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turtlepower's Achievements


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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 card agreement and a sign affidavit from an out of state person) with a "We're not the OC, so we'll get back to you with the rest" statement. They've never gotten back to me (of course). =P I was wondering if I should mention in the background info that I tried for a BOP first or if I should just focus on the RFPOD issues only.
  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 Support of Motion to Compel Proposed Order with Sanctions
  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, choosing to file a motion to dismiss the open account cause of action.I sat on it for a while not sure what to do, but I finally started discovery. I sent a request for docs (following RTWinCA's strategy of very limited, pointed requests geared toward account stated).They did not respond by 30+5 days, so I sent a M&C letter with a deadline.They did finally send me a response (the exact same documents and responses that RTWinCA received), but they sent it several days after the deadline I gave (date on response is after deadline, mailed after deadline, received after deadline). I was planning to writing back to them asking for a more complete, compliant response (same as RTWinCA did). First question: Is asking for more information the best idea? Would it be better to let it go and try to get it thrown out as heresay at trial (CCP 96/subpoena witness) since they say they have no further information at this point. They have admittedly done no work on the case (they said so in the response). I don't think they will try either, because they haven't sent any discovery requests to me. Second question: If I do follow in RTWinCA's footsteps and ask for further response is the end goal to (hopefully) get them to admit they don't have the documents they referred to in their complaint AND get what they do have thrown out as heresay, thereby killing their standing? Third question: Since they did not send the response in a timely manner (aka 30+5 days from my initial request) does that mean they waived their rights to object to my requests under CCP 2030.290? I did not mention this in my M&C letter and they included objections in their answers. Are their objections automatically invalid or would I have to file a motion to strike later down the road? Fourth question: They are not allowed to send illegible docs, right? The cardholder agreement they sent was completely illegible (copied uber small). I want to get an actual copy of it. Fifth question: We haven't done anything in terms of Case Management. They didn't send me the required information about Case Management with my complaint. I looked it up and found out we were supposed to meet & confer by phone and the plaintiff was supposed to file a joint case management statement within 180 days of the complaint (which has passed). We won't have a case management conference unless a judge decides we should. We haven't talked at this point, I've just sent letters about BOP/discovery. They haven't filed the joint statement either. We also don't have a trial date either. How bad is this? Should I get to calling them ASAP? Thanks for any advice! I'm not sure where I'm going to end up with this. I'm freaked out about going to court and I feel like I'm fumbling what I have done already. Even though I've been reading the CCP and court rules I don't feel confident and I don't think I have enough time to dedicate to my case. I may still try for arbitration once I get my hands on a legible copy of the cardholder agreement or maybe even settle (bad, I know). Edited to add some links and do some spell checking. =)
  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 initiated discovery. Neither have they. However, the first day to file for a summary judgement is coming up very soon. A very nice soul sent me a 2004 Citibank agreement with JAMS and a survivability clause. My question is do you think it would be best in my case to... 1) just send the letter and give them a deadline to dismiss/stay and follow up with motion to compel arbitration, after initiating JAMS, if they don't 2) send the letter and the JAMS demand, give them a deadline to dismiss/stay, and follow up with motion to compel arbitration if they don't 3) send the letter and the JAMS demand, and file a Motion to Compel Arbitration right away 4) something else??? Thanks for the advice!
  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 awesome.
  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 new. It looks like the lawyer for Asset filed a "Request for Dismissal without Prejudice as to the first cause of action only" (which is open account) about a week after they missed the BOP deadline. I never received any notification from the lawyer or the court that anything had been filed. I tried reading Section 581 of the CCP, but I'm still confused. Should I still proceed with my motion? At this point the cause of action hasn't actually been dismissed, correct? Or should I assume that it will be and focus on the account stated part of the complaint? I take it that they did this, because they have no documentation of the original account they say that I had. If I have to fight them purely on account stated, what would be your advice to ask for in terms of discovery documentation. I was planning on working on the demand for docs tomorrow. Thanks!
  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!
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