navy joy

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About navy joy

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  1. YES! Thank you! I knew I was forgetting something when I typed certified mail. Thanks for the reminder!!
  2. @sadinca Thank you so much! I have read all of HomelessinCalifornia's thread. So inspiring but also intimidating. I think the reality is I dread going to court and would rather avoid it. I keep hoping they'll dismiss because it's not worth the hassle for them but I'm beginning to think that is pie in the sky thinking. I'll go ahead and send my M&C letter via Certified Mail this weekend, Monday morning at the latest.
  3. @sadinca Thank you SO much for your explanations! Is there a timeframe in which I should send a meet and confer letter? Right now, I don't know what to do or what the next steps are. I've filed our answer, just got the copy of it certified by the court today and now what?? Do I wait for them to respond? The court to respond and assign a judge? Send the meet and confer or wait to do that? Thank you, again, for all of the help you've provided up to this point! I'm really grateful for it!
  4. @Seadragon I just looked at the certified mail receipts and then the BOP response dates of when I received their answers and they are in compliance. I did receive the packets (my husband and I sent separate BOPS) within the 10 day timeframe.
  5. Also, @sadinca when do I send the meet and confer letter? And are you firmly not recommending it include a motion to compel? Do I send it to them certified mail? Thank you SO much for your help! The letter is brilliant and addresses each of their objections well!
  6. Thank you so much, @sadinca Got the answer filed on Friday and is recorded as such. Took a deep breath, took the weekend off, as you suggested, and am now turning my attention to next steps. Thank you so much for the meet and confer letter. Can you explain what this is exactly? Am I requesting to meet with them? You had mentioned earlier that some have had mixed results with the meet and confer letter and pushing for motion to compel. Is it something I should pursue? What is the risk in pursuing it? Worst case scenario? Thank you @Seadragon I really appreciate the documents you've linked! I just filed my answer on Friday and am now looking at my next steps which would be a meet and confer letter. Sadinca has been so helpful in providing a template and thoughts on including a motion to compel or not. I am in NorCal and a judge has not been assigned to my case yet. Forgive my ignorance but what are the documents you have attached exactly? and when/how do I send them? To you both, am I completely naive in hoping the Plaintiff will just drop this? Thank you, again, for your help! I am so grateful!
  7. Ok, showing my igorance here but what is OP? I know OC and JDB but OP? I looked at the case online to see what has been filed and there is no mention of a Privilege log. What is that?
  8. The Bill of Sale is signed by a person who, I think, have the title: SVP Collections and Recovery. It's deceptive though because right before his name, the bank name is listed. No personal account info is included on this bill of sale (only on the Schedule excerpt. So, I would definitely say, no, I don't know they are the assignee of the OC. The only thing that tells me that is that is how they list themselves on the complaint as Plaintiffs. Just because they say it is so, doesn't mean it is, right? So, if the bill of sale only has one signature from someone possibly within Calvary and no witness signature or verification form with it, it would be called into question in court? Thank you for clarifying!!
  9. Thank you! I'm going down to the courthouse to file our answer tomorrow morning. I'm looking over my defenses (which I used your list of 5 you included back on page 2 of this thread) and realized Affirmative Defense #1 may not apply to me as on the complaint they list the JDB as an "assignee of OC". Does that mean the first affirmative defense must be taken out of my General Denial now?
  10. Thank you so much, @sadinca You've been extremely helpful. I completely forgot your recommendation for the M&C letter, even after re-reading my own thread today! This whole situation flusters me and I'm really nervous about getting this whole thing wrong. I'm trying to remind myself to take a deep breath but I'm so discouraged with everything I keep reading. I'm not convinced my case is strong and couple that with my fumbling in the dark to figure all of this out...well, discouraged is the best word right now. Thank you, truly, for your help!
  11. @Seadragon Hi, I was reading this post to help in wording my affirmative defenses and I'm wondering if these affirmatives you have listed on Long form Denial. doc work for a case that has two cause of actions - 1) Account stated and 2) Money Lent. My SOL is May 2018 but they filed 1/30/18. The 5th affirmative defense is Doctrine of Laches which I've heard is darn near impossible to defend in court. Did it work for you? Does it apply to my case? I'm in CA, btw. Thank you for any help you can provide!
  12. Yes, both my request and my husband's BOP request was on pleading paper. I think this freaked me out a bit more because 1) it looks official; 2) it's different than what they sent my husband and 3) all of their jargon in what I typed above. What are they saying exactly and can I use any of that? I know they are giving smoke and mirrors to answering the BOP - is it just a bunch of fluff to cover up the fact that they most likely don't have any other paperwork than what they've sent us 3 times now?
  13. Hi @sadinca @RyanEX (for some reason, the forum is not allowing me to tag Green Arrow) I received a response to the BOP I sent on my behalf (since my husband and I were served one week apart). It is different than what was sent for my husband's BOP in that after the same cover letter explaining they don't need to respond to a BOP for "account stated" action and citing lawsuit cases, they then attached what looks like a formal response to my BOP. It is titled "Plaintiff's Response to Defendant's Demand for Bill of Particulars. It's on case filing paper and looks as though they will be filing it in the county court. 2nd page states "General Objections and Reservations of Rights" and lists three objections by the Plaintiff". Here is what is says: "1) objects to each and every demand to the extent it calls for a response evidencing or embodying confidential communications between Plaintiff and their attorney, on grounds that such communication is protected by attorney-client privilege. 2) Plaintiff objects to each and every demand to the extent that it calls for a response evidencing or embodying the work product of his attorney. 3) Plaintiff has not completed his investigation of the facts relating to this case, has not completed his discovery in this case, and has not completed his preparation for trial. Thus, his responses and answers below are based solely upon the information presently available to him. Plaintiff anticipates that further discovery, independent investigation, legal research and analysis will supply additional facts and add new meaning to existing facts, as well as establish new factual conclusions and legal contentions, all of which may lead to substantial additions or changes to and/or variations from the information set forth below. The following responses are given without prejudice to Plaintiff's right to produce evidence of subsequently discovered facts. Accordingly, Plaintiff reserves the right to change any and all of his responses as additional facts are ascertained, legal research is completed, and contentions are made. The responses contained herein are made in a good faith effort to supply as much factual information as is presently known, but in no way should be to the prejudice of Plaintiff in relation to further discovery, research or analysis. Plaintiff reserves the right to amend or supplement these responses should this become necessary or appropriate. Without waiving such objections and reservations, Plaintiff responds to Defendant's Demand as follows: Plaintiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are the subject of the lawsuit. Plaintiff has been contacted by attorneys of record, WLG, and hereby complies with this Bill of Particulars: A diligent search and reasonable inquiry has been made in an attempt to locate requested documents. Plaintiff is continuing to search its records for documents are responsive to this demand. Plaintiff will comply with this request and will produce all non-privileged responsive documents in its possession, custody or control which are relevant to the issues in this litigation. Attached hereto and incorporated herein are true and correct copies of billing statements dated April 11, 2014, May 13, 2014, November 12, 2014, and December 10, 2014, the Bill of Sale and the Schedule Excerpt." It's then signed and dated and the above listed documents are attached behind. These documents are the same ones sent with my husband's BOP and the same ones sent in June of 2017 which I asked to verify the account. ***** My questions***** What does this mean? Do I respond? If so, how? Does this filed response hurt my side of the case? Thank you for any help you can provide!
  14. Ok, I sat down and flipped through more carefully, noting the statements. They have included 4 statements - April, May, November, December of the same year. They've included a Bill of Sale that is a one-paragraph summary of the transfer/sale of the account with no new information in it (as in, all info in the paragraph is info that can be found in a credit report or statements). This is the one that looks janky to me. They have also attached a "Schedule A" form that is a columnized half sheet with, again, all of our personal information, account number, etc and the purchase date at the top (all info found on a statement or credit report). The last page is a Proof of Service document, notating who mailed the packet to us. They also included the filed complaint again, maybe to fatten up the packet??? And, on top of all of this, was a cover letter explaining how they do not have to abide by BOP for their first cause of action but would respond based on their second cause of action, citing case law. That's it. What do I do with this info? Nothing they sent is new. It's everything they sent to me back in June when requesting verification. What are my next steps, if any (other than filing our answer which we will do next week)? In that regard, to confirm, I have 30 days from being served to file that is including holidays and weekends, correct? So, if my husband was served on 2/4, we have until 3/7 to file. Does that seem right? My plan is to file our answer by the 1st of March to be safe.
  15. Thank you for the clarification, @sadinca So, I got a packet of papers back today in response to the BOP sent. Cover letter was a lengthy explanation how they do not need to respond to the BOP under Action 1 (Account stated) and quoted cases, then acknowledged they would respond because of action 2 (Money Lent). The paperwork included was the complaint (again) and then the few pieces of papers they sent back in the summer when I asked for verification of the account. They sent a couple of account statements, a janky looking "sale" receipt from Synchrony to them which is a typed out paragraph a signature and what looks like a copy and pasted logo of Synchrony Bank at the top left. That's it. What should my response to this be?