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About turtlepower

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  1. Sorry my post must be confusing, but I'm not compelling a bop. I'm trying to motion to compel further response to my request for production of documents. =) The example does help me though. I had to drop the bop since they dropped the open account and went with just account stated stated. I sent a discover requests (all periodic statements, all documents referring to or constituting an agreement made in my county, and all documents constituting assignment--per ReadyToWininCA). They sent me what I guess is the usually suspects (a couple of documents printed from their internal systems with a
  2. I don't know if suggesting other sites is allowed here, but bkforum.com is a good place to visit to learn about bankruptcy. It's like creditinfocenter for people thinking about bankruptcy. I ran across it a couple of years back.
  3. General Info About My Case Info About My Bop Request Info About My Request for Docs I just started to work on a motion to compel further response and I was wondering if I should include information about the BOP request & dropping the first cause of action in the background section or if I should only talk the request for docs. Also, should I make it a motion to compel further response or in the alternative an order to preclude? And just to make sure, I will need to submit? Notice of Motion to Compel Further ResponseMotion to Compel Further ResponseExhibitsSeparate Statement in Suppo
  4. Hi All! I've posted about my case before. I was thinking about trying for arbitration, but I wasn't sure. I'm pretty much in the same position as ReadyToWininCA was a little while ago. Maybe there is a forum for junk debt lawyers out there, because it seems like two different law offices are sending RTWinCA and I the exact same responses. First some facts: I'm being sued by Asset Acceptance for about 3,000.I was served about seven months ago on open account and account stated. The case is within the SOL.I filed my answer and then requested a BOP. They never responded to my BOP request, choo
  5. It was suggested to me that I elect arbitration in my case, but I'm trying to decide the best way to do it. Advice would be great! Case Info: Sued in California for about 3,000 by attorney on behalf of Asset Acceptance on a 2006 Citibank account just inside SOL. Causes of action were common account and account stated. I filed a very basic answer and sent a BOP request. They sent nothing and I later sent a M&C letter about the BOP, after which I found out that they had filed a motion to dismiss the common account cause of action. So, I'm stuck with an account stated suit. I haven't initia
  6. I'm trying to track down copies of the Citibank SD, NA card member agreements for 2006-2008. Any idea if they are online anywhere? Thanks!
  7. I'm going to dig through all my papers again to see if I have ANYTHING that resembles a card member agreement. But if I don't, any idea where I could find 2006 - 2008 Citibank Cardmember agreements online? I have to use one from when my account was open right? I don't know which arbitration firms are listed on the old agreements just that the current (2011) one has AAA and JAMS. Thanks for the advice!
  8. EDITED OUT FOR SAFETY'S SAKE ETA: I went and looked up the current agreement for both cards on the Citi website. They use the same agreement which has a JAMS arbitration section. However, if I am correct I have to find the last card member agreement that was in effect before my account was charged off, right?
  9. Sorry my reply is so late I went to bed (west coast time here). Hope you guys are still around tonight. EDITED OUT FOR SAFETY'S SAKE If I can avoid the court fight I would definitely rather do that. I don't have the know how to go after them like that. Sorry legaleagle. ETA: My best guess is that they are suing on one of the non-Sears accounts because I believe another JBD is claiming the Sears account.
  10. Can I do this without the for-sure cardholder agreement in front of me? I had several Citibank accounts ranging over several years, but I don't have any of the paperwork anymore. I'm assuming that they are suing on one of those accounts. I don't actually know since they've provided no account information at this point. Should I pinpoint a best guess and try to find the card agreement from that year to quote in the Notice of Arbitration Election Letter outlined in the Strategy and Steps of Arbitration thread? Also, where would I go about tracking it down? Thanks for the advice! You guys are a
  11. Am I even able to elect arbitration since they filed a request to dismiss the first cause (aka the existence of an open book account with Citibank)? Without the first cause, I am only left with an account stated between the plaintiff (Asset) and the defendant (me) within the last four years with a balance owed and not paid (general wording of the second cause). I don't know if I able to continue with actions pertaining to the first cause or if it is now non-exist in the eyes of the court.
  12. oops...accidentally posted to the wrong thread.
  13. I'm looking for some advice on what to do. I posted about my case a while back. I am being sued by Asset Acceptance on "open book" and "account stated" in California. I filed my answer and sent a BOP request and never received a response. Life happened big time, so it took me quite a while (about a month) to send a meet and confer letter saying give me a BOP or I will file a motion to compel. The deadline I gave is almost up. I checked the court docs online before I sent the letter and there was no new filings, but I decided to check again today and low and behold they had added something ne
  14. Sorry for the new thread. I tried to post in my original thread*, but I only got answers to my original post and not to my new query which is the following: I filed my answer and proof of service and sent a copy of the answer and a demand for bill of particulars (BOP) to the attorney representing Asset Acceptance. Should I wait until my BOP answer comes (or doesn't) before I start any official discovery or should I get it going ASAP? Thanks! *I'm not allowed to link yet, but it's called "Help With Answer - Asset Acceptance (Open Book & Account Stated)."
  15. I filed my answer & proof of service and sent the demand for a bill of particulars (BOP). Should I send my discovery request(s) ASAP? Or should I wait for them to respond (or not) to the BOP first? Thanks!