surfertom345

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About surfertom345

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  1. So, due to other circumstances, I am currently filling for chapter 13. My case management conference is coming up, but do I need to go, since I am declaring bankruptcy?
  2. I am thinking about going with a minimal discovery request for documents, something along the lines of "copies of what ever you plan to produce in court as evidence, and a list of any witnesses." simple, simple, simple. the idea is not to give them a roster of info to collect. as far as admissions, I was thinking of basically reversing their questions. Thoughts on this? also, if /when it gets to the court stage, I want to bring up: "CA EVIDENCE CODE SECTION412. If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust." and show that the complaint contained nothing even remotely proving a debt. No affidavits, no statements, nothing. Even the answer to my DV had no affidavits attached, just the usual generic bill of sale, etc. Is this something would help me as sort of an opening statement? or after they present their "evidence" Maybe I am getting ahead of myself, but this is just stuff I think about...
  3. I have read that replies for discovery of docs, interrogatories, adimissions, should go to the Plaintiffs Atty. Here is the thing. The Doc request states..."This Request may be satisfied by mailing copies documents to the offices of Midland Credit Managment, inc." The interrogatories must..."Be served on the Plaintiff" The admissions do not specify, other than that I must "respond separately, in writing and under oath". So Have have responded to all the questions, attached the answer forms to copies of the respective requests, and stuffed them in a big envelope. Now, the address for the Atty, Midland Funding (the Plaintiff) and Midland Credit Management are all the same. So I know the address, but who's attention should it go to? Do I have to send three different envelopes? I want to avoid a "we never got it" deal, but I also want to avoid spending extra dough on certified mail, if it is not needed. If I send them all to the attention of the Atty, is that kosher? They all came in one big envelope from "Midland Funding, LLC" with one proof of service for all three requests. So... any Ideas? UPDATE: after reading through them for the umpteenth time, I see they are all signed by the Atty, so I believe it would be correct to send them to his attention.
  4. Is there any benefit to sending this stuff right away, or closer to the due date? Thanks again!
  5. I was searching around on courts.ca.gov and found a template for responding to document requests/demands. The wording they used is: "Defendant is unaware of the existence of any documents responsive to this request. Discovery is continuing, and responding party reserves the right to amend this response should documents later be discovered." Basically the same thing... But the template has the "I declare under penalty of perjury..." line, which the demand MIDLAND sent does not specify. It is specified on the admissions and the interrogatories, but not on the doc demand. Would it be safe to leave that off my response? I don't like swearing to stuff if I don't have to... you can view/ get the template here: (I cant post links yet) the address in the first line + "/partners/documents/doc_response_shell.doc"
  6. Thanks Bruno! in your experience, which answer do you think would raise the least eyebrows? my new strategy is to give them as little as legally possible, as well as prompt them to do as little preparation as possible.
  7. I did find this. CAL. CCP. CODE § 2033.060 : "(g) A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed." I am just learning here, but "admit that you applied for the ACCOUNT" could be interpreted as asking me to say that I am admitting the genuineness of the alleged application. It also looks like, if that is a valid interpretation, they must provide me with the original application to inspect. However, I can honestly say: "Defendant does not recall applying for the alleged ACCOUNT, nor could the defendant find any application supporting such an admission, and therefore defendant must deny"
  8. My proposed answers to doc demands, interrogatories, and admissions Any and all critiques and suggestions welcome. I would rather look stupid here, than in court! Answers to demands for documents 1. Any and all DOCUMENTS that REFER or RELATE to credit cards issued to You by CHASE BANK USA, N.A.. Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 2. Any and all DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK USA, N.A. from Month, day 2005 to xx/xx/2012 for account number :XXXXXXXXXXXXXXXX Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 3. Any and all DOCUMENTS that REFER or RELATE to transactions initiated by You on a credit card assigned by CHASE BANK USA, N.A. bearing account number XXXXXXXXXXXXXXXX from Month, day 2005 to xx/xx/2012. Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 4. Any and all DOCUMENTS that REFER or RELATE to payments made by You to CHASE BANK USA, N.A. that were to be applied to the outstanding balance on a CHASE BANK USA, N.A. credit card. Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 5. Any and all DOCUMENTS that REFER or RELATE to correspondence sent by You to CHASE BANK USA, N.A. from Month, day 2005 to xx/xx/2012 Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 6. Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from CHASE BANK USA, N.A. that referenced credit card number :XXXXXXXXXXXXXXXX . Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 7. Any and all DOCUMENTS that REFER or RELATE to telephone calls made by You to Midland Credit Management, Inc. Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 8. Any and all DOCUMENTS that REFER or RELATE to telephone calls received by You from Midland Credit Management, Inc. Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 9. Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from Midland Credit Management, Inc. Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. REQUESTS FOR ADMISSION TO DEFENDANT REQUEST FOR ADMISSION NO. 1: Admit that you applied for the ACCOUNT. DENIED to the extent that no application was attached hereto for evaluation. REQUEST FOR ADMISSION NO. 2: Admit that you used the ACCOUNT. DENIED to the extent that no admissible evidence establishing use of the alleged account was appended hereto for evaluation. REQUEST FOR ADMISSION NO. 3: Admit that you received monthly billing statements from CHASE BANK USA, N.A. or it’s predecessor in interest that related to the transactions made. DENIED to the extent that no evidence establishing Chase bank's "predecessor" was appended hereto, nor was such a predecessor identified in the complaint. REQUEST FUR ADMISSION NO. 4: Admit that you made payments on the ACCOUNT. Payments to any alleged original creditor (the account) are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Midland Funding now owns said account and is entitled to collect, a fact which is yet alleged. REQUEST FOR ADMISSION NO. 5: Admit that you owed $5,XXX: on the ACCOUNT at the time the complaint in this action was filed. DENIED REQUEST FOR ADMISSION NO. 6: Admit you have not repaid the $4,XXX due on the ACCOUNT. Admitted in part to the extent that no liability for any such payment has been established, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidence establishing ownership or liability. REQUEST FOR ADMISSION NO. 7: Admit that the date of your last payment on the ACCOUNT was Month Day 2011. OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response, therefore, Defendant denies. REQUEST FOR ADMISSION NO. 8: Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff, Midland Funding LLC. OBJECTION: question is unclear in that it does not preclude the exhibit attached to the REQUESTS FOR ADMISSION to which this is an answer REQUEST FOR ADMISSION NO. 9: Admit that you did not dispute the ownership of the account by Plaintiff Midland Funding LLC. OBJECTION Argumentative and lacking in foundation. Defendant will challenge ownership at trial. REQUEST FOR ADMISSION NO. 10: Admit the Notice of New Ownership and Pre-Legal Review attached hereto as “Exhibit A” is a 5 true and correct copy of the letter you received from Plaintiff Midland Funding LLC. OBJECTION Argumentative and lacking in foundation. No proof of receipt of the alleged document has been introduced. Additionally, defendant cannot and is not required to verify the veracity of the plaintiff's proof. REQUEST FOR ADMISSION NO. 11: Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto as “Exhibit A” that you received from Plaintiff Midland Funding LLC. ADMITTED in part to the extent that documents which have not been provably received need no objection thereto. REQUEST FOR ADMISSION NO. 12: Admit that you owe Plaintiff Midland Funding LLC $5,XXX. DENIED Defendant owes Midland nothing. SPECIAL INTERROGATORIES SPECIAL INTERROGATORY NO. 1: State each name by which you have been known in the last six years. (Does this include DBA’s and nicknames? or just my legal name. It may seem silly, but I am mostly called by my nickname, which is also my DBA. ) SPECIAL INTERROGATORY NO. 2: State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address. my address SPECIAL INTERROGATORY NO. 3: State the name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer. OBJECTION The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a countersuit if attempted. (this one I wondered about, as I have been unemployed for several years. so what does it matter really, but I would rather make them work for it. Then again, is it better to let them know they are trying to dip into a dry well?) SPECIAL INTERROGATORY NO. 4: Did you ever report to CHASE BANK USA, N.A. that there was an inaccuracy in any billing statement you received from the CHASE BANK USA, N.A.? OBJECTION Argumentative and lacking in foundation. Specifically that any such billing statements were received. SPECIAL INTERROGATORY NO. 5: Did you ever report in Writing to CHASE BANK USA, N.A. that the ACCOUNT was opened as a result of fraudulent activity? OBJECTION Argumentative, lacking in foundation, and compounded. SPECIAL INTERROGATORY NO. 6: State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action. OBJECTION Calls for legal impressions of counsel, and attorney client work product. Defendant's "facts" will be adequately detailed in the answer to the plaintiff's baseless complaint. Defendant is not required to refute the plaintiff's claims, the plaintiff is required to prove them.
  9. Thanks! I really appreciate the input. I am starting to get a little bit of a hold on how to find things here, and learning a few terms to look for so hopefully I can answer most of my questions with research. There are several examples of letters and documents that are word for word what I have received so far. I had no idea it was all so "generic", but at the same time there are subtle differences sometimes by case! So much to learn...
  10. I realized I skipped part of the process here, Sorry! here it is... 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) there are four attys listed, then MIDLAND FUNDING, LLC, and thier address in San Diego 3. How much are you being sued for? a little over $5K 4. Who is the original creditor? (if not the Plaintiff) the Original, Original creditor, or the one Midland bought it from? Midland bought the alleged account from Chase, but it had several owners before them, as each bank or company was swallowed up by another. 5. How do you know you are being sued? (You were served, right?) Served with complaint and summons 6. How were you served? (Mail, In person, Notice on door) In person at my home 7. Was the service legal as required by your state? I can only assume so, I cant find anything that was done incorrectly 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not recall any 9. What state and county do you live in? California, Santa Cruz 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They allege it was in 2011 11. What is the SOL on the debt? 4 years 12. What is the status of your case? it is listed as "active" I was served the complaint, I answered it, now I have received the demands for docs, interrogatories, and admissions 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. I did include it in my DV, but... 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, after, but they did respond with the generic bill of sale, statements of the alleged account, info sheet. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? already responded with a general denial to each claim. "Defendant is without knowledge or information sufficient to form a belief as to the truth of the of the allegations set forth in this paragraph and on that basis denies these allegations." 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The complaint was for: (1) account Stated No exhibits, affidavits, or statements. Nothing other than a partial account number. The complaint did not even include my full name or any personal information.
  11. Thanks. Less is more I guess! Now, is it better to send these things out right away, as they are completed? or send them all closer to the end of the due date? does it make any difference? I also noticed that the doc request is titled "PLAINTIFF'S DEMANDS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, SET NO. ONE" rather than... "PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, SET NO. ONE" I have seen many examples here and online of the "request" version, but not the "demand" one. Does it make any difference? Thanks again for being here!
  12. Thanks! So would it be proper to send them copies of all the recent "known" documents, such as a copy of my DV, a copy of their response, the complaint, the summons, that sort of thing? as a "good faith" offering? or would that be seen as some sort of admission?
  13. Thanks everyone for their input! this board is full of great info and people! Here are my proposed answers to the request for production of documents... 1. Any and all DOCUMENTS that REFER or RELATE to credit cards issued to you by CHASE BANK N.A. RESPONSE: Objection. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using alleged account as described and therefore denies. Defendant has asked the Plaintiff to provide proof of the account, it’s chain of custody, and any signed agreement(s)but plaintiff has not yet done so. Furthermore, Plaintiff has requested DOCUMENTS that should be in plaintiffs possession, considering plaintiff saw fit to bring this action. Additionally, In a letter received from the Plaintiff or the Plaintiff’s acting representative, dated September 12, 2012, The plaintiff included a document signed by a Chase Bank representative as well as Midland Funding President J. Brandon Black. This document was stamped “Approved by Legal” and clearly stated: “With respect to account information for the accounts listed in the Final Data File, seller represents and warrants to purchaser that (i) the account info is complete and accurate (ii) the account information constitutes seller's own business records and accurately reflects in all material respects the information in seller's database (iii) the account info was kept in the regular course of business (iv) the Account info was made at or near the time by, or from info transmitted by, a person with knowledge of the data entered into and maintained in the seller's database and (v) it is the regular practice of seller's business to maintain and compile such data” From this statement, the defendant must conclude that the requested alleged documents if any, are already in the possession of the Plaintiff or it’s representatives. Defendant reserves the right to supplement his answer to this and any and all following requests in the event that additional information is provided. 2. Any and All DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK from August xx,2005 to XX/XX/2012 for account number XXXXXXXXXXXXXXXX. Response: Objection. Please refer to answer to question 1 above 3. Any and All DOCUMENTS that REFER or RELATE to transactions initiated by you on a credit card assigned by CHASE BANK bearing the account number XXXXXXXXXXXXXXXX, from August XX, 2005 to xx/xxx/2012. Objection. Please refer to answer to question 1 above 4. Any and All DOCUMENTS that REFER OR RELATE to payments made by you to CHASE BANK USA, N.A. that were applied to the outstanding balance on a CHASE BANK USA, N.A. credit card. Objection. Please refer to answer to question 1 above 5. Any and All DOCUMENTS that REFER OR RELATE to correspondence sent by You to CHASE BANK from August XX, 2005 to xx/xx/2012. Objection. Please refer to answer to question 1 above 6. Any and All DOCUMENTS that REFER OR RELATE to correspondence received by you from CHASE BANK USA, N.A. that referred to credit card number XXXXXXXXXXXXXXXX Objection. Please refer to answer to question 1 above 7. Any and All DOCUMENTS that REFER OR RELATE to telephone calls made by You to Midland Credit Management, Inc. Objection. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember initiating any calls to Midland Credit Management. . 8. Any and All DOCUMENTS that REFER OR RELATE to telephone calls received by you from Midland Credit Management, Inc. Objection. Other than documents already provided, and documents created by the plaintiff, which the Plaintiff already should have in their possession, To the best of the Defendant's memory, and without any proof provided, Defendant does not recall any other such documents 9. Any and All DOCUMENTS that REFER OR RELATE to correspondence received by You from Midland Credit Management, Inc. Objection. Other than documents already provided, and documents created by the plaintiff, which the Plaintiff already should have in their possession, To the best of the Defendant's memory, and without any proof provided, Defendant does not recall any other such documents