sent a letter with "Specially Prepared Interrogatories; Requests for Admission, and Demand for Production of Documents". and they demand that I respond by Aug. 3 (I received it some time ago, but have been overwhelmed with other priorities.) Am I actually required to respond? Of course, their language implies that I don't have a choice but to respond. Any advice would be welcome. Special Interrogatories include: Did I request a credit card account from Capital One? Was I issued an account? When was the account opened? Who else had a card on the account? Who was authorized to use the account? Did I use the account? Is $#### the balance due on the account as of April 5, 2017? If no, state facts for denial. Was the card ever lost or stolen? Is there unresolved problem that was reported in writing to Capital One? Did I receive statements? When was my last payment? Have I ever corresponded in writing regarding the account with Capital One? State all facts supporting general denial. State all facts supporting affirmative defense. Requests for Admission: Admit ownership of account number ######. Admit receiving periodic statements for said account. Admit the balance owed by me on said account as of April 5, 2017 was $####. Admit no payments have been made on said account since April 5, 2017. Admit the last payment was made wince April 5, 2014. Demand for Documents: All correspondence with the bank or any collection agency within the past 5 years regarding said account. Same as #1. Proof of the last payment made (e.g. back account debit.) All documents supporting affirmative defenses. All documents supporting general or specific denials.
  4. Is there a Meet and Confer template available?
  5. The online case file says personal. However, I will treat it as if it were legal, as I figure that it would be risky not to respond within the 30 days. If it goes to trial, perhaps I can bring it up as a point where the plaintiff didn't follow proper procedure?
  6. I have NOT received a 2nd copy, and it has been 3 weeks already. Does this mean that the service was NOT legal? My husband answered the door, and I was busy with the baby, so I did not interact with the server at all. Given that it was not served properly (as I haven't received a copy in the mail), can I use that in my response to the complaint?... to argue that the case should be dismissed because I wasn't served properly... or something like that?
  7. So, I just received the Bill of Particulars yesterday. They only sent statements starting in Jan. 2015. Their letter states that reserve the right to send additional statements should they become available as a "Supplemental Bill of Particulars" The included statements only have 2 purchases for about $80 of the total claimed amount they are suing for. Also, interest for those months of statements and late fees for some months after minimum payments stopped being made. My question now is this.... does this affect what I file as my response in any way? My response is due by next Friday.
  8. I mailed the BoP with CMRRR today, and I just realized I didn't include the Proof of Service. I guess I'll have to send it again. It won't count in the court without that right? Even if I have the CMRRR? Oh, and if I resend the BoP... I have to have someone else mail it? because I can't serve it as a party to the action?
  9. I sent the DV in mid February. I actually didn't manage to send it within the 30 days, but they responded anyway. I think they sent me the last year's worth of statements. So you're saying that I should request every single monthly statement in the BoP?
  10. Hi AuthorCat, In response to my letter for debt validation, they sent me capital one credit card statements for the debt, so they have sent me evidence even though it wasn't attached to the complaint. I'll take a look at the BOP. Thank you for your response!
  11. Thank you in advance for any and all help! 1. Who is the named plaintiff in the suit? - Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Hunt & Henriques 3. How much are you being sued for? - $3267.08 4. Who is the original creditor? (if not the Plaintiff) - N/A 5. How do you know you are being sued? (You were served, right?) - Summon served 6. How were you served? (Mail, In person, Notice on door) - In person (to my husband, not to me) 7. Was the service legal as required by your state? - I don't know (Can someone tell me if having summons served to my husband is legal? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - They had sent a dunning notice - I requested DV they complied within statutory time. - They sent an intent to sue letter - They initiated negotiations for mutual settlement, and gave me until April 10 to respond, but filed the lawsuit on April 5. When I called to finalize negotiations on April 10, I was told they had already filed suit, so I did not follow through on the negotiations. - Received summons on April 27. 9. What state and county do you live in? - California, San Diego 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - September 2015 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: 04/05/17; Summons & Complaint served: 04/27/17 - Summons Filed 04/05/17 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.) - Yes 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. - 30 days (May 26) 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. - Common counts 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. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -No 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 or complaint. Any advice?
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