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Received list of interrogatories/admissions, need help desperately


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I am putting the interrogatories and requests for admissions I received in one thread..I hope this is ok, I started a thread last night but hope it will be easier for someone to help me if I simply list the questions here alone.. I have been searching the site non stop for two days, I am still just completely lost here..I want to sen the lawyer for plaintiff a interrogatory and admission request..dont even know where to begin seeing as tho I have no idea how to answer theirs n the first place..the sum I am being sued for is roughly $1,700..it is from a repo back in sept 2009. Price of vehcle was $7,000 roughly, price I paid to date is roughly $10,500. I was served with the complaint and thanks to wonderful people here I aswered and deniied. A court date is set for Nov 1. I thought that was the end until then.. now I have this. and like I said am absolutely lost. th credior is credit acceptance corp. in my response to complaint I requested proof of the alledged debt and proof of how they reached the amount. I must have not did it correctly or something because they have sent nothing.. they are essentially asking me to prove for them. I was in a bit of panic last night, so i am going to list the interr and admission requests here. sorry if I am not suppose to have two threads.. thank you all..

Interrogatories-

1. Stae the full name, position and business and resident address of the persons answering these interrogatories and excluding the typis and clerical help

2. Did you sign a retail installment contract ad security agreement, a copy of which is attached to the complaint as exhibit a?

3. do you have any written records or documents, including but not limited to receipts, canceled checks, or check registars of the paymens you have made to the Plaintiff?

4. if you answer to interrogatry #3 yes, state

a. description

b. what documents or records of payments ar no longer in your possessions?

c. what is the date and amount of each payment you claim to have made to the plaintiff that you do not have a record of?

5. is it your claim that tge amount of the alleged debt to be due in the complaint is incorrct?

6. If you answered interrogatory # 5 with yes, state

a. the facts which you base your claim

b.The amount you claim is the correct balance due and how the amount was calculated.

7. Do you claim you are entitled to any credits, offsets,or deductions, the plaintiff has not already credited to your loan account, and if so, set forth the date and amount of each credit, offset or deductin an the facts upon which you base your claim.

8. did you advise plaintiff of any dispute regarding the retail installment contract that is the subject of this action?

9. If your answer to inter #8 is yes, state

a. the date you advised the plaintiff of the dispute

b. the maner in which you advsed the plaintiff

c. the facts upon which you based any dispute

10. did you advise plaintiff for any reason for your non payment of the monthly installments set forth in the retail installment contract and security agreement which is the subject of this action?

11. If the answer to inter #10 is yes, state

a. the date you advised the plaintiff

b. the manner in which you advised plaintiff

c. the name and address of plaintiiffs rep you advised.

d. the reason you gave to plaintiff for non payment of the installment

12. set forth the date and amount of each payment you hae made to plaintiff

13. for each document you intend to refer to or use as an exhibit at trial, state

a. the date of the document

b. a description of the document

c. the contents of the document

14. what are the names addresses and phone numbers of all persons who will be called by you as a witness in the trial of this case?

this is to certify that a copy of the foregoing plaintiffs interrogatories to defendant was served upon xxxx defendant, at xxxxxx by first class mail, this 20th day of July 2011

ADMISSIONS..

--------------------------------------------------------------------------------

1. defendant executed a retail installment contract to purchase a 2000 oldsmobile vehicle from xxxxxx

2. The exhinit A, attached hereto, is a true copy of the retail installment contract you signed

3. the retail installment contract, which is the dispute of this action, was assigned to credit acceptance corporation

4. defendant failed to pay the monthly istallments as agreed in the contract

5. defendant owes the plaintiff $1,768.93 as a result of the defendants fsilure to pay the contract price as agreed.

6. defendant does not have any documents, writings, etters or records of any sort which defendant intends to utilize as evidence of or as a basis for any defense in this action

7. the are no facts upon which defendant relies as a basis for any defense in this action.

8. every statement or allegation contained in plaintiffs complaint is true and correct.

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I have been going thru hundreds of posts for the last two days...I am a little more calm than I was and it doesn't seem as hopeless as it did. BUT there are a few questions I just can't find the answer to, at all and I dont want to reply with the wrong answer an huurt myself in the longrun. Can someone help me with these?

on the admissions, statements number 1 and number 6...how would I answer that?? do I admit I entered into the contract? do I admit or deny I have no documents (6)

so far what I have is this..

for #2 I was thinking of claiming no true knowledge, #3 same. I never signed the paper that says it was assigned to cac, it was on the paper titled OTHER IMPORTANT AGREEMENTS.. but of course I did make my payments to them.. so maybe I shouldn't answer that way.. not sure..

#4 DENY, #5 DENY, and then 6 I am not sure.. #7 DENY, #8 of course deny. what a tricky question. lol

On Interrogatories so far I have this, but stumped on several.

#1, defendant appearing pro se, I also do not want them knowing where I work.. how can I say none of your business nicely?

#2, not sure

#3 not sure

#5- this request calls for admission of the matter defendant has denied and thus iimproper..

#7 same as 5

#8 same as 5

#10 same as 5

#12 is objected as it is once again requesting information that it is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

#13 is objected as it is once again requesting information that it is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

#14 none at this time but defendant reserves the right to call witnesses at a later date if needed

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Calawyer or someone, would you please help. I have researched the threads. Atty Mandarich is suing me on belhalf of CACH but complaint also states MBNA. As far as I know, I don't have an account with either. Before suit was filed, I asked for validation of the debt and did again after Service. Then I filed my answers, Affirm Defenses, Cert or Service,etc. The never sent me proof and I thought they wouldn't respond. Ha! The last day, they sent RFA,POD and ROGs. I have answered them but but not mailed since they never sent me anything regarding any debt I can identify. I do not know who CACH is or MBNA; do I have another approach? Should I send a BOP before I send RFA,POD,ROGs? (I have 5 days to respond) The atty also told me they did not have to tell me who CACH was when I first called after getting the notice the atty was handling the case. They have not indicated a trial date either. What should I do next? TIA.

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Calawyer or someone, would you please help. I have researched the threads. Atty Mandarich is suing me on belhalf of CACH but complaint also states MBNA. As far as I know, I don't have an account with either. Before suit was filed, I asked for validation of the debt and did again after Service. Then I filed my answers, Affirm Defenses, Cert or Service,etc. The never sent me proof and I thought they wouldn't respond. Ha! The last day, they sent RFA,POD and ROGs. I have answered them but but not mailed since they never sent me anything regarding any debt I can identify. I do not know who CACH is or MBNA; do I have another approach? Should I send a BOP before I send RFA,POD,ROGs? (I have 5 days to respond) The atty also told me they did not have to tell me who CACH was when I first called after getting the notice the atty was handling the case. They have not indicated a trial date either. What should I do next? TIA.

You should send a BOP right away BUT YOU MUST RESPOND TO PLAINTIFF'S DISCOVERY ON TIME. Otherwise, you will waive all of your objections.

I did a post about 6 months ago suggesting language in response to discovery where the complaint does not adequately describe the account at issue. It also helps to be able to say that you have served a BOP and plaintiff has not yet responded.

Let me know if you can't find the post.

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what is a BOP? and is it something I should do?

There are a couple of questions on this whole discovery thing that I still can't figure out how to answer.. I have been studying for days still.. one of the questions ask if I signed the retail installment agreement..do I admit that, because I did. It doesn't prove I defauted, so do I admit? I also have a list of questions for them, mostly I want proof from them of this debt. I have yet been told how they calculated these amounts etc. Do I send it to just the lawyer or the court and the lawyer? also it's not a jdb, its the actual loan company that hired a attorney.

the next question I am stumped on is it asks me if I have documents, checks etc, then on the admissions it says defendsnt does not, deny or admit. I do have some things, but I dont want them to know what I have. I have a list of every payment I made for almost 3 years.. eah payment shows I paid late, every single month I did and just pai the late fee because of the way my pay schedule goes.. If I admit I will have to send it to him right? dont know what to do on this.

on many of the questions its just tricky questions trying to get me to admit to amount, default and then even says what do I think the amount owed is..so I have answered this way

---this request calls for admission of matter defendant has denied and therefor is improper---

how is that for a answer?

some questions I have for them are please produce all evidence and documents and itemized statements from plaintiff that demonstrates how the alleged amount of $1,768.93 was calculated.

all documents receipts, statements, correspondance sent to defendant by plaintiff from sept 2006 thru present

all documents and voice recordings related to any communication between plaintiff and defendant

state when the alleged account went into default

when was the date of the first major delinquency

state why plaintiff did not attempt collection on alleged debt in sept 2009..

so how do those questions sound?

thanks again, and thank you very much Calawyer.

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You should send a BOP right away BUT YOU MUST RESPOND TO PLAINTIFF'S DISCOVERY ON TIME. Otherwise, you will waive all of your objections.

I did a post about 6 months ago suggesting language in response to discovery where the complaint does not adequately describe the account at issue. It also helps to be able to say that you have served a BOP and plaintiff has not yet responded.

Let me know if you can't find the post.

Thank you, CAlawyer.

I did send out my BOP yesterday and will get the RFA, POD, and ROGS to them on time.

I have 5 days for RFA, etc.- shall I have certified, receipt required to get iit there ASAP? Do I need to send a copy of this to the court also?

Bohey

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Thank you, CAlawyer.

I did send out my BOP yesterday and will get the RFA, POD, and ROGS to them on time.

I have 5 days for RFA, etc.- shall I have certified, receipt required to get iit there ASAP? Do I need to send a copy of this to the court also?

Bohey

I just pm'd you. Absolutely follow calawyer's advice and although I am sure calawyer will respond, you need to send your response to their discovery (RFAs, ROGs, etc) only to them with a proof of service and always mail everything CMRRR. Keep a calendar with all of your service dates, when you should be receiving items back, etc. so you are sure you are always on top of things :)!

For what it is worth, I only sent them a BOP so far. When is your Conference Management scheduled?

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CALawyer,

I can not find the post. Would you please direct to me?

Here is the post: http://www.creditinfocenter.com/forums/there-lawyer-house/307271-help-answering-discovery-stay-home-mom-sued-cach-llc-california.html

And here is the language:

Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. [Moreover, plaintiff did not respond to defendant's request for validation sent on ____]For that reason, defendant has asked plaintiff to respond to a BOP setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, all credits that were made to the account.....(etc). Although the code requires the plaintiff to respond in 10 days, plaintiff failed to do so. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this [interrogatory]. Defendant reserves the right to supplement her answer to this [interrogatory] after plaintiff complies with its obligations under the Code.

You will have to modify the above to fit the circumstances of your case.

As far as your discovery responses to the plaintiff are concerned, you do not file them with the court. Prepare a proof of service and have someone else mail and sign the proof. Regular mail is fine. The proof of service demonstrates that the responses were deposited in the mail in a timely fashion.

Good luck.

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Calalwayer,

Can I ask for an extension to Discovery?

I can get it finished, but am worried it might not get there by the 9th. If I can plead for an extension, how would I do it? I mailed the BOP in already and everything is done but for my proofing everything.

Thank you for your help.

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Thank you for your reply RE: the post, CAlawyer. Appreciate it!

RE: General Objections

Since I am pleading Pro Se, In my General Objections to POD, since I cannot use ACP, what privilege can I evoke?

For example ...

Defendant objects to each and every request insofar as and to the extent that it seeks (some) other privilege (relevant to pro se)...

Edited by bohey
Forgot one thing
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Calalwayer,

Can I ask for an extension to Discovery?

I can get it finished, but am worried it might not get there by the 9th. If I can plead for an extension, how would I do it? I mailed the BOP in already and everything is done but for my proofing everything.

Thank you for your help.

Sure. Just call the plaintiff's lawyer and ask. The problem is getting them to answer your call. If they do answer, ask for 30 days and they might give you a bit less.

If they give you an extension, write them a letter confirming it:

This will confirn our discussion on August 4, 2011. You have agreed to grant the defendant 30 additional days to respond to plaintiff's First Set of Requests for Admission [include any other sets]. Defendant's responses to the above discovery will now be due on ______.

Thank you.

If they do not grant you an extension, I would still write them a letter confirming the fact that they would not grant you an extension. I'll help you write that letter if necessary.

Finally, beware of the plaintiff attempting to impose conditions on granting an extension. An extension is a professional courtesy. We grant them because we may need one ourselves. Plaintiff may try to say "this extension is only for factual responses. I don't want any objections" or something to that effect. Your answer should be firm. "Of course, defendant intends to assert all applicable objections to the discovery so as not to waive them. However, where factual responses are possible, defendant intends to provide them."

Good luck.

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Thank you for your reply RE: the post, CAlawyer. Appreciate it!

RE: General Objections

Since I am pleading Pro Se, In my General Objections to POD, since I cannot use ACP, what privilege can I evoke?

For example ...

Defendant objects to each and every request insofar as and to the extent that it seeks (some) other privilege (relevant to pro se)...

Privileges are found in Chapter 4 of California's Evidence Code: CALIFORNIA EVIDENCE CODE

There may not be any that apply. Don't worry. Attorneys usually assert the attorney-client privilege just so they don't waive anything by not asserting it. If you ask a broad document request such as "ALL documents relating to account 12345" that probably includes letters the client wrote to the attorney and vice versa about your case. Such letters are protected.

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CA lawyer or anyone,

I really want to know if CACH, a CO, LLC (JDB) who never contacted me BTW and with whom I have no contract) has jurisdictional standing to serve a lawsuit in CA (under the guise of their CA attorney). In my mind, not, but what do I know, I do not do this for a living!

Thank you for your reply RE: BOP. I did send it out yesterday. Now I need to send RFA,POD and ROGs. Anything else I should send or what do I demand next?
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CA lawyer or anyone,

I really want to know if CACH, a CO, LLC (JDB) who never contacted me BTW and with whom I have no contract) has jurisdictional standing to serve a lawsuit in CA (under the guise of their CA attorney). In my mind, not, but what do I know, I do not do this for a living!

That will depend on whether CACH received an assignment of the claim from an original creditor to whom you owe a debt. You will need to find this out in discovery.

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