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A now closed, assetless business with a business account. The RFA says "Admit you used the account." They've provided almost no documentation, despite my requests. I have to answer the RFA now. If I made purchases for the business using that account, is there any reason not to say so if I am adamant that I am not personally liable for the debt? I've been reading so many posts I can't think straight anymore. Thanks in advance.!
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