katousa

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About katousa

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  1. Coltfan, Thanks so much for this list of Admissions. I will use 35 of them as that's the max. the law allows here in California. What I really need help with are the answers to the above few general interrogatories. I have no idea how to answer them. Any suggestions you have? Thanks.
  2. Beside request for production of documents and things I also plan on sending the following request for admissions to plaintiff. What other questions should I include, if anything? Would this be enough? Thanks for any advice. I don't know what I would do without this bulletin (Coltfan, Legaleagle, racecar, and the rest of you)...but seriously. You're the reason I managed to vacate the default judgment without legal representation. And I'm learning so much in the process. Although, it's not over yet but I can see the light at the end of the tunnel. PROPOUNDING PARTY: Plaintiff, XXX RESPONDING PARTY: Defendant, XXX Pursuant to Code of Civil Procedure Section 2033.210 et seq., defendant XXX does hereby requests that Plaintiff, XXX admit the truthfulness of each of the facts set forth below; and the genuineness of each document, a copy of which is attached to this request: REQUEST FOR ADMISSIONS ADMIT THAT: 1. You have no signed contract or signed application for credit which shows the Defendant applied for a Credit Card. 2. You have no signed contract or signed application for credit showing that an account was established in the Defendant's name and a Credit Card was issued to the Defendant. 3. You have no written contract entitled Cardmember Agreement that states the terms and conditions that the Defendant agreed to. 4. You have no written and signed contract stating the Defendant would be responsible for all charges made on the account in connection with all Credit Cards issued on the account. 5. You have no merchant receipts showing the charges that were incurred on the account in the sum of $XXX. Dated: _____________________ By: ____________________________ XXX Defendant in Pro Per
  3. Leagaleagle, I have managed to formulate my responses to most of the interrogatory questions, admissions and document requests, but I need help to answering these general interrogatories. Can you help me as to how best respond to these? I appreciate it much. (Denials and Special or Affirmative Defenses section of the form) 4. Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: a, state all facts upon which you base the denial or special or affirmative defense; b, state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and c, identify all documents and other tangible things that support your denial or special or affirmative defense, and state the name, address, and telephone number of the person who has each document. (Responses to Request for Admissions section of the form) 5. Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: a, state the number of the request; b, state all facts upon which you base your response c, state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and d, identify all documents and other tangible things that support your response and state the name, address, and telephone number of the person who has each document or thing. (Contract section of the form) 6. For each agreement alleged in the pleadings: a, identify each document that is part of the agreement and for each state the name, address, and telephone number of each person who has the document; b, state each part of the agreement not in writing, the name, address, and telephone number of each person agreeing to that provision, and the date that part of the agreement was made; c, Identify all documents that evidence any part of the agreement, not in writing and for each state the name, address, and telephone number of each person who has the document; d, Identify all documents that are part of any modification to the agreement, and for each state the name, address, and telephone number of each person who has the document; e, state each modification not in writing, the date, and the name, address, and telephone number of each person agreeing to the modification, and the date the modification was made; f, Identify all documents that evidence any modification of the agreement not in writing and for each state the name, address, and telephone number of each person who has the document. 7. Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused? 8. Is any agreement alleged in the pleadings unenforceable? If so, identify each unenforceable agreement and state why it is unenforceable.
  4. Legaleagle, Thanks for the response. Too late to dump the defenses. I already filed these as part of my response to their summons/complaint. As to answering their request for documents and things, and admissions and interrogatories: my trial is next week and I only got their requests on 7/14. Do I even have to send them responses since by the time of the trial I'm still way within the 30 day limit? Thanks.
  5. racecar, Here are my affirmative defenses too. I read on one of these threads that you should use them or you lose them. But now it seems that I have to prove them? (see special interrogatories) Thanks for any advise would be appreciated. FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every cause of action of the complaint, the Defendant is informed and believes, and on such information and belief alleges as follows: FIRST AFFIRMATIVE DEFENSE As a First and Separate Affirmative Defense, the Defendant alleges that the Plaintiff’s complaint and each cause of action contained therein fails to state facts sufficient to constitute a cause of action against the Defendant. SECOND AFFIRMATIVE DEFENSE As a Second and Separate Affirmative Defense, Defendant alleges that Plaintiff has failed to undertake prudent and necessary steps to rectify the problems alleged, if any, to mitigate the damages, if any, claimed to have been suffered, or will suffer, by virtue of the alleged conduct of the Defendant, and, as such, the Plaintiff solely and proximately caused the damages complained of, if any, as alleged in Plaintiff’s complaint. THIRD AFFIRMATIVE DEFENSE Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. FOURTH AFFIRMATIVE DEFENSE Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. FIFTH AFFIRMATIVE DEFENSE Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. SIXTH AFFIRMATIVE DEFENSE Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. SEVENTH AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to allege that the Assignor (HSBC Retail Services) even has knowledge of this action or that the Assignor (HSBC Retail Services) has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. EIGHTH DEFENSE Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. NINTH DEFENSE Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them. TENTH DEFENSE Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making it difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. ELEVENTH DEFENSE Plaintiff has no Fiduciary Duty. TWELFTH DEFENSE Since a court will not grant a judgment or other legal relief to a party who has not acted fairly by having made false representations or concealing material facts from the other party, we maintain that equitable estoppel bar plaintiff’s claims. THIRTEENTH DEFENSE Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. WHEREFORE, Defendant prays that the court take nothing of Plaintiff's Complaint by virtue and dismisses the complaint.
  6. Thanks racecar! Here are the plaintiff's interrogatories. Do you have some general answers that can fit these questions? Plaintiff’s First Set of Special Interrogatories Plaintiff, xxx pursuant to California Code of Civil Procedure, 2030.030, hereby requests that Defendant, xxx answer the following interrogatories: 1. Do you (You and Your shall mean and refer to Defendant, xx, and any dependents, and/or any other person acting or purporting to act on behalf of Defendant, xxx) deny that You are indebted to the Plaintiff (Plaintiff shall mean and refer to Plaintiff, xxx, and any dependents, and/or any other person acting or purporting to act on behalf of Plaintiff, xxx) in any sum whatsoever? 2. What is the amount You claim to be actually due and owing to the Plaintiff? 3. Please state all facts in detail upon which You rely in support of Your denial that You are indebted to Plaintiff in the amount claimed in the Complaint. 4. Identify (Identify shall mean to state for 1) persons: the name, address, phone number and title of such person; 2) documents/communications: the identity of the sender, recipients, nature of document/communication (phone call, memo, fax, etc.), date, current location (if any) and general subject matter,) any Communications (Communications shall mean written and verbal exchanges between two or more persons including, but not limited to, written contact by such means as letters, memoranda, telegrams, telex, e-mail, or by any document, and/or oral contact by such means as face-to-face meetings, telephone conversations, and any other documents which confirm or relate to said exchanges,) between You and Plaintiff regarding the indebtedness as reflected in the Complaint in the above-entitled action. 5. Did You agree to pay for any purchases and/or extensions of credit provided to You by Plaintiff? 6. Did You receive any purchases and/or extensions of credit from Plaintiff? 7. Do You contend that payment has been made to Plaintiff for the purchases and/or extensions of credit which give rise to the subject action? 8. Please state each and every fact upon which You base any contention that You have made payment to Plaintiff for the outstanding balance remaining for the purchases and/or extensions of credit which give rise to the subject action. 9. Have You received a statement of account from Plaintiff? 10. If You contend that a dispute exists with regard to the indebtedness alleged in the Complaint herein, please Identify, with particularity necessary to support a subpoena duces tecum, each and every Document (Document(s) shall mean all writings of any kind, ad defined in California Evidence Code 225, including but not limited to handwriting, printing, Photostats, computer storage diskettes, and every other means of recording upon any tangible thing and form of communication or representation, including letters, sounds, pictures, words, symbols and/or any combination thereof) supporting such contention. 11. If You contend You are entitled to any credit/offset of the indebtedness alleged in the Complaint herein, please state the amount You claim as credit/offset. 12. Please set forth the facts and the basis upon which You rely in support of any contention that You are entitled to a credit/offset of the indebtedness alleged in the Complaint herein. 13. If You assert that the claim herein sued upon is the obligation of someone other than You, please state the name and address of each such other Person (Person as used herein is as defined in California Evidence Code 175, and shall include any natural person, firm, association, partnership, business trust, corporation, governmental or public entity, or any other form of legal entity) or entity, and state all of the facts upon which You rely on in support of such a position. Form Interrogatories - General Identify of Persons Answering These Interrogatories 1. State the name, address, telephone number, and relationship to you of each Person who prepared or assisted in the preparation of the responses to these interrogatories. 2. State: A), your name; every name you have used in the past; and C) the dates you used each name 3. State: A) your present residence address; your resident addresses for the past five years; and C) the dates you lived at each address. Denials and Special or Affirmative Defenses 4. Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: a, state all facts upon which you base the denial or special or affirmative defense; b, state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and c, identify all documents and other tangible things that support your denial or special or affirmative defense, and state the name, address, and telephone number of the person who has each document. Responses to Request for Admissions 5. Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: a, state the number of the request; b, state all facts upon which you base your response c, state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and d, identify all documents and other tangible things that support your response and state the name, address, and telephone number of the person who has each document or thing. Contract 6. For each agreement alleged in the pleadings: a, identify each document that is part of the agreement and for each state the name, address, and telephone number of each person who has the document; b, state each part of the agreement not in writing, the name, address, and telephone number of each person agreeing to that provision, and the date that part of the agreement was made; c, Identify all documents that evidence any part of the agreement, not in writing and for each state the name, address, and telephone number of each person who has the document; d, Identify all documents that are part of any modification to the agreement, and for each state the name, address, and telephone number of each person who has the document; e, state each modification not in writing, the date, and the name, address, and telephone number of each person agreeing to the modification, and the date the modification was made; f, Identify all documents that evidence any modification of the agreement not in writing and for each state the name, address, and telephone number of each person who has the document. 7. Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused? 8. Is any agreement alleged in the pleadings unenforceable? If so, identify each unenforceable agreement and state why it is unenforceable. I will send my affirmative defenses separately. Thanks!
  7. Would someone please be so kind and look over my responses to Plaintiff's 1st set of request for production of documents and things and help me answer question #3 and #4? I've been buried in paperwork and my brain just gave in. I have managed to vacate my default judgment but these JDB's just don't give in and now they sent me a bunch of paperwork to answer. I bet they just want to overwhelm me because they know that I'm a single mom. The must figure that I will have no choice but to give in. (Sorry for my vent. Please help. I appreciate it. Thanks. Quick history: I was sued for a cc debt by a JDB in Los Angeles, CA. They seized my bank account but I managed to vacate the judgment. My OSC is set for early August. About a week ago, they sent me a set of request for admissions, request for documents and things, and set of special interrogatories, and form interrogatories. My answer to their request for documents: Defendant responds, under oath to Plaintiff’s first set of request for production of documents and things, as follows: Request 1: Any and all Communications between YOU and Plaintiff. ("long description as to the meaning of "Communications") Response to request #1. After a reasonable search, Defendant is unable to locate any such communications related to the alleged account in question but reserves the right to supplement this response should such information become available. Request 2: Any and all Documents received by and/or generated by YOU in connection with the transactions referred to in the Complaint of Plaintiff herein. Response to request #2. After a reasonable search, Defendant is unable to locate any such documents related to the alleged account in question but reserves the right to supplement this response should such information become available. Request 3: Any and all Documentation which supports or otherwise relates to any of the affirmative defenses alleged in YOUR answer to Plaintiff's Complaint. Response to request #3: ? Request #4 Any and all Documentation referred to and/or described in YOUR response to the Special Interrogatories served concurrently herewith. Response to request #4: ? (I haven't had time to write the responses to the interrogatories yet.) Response to request #5: Defendant objects to this request on the grounds that Request #5 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as “any and all documents that refer to any payments that you have made” is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption. Defendant further objects that this discovery is so broad and unlimited as to time and scope as to be an unwarranted annoyance, embarrassment, and is oppressive. (See Code of Civ. Proc., § 2030.090 subd. (; and Columbia Broadcasting System, Inc. v. Superior Court of Los Angeles County (1968) 263 Cal.App.2d 12, 19 [69 Cal.Rptr. 348, 352].) Furthermore, Defendant objects to this request because the information sought, if indeed it exists, is equally available to propounding party (CCP 2030.220 © and Alpine Mutual Water Co. v. Superior Court (1968) 259 Cal.App.2d 45 [66 Cal.Rptr. 250] Subject to and without waiving said objections, Defendant responds as follows: Defendant is unable to produce any documents responsive to this request. A diligent search and reasonable inquiry has been made in an effort to locate items responsive to this request, however, a diligent search reveals no existence of any written or oral contract, and Defendant has been unable to locate any documentation related to or referencing the alleged account. Based on the foregoing, Defendant must deny.
  8. Thanks Debtorshusband! I actually had read your thread and did use your responses and some from elbeto77 to formulate my responses. Are you saying that I still need to rework them? What are the specifics that you don't see fit? Thanks. Also, I tried to message admin but she won't accept private messages so I have no idea how to message her.
  9. I have managed to get a default judgment vacated that was brought against me by a JDB. I have the OSC set for next month. I sent the JDB a request to validate the debt to which their response was very vague and they didn't provide me with the evidence and responses I requested. They call me and leave me a message every day but I'm not interested even to talking to them. Their message sounds desperate and mentions that they want to resolve the matter without litigation, saying "there are options, you know". Today I received their 1st set of request for admissions, 1st set of special interrogatories, 1st set of requests for production of documents and things, and a general form interrogatories. I have done some research as to how to answer the admissions. (I deny that I ever had a credit card debt with the original creditor). Can someone let me know if my responses are proper or if I should make any changes? I will work on the answers to their interrogatories next and will seek advice for those too. Thank you. Pursuant to Code of Civil Procedure Section 2033.210 et seq., defendant "name" (“Responding Party”) does hereby respond to the Request for Admissions, propounded by plaintiff, above-named, as follows: Request for Admissions #1: Admit that YOU (“YOU” and “YOUR” shall mean and refer to Defendant, "NAME", and any dependents, and/or any other person acting or purporting to act on behalf of Defendant, "NAME"), entered into an agreement for a CREDIT CARD (“CREDIT CARD” shall mean and refer to the credit card issued by XXXX XXXX in Defendant, "NAME"’ name XXXX XXXX’ account ending in xxxx) with ORIGINAL CREDITOR (“ORIGINAL CREDITOR” shall mean and refer to the original creditor, XXXX XXXX, and any dependents, and/or other person acting or purporting to act on behalf of the original creditor, XXXX XXXX.) Response to Request for Admissions #1: DENIED to the extent that the "agreement" referenced has not been provided for examination. Request for Admissions #2: Admit that you requested the credit card from original creditor. Response to Request for Admissions #2: OBJECTION. Lacks foundation. Plaintiff has provided no admissible evidence that defendant “requested” a credit card from stated creditor. Request for Admissions #3: Admit that original creditor provided you with the credit card. Response to Request for Admissions #3: OBJECTION. Lacks foundation. Plaintiff has provided no admissible evidence that defendant was “provided” with a credit card from stated creditor. Request for Admissions #4: Admit that you received the credit card from original creditor. Response to Request for Admissions #4: OBJECTION. Same as request #3. Request is duplicitous and designed to harass the defendant. Request for Admissions #5: Admit that you used the credit card. Response to Request for Admissions #5: OBJECTION. Lacks foundation and is presumptive, as it incorrectly assumes facts not in evidence, specifically that defendant ever “requested”, “received” and “used” a credit card “provided” by stated creditor. Request for Admissions #6: Admit that you have not paid the outstanding balance due on the credit card. Response to Request for Admissions #6: DENIED to the extent that the existence of the credit card referenced (and the referenced account connected thereto) has not been established as fact. Therefore, no such obligation on the part of the defendant exists. OBJECTION. The information sought is assumedly already known to the plaintiff through its business records. Additionally, the request is nonsensical and self explanatory. Certainly plaintiff would not have brought suit against a defendant they thought defendant had paid the outstanding balance due. The burden of proof thereof resides with plaintiff, not defendant. Defendant denies any such allegations contained in the request. Request for Admissions #7: Admit that you did not dispute the balance claimed to be due and owing on the credit card prior to the inception of this action. Response to Request for Admissions #7: OBJECTION. Compounded, confusing, and lacks foundation. No admissible evidence has been provided which links defendant to the credit card balance referenced. Additionally vague, as the request does not specify to whom any such notification may or should have been made. Request for Admissions #8: Admit that through Assignment (“Assignment” shall mean and refer to Exhibit “A” attached hereto,) you are indebted to plaintiff (“plaintiff” shall mean and refer to plaintiff, XXX XXX. and any dependents, and/or any other person acting or purporting to act on behalf of plaintiff, XXX XXX.) Response to Request of Admissions #8: OBJECTION. Defendant does not have access to plaintiff's "business records" and has no idea what they contain. Therefore, any such validation by defendant is impossible and improper. Furthermore, above referenced Exhibit “A” shows no evidence as to the indebtedness of the defendant. Request for Admissions #9: Admit that you are indebted to plaintiff for the full amount claimed in plaintiff’s complaint, plus interest and the legal rate of ten (10) percent per annum. Response to Request for Admissions #9: See response to Request for Admissions #8. Plaintiff has not produced any Agreement sufficiently identified as being associated in any manner with the defendant, such as the defendant’s signature or identifying information, therefore defendant cannot reasonably formulate a response. Based upon the foregoing, defendant responds as follows: DENIED. Verification I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: _____________________ ____________________________ Defendant in Pro Per
  10. They had false claims of trying to serve me 4 times with the 4th time being with a person they've completely made up. They claimed he opened my door and they served him. I knew they were lying because all the dates they claimed they tried to serve me was within a week when I was out of the country. Also, I'm single and live alone and therefore no one could have opened my door. After I showed my passport to the judge she told the plaintiff's attorney that she believes be and I have much credibility. That was is. The truth shall set you free!
  11. Yes, it has been more than 30 days. My bank account is now emptied and I don't know who has my money.
  12. Last month I found out about a default judgment against me by getting a call from my bank and learning about a levy on my bank account. Today I went to court and succeeded in vacating the judgement. The judge said that I'll get all the money back that was levied and set a trial date for early August. She didn't give me an order or anything so I'm wondering if there's any paperwork I need to do and file, and with whom to get my money back. It was already wiped out from my account and I don't know who has it. Is it the Sheriff or the debt collection company? Anyways, can anyone tell me please what am I suppose to do next to get the money back? I appreciate it.
  13. Seadragon, thank you for your advice. It helped me to vacating the default judgment. Showing my passport at the end did convince the judge that I was improperly served and showed my credibility. The plaintiff's attorney didn't bother to show but appeared over the phone, and I think this too was to my benefit. The judge gave me 20 days to file a response and the OSC is set for the beginning of August. What do I have to include in my response? Can someone advise me on this? Thanks all!
  14. I just received a response from the plaintiff's attorney in response to my filing a motion to vacate the default judgement. Boy, they're really not giving up, do they? I attached a copy of both my motion to vacate and their response. Can someone help me as to what to do next? My hearing is on 6/21 and now I'm pretty much having a brain freeze. Thanks.
  15. Well, I've found a proof of service in my file and basically what they did is they tried to serve me on 4 consecutive days last year and exactly within the period of time I was out of the country. The 4th time they made up a description of a person and claimed that they left the summons with him. Sounds like bs to me since not only that I live alone but also no person with that name and description lives in the entire complex. But again I was told that it will be very hard to prove that they're lying and I have very little chance that the judge will set aside the motion. I also found a copy of the plaintiff's attorney's declaration he wrote to the judge that he will not be able to produce original documents if needed because he mailed everything to the defendant (me). This is also bs for I never received anything. *** Interestingly, shortly after I learned about this default judgment, I learned about another one. I also didn't receive the summons because they mailed it to the wrong apartment number where I moved out from years ago. I'm so confused now that I'm considering just giving in and trying to settle with the collectors. I can't afford an attorney because if I lose, I will lose the cost of the attorney and on top I'll still have to pay the debt. Does anyone know a good contingency attorney in Los Angeles who takes cases like this?