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Plantiff/Attorney responded to Interrogs.


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This is a new thread since the last one I posted I failed to provide info. I am being sued by Credit Card Co./Attorney.

The attorney responded and denied all except for one which they admit to.

What happens next any advice?

here is a brief history of events that have transpired for credit debt that i am being sued for...as obtained by the on-line courthouse database.

11/15/2007 PROOF OF SERVICE RE: FORM INTERROGATORIES; REQUEST FOR

ADMISSION; ADMISSION RESPONSE FILED. SERVED AS TO

09/20/2007 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM.

09/20/2007 APPLICATION(S) FOR WAIVER OF COURT FEES AND COSTS FILED BY IS GRANTED. APPLICANT(S) MAY PROCEED IN THIS ACTION WITHOUT PAYMENT OF ANY COURT FEES OR COSTS LISTED IN RULE 985(I), CALIFORNIA RULES OF COURT.

09/19/2007 ANSWER FILED OF RECEIPT # FEE

WAIVER .

09/19/2007 APPLICATION AND ORDER FOR WAIVER OF COURT FEES AND COSTS AS TO RECEIVED AND FORWARDED TO DIV.

002 FOR CONSIDERATION.

09/19/2007 ORDER TO SHOW CAUSE HEARING IS VACATED, RESPONSIVE

PLEADING HAVING BEEN FILED, CASE REMAINS ON CALENDAR FOR

A NON-APPERANCE CASE MANAGEMENT REVIEW ON 02/25/08 AT

01:30P M, IN DEPT. 2CM

09/17/2007 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT; CIVIL COVER

SHEET/ADDENDUM; ADR PACKAGE FILED.

09/10/2007 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FILED by JUDGE PRO TEMPORE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 02/25/08 AT 01:30P M., IN DEPT. 002 .

CERTIFICATE OF MAILING FILED.

08/24/2007 COMPLAINT FILED.

08/24/2007 SUMMONS ISSUED.

08/24/2007 SUMMONS FILED

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Send them this letter (I just sent it out in my case 2 weeks ago):

Dear (debt collector lawyer);

Thank you for your speedy non-answers dated 12/28/07.

The demand for discovery and production of documents was for the “Plaintiff”, (Plaintiff Bank), not the “plaintiff’s attorney”, the (Law Firm suing you). The discovery request was directed toward a fact-based witness or witnesses at (Plaintiff Bank) with firsthand knowledge of the material and information requested. Even if you had firsthand knowledge of all the information, you cannot be a fact-based witness for the plaintiff and legal counsel at the same time. Your attempt at hearsay and portrayal of firsthand knowledge of the facts is slightly entertaining, but does not satisfy the Defendant’s request. Irregardless of the legal issues your non-response engenders, it is very clear on several fronts, you do not have firsthand knowledge of many of the items.

Please forward the discovery request to your “client” as your legal representative duty requires, preferably an officer or officers of (Plaintiff Bank) that has firsthand knowledge of the information required and can be eventually cross-examined on the admissions and documents. .

Failure to respond properly to Discovery Admissions and Request for Production of Documents will force the Defendant to file a “Motion to Compel”. I trust we can keep from wasting the court’s time by your simple cooperation.

Thank you and Happy New Year,

Sincerely,

Gentle, non aggressive, defendant

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Its close to the 30 day required response time.

This letter is more for the court than the lawyer. I want to show a pattern of lack of cooperation for proper evidence rules on their part.

If they respond to it, and correct their behavior, great! But always write this letter expecting to make them compel at some point, after all, that is where you are now without the letter. This letter shows the other side that you understand rules of evidence in discovey.

I'm anxious to file a motion to compel next week and say "look your honor, I sent this as a good faith discovery request and the lawyers sent it back with hearsay answers and lack of firsthand knowledge. (Sham answers). I sent them this letter to forward discovery to their "client" and nothing happened. Please compel them and tell them to stop breaching their representative duty to their "client"."

A COMPONENT OF MY DEFENSE IS THAT NO ONE, IN AUTHORITY, AT THE PLAINTIFF BANK IS AWARE OF THIS ACTION! (debt lawyer is suing in there name) Plaintiff's that are unaware of the legal action, voids the action. Its considered a felony in my state.

In a big win for me, the lawyers, answered my request for front and back copy of the alleged contract with "If it exists, it is not readily obtainable."

I don't think the judge will look kindly on a lawyer who is suing for recovery on a breach of contract, does not know where the contract is, does not have a signed copy, AND HAS NOT EVEN REVIEWED IT!

I filed motion for summary judgment. Scheduled for hearing.

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