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Motion to Compel/Deemed Admitted Question - Harris & Zide in CA


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Hi everyone,

I have used this site extensively to get to the current pre-trial point I am at in my common counts/breach of contract lawsuit from Harris & Zide (representing Discover Bank) for a measly sum less than $3,000. So, thanks to everyone and to this site. It has been so helpful and has made me feel less powerless.

I answered their summons with several aff defenses, including SOL, lack of contract/evidence, etc.

I sent a request for Bill of Particulars (using this site of course). H&Z has provided one statement. On the statement it referred to my account as charge-off. I have sent 10 day notice for them to send all requested documentation as listed in the BOP.

I missed the 30 day deadline on discovery (interrogatories & admissions), at which point H&Z filed 2 motions. As soon as I became aware of them, I responded to the discovery requests using guidance from this site. I then responded to the motions, arguing that 1) I did not receive the discovery requests & only saw them once I saw Motions posted on the county court's online site and 2) that H&Z had failed to meet & confer by phone or in person despite 2 written requests that they do so -- the discovery matters could have been settled easily had H&Z picked up the phone to call me.

Judge wrote tentative ruling saying that my defenses weren't really proper since my lack of response meant I had no recourse (I knew this) BUT he ordered us to meet & confer. Even after this, H&Z has not provided a direct phone line to the lawyer, only to a collection agent.

Then today, I received in the mail from H&Z a document called a Notice of Withdrawal of Motion to Compel Interrogatories and Statements Deemed Admitted. It included a proof of service. I am tentatively marking this as a victory. After 2 CMCs where they hired a local lawyer to represent them and 2 motions hearing that have been continued and scheduled along with another CMC, I think I am starting to cost them too much money.

And now, finally, my question: Since I find H&Z to be shady and suspect, how can I be sure that this withdrawal of motions is proper and not some trick to get me off guard? They have to file it with the court, right? So it is not official until it appears in the register of actions, right? And don't they have to file two separate notices?

Also, I am contemplating attempting to call and then write H&Z advising that they consider dropping the case unless they can produce a copy of the contract and every statement since I've opened the account (to prove SOL), that I plan to take the matter to trial and that they will lose.

Any feedback is appreciated.

P.S. Did anyone ever get to the bottom of law firms/debt collectors like H&Z claiming to represent companies like Discover Bank when they actually own the debt??

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I am not sure about CA law, but have you thought about pushing it into arbitration now. They have already spent considerable money fighting you, and if you can still elect arbitration, it will cost them considerably more. If they are on the fence now, arbitration will not only push them over, it will help them realize you are on the other side with a pack of pitbulls waitig for them.

Again, this depends on if you can still elect at this point in the proceedings. Some states you have to elect before you get to ttrial or file an answer.

When do they allege your last payment was?

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Hi stick101010. They say 2008, but they have not provided any evidence proving this. The only thing they sent after the BOP was a statement from 2008 that said "Charge-off" in the transaction history. Plus I thought that in CA SOL starts the *first* time you are delinquent on the account. Wouldn't this mean they need to provide every statement since the account was opened?

We have both indicated in CMC statements that we don't want arbitration. I'm not sure what it possible now. I would have to look into it. This is the first time I have heard anyone mention arbitration as a strategy. Sounds interesting.

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their plan to have the admissions deemed admitted failed. They would have only gotten sanctions if you hadn't fought the sanctions.

So now they are taking the motion off calendar.

check with the court and keep fighting them.

If they play discovery games get a limited scope attorney and get them for discovery sanctions.

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