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About SoStressed

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  1. HI Guys, just wondering how or if the CCP 98 rule is working during the Covid19 court closures and phone court? I'm just realizing that could blow my whole tactic to defend myself against the JDB. Thought and experiences would be appreciated.
  2. No I'm here... I needed to step away for a minute or two... Trying to figure out how to join my threads.. So far in my case- Being sued my JDB for account stated and open book account. I responded with a generial denial and affirmative responses. I've requested BOP twice now- both times lawyer stated not appropriate in account stated. - I'm unclear if account stated supercedes their open book account claim. They gave me a copy of assignment that does not link the alleged account i'm being sued on with the assignment, it was notarized in an unclear manner with an attorney affidaviet affirming the notaries signature not the assignment. 12 months worth of credit card statements from closing of account forward- nothing from beginning of the opening of the account that shows what purchases or charges were made and to whom. A generic Contract with no signature and no info linking it to the alleged accounts they are sueing on. I'm getting ready to send out discovery and send out a meet and confer for the second incomplete BOP. I'm wondering if I can Motion to Dismiss case or something since the assignment doesnt show valid assignment to account i'm being sued on.. Case Management Confrence coming up soon within a few weeks.- Not sure what to expect..
  3. Can someone please help me to understand how to do my Interrogatories in the DISC-0004.. Thank you,
  4. In addition... Can I file a Motion to Dismiss since I see by what the lawyer sent me in BOP that the Bill of Sale is not conected to my account in any way? Or might they have some other proof? Thanks..
  5. Awesome, thanks! Is my filing a General Denial as my answer challenging those statements? Or do I need to specifically challenge those somehow?
  6. HI..yet another question.... The complaint filed by the JBD Plaintiff had two credit card statements attached. Nothing is verified and no affidavit of any kind in complaint. How do I get those thrown out so they cant be used against me? Waht are the evidence rules? Can they just attach those and the attachmnet is assumed to be true? How do I challenge those? Thanks,
  7. Hi..I need help clarifying my next step. I'm being sued on account stated and open book account. I sent the Plaintiff a BOP, and the lawyer returned it stating it was not appropriate because of account stated. They are also stating "open book account" as a cause of action against me. Legally, arent they needing to fill out the BOP for the open book account claim? What she did include "in the spirit of Discovery" was Affidavit of sale of account by original creditor (not specific to my alleged account), credit card agreement (generic, no dates or account numbers), and account statements from closing date onward. From what I've read BOP does not count toward Discovery questions. Since I can only have 35 questions total in discovery for my Interrogatories, Request for Documents and Admissions- How do I get this info from them so It doesnt count towards Discovery? And How does what she did send me factor in? Do I assume what she sent me is the only copy or version of what they have? Meaning, should I assume they dont have a Bill of Sale that is tied to my alleged account to prove legal standing? Or does that not matter in So. California? thank you!
  8. Hi...Im a defendant in a debt collection case against a JDB in southern California.. I was preparing to do my Interrogatories and saw what the form looked like...I was under the impression I would be able to type my own.. Can someone please show an example of how it should look filled out? Thanks so much