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Found 68 results

  1. I'm being sued by Midland funding in Washington State (Pierce County). I have received a summons stating breach of contract. I filed an answer and an affirmative defense. I filed a request for production of documents please see attached. Today I received my response from the plaitiffs for request of production of documents as follows: plaintiff objects to defendant's request for production of documents on the ground that is not permitted per LCRLJ 26(3). subject to and without waiving this objection, and in good faith attempt to be responsive to this request, all responsive documents currently within plantiffs possession, custody, and Control specific to this request or attached hereto. What was provided to me was a bill of sale and assignment, a asset schedule and affidavit of sale of account by original creditor,and a certificate of conformity which none of these documents mention my name or account number. I've also received a document titled field data that has account number,date account open, amount,charged off date, name address,last payment date last purchase date. at the bottom of the form it says "data printed by Midland credit management incorporated from electronic records provided by Citibank pursuant to the bill of a sale/assignment of accounts dated 11 2011 in connection with sale of accounts from Citibank to Midland funding". I could create this document myself there's nothing on this document that states it was from Citibank. they did not provide all documents requested that is all they provided there is nothing more filed with the court as of yet what would my next step be?
  2. Hey All, Just received discovery responses from CACH, LLC. wherein they objected to my request for the purchase agreement on the grounds that it was protected as a trade secret. CA Evidence Code 1060. Has anyone had any success compelling this document from a JDB? If so, can you point me to a template? P.S. This is my first time posting, so if I didn't follow any of the normal procedures, my apologies in advance.
  3. So, a JDB filed a Complaint against me about 5 months ago without ever serving me. I found out about it through other means and filed an Answer quickly, then served them with it. They still haven't served me anything, though they seem to be trying to convince the Court that they've made two attempts (which I'm sure they haven't). The first entry on my Case Summary indicates, ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY xxxx xxxxx TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT. MATTER CONTINUED FOR HEARING ON xx/xx/14. CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. Does the above mean that the opposition has asked for a Default Judgment and been denied until Trial or does it mean something else? Also, I'm just starting to read about filing MTDs and am wondering if this would be at all beneficial to me at this point since I've already filed an Answer? Finally, at what point should I file for Discovery? My suspicion is that the JDB does not have the documents necessary to proving legal standing, but is there an advantage to waiting a while so that they have less time to prepare their case? Thanks for any help!
  4. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  5. I got NOTHING but boilerplate objections from Midland Funding and MCM, not a single document or meaningful response and they denied my requests for admission without explaining why or providing any supporting docs for their denials. My 7/8 email to one of their attorneys got no reply and we just received a new case management order, requiring a joint motion not exceeding 3 pages re. discovery disputes. So I just requested their portion of the motion by Monday so we can file it on Tuesday. Can't afford the NCLC FCRA manual right now and don't know where to begin. Only have about 1 page for my side of the dispute and I doubt that any attorney has ever had to argue this as Midland would be sanctioned if they pulled this crap on an attorney and they'd have to pay his fees for the motion. Of course I get nothing but stress and mental anguish. Anyway, appreciate any suggestions for my 1 page to the new judge. I bet he'll be thrilled.
  6. Hi, I beat the MSJ and was sent these Interrogatories to answer. Need help with answering. Also, I would like to send them some of my own for discovery. Can anyone assist? STATE OF INDIANA ) IN THE MADISON CIRCUIT COURT DIVISION 5 ) SS: COUNTY OF MADISON ) CAUSE NO. MIDLAND FUNDING LLC AS SUCCESSOR ) IN INTEREST TO URBAN TRUST BANK AS ) ISSUER OF SALUTE VISA GOLD, ) Plaintiff, ) ) vs. ) XXXXXX, ) Defendant. ) PLAINTIFF’S WRITTEN INTERROGATORIES TO DEFENDANT Pursuant to Indiana Trial Rule 33, Plaintiff, Midland Funding LLC as successor in interest to Urban Trust Bank as issuer of Salute Visa Gold (“Midland”), serves upon the defendant, C and requests that C within thirty (30) days of the date indicated on the Certificate of Service, (i) respond in writing to the following Interrogatories, and (ii) provide such responses to the offices of Bowman, Heintz, Boscia & Vician, P.C., 8605 Broadway, Merrillville, IN 46410. Instructions for Answering 1. Where an interrogatory calls for an answer in more than one part, the parts should be separated in the answer so that they are clearly understandable. 2. The words “you,” “your,” “Defendant,” etc. refer to the defendant in this cause of action, C. 3. You are reminded that all answers must be made separately and fully and that an incomplete or evasive answer is a failure to answer. 4. You are under a continuing duty seasonably to supplement your responses and/or and prior responses pursuant to Indiana Trial Rule 26(E). INTERROGATORIES 1. XXX’s “Sworn Denial on Account” states, “This is not a valid debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 2. If your answer to Interrogatory No. 1 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 3. XXX’s “Sworn Denial on Account” states, “This is not my debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 4. If your answer to Interrogatory No. 3 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 5. XXXl’s “Sworn Denial on Account” states, “I did not sign a contract to be responsible for this debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 6. If your answer to Interrogatory No. 5 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 7. XXXX’s “Sworn Denial on Account” states, “I did not sign a contract with this plaintiff.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 8. If your answer to Interrogatory No. 7 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 9. XXXX’s “Sworn Denial on Account” states, “If I am responsible for this debt, the amount sued for is incorrect.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 10. If your answer to Interrogatory No. 9 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 11. XXX “Sworn Denial on Account” states, “If I am responsible for this debt, it is barred by any applicable statute of limitations.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 12. If your answer to Interrogatory No. 11 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 13. State your full name as well as any prior names you have used, your date of birth, your social security number, your marital status, and the name of your spouse. ANSWER: 14. (a) State your current residential address. ANSWER: ( State how long you have lived at your current residential address. ANSWER: © State all of your prior residential addresses from June 25, 2007 through the present. ANSWER: 15. (a) State your current mailing address. ANSWER: ( State how long you have received mailings at your current mailing address. ANSWER: © State all of your prior mailing addresses from June 25, 2007 through the present. ANSWER: 16. Have you received any bills, statements, or other correspondence from Urban Trust Bank or Salute Visa Gold concerning account number XXXXXXX? ANSWER: 17. If your answer to Interrogatory No. 14 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 18. Have you received any bills, statements, or other correspondence from Midland Funding LLC concerning account number XXXXXX? ANSWER: 19. If your answer to Interrogatory No. 18 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 20. Did you ever dispute any matter concerning account number XXXX with Midland Funding LLC, Urban Trust Bank, Salute Visa Gold, or any other entity since June 1, 2007? ANSWER: 21. If your answer to Interrogatory No. 20 is anything other than an unqualified “No,” then for each and every such objection, please set forth the following information specifically and in detail: (a) Was the objection in writing? If so, please identify the writing by setting forth its date, title, and a summary of the contents. (You may, instead, attach a copy of the writing.) ANSWER: ( If the objection was not written, please state the date of the objection, the name of the person to whom the objection was made, the mode of communication (i.e., by telephone, in person, etc.), and the substance of the subject conversation. ANSWER: 22. Please state the following: (a) The name of each depository financial institution or bank with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Depository financial institution” is defined at I.C. § 28-9-2-6, and includes, but is not limited to commercial banks and credit unions. ANSWER: ( The account number for each deposit account, financial institution account or bank account with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Deposit account” is defined at I.C. § 28-9-2-5, and includes, but is not limited to savings accounts and checking accounts. ANSWER: 23. Please state all of your employers, employers’ addresses, and terms of employment from June 1, 2007 through the present. ANSWER: 24. Have you asked for assistance from any persons concerning the nature of Plaintiff’s discovery requests or to prepare responses to Plaintiff’s discovery requests in this litigation? ANSWER: 25. If your answer to Interrogatory No. 24 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: The name, address, and telephone number of all responsive persons. ANSWER: 26. Describe your educational background and professional qualifications. Please include the names and addresses of all high schools, colleges, universities, post-graduate schools, and training programs that you have attended; the dates of graduation and the degrees or qualifications you receives; and any professional licenses or certifications that you hold or have held. ANSWER: 27. State the names and addresses of all persons that you propose to call as a witness to testify at the trial in this litigation. ANSWER: 28. Please provide a detailed description of all documents and/or other evidence that you propose to introduce at the trial in this litigation. ANSWER:
  7. First off I want to thank everyone who posts on this forum you have helped me and many others more than you will ever know! I am being sued by LVNV Funding in Ohio. I did not find out about this lawsuit until my employer advised me my wages were being garnished by a default judgment. I quickly went into high gear to fight this. How can someone garnish my wages and me not even know about it. I have since had the judgment vacated and stayed the garnishment so at this point I am not out any money to them other than the cost to file and mail them there copies. I met with the attorney at the hearing for vacating the judgment who wanted to discuss a settlement to which my response was absolutely not! So they have refiled with my local court where I currently reside...they did pull my credit report prior to and after filing so had my current address yet still attempted to serve me twice at an old address that i have not lived at for over four years. So here's the rundown. LVNV Funding in Ohio with the usual junk attached. Plaintiff owns Defendant's account By use of the account defendant became bound by the account's agreement. Defendant breeched agreement by failing to pay. Amount now due and owing is $3xxx a copy of statement attached as "Exhibit A" Demand has been made defendant failed to pay up. It has been re-filed and I filed my answer with the court. I received their request for production of documents, admissions, and interrogatories. Which are of course the usual b.s. The alleged account was opened while I lived in another state with a 3 year SOL. So I am using this defense along with a few others. But, I have received a voicemail from them saying they are calling to collect a debt. I also received a bill from them in the amount of over $1,000 more than I am being sued for. I believe this to be them attempting to collect the amount from the judgment that has been vacated. Is this not a violation of the FDCPA? I plan on bringing this up in court as to show their inaccurate figures and being an error on their part. I believe this to be misleading to me showing I owe more than I am being sued for without a judgment against me. I am also preparing my own interrogatories and request for admissions and documents so if anyone has any advice please help!!!
  8. We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt. We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series: 84Calap3rd771 195Calap3rd213 200Calap3rd372 and another from Cal Reporter - 235CR430 Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial. Thank you for any help and advice as we get ready for trial.
  9. I have been sick with a very rare disease, just diagnosed, and I may have missed the boat on getting my discovery to them on time. My court date is August 26, 2013 and I sent my discovery on July, 9th 2013. They sent me a letter dated August 7th stating: Our offices have recieved your discovery requests with a proof of service dated July 9, 2013. As you may be aware, per CCP 2024.020 all discovery must be completed 30 days prior to trial. Currently, trial is set for august 26, 2013 and therefore your discovery requests are untimely and no responses will be provided. Any help is much appreciated.
  10. I recently mailed out my BOP to JDB, Answer has been filed with court. Responses to Plaintiffs Request to produce documents, interrogatories and admissions have all been responded to. Should I wait for them to reply to the BOP before requesting anything from them? Also can anyone explain what this means " OSC VACATED - RESPONSIVE PLEADING FILED; CASE SET FOR CMR"
  11. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  12. Being sues for an alleged CC debt but the Plaintiff has produced a document with my name but wrong account #, wrong amount, and wrong credit limit. Also Plaintiff reports that it is a CC acount but it only has 14 digits and does not meet any CC # format. I know my account # that I defaulted on that was sold. In Discovery do I have to produce a copy of my account # from a statement that I have? Or can I just say I have it? Will they be able to change the account # that they claim or will my records be conclusive?
  13. Hello everybody, I'm asking this question for a friend, because I don't know the answer. She is being sued by Midland for less than $1,500, and has already elected arbitration prior to even answering the lawsuit. Midland of course has ignored her electing arbitration and has propounded discovery. How does a person respond to discovery without waiving their right to arbitration? Also, she has already set up a motion date for her motion to compel but that isn't for two more months, far after her allowed time to respond to discovery. Perhaps @calawyer can chime in here, as well as anybody else familiar with Cali and arbitration. Thanks in advance!
  14. Okay Folks, So here's a question for you. I've been searching the forums for what's allowed to be asked in interrogatories. It's my understanding that Discovery in General can be very broad. In this case, I am the Plaintiff and ACME Collections is the Defendant in a TCPA case. I noticed requesst in their Interogatories for very specific information that doesn't really have relavance to the case. I know that people often object to requests for admissions or interogatories in Discovery, but are you really required to answer detailed questions like: List every place that Weary Traveler has ever worked, since the beginning of time, including dates of employement, job position and title, employers phone numbers and your salary, and reason for leaving your job.List ever place Weary Traveler went to school, every bit of training or vocation you ever learned (does this include beer pong?), every degree you ever got, every date you attended, when you graduated.Identify all other law suits or court proceedings you've been involved inIdentify any other collection accounts or Creditors you ever have had contact with in the last X years.Identify any criminal record you've ever had, including any jail or prison you've ever been in...LOL? wow.Identify your home and cellular telephone numbers and who the provider is
  15. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
  16. Background: UNIFUND filed a suit in Jan 2013 against me. They sent their Discovery Nov 20, 2013. I have a few days left to send off my responses. Status IS: 1. BOP sent (11-4-13) They ignored all requests but sent 4 statements. ( What is the recourse? Does Judge really even care?) 3. Plaintiff's RFD asked me for exactly what I asked from them in the BOP. 4. Plaintiff's RFA's I have seen no proof they have anything tying me to this account, but don't want to deny everything if they somehow do. Should I be more ambiguous with denials? Their lawyers have shown me zip other than a few statements. I am fighting blind. I have left many messages to discuss the case. I also disputed via Lexington Law all my credit card accounts in 2009-2010 and have sent off a request to Lexington Law to see they can give me proof that the credit card I am being sued for was something I disputed right when it first went into default. What I want is to know how to word things so it's not a lie if other evidence comes out AND to make them participate in Discovery! Thanks in advance. P.s. I'll get UNIFUND's RFA and RFD scanned in to see those as well, but they pretty much say admit this is our account, that I opened an account, went into default etc. Answer to Disvcovery-sample.doc Bill of Particulars-sample.docx Answer to Unifund-Sample.docx Admissions-sample.doc
  17. Greetings all. Love this site. Midland Funding is suing me. I answered the summons on time, however I believe my ADs are weak. I filed a CMS, but they did not. I attended the CMSC, but they did not. Unfortunately, I have fumbled the Discovery portion of the suit and I need help. The trial will happen in the latter part of next month. I sent them a Demand for Inspection of Docs, which they have sent to me. I also sent them a Request for Statement of Witnesses and Evidence, which was deemed improper. I have to resend it. They have sent me documents, such as Interrogatories, Product. of Doc. and Requests for Admission documents. I am confused on how to properly answer them, the docs, since they have already sent me affidavits, CC statements, Bill of Sale, affidavit of sale and other things. Please help.
  18. Plaintiff's First Discovery Request to Defendant Now into Court, through undersigned counsel, comes Plaintiff, Precision Recovery Analytics, Inc., who requests that Defendant respond to the following discovery requests within the time allowed under the Code or Rules of Civil Procedure. These discovery requests are continuing and Plaintiff requests that Defendant supplement and amend the responses if further information is obtained. Then Definitions are spelled out Interrogatories: 1. State your name, address, date of birth, place of employment and Social Security number. If you object to this interrogatory or any portion of the interrogatory, please state the specific details of your objection, and respond fully to any portion of the interrogatory to which you do not object. (This line is repeated in every question asked so I won't add to each of the following) 2. Please state your spouse's name, address, date of birth, place of employment, and social security number. 3. Please state whether you opened, or authorized to be opened, the GE Money Bank Walmart Credit Card account which is the subject of this lawsuit. 4. Please state whether you made charges, or authorized any charges to be made on the GE Money Bank Walmart Credit card account, which is the subject of this lawsuit. 5. Please identify every payment made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit. 6. If you assert that the balance sued upon is incorrect, state the amount you calculate is due, and state the facts that form the basis of your assertion. Further, provide your calculations in your response. 7. Please identify every bank account utilized by you to pay our personal bills from November 11, 2007 to the date of your response to these discovery requests. 8. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses, or basis of dismissal, please state the facts that form the basis of each Exception, Affirmative Defense, or basis of dismissal. 9. Please identify any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 10. Please identify any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 11. Please identify every dispute you have made on the account, which is the subject of this lawsuit. Specify the date you became aware of the issue you are disputing, the reason for your dispute, the amount disputed, how you made the dispute, the date which you made the dispute, the outcome of the dispute, and the amount of any credit you claim is due. 12. Please identify any and all evidence that you intend to utilize and/or introduce into evidence at trial. 13. Please identify and and all witnesses you intend to call at trial or at any hearing in this matter. Describe the indended testimony for each. Request for Documentation: 1. Please produce any and all documentation evidencing the existence of the GE Money Bank Walmard Credit Card account, which is the subject of this lawsuit, including but not limited to the application, terms and conditions, amendments, card member agreements, statements, communications, letters of dispute, privacy notices, credit reports, financial statements, credit applicationis, and any other item that proves or disproves the account's existence and balance due. 2. Please produce any and all sales receipts or similar records evidencing charges on and/or credits made to the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit. 3. Please produce any and all evidence of payments made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit, but not limited to, bank statements, bank account registers, cancelled checks, money order receipts, and any other forms of payment or evidence thereof. 4. Please produce any evidence demonstrating that the amount you claim is due is correct, and/or that the balance sued upon is correct. 5. Please produce a copy of all statements, account registers, and copies of cancelled checks for the bank accounts identified in you answer to Interrogatory #7, with the time frame identified in Interrogatory #7. 6. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses or basis of dismissal, please produce any and all documents that form the basis of each Exception, Affirmative Defense, or basis of dismissal. 7. Please produce any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account which is the subject of this lawsuit. 8. Please produce any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit. 9. Please produce any and all documents evidencing every dispute you have made on the account, which is the subject of this lawsuit, and that forms the basis of any statement you made in your response to Interrogatory #11. 10. Please produce any and all documents you intend to utilize at and/or introduce into evidence at trial. 11. Please produce any and all documents which assisted you in answering the Interrogatories in this matter. I have a real problem giving these people my private information especially where I work, date of birth and Social Security # along with my wifes name and private information. They have not obtained a Judgment yet but want this information. Do I have to supply this information? Also I find it funny that they are asking for me to tell them and give them proof of any debt with GE Money Bank Walmart Card and that is not who is suing me. I don't have any of the documentation they are requesting. The only documentation I do have is a copy of two DV letters I sent back in 2010 when I first received a colleciton letter from this company. They did not respond to my questions of proving the debt back then only stated that the debit was for GE Money Bank Walmart. No other information or documentation and then I receive a lawsuit right after my DV letter. I would like to know if once they filed suit against me back in 2010 if collection efforts on their part needed to cease. They have sent me letters trying to collect the debt for the past 2 1/2 years and I have kept these letters. They have been calling via computer for the past 2 1/2 years also. Can they do this? I appreciate all the help anyone can give on how to anwser these Interrogatories and Document requests in the proper manner. Do I need to send the answers back by Certified Mail along with my request for Discovery so that I can document that I answered in a timely fashion?
  19. Hi Everyone, I know this forum when I did the research on how to answer the interrogatories from CACH, LLC. I have been here almost two weeks to read as much as I could in order to prepare for my case. However, there are some questions that I don't know how to answers correctly in the legal term. Therefore, I decide to open my own thread to get some advice to deal with this legal issue. Thank you All for your help (CALawyer, SeaDragon, ColtFan, Helpme, Big Sister is Watching, Rivertime,...) and all others. This is my case: 1. Who is the named plaintiff in the suit? - CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Mandarich LLC 3. How much are you being sued for? - $3000 + 4. Who is the original creditor? (if not the Plaintiff) - Bank of America 5. How do you know you are being sued? (You were served, right?) - Summon served 6. How were you served? (Mail, In person, Notice on door) - To my roomate (he got his own, same JDB / Lawyers only different date to court, 2 weeks after my case.) 7. Was the service legal as required by your state? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None 9. What state and county do you live in? - California, Santa Clara 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - I believed 2009 / 09 11. What is the SOL on the debt? - 4 years in California 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name) - Summon filed: served 10-28-2012 - General denial (Plc-010 form) Answer filed: 11/28 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No 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.) - Yes, I received three documents (and it is funny that my friend also receive exactly the same documents from same law office for the same JDB, only different account number and who signed them. He will share with my case, instead of posting separate 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. - 30 days and I already filed general denial (PLD-C-010) and counter claim for court cost. 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Breach of Contract, Common Counts, Account States 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? - Yes, they are the same as 1111girl post (307271-help-answering-discovery) with more questions added that I will need some guidance to reply to them. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is no evidence with the summon. However, when I asked for the DV before sued, they sent me these copies: - Summary Statement Of Account Balance Purchased: with JDB, BoA account number and the amount. - Certificate Of Assignment: where one of the JDB employee authorized to give the certificate with sufficient personal knowledge to do so that account was mine, issued by CO with account number, and CACH now is owner with amount and interest added. - Business Records Affidavid: where the same employee stated under oath (notarized by someone in Colorado) that these documents are the original or exact dupplicates of the original. - Account Information Report: where the account number of CACH, DEBT PROVIDER, Original Creditor Accct are provided and Debtor information provided (name, address, last payment date...) - Bank of America Bill of Sale and Assignment of Loans: Signed by someone at FIA Card Services, N.A (Seller/Assignor) and someone at CACH for Buyer/Assignee. This includes a bank statement that CACH claims the last statement from BoA sending to me and the final amount of money that they sue me in court. I made mistake to sit on these interrogatorries to long and on the last leg to reply this Friday. I will post all the questions in next posts. Thank you
  20. Need some help answering these requests: here is what I have so far. $30K in credit line debt from Wells Fargo in the state of CA. Law suit filed by CACH LLC. Already responded with general denial to answer. This is what they sent next. I looked around this forum on how to answer these questions but I am still unclear on how to answer most of these questions. Any help would be much appreciated. Thanks!! REQUEST FOR ADMISSIONS - NUMBER 1. Please admit original creditor issued to you the credit account (for purposes of these requests for admissions, “original creditor” means Wells Fargo Bank, YOU, and YOUR mean to XXXXXXXX, your agents attorneys, representatives or anyone acting on your behalf, and the “credit account” means Wells Fargo Bank account number XXXXXXXXXXX which is the subject of this lawsuit. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 2. Please admit YOU and Wells Fargo Bank, entered into an agreement regarding the CREDIT ACCOUNT. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 3. Please admit YOU submitted an application to WELLS FARGO BANK for an extension of credit from Wells Fargo Bank. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 4. Please admit the document attached hereto as Attachment “A” is true and accurate copy of the application YOU submitted to Wells Fargo Bank, when applying for an extension of credit. ANSWER: DEFENDANT does NOT admit and denies on information and belief. Attachment “A” is NOT true and/or NOT an accurate copy. DEFENDANT does NOT admit and denies on information and belief HE ever submitted application. ( attachment A was a copy of the credit application with out any signature. The also attached a copy of the personal guarantee in Attached "A" which is signed, but is a completely separate document from the application. It was for a business line of credit, and claiming that is was never submitted and or authorized as my banker filled it out for me. I never signed the application.) NUMBER 5. Please admit you signed the application submitted to Well Fargo Bank, and attached in Attachment “A” ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 6. Please admit YOU used the CREDIT ACCOUNT. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 7. Please admit YOU agreed to pay Wells Fargo bank and its successors and assigns all outstanding balances owed on the credit account. ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 8. Please admit YOU never disputed, with any person or entity including Wells Fargo Bank the outstanding balance of $30,000.00 ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 9. Please admit YOU have not paid the outstanding balance on the said CREDIT ACCOUNT in the sum of not less than $30,000.00 ANSWER: DEFENDANT does NOT admit and denies on information and belief. NUMBER 10. Please admit YOU owe the Plaintiff the amounts prayed for in the Complaint. HELP NUMBER 11. Please admit YOU have no facts which would vary the amounts owed to Plaintiff. HELP NUMBER 12. Please admit YOU have no affirmative defenses against the Plaintiff Complaint. HELP NUMBER 13. Please admit YOU executed a personal guarantee for the CREDIT ACCOUNT. HELP REQUEST FOR DOCUMENTS: NUMBER 1. Copies of any and all DOCUMENTS between YOU and the ORGINAL CREDITOR relating to the account (for purposes of this request for Production, “ORIGINAL CREDITOR” meaning Wells Fargo Bank, N. A. “YOU” and “YOUR” mean and refer to XXXXXX your agents, attorneys, representatives or anyone acting on your behalf, “ACCOUNT means the Wells Fargo Bank, N.A. account XXXXXXXXXXXXX which is the subject of this lawsuit). ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 2. Copies of any and all DOCUMENTS between YOU and the Plaintiff relating to the ACCOUNT. ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. NUMBER 3. Copies of any DOCUMENTS evidencing any payments made to ORIGINAL CREDITOR on said ACCOUNT. ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. NUMBER 4. Copies of any and all DOCUMENTS that support the affirmative defenses raised by YOU in this action. ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. NUMBER 5. Copies of ALL DOCUMENTS from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus on services about your account. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 6. Copies of all DOCUMENTS identified by YOU in response to the Special Interrogatories, Set One, served concurrently with this request for the Production of Documents. ANSWER: NUMBER 7. Copies of all DOCUMENTS identified by YOU in response to Request for Admission, Set One, served concurrently with this request for Production of Documents. ANSWER: NUMBER 8. Copies of all DOCUMENTS that support YOUR contention YOU do not owe the amount claimed in the complaint on file in this lawsuit. ANSWER: SPECIAL INTERROGATORIES NUMBER 1. State all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT(for purposes of these Special Interrogatories, “YOU” and “YOUR” mean and refer to XXXXXXX, your agents, attorneys, representatives or anyone acting on your behalf, and “ACCOUNT” means the WELLS FARGO BANK , N.A. account XXXXXXXXXXXX which is the subject of this lawsuit) If YOU make no such contention, do not answer this interrogatory. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 2. Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. NUMBER 3. State all facts upon which YOU base YOUR contention that you owe less than the amount prayed for in Plaintiff’s Complaint on the ACCOUNT. ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. NUMBER 4. Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiffs Complaint on the account. ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. NUMBER 5. State each of YOUR affirmative defenses. ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time. NUMBER 6. State all the facts upon which you base YOUR affirmative defenses. ANSWER NUMBER 7. State each mailing address, if different from YOUR residence address, for the last ten years and dates that you received mail at each. ANSWER: NUMBER 8. State all facts regarding payments on account. ANSWER: NUMBER 9. Describe each document evidencing payments made on your account. ANSWER: NUMBER 10. If you have ever been married, state the name of your spouses. ANSWER: NUMBER 11. Sate all details regarding the length of your marriage(s) ( i.e. from what date until what date). ANSWER:
  21. Hi All, I've been away for a bit but need to get some help with something. The most recent activity on my case was that I went to a pre-trial conference. The JDB lawyer basically wanted me to release my bank statements and I refused. We are still in the discovery window and I have been busy with other things, but have been religious about checking the mail. Nothing has come until today. Today I received a Request to Submit for Decision for Discovery issues. In it they state that they served me a statement on June 19 2013. I never got this statement. What do I need to do to fix this? Here's the questions 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) Served in Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). In Discovery 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, Under Discovery they have provided a generic acount statement an a generic printout of a card holder agreement
  22. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
  23. Hi Everyone, First of all, I want to once again thank EVERYONE on this forum whose knowledge and patience as been of such great help to all of us novices who are treading in unfamiliar (and sometimes a little scary) waters! I hope and pray you and yours are well! Here are my previous posts for reference: http://www.creditinfocenter.com/community/topic/319804-answer-filed-received-notice-to-appear-pre-trial-conf-429-help/ http://www.creditinfocenter.com/community/topic/319510-asset-acceptancehsbc-summons-received-in-mi-next-step/ Went to court 4/29. They sent a rent-a-lawyer who had some computer-generated paperwork stating when last payment was made, amount, when account was opened, etc. Didn't look like they had provided Purchase Agreement or any HSBC docs (to him at least). In my answer I attached the DV request letter I had sent to another collector who I guess was working for them last year. Friedman sent a letter 3 weeks ago basically stating what they say I owe. Did not send any of the other paperwork I had requested in the letter from OC (agreement, statements, my signature on any purchases, Purchase Agreement from HSBC, etc.) Anyway, it's been 24 days since court and Discovery is 30 days. I have been waiting for them to send something. I have had a server contact me over a week ago, and have been waiting for them to serve me. I don't know if it is from Asset or not. I figured if I got some discovery documents from them I would file an answer requesting all the documents. Should I just go ahead before the 30 days on Wednesday and request all of it? If so, what should I request, and can one of you let me know where I can find an example touse as a guideline for MI so I do it right? Just want to do things the right way while not showing my hand. Thanks again, buddyapple
  24. Hello everyone, I have so much respect and appreciation for this forum of friends who are trying to take on the big JDB's and lawyers, and get justice. I have been reading so many of the topics and learned so much in the last month + of reading all of the great stories and ideas. I need some help! I was sued for $10,000 by a JDB. I responded to the complaint and had a pre-trial telephone conference with the judge and plaintiffs attorney. I would like to fight this as hard as I can. Below are the discovery questions that I was served by the plaintiff and I really need ideas and legalese for my answers. Please let me know if you have any questions. Thanks a million! Plaintiffs interrogatories requests for production of documents and requests for admissions propounded on defendant pursuant to WRCPCC8 Instructions to the answering party: 1) An answer or other appropriate response must be given to each interrogatory. Parties are to answer these interrogatories with the understanding that they stand in a fiduciary relationship with each other. 2) As a general rule within 30 days after you are served with these interrogatories, requests for production of documents, and request for admission, you must serve your responses on asking party: Name Attorney for Plaintiff Address Address 2 Phone Fax 3) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer to the extent possible. 4) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. 5) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. 6) Your answers to these interrogatories, requests for production of documents, and request for the mission must be signed, notarized and dated. Definitions 1) YOU or YOUR includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. 2) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation or public entity. 3) DOCUMENTS means a writing and includes the original or a copy of handwriting, typewriting, printing, Photostatting, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds or symbols, or combinations of them. 4) ADDRESS means the street address, including the city, state and ZIP Code. Interrogatories 1) What is your current home telephone numbers and current cell phone numbers? 2) List every physical address and dates where you have resided from 2009 to present. 3) List all post office boxes that you have appeared as record thereon from January 2009 through December 2011. 4) List the name of the credit card, the account number, the date open, and that the date closed of any and all credit cards accounts in your name alone or a joint account that you are an authorized signer or guarantor from January 2009 through December 2011. 5) List any and all bank accounts that you have an interest or appear of record thereon from January 2009 to December 2011. 6) List your employment history including any self-employment for the past 12 months, listing names of employers, addresses, as well as any and all telephone numbers for those employers. 7) If you are currently employed, what is your schedule? Please include start and end times. If your schedule fluctuates, please explain in detail possible times of employment. If you have more than one job, please explain for each job. 8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application. 9) Have you ever filed a police report for stolen identity, credit card fraud, or a related crime? 10) Do you know a telephone number xxx-xxx-xxxx? If so who's number is this? 11) Do you know a telephone number of xxx-xxx-xxxx? If so who's number is this? 12) Have you ever had a XXXXX credit card or been listed as a user on such a card? If so list the dates and account numbers and the periods of time. 13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments. 14) In your answer/counterclaim you state that you have received calls from plaintiff at work in the early morning and evening. Please list the exact times and dates of the calls allegedly, the communication you had or messages received. 15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming? If so, explain which ones. 16) Have you ever received any other credit card statements at any other address? If so, explain. 17) Are you or were you an authorized user or guarantor on any credit cards not in your name? If so, explain which cards. 18) Has anyone else ever been an authorized signer or guarantor on any credit cards you have ever had? If so, list details. 19) Have you ever disputed any credit card statements in writing within 60 days of receiving such statements? Requests for production of documents 1) Provide copies of monthly statements for any and all bank accounts including but not limited to XXXXX Bank accounts that you have an interest or appear of record your own from January 2009 to December 2011. 2) Provide copies of any police reports from any reports of stolen identity, credit card fraud, or related crimes including the dates of incidents were reported. 3) Provide a copy of any written dispute letter sent to any credit card company or bank on behalf of yourself or someone else from 2009 to present. 4) Provide copies of any payments made to any credit card accounts since 2009 to present including dates and approximate amount of payments. 5) In your answer/counterclaim you state that you have received calls from plaintiffs at work in the early morning and evening. Please provide documentary evidence of the exact times and dates of the calls alleged. Requests for admissions 1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming. 2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming. 3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card. 4) Please admit that your Social Security number ends in XXXX. 5) Please admit that you never disputed any credit card charges in writing or otherwise. 6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information). 7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming. 8) Please admit that you currently reside at XXXXX XXXXX XXXXX, WY.
  25. Anyone know how I can get my long responses to Request for Admissions fit on at least 2 lines or so? I have to try to match it up with the corresponding questionnaires number sequence but it keeps going over. Anyone know how to fix this on California Pleading paper?