MouseRabbit

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  1. Hi everyone, Just checked the status of my case - still "Pending". Court date is set for November (4ish months from now) Still haven't received a response to my BOP Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months) Haven't heard anything from them since those requests were issued I'm not going to do any discovery requests - I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show
  2. Really sad to hear that - and I hope the best for you. Just for clarity - you mentioned that you didn't file proof of service - which documents did you neglect to do this with? Also, I thought that you don't have to file the POS (except for the initial answer) but you instead retrain the POSs' within your own records?
  3. Re: BOP Demand - they didn't include any objections. Re: Causes of Action - First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and or services rendered by Citibank NA. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest.
  4. I'll check again when I get home but I don't recall anything that looked like an objection. There was a coversheet on numbered legal paper and it was followed by "exhibit a". I don't remember the exact language but pretty sure I didn't see any objection.
  5. Deadline is Sunday for it to be in the mail but as they don't collect mail on Sunday, I guess I've gotta have it in there Saturday. Yikes! No objections were in their response. Why would it have been preferable to respond to discovery before they responded? Working on reworking some answers I've seen. Been on this hectic work project but I wanna post my answers here tonight to see your thoughts. Again, thanks for all the help SadinCa!
  6. Thanks for the help, I really appreciate it. I was very busy the last few days on a project with long hours. I finally received an answer to my BOP - it was served a full 28 days after I had served the request. It comprised of an "Exhibit A" which was a card agreement (not the original and not signed), a reprint of a 2 year old letter from Cavalry (which I've never seen until now) stating they were assigned my debt and giving me 30 days to request validation, a Bill of Sale signed by representative of Citibank, a redacted "asset schedule", and 12 month of statements. In accordance with CCP 454, as they didn't make the 10 day deadline, can these be barred from admission of evidence? And below are the Request for Admissions, Special Interrogatories and Request for Production. Request For Admissions 1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes of the Request for Admissions, "ORIGINAL CREDITOR" means Citibank, N.A., "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Citibank, N.A. account number XXXXXXXXXXXX#### which is the subject of this lawsuit). 2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances). 3. Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT. 4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT. 5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding YOUR ACCOUNT. 6. Admit that YOU received a final statement on or around ##/##/#### from ORIGINAL CREDITOR with an outstanding balance of $####.## 7. Admit YOU never disputed, with any person or entity including the ORIGINAL CREDITOR, the statement with an outstanding balance of $####.##. 8. Admit that YOU have not paid the outstanding balance on said ACCOUNT. 9. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint. 10. Admit that YOU have no facts which would vary the amounts owed to Plaintiff. 11. Admit that YOU have no affirmative defenses against the Plaintiff's Complaint. Executed at XXXX, California on XX/XX/2019. Special Interrogatories Set #1 1. State all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT (for purposes of these Special Interrogatories, "YOU" and "YOUR" mean and refer to [MouseRabbit], your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Citibank, N.A. account XXXXXXXXXXXX#### which is the subject of this lawsuit). If YOU make no such contention, do not answer this interrogatory. 2. Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory. 3. State all facts upon which YOU base YOUR contention the YOU owe less than the amount prayed for in the Plaintiff's Complaint on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory. 4. Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory. 5. Sate each of YOUR affirmative defenses. 6. State all facts upon which YOU base YOUR affirmative defense(s). 7. State each mailing address, if different from YOUR residence addresses, for the last ten years. 8. State all facts regarding payments made on the ACCOUNT. 9. Describe each document evidencing payments made on the ACCOUNT. 10. If YOU have ever been married, state the name of YOUR spouse(s). 11. State all details regarding the length of YOUR marriage(s)(i.e., from what date until what date). Executed at XXXX, CA XX/XX/2019. Request for Production of Documents Set #1 Documents to be Produced 1. Copies of any and all correspondence between YOU (for the purposes of this Request for Production, "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone action on your behalf) and ORIGINAL CREDITOR (for purposes of this Request for Production, "ORIGINAL CREDITOR" means Citibank, N.A.) relating to the CREDIT ACCOUNT (for purposes of this Request for Production, "CREDIT ACCOUNT" means the Citibank, N.A. credit card account XXXXXXXXXXXX#### which is the subject of this lawsuit). 2. Copies of any and all correspondences between YOU and Plaintiff relating to the CREDIT ACCOUNT. 3. Copies of any documentation evidencing any payments make to ORIGINAL CREDITOR on said CREDIT ACCOUNT. 4. Copies of any and all documents that support the affirmative defenses raised by YOU in this action. 5. Copies of all correspondences from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about YOUR Credit Account. Executed at XXXX, California on XX/XX/2019.
  7. No response yet to my BOP sent 28 days ago. Still have over a week to respond to admissions, interrogatories and discovery... what do you think my next move should be? Thanks so much for your help.
  8. *bump* I'm curious because, don't they have to serve the lawsuit to you in-person?
  9. Thanks, that's great advice and that's the type of thing that it'd be helpful to see played out in front of me. So far, I've never been at a trial except for that one time I almost got selected for jury duty. My courthouse is about a 30min drive (if there's no traffic). But free street parking and since I'm a freelancer, I can even squeeze some work in during idle time. Thanks for the advice.
  10. Thanks Sadinca, I'll stand-by for a week or so and await a response to my demand for BOP. Court date is way far in the future (around Thanksgiving) so I know I have a lot of time. Wondering if you ever went ahead and watched some collections court trials before you had yours? If so, do you recommend it?
  11. So, I sent the Demand for BOP fourteen days ago and no response yet. However, yesterday I received the interrogatories and discovery from plaintiff's lawyers. It was three documents total... Wish I had the packet with me so I could be more specific about it. It looks about the same as the other ones I've seen on here: "Admit you had an agreement with Citibank... Etc." I'm wondering what I do if I don't see a response to my BOP by the end of this week? I send a meet and confer letter stating the items I requested are now precluded? Also, wondering if I file the POS of my BOP with the courthouse or just hold on to it?
  12. Updating. So, I had my neighbor sign the POS-030 and drop off several letters at the post office, certified mail. There was one letter for each named lawyer, but all the same contents: - PLD-050 (general denial (sans affirmative denials)) - PLD-050(p) list of lawyers I had sent to That's all I put in those. I retained the certified mail receipts. And made two copies of the signed POS-030. I then made my way to the courthouse, found the appropriate filing window, paid $225 fee and had filed the originals of: - PLD-050 - PLD-050(p) - POS-030 And had my two copies of each document stamped for my records. Did I do anything incorrect? Was I supposed to include an unsigned POS-030 in each letter sent?