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Citibank lawyers called for hearing on compelling me to answer discovery?


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have motion from plaintiffs (breach of contract), they want to strike my answers to Intogratories and Compel me to answer, there also trying to get my conterclaims stricken also (they tried once and Denied)

CAN SOMEONE PLEASE TELL ME WHAT TO EXPECT AT THIS HEARING ON THE 14? HAVE JURY TRIAL SET FOR 23RD? I REALLY DONT KNOW WHAT THERE PLANNING ON DOING-I KNOW THERE CALLING THIS HEARING FOR A REASON AND ITS A WAY FOR THEM TO GAIN THE UPPERHAND- I JUST DONT KNOW WHAT TO EXPECT OR BE PREPARED FOR, ANY SUGGESTIONS?????????

MY DEFENSE IS INITIAL DISPUTE LETTERS ,FCBA & FDCPA VIOLATIONS

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Thank You for the response 1stStep, on many of there discovery requests i replied with Objection ,Argumentative, Irrelevant,Immaterial, assumes facts not in evidence.

but in there reply to my Discovery i get - it is vague,ambiguous,contains numerous undefined terms, is overly broad, and Unduly burdensome, plaintiff further objects to request because of information protected by attorney-client priviledge, the work product or seeks trade secret informationand is confidential and proprietary, calls for attorney work produce.

\WELL this is breach of contract case- and there trying every trick to gain an advantage thats why there doing this what do you reccomend i do to prepare for this hearing?

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without knowing waht the question was, and how you answered it, its hard to tell you one way or the other.

generally your response would be that either you answered the question or the question they asked is one that you cannot answer because you just dont know, etc. or you can say the question is irrelevant although i doubt that will fly too far. but again, nobody knows how you responded to discovery

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Im just wondering about being ambushed for im going up against experienced DC lawyers, not understanding why this case is still in the court system , got there MSJ denied , they filed motion to dismiss counterclaims-Denied also. I have Citibank on numerous FCBA violations and , DC with many FDCPA violations, i had asked in docs to have this case dismissed with predjudice yet still scheduled for jury trial by my choosing, just got docs today they want to push jury trial date back- so i have time to answer there Discovery ( compellled).How nice of them.

any other ideas that may be helpful ?

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I am going to assume it is Citibank that is suing you and not a JDB, when an OC is suing you and not a JDB is can be much tougher to beat them.

The responses you got were typical of the BS anwsers to discovery that are typical of JDB's, OC's are usually able to supply proof of the account.

They can't get a default judgement on you as you have anwsered the suit, they would be going for a motion for summary judgement.

I think they are trying to bully you personally, they are the ones who have to prove the case and when they send you discovery questions that are full of questions that they themselves should already know and have evidence to prove it, you are in no way required to make their case for them.

Now you do have to anwser the discovery properly, just putting objection or irrelevant is not always enough, you have to explain why. I don't know if they are trying to get you on that or what.

Discovery is something that the courts prefer the two sides to settle and deal with out of court. They can file a motion to compel, but that will only require you to respond back to discovery within a certain amount of time.

I don't know how a trial can be set already when discovery has not been settled, maybe I missing something. You really need to be ready to assert your rights, it doesn't sound like they have much of a case and are trying to intimidate you. Again I can't say for sure without knwoing if you did discovery properly,etc, still having a trial set for 10 days after a discovery hearing sounds weird.

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Im just wondering about being ambushed for im going up against experienced DC lawyers, not understanding why this case is still in the court system , got there MSJ denied , they filed motion to dismiss counterclaims-Denied also. I have Citibank on numerous FCBA violations and , DC with many FDCPA violations, i had asked in docs to have this case dismissed with predjudice yet still scheduled for jury trial by my choosing, just got docs today they want to push jury trial date back- so i have time to answer there Discovery ( compellled).How nice of them.

any other ideas that may be helpful ?

my questions and concerns remain the same. everything you are saying has nothing to do with their motion to compel (msj denied, mtd denied, violations, etc)

a motion to compel is common...usually when a party refuses to answer or take part in discovery or when their answers are evasive.

yes they are more experienced but you should concentrate on filing a reply and articulating why their motion should be denied and/or that your answers to discovery are sufficient. your argument should be that you've answered them to the best of your ability

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thank you fightemdontfold, these are debt collector Lawyers, trial was set before we traded discovery requests -was already set for bench trial ( I know all about C.A.F.R. fund -& knew my chances wernt good with a Judge ie bench trial )then they sent a 2nd set in the mean time prolly on purpose, cause they feel like they lost there footing in this case and pow wow with judge to get something in there favor. I followed the letter of the law in all my docs and were done properly .

I will heed your adice & THANK YOU jackson212 , getting different views helps me , DC & OC yes there flagrantly breaking Federal laws but hey thats ok for them and the judge thank you for your time and responses very helpful.

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If they are going to complain to the judge, which they probably won't, about you not supplying basic information about the account through discovery ,when you have denied the account even being yours, then they will probably be laughed out of court.

The burden of proof is on them, they have to make their case, not you.

I can't imagine them wanting to confront you in court when you have shown yourself to be not the average default. Perhaps they will try to pressure you into settling before the trial, of course you should tell them to get lost.

I would stick to your guns and don't doubt yourself, that is what they want. As a third party (JDB) and not an OC they have very little ammo.

Have you had a chance to sit in on any cases that have went to trial at that particular courthouse?? Back when I thought my case had a chance of going to trial, I did that a number of times. The fact is it is hard to find many of these cases that even go to trial.

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If they are going to complain to the judge, which they probably won't, about you not supplying basic information about the account through discovery ,when you have denied the account even being yours, then they will probably be laughed out of court.

The burden of proof is on them, they have to make their case, not you.

I can't imagine them wanting to confront you in court when you have shown yourself to be not the average default. Perhaps they will try to pressure you into settling before the trial, of course you should tell them to get lost.

I would stick to your guns and don't doubt yourself, that is what they want. As a third party (JDB) and not an OC they have very little ammo.

Have you had a chance to sit in on any cases that have went to trial at that particular courthouse?? Back when I thought my case had a chance of going to trial, I did that a number of times. The fact is it is hard to find many of these cases that even go to trial.

THANK YOU for the support FIGHTEMDONTFOLD- WHAT THESE DEBT COLLECTOR ATTORNEYS ARE DOING IS-filing a motion for hearing but making it before i have time to respond to , therefore predjudicing me in answering( im sure there having pow wow's with judge to find a way to gain an advantage) I need to respond in writing before the hearing - I think they want me NOT to respond in writing so Judge can make a ruling at the hearing or after in closed chambers - and say i didnt respond in time. Frankly i havent heard of any of these cases going thru Jury trial in my court, Judge is aware im somewhat inexperienced but he knows all my points are valid and Plaintiff's are lining his retirement fund.

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Your honor the Plaintiff is asking such basic questions that it would lead the not perform Defendant to believe the Plaintiff did not perform due diligence in acquiring enough basic evidence to file a suit, and is asking the Defendant to give them the information that they need to prevail. It is not the Defendants responsibility to supply the Plaintiff with information of this type, it also violates the 5th and 14th amendments of the U. S. Constitution.

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Motions to strike are arguable by right, which means you have to go to court and argue in front of a judge. If you don't show up, the lawyer will probably be granted the motion. Motions to strike test the legal sufficiency of an answer, pleading, etc. You need to read the rules of practice, it will be in there.

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Interesting comments BTO relative to your comments about the discovery questions being basic.

I was taken back when I recieved the discovery requests from the nimrods that sued me, almost every questions was basic account information that they should have knowledge of already. I just saw it as comical but didn't think it could actually be a violation of the Constitution.

My experiance has lead me to believe that a guy who wrote a book on fighting the JDB's whose website I visited before I was even sued had a summary of events that rings true, again it did in my case.

The JDB files these suits with little to nothing to prove their case. They bank on the default judgement as 90% of the time people don't contest the case and they win by default.

When a person anwsers properly and doesn't give the JDB grounds for a motion for summary judgement (defendant somehow admits to the debt being valid and theirs in anwser) the JDB will send off discovery requests to the defendant. They do this hoping the defendant will somehow foul up anwsering the discovery which would give them hope of a judgement in their favor. Once the defendant has anwsered discovery and done that properly, the case is pretty much caput as they have nothing to prove their claims and it is not worth their time and trouble to pursue it.

It might take some time, the case filed against me sat for 8 months after the anwser, but it will usually be dismissed at some point, it will die a quiet death.

In your case they seem to be trying to ramrod it through on a technicality, the discovery issues. Unless the judge is biased toward the JDB's, I don't see them getting anywhere. I would be adamant that you deny the alleged debt being yours and perhaps even mention the assinine nature of the discovery requests they sent you, tell the judge many of the questions are things they should know already if they have a valid claim.

I am glad I am not in your position to be honest, I really feel that sometimes it comes down to the particular judge, this board has many stories of judges that seem like they are on the take for these JDB's that sue, they are very biased against pro se people, but there are also many who are fair too. I just can't figure out why they think they can get away with what they are doing, I hope they are not doing it because the judge is bias toward them and they think they will get a favorable outcome.

That is nothing that you can control though so don't let that distract you from putting your best argument forward. There is no shame in fighting them. I have to say unless the judge is a bias a-hole then you should come out fine. Why do I have a feeling that they won't even show up, I just can't make sense of what they are trying to accomplish aside from trying to ramrod it through anyway they can. Again I am glad I haven't had to go to court yet except on motions I have filed.

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