shelbee

being sued by GCFS; answered complaint..next step??

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Hi everyone!

I was recently sent a complaint by Greater California Financial Services aka GCFS, Inc. after viewing some of your posts here, I was able to submit an "Answer" just days ago ( on the 30 day mark). As a newbie, I am looking for guidance and direction for each step that I must take to win this case! Ive been reading the threads for the last few nights and my eyes are ready to burst!:shock: What I would like to know is what is the exact protocol that follows the filing of my "Answer" to the complaint. I have read about Discovery and a Bill of Particulars etc. If someone can point me in the right direction, I d be happy to read up on a thread that may have a similar situation. I so appreciate everyone that takes time out of their day to help others. Thank you all in advance for your unselfishness!

God bless,

Shelbee xdancex

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:)++ Benvenuto!

There are several well read CA people here who will chime in very soon for you. But I have been reading that CA people seem to like to do a BOP (Bill of Particulars). Have you read up on that?? You might want to search the board here and start learning about it if you have not.

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GCFS appears to be a collection agency...that being said, is this a consumer or business debt?

Consider sending them a bill of particulars (CCP 454) - that should stump them.

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Thank you both! I will check out the BOP. It may or may not be a business debt. I was a sole proprietor and did have a few CC's. I will check on that. Do the laws change if it was for business debt? Does one send a BOP before request for discovery or simultaneously??? Thank you again!!

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Business debt is different - the FDCPA does not apply.

As far as the BOP, I'd send it after answering the complaint.

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Thank you both! I will check out the BOP. It may or may not be a business debt. I was a sole proprietor and did have a few CC's. I will check on that. Do the laws change if it was for business debt? Does one send a BOP before request for discovery or simultaneously??? Thank you again!!

Sole Proprietor = the business IS you! So, probably does not matter (in regards to being sued--tax man might say a bit differently) that the debt was "for the business" because the business is YOU!

IF you organized your business as a corp or LLC, THEN you might have "business debt". But whose name is on the card? Are they in your name or the name of the business (with you as an authorized user)? Even if you were just an "authorized user" what type of "authorized user" (yes, there is actually different kinds...)?

(of course you might want to check with an attorney or your tax preparer/accountant. and don't forget to research and read as I don't live in your state of residence, so the rules are YMMV)

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Sole Proprietor = the business IS you! So, probably does not matter (in regards to being sued--tax man might say a bit differently) that the debt was "for the business" because the business is YOU!

IF you organized your business as a corp or LLC, THEN you might have "business debt". But whose name is on the card? Are they in your name or the name of the business (with you as an authorized user)? Even if you were just an "authorized user" what type of "authorized user" (yes, there is actually different kinds...)?

(of course you might want to check with an attorney or your tax preparer/accountant. and don't forget to research and read as I don't live in your state of residence, so the rules are YMMV)

The name on the card had my business name then my name -acutually I cannot remember if my name was listed or not. I think it was just the business name and I was the main signer on the account. possibly the only signer (If anything I may have added my husband)... Good idea about checking with our tax person. would I be subject to any different laws bc this is a business debt even if I am a sole Prop. ? (question for the tax person ;)

thank you! xdancex

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Business debt is different - the FDCPA does not apply.

As far as the BOP, I'd send it after answering the complaint.

Thanks 1st Step.... Do you think it may be different being a Sole proprietor? The complaint was sent to me and the business name is nowhere to be found or even mentioned ..?? Would then that make them subject to the FDCPA??

Ok.. so I sent the answer to the complaint and now will send the BOP. just confirming when would i then send the request for discovery or do you think the BOP will possibly put a halt to it?? thanks again!!!!!!!!!

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The BOP will stump them...they'll have 10 days to itemize the account activity since inception...not something easily done if they are a JDB or CA.

What exactly are they suing on? Breach of contract? Common counts? Account stated? All three?

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You don't even know the character of the debt? Credit card? bank line of credit? Come on, you have to help us before we can help you. Post the complaint word for word (type it into the box, no pictures) and redact your name. Change the amount slightly. Round it off. Names of the plaintiff and their attorneys can be left. This sounds like a junk debt buyer who bought a credit card account. If it is a business account where you signed personally, you're on the hook, and your husband may also be, since CA is a community property state. We need more details, CA is a tough state to decipher.

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You don't even know the character of the debt? Credit card? bank line of credit? Come on, you have to help us before we can help you. Post the complaint word for word (type it into the box, no pictures) and redact your name. Change the amount slightly. Round it off. Names of the plaintiff and their attorneys can be left. This sounds like a junk debt buyer who bought a credit card account. If it is a business account where you signed personally, you're on the hook, and your husband may also be, since CA is a community property state. We need more details, CA is a tough state to decipher.

hi... wow..its been a crazy few weeks.. i had a few setbacks.. however i am moving forward and glad to be back. :) ...

This is a credit card debt. Even thought I thought it might be a business CC, I still believe it to be a personal CC. My business name was not listed anywhere and by memory I believe its a personal CC.

I have received the following documents from Plaintiff : 1. Summons (filed) original did not have a proof of service and there is a future hearing for that 2. Complaint (filed) 3. POS with INTERROGATORIES (no clerk stamp, not listed as "filed" on court website)

I have sent the following: 1. Answer (Filed) 2. POS (Filed)

I have also filed a: 1. Request to waive court fees (which was denied and i have a hearing on Monday regarding the denial ;/

I will post the complaint as you described- word for word. Its quite long. :/ Thanks for the tips .. i previously stated the CA's name so i included it. I hope that is ok.

here it goes... Below is the complaint (A Summons was attached as well) :

attorney or party without attorney(name state bar number and address) PLD-C001

Manny, Moe-Jack 12345

address, telephone number

attorney for: Plaintiff

_________________________________________________________

SUPERIOR COURT OF CALIFORNIA OF LOS ANGELES

address, branch name

__________________________________________________________

PLAINTIFF: GCFS, INC. a California corporation

DEFENDANT:BETTY SPAGHETTI aka BETTY A SPAGHETTI

X DOES 1-5

___________________________________________________________

CONTRACT

X COMPLAINT AMENDED COMPLAINT (Number)

CROSS COMPLAINT AMENDED CROSS COMPLAINT (Number)

Jurisdiction (check all that apply)

X ACTION IS A LIMITED CIVIL CASE

Amount demanded X does not exceed $10,000

1. Plaintiff* (name or names)GCFS, INC., a California corporation

Alleges causes of action against defendant* (name or names) BETTY SPAGHETTI aka BETTY A SPAGHETTI, and DOES 1-5

2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 (FOUR)

3. a. Each plaintiff named above is a competent adult

X except plaintiff (name): GCFS, INC., a California corporation

(1) X a corporation qualified to do business in California

(2) an unincorporated entity (3) other (specify)

b. Plaintiff* (name or names)GCFS, INC., a California corporation

a. X has complied with the fictitious business name laws and is doing business under the fictitious name (specify): GREATER CALIFORNIA FINANCIAL SERVICES

4. a. Each defendant named above is a natural person

Except defendant (name)

(lists 5 options, none of which are marked with ‘X’)

b. the true names of the defendants sued as Does are unknown to plaintiff

(lists 2 options none of which are marked with ‘X’)

5. Plaintiff is required to comply with a claims statute, and (none of these options marked X )

a. has complied with applicable claims statues, or

b. is excused from complying because

6. this action is subject to Civil Code section 1812.10 Civil code section 2984.4 (none marked)

7. This court is the proper court because

a. A defendant entered in to the contract here

b. A defendant lived here when the contract was entered into.

c. X A defendant lives here now

d. The contract was to be performed here

e. A defendant is a corporation or unincorporated association and

its principal place of business is here

f. real property that is the subject of this action is located here

g. other (specify)

8. the following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached).

a. X Breach of Contract

b. X Common Counts

c. other (specify)

9. X Other allegations: GCFS, INC is a successor on interest to CHASE BACK USA N.A. formerly CHASE MANHATTAN BANK.

10. Plaintiff prays for judgement for costs of suit; for such relief as is fair, just and equitable; and for

a. X damages of $7000.00

b. X interest on the damages

(1) According to proof

(2) X At the rate of 24% per year from the date: 00-00-09

c. X attorney’s fees

(1) X $450

(2) According to proof

d. other (specify) 1. costs of suit 2. For other and further relief as the Court deems proper

11. The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers)

Date:00/00/11 (signed)

Type or print name signature of plaintiff or attorney

_________________________________________________________________

FIRST CAUSE OF ACTION- Breach of Contract

number

ATTACHMENT TO X Complaint Cross- Complaint

(use a separate cause of action form for each cause of action)

BC-1 Plaintiff (name): GCFS, INC., a California corporation alleges that on or about (Date): 00/00/05

a. X written oral other: Credit Card agreement

agreement was made between (name parties to agreement): Plaintiff’s assignor and defendant

X The essential terms of the agreement ___ are stated in attachement BC-1 X are as follows:

Defendants, by taking the delivery of and using the bank credit card issued by plaintiff’s Assignor, agreed to the terms and conditions in the bank disclosure agreement that plaintiff’s assignor mailed to defendants, in particular the promise to make monthly payments of principal and periodic interest, as contained in billing statements to defendants for CHASE BANK USA N.A., ‘XYZ credit card account number ending with XXXX

BC-2 On or about: 00-00-09

Defendant breached the agreement by ___ the acts specified in Attachement BC-2

X the following acts : failure to pay the sum shown in the monthly billing statements,

And by failing to cure such delinquencies despite rebillings

BC- 3 Paintiff has performed all obligations to defendant except those obligations plaintiff was Prevented or excused from performing

BC-4 Plaintiff suffered damages legally (proximately) caused by defendants breach of agreement

_____ in Attachement BC-4

BC-5 X Plaintiff is entitled to attorney fees by an agreement or a statute

X of $450

According to proof

BC-6 X Other

1. Costs of suit 2. for other and further relief as the Court deems proper

_________________________________________________________________

SECOND CAUSE OF ACTION- Common Counts

ATTACHMENT TO: X Complaint ____ Cross-Complaint

(use a separate cause of action form for each cause of action)

CC-1 Plaintiff (name) GCFS, INC., a California corporation alleges that defendant (name) : Defendants

Became indebted to ___ plaintiff X other (name) Plaintiff’s assignor

a. X within the last four years

1. ____ on an open book account for money due

2. X because an account was stated in writing by and between plaintiff and defendant in which I was agreed that defendant was indebted to plaintiff

b. all options here were not marked with an X

CC-2 $7000 which is the reasonable value, is due and unpaid despite plaintiff’s demand.

Plus prejudgment interest ___ according to proof X at the rate of 24 % per year from date: 00-00-09

CC-3 Plaintiff is entitled to attorney’s fee by an agreement or statute (nothing marked X)

___ of $

___ according to proof

CC-4 other:

______________________________________________________________

Thank you all in advance for you input and time!! :):)++

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So it appears from the filing that GCFS is a JDB...this is good!

Send GCFS a BOP ASAP via CMRRR. If you do this right out the gate, this case will dismiss pretty quickly.

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So it appears from the filing that GCFS is a JDB...this is good!

Send GCFS a BOP ASAP via CMRRR. If you do this right out the gate, this case will dismiss pretty quickly.

ok I can do this. I havent searched this site for just how or what to include in this. Do i also have to "file" this BOP with the court or just send them a BOP?

I also received Interrogatories (Which consisted of pages of what looks like copies of application only my name and signature are nowhere.. its just a bunch of jargon. I need to read through it to confirm that.. they also included some statements (NOT from inception).... ALSO, they listed "First Bank" on the application and I never applied with First Bank...???

also, Monday i go before the judge to - i guess- "Appeal" the denial of my fee waiver request. any suggestions with that? Can i extend that at all? Can it be done in writing instead? If going will give me a good chance to waive these court fees (over $200) then i will go... Thanks so much!!

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The BOP would be sent to them on pleading paper - I'd send it Certified Mail.

As far as the interrogatories, post them here and we'll take them apart...

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The BOP would be sent to them on pleading paper - I'd send it Certified Mail.

Ok. Will do... to confirm- I do NOT have to file this with the court? I just send the docs CMRR. ;)

As far as the interrogatories, post them here and we'll take them apart...

First page : POS -030 (it was NOT stamped in the right side box)

4. b. X placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

______________________________________________________________

page 1/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

Asking Party: GFCS, INC, a California corporation

Answering Party: Betty A. Spaghetti

Set No.: ONE

Sec. 1- instructions to All Parties (a-c)

Sec. 2- Instructions to the Asking Party(a-g)

Sec. 3- Instructions to the Answering Party (a-g)

Sec. 4 Definitions - Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: a X (1) Incident includes the circumstances and events surrounding the alleged accident, injury or other occurrence or breach of contract giving rise to this action or proceeding.

_______________________________________________________________

page 2/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

102.0 general Background information-Individual

X 102.1 State your name, any other names by which you have been known and your ADDRESS

X 102.2 State the date and place of your birth

X 102.4 State each residence ADDRESS for the last 5 years and the dates you lived at each ADDRESS.

X 102.5 State the name, ADDRESS, and telephone number each employer you have had over the past five years and the dates you worked for each.

_______________________________________________________________

page 3/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible in whole or in part for plaintiff's damages.

________________________________________________________________

page 4/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

nothing was marked with "X"

_______________________________________________________________

page 1/1 REQUESTS FOR ADMISSION

REQUESTS FOR ADMISSION

X Truth of Facts X Genuineness of Documents

Requesting Party: GCFS, INC a California corporation

Answering Party: Betty A Spaghetti

Set No. ONE

INSTRUCTIONS

(below is the first sentence... do you need the entire 4 paragrahs? )

Requests for admission are written requests by a party to an action requiring that any other party to the action either admit or deny, under oath, the truth of certain facts or the genuineness of certain documents.

I declare under penalty of perjury under the laws of the State of Ca that the foregoing answers are true and correct.

REQUESTS FOR ADMISSION

You are requested to admit within 30 days after service, or within 5 days after service in an unlawful detainer action , of this Requests for Admission that:

1. X Each of the following facts is true (if more than one, number each fact consecutively)

X Continued on Attachment 1

2. X The original of each of the following documents, copies of twhich are attached, is genuine (if more than one, number each document consecutively) :

X Continued on Attachment 2

__Manny Mo - Jack __SIGNED_____________________

TYPE OR PRINT NAME SIGNATURE OF PARTY OF ATTORNEY

_____________________________________________________________

Attachments to follow ...................... :lol:

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First page : POS -030 (it was NOT stamped in the right side box)

(On pleading paper) GCFS, INC ,Plaintiff, vs BETTY SPAGHETTI, Defendant

ATTACHMENT TO ITEM 1

item 1 continued

The following definition are made pursuant to Code of Civil Procedure § 2033.060(e): PLAINTIFF or GCFS: Plaintiff, GCFS, Inc.

DEFENDANT, YOU or YOUR: Defendant, Betty Spaghetti aka Betty A Spaghetti

BANK: Chase Bank USA, N.A. formerly Chase Manhattan Bank and any of its predecessors-in interest.

CREDIT CARD: The Chase "XYZ program" credit card account number XXXX opened in the name of Betty Spaghetti, Defendant.

ACCOUNT: The account based on Chase "XYZ program" account number XXXX

AGREEMENT: The Cardmember Agreement attached hereto as EXHIBIT A and made a part hereof by reference

REQUESTS FOR ADMISSION:

Request No. 1

GCFS is, and was at all times material to the subject matter of this lawsuit, a corporation qualified to do business in California.

Request No. 2

GCFS is, and was at all times material to the subject matter of this lawsuit, the owner and holder of all rights, title, and interest in the ACCOUNT

Request No. 3

GCFS is the final successor-in interest to BANK on the ACCOUNT

______________________________________________________________

page 3

Request No. 4

the AGREEMENT contains the terms and condition that govern the ACCOUNT

Request No. 5

the AGREEMENT contains provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT.

Request No. 6

BANK issued YOU the CREDIT CARD

Request No. 7

YOU used the CREDIT CARD to purchase good and/or services on the ACCOUNT

Request No. 8

YOU electronically signed the AGREEMENT by using the CREDIT CARD.

Request No. 9

On or about 00/00/09 YOU breached the AGREEMENT

Request No. 10

The BANK performed all obligations to YOU pursuant to the terms of the AGREEMENT, except those obligations which they were excused from performing.

Request No. 11

BANK suffered damages caused by YOUR breach of the AGREEMENT in the sum of $ 7000 together with the agreed interest rate of 24 .00 per annum from 00/00/09

_______________________________________________________________

page 4

Request No. 12

YOU became indebted to BANK within the last four years.

Request No. 13

An account was stated in writing between the BANK and YOU.

Request No. 14

It was agreed that YOU were indebted to the BANK in the sum of $7000

Request No. 15

YOU have no valid affirmative defenses to the causes of action in PLAINTIFF'S complaint.

Date: 12/00/11 Signed______________

Manny Mo-Jack

Attorney for Plaintiff

_________________________________________________________

EXHIBIT A

5 pages of poorly copied Cardmember Agreement. almost looks like it may have been copied from a brochure(??).. It list NO applicant and NO signatures are listed its purely informational.

_________________________________________________________

ATTACHMENT TO ITEM 2

(On pleading paper) GCFS, INC ,Plaintiff, vs BETTY SPAGHETTI, Defendant

_____________________________________________________________

page 2 item 2 continued

Defendant's CREDIT CARD APPLICATION is hereto attached as Exhibit 1

CHASE's CARDMEMBER AGREEMENT is hereto attached as Exhibit 2

Defendant's CHASE STATEMENTS are hereto attached as Exibit 3

AFFIDAVIT OF CORRECTNESS is hereto attached as Exhibit 4

Date: 12/00/11 Signed

Attorney for Plaintiff

___________________________________________________________

Exhibit 1

First USA INTERNET APPLICATION 00/00/05

PRIMARY APPLICANT INFO

What is listed on this page is some sort of print out which lists my name, SS #, home phone, address, DOB, employer:unknown, Mothers maiden name, Authorized user name

_____________________________________________________________

Exhibit 2

another poorly copied 5 page Cardmember Agreement

_____________________________________________________________

Exhibit 3

38 pages of statements dated from 06/08 - 11/09

______________________________________________________________

Exhibit 4

AFFIDAVIT OF CORRECTNESS

STATE OF TEXAS COUNTY OF TARRANT

notarized (in TX)

Affiant is the President/CEO of XXXXX company LP (NOT listed As GCFS, INC)

and in that capacity, Affiant has knowledge of the account data that was trnasferred to XXXXXX company LP from CHASE BANK USA (The "Seller") representing the debt (The "Account") made by BETTY A SPAGHETTI (the debtor") made payable to CHASE BANK USA(the "Orginal" creditor..

(This is the first paragraph and this notarized page is signed by the president and CEO of a company other than the plaintiff) ....

______________________________________________________________

page 1

On pleading paper) GCFS, INC ,Plaintiff, vs BETTY SPAGHETTI, Defendant

REQUEST FOR PRODUCTION OF DOCUMENTS

Demanding Party: GCFS, INC.

Responding Party: BETTY A SPAGHETTI

SET ONE

Pursuant to Code of Civil Procedure section 2031.010, Plaintiff, GCFS, INC. ("Plaintiff") hereby demands that the Defendant, BETTY A SPAGHETTI, (Defendant) identify and produce for inspection and photo copying the following documents described below:

INSTRUCTIONS

A. Defendant shall identify in a written response , subscribed under oath, and served within thirty (30) days after service of this Demand, each and every document specified below.

_______________________________________________________________

page 2 REQUEST FOR PRODUCTION OF DOCUMENTS

B. The documents identified in Defendant's response shall be made available for inspection and photocopying by Plaintiff on Wednesday January XX, 2012 at 9am , at GCFS, INC., located at (GCFS address listed here)

C. Defendant is required to furnish all responsive documents writing s and things in her actual or constructive possession custody or control or in the possession, custody or control of any person acting on her behalf, under its control, or under her agents, servants, or representatives.

D. If you are unable to comply fully with any request, comply to the fullest extent possible, and then state the reason for your inability to fully compy with any such request and identify the documents and things you are unable to produce. If any responsive documents or things ar eknown or believed to have been lost, missing, or destroyed, you are requested to briefly identify each item by date,author, subject, and content.

DEFINITIONS

(do you need me to list this???? it defines "Defendant" , "Documents" etc.

_______________________________________________________________

page 3 REQUEST FOR PRODUCTION OF DOCUMENTS

21 requests.. (Can list if needed)

___________________________________________________

page 4 REQUEST FOR PRODUCTION OF DOCUMENTS

4 item requests..

1- all correspondence sent by Defendant regarding Chase...... credit card account number xxxx

2- All documents and correspondence including billing statements, Defendant received regarding the above stated credit card account

3- All documents showing that Defendant is not indebted to Plaintiff in the sum of $7000 (plus interest) or in any sum at all.

4- Copies of any and all documents that support or evidence all affirmative defense that Defendant intends to raise against Plaintiff's complaint

Date: 12/00/09 signed (Attorney for Plaintiff)

____________________________________________________________

phew! cant wait to hear responses to this?? :)

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Wow....you were handed a gift...GCFS bought this from another JDB??? In that case, you can attack their standing - it seems if they can't provide a complete chain of title, then they don't have standing to sue.

Send the BOP off ASAP - I don't think they will be able to comply.

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X 102.1 State your name, any other names by which you have been known and your ADDRESS

Betty Spaghetti etc

X 102.2 State the date and place of your birth

OBJECTION Irrelevant and immaterial to the instant action

X 102.4 State each residence ADDRESS for the last 5 years and the dates you lived at each ADDRESS.

Okay, I would give my current address and no more

X 102.5 State the name, ADDRESS, and telephone number each employer you have had over the past five years and the dates you worked for each.

OBJECTION Irrelavant and not likely to lead to admissible evidence

__________________________________________________ _____________

page 3/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible in whole or in part for plaintiff's damages.

OBJECTION argumentative and lacking in foundation.

__________________________________________________ ______________

page 4/4 FORM INTERROGATORIES-LIMITED CIVIL CASE (Economic Litigation)

nothing was marked with "X"

__________________________________________________ _____________

page 1/1 REQUESTS FOR ADMISSION

REQUESTS FOR ADMISSION

X Truth of Facts X Genuineness of Documents

Requesting Party: GCFS, INC a California corporation

Answering Party: Betty A Spaghetti

Set No. ONE

INSTRUCTIONS

(below is the first sentence... do you need the entire 4 paragrahs? )

REQUESTS FOR ADMISSION

X Continued on Attachment 1

2. X The original of each of the following documents, copies of which are attached, is genuine (if more than one, number each document consecutively) :

X Continued on Attachment 2

OBJECTION Genuineness of documents is a matter for plaintiff to prove

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REQUESTS FOR ADMISSION:

Request No. 1

GCFS is, and was at all times material to the subject matter of this lawsuit, a corporation qualified to do business in California.

OBJECTION The request calls for a pseudo legal conclusion based upon information which is beyond defendant's scope of knowledge.

Request No. 2

GCFS is, and was at all times material to the subject matter of this lawsuit, the owner and holder of all rights, title, and interest in the ACCOUNT

OBJECTION The request calls for a pseudo legal conclusion based upon information which is beyond defendant's scope of knowledge.

Request No. 3

GCFS is the final successor-in interest to BANK on the ACCOUNT

OBJECTION The request calls for a pseudo legal conclusion based upon information which is beyond defendant's scope of knowledge.

_____________________________________ ____________

page 3

Request No. 4

the AGREEMENT contains the terms and conditions that govern the ACCOUNT

ADMITTED to the extent that the "agreement" appended to the request seems to set forth terms of a generic credit card contract. DENIED to the extent that defendant avers that the agreement attached does not apply to defendant, or ever did, in any provable manner.

Request No. 5

the AGREEMENT contains provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT.

DENIED to the extent that defendant avers that the agreement attached does not apply to defendant, or ever did, in any provable manner.

Request No. 6

BANK issued YOU the CREDIT CARD

ADMITTED to the extent that defendant has been issued credit cards. The remainder of the request is denied pending discovery.

Request No. 7

YOU used the CREDIT CARD to purchase goods and/or services on the ACCOUNT

DENIED pending discovery. Defendant does not recall use of each specific credit card defendant may have been issued.

Request No. 8

YOU electronically signed the AGREEMENT by using the CREDIT CARD.

See response to 7

Request No. 9

On or about 00/00/09 YOU breached the AGREEMENT

OBJECTION Argumentative and lacking in foundation. No agreement has been provably established, therefore the term "breach" is moot and additionally calls for a legal conclusion.

Request No. 10

The BANK performed all obligations to YOU pursuant to the terms of the AGREEMENT, except those obligations which they were excused from performing.

OBJECTION Lacks foundation. No "obligations" of any bank are known to defendant, therefore defendant cannot admit or deny.

Request No. 11

BANK suffered damages caused by YOUR breach of the AGREEMENT in the sum of $ 7000 together with the agreed interest rate of 24.00 per annum from 00/00/09

OBJECTION Calls for a legal conclusion. Damages caused by an alleged breach of an unproven agreement are matters for the court to decide.

__________________________________________________ _____________

page 4

Request No. 12

YOU became indebted to BANK within the last four years.

DENIED pending discovery

Request No. 13

An account was stated in writing between the BANK and YOU.

DENIED pending discovery

Request No. 14

It was agreed that YOU were indebted to the BANK in the sum of $7000

DENIED pending discovery

Request No. 15

YOU have no valid affirmative defenses to the causes of action in PLAINTIFF'S complaint.

DENIED

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Exhibit 4

AFFIDAVIT OF CORRECTNESS STATE OF TEXAS COUNTY OF TARRANT

notarized (in TX)

Affiant is the President/CEO of XXXXX company LP (NOT listed As GCFS, INC)

and in that capacity, Affiant has knowledge of the account data that was transferred to XXXXXX company LP from CHASE BANK USA (The "Seller") representing the debt (The "Account") made by BETTY A SPAGHETTI (the debtor") made payable to CHASE BANK USA(the "Orginal" creditor..

(This is the first paragraph and this notarized page is signed by the president and CEO of a company other than the plaintiff) ....

This would make excellent toilet paper. That's about all it is worth. Completely inadmissible in my opinion.__________________________________________________ ____________

page 1

On pleading paper) GCFS, INC ,Plaintiff, vs BETTY SPAGHETTI, Defendant

REQUEST FOR PRODUCTION OF DOCUMENTS

Demanding Party: GCFS, INC.

Responding Party: BETTY A SPAGHETTI

SET ONE

__________________________________________________ _____________

page 2 REQUEST FOR PRODUCTION OF DOCUMENTS

__________________________________________________ _____________

page 3 REQUEST FOR PRODUCTION OF DOCUMENTS

21 requests.. (Can list if needed)

__________________________________________________ _

page 4 REQUEST FOR PRODUCTION OF DOCUMENTS

4 item requests..

1- all correspondence sent by Defendant regarding Chase...... credit card account number xxxx

2- All documents and correspondence including billing statements, Defendant received regarding the above stated credit card account

3- All documents showing that Defendant is not indebted to Plaintiff in the sum of $7000 (plus interest) or in any sum at all.

4- Copies of any and all documents that support or evidence all affirmative defense that Defendant intends to raise against Plaintiff's complaint

Defendant objects generally to the oppressive, argumentative, compounded, burdensome character of the requests. The complete lack of specificity makes the requests impossible to comply with. Additionally, the information sought is assumedly already known to plaintiff through its business records.

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Exhibit 4

AFFIDAVIT OF CORRECTNESS STATE OF TEXAS COUNTY OF TARRANT

notarized (in TX)

Affiant is the President/CEO of XXXXX company LP (NOT listed As GCFS, INC)

and in that capacity, Affiant has knowledge of the account data that was transferred to XXXXXX company LP from CHASE BANK USA (The "Seller") representing the debt (The "Account") made by BETTY A SPAGHETTI (the debtor") made payable to CHASE BANK USA(the "Orginal" creditor..

(This is the first paragraph and this notarized page is signed by the president and CEO of a company other than the plaintiff) ....

This would make excellent toilet paper. That's about all it is worth. Completely inadmissible in my opinion.__________________________________________________ ____________

page 1

On pleading paper) GCFS, INC ,Plaintiff, vs BETTY SPAGHETTI, Defendant

REQUEST FOR PRODUCTION OF DOCUMENTS

Demanding Party: GCFS, INC.

Responding Party: BETTY A SPAGHETTI

SET ONE

__________________________________________________ _____________

page 2 REQUEST FOR PRODUCTION OF DOCUMENTS

__________________________________________________ _____________

page 3 REQUEST FOR PRODUCTION OF DOCUMENTS

21 requests.. (Can list if needed)

__________________________________________________ _

page 4 REQUEST FOR PRODUCTION OF DOCUMENTS

4 item requests..

1- all correspondence sent by Defendant regarding Chase...... credit card account number xxxx

2- All documents and correspondence including billing statements, Defendant received regarding the above stated credit card account

3- All documents showing that Defendant is not indebted to Plaintiff in the sum of $7000 (plus interest) or in any sum at all.

4- Copies of any and all documents that support or evidence all affirmative defense that Defendant intends to raise against Plaintiff's complaint

Defendant objects generally to the oppressive, argumentative, compounded, burdensome character of the requests. The complete lack of specificity makes the requests impossible to comply with. Additionally, the information sought is assumedly already known to plaintiff through its business records.

Ha Ha! Thank you thank YOU for taking the time to assist me with this!!! I'm amazed at all of the well thought out "Objections"! I am learning so much!

I havent read up on the interrogatories and the exact protocol (How to answer them etc.) Do I need to answer the interrogatories by filing another answer with the court clerk? I am currently going to court before a judge on Monday to try to waive the court fee of over $200 to file the initial "answer". Is there anyway to postpone that court date. If i do postpone the court date and lets say after sending the BOP, GCFS doesnt comply, will the court dismiss the case before I have to pay the original "Answer" filing fee? and last question, is there a better BOP template on this site specifically for a CA that you suggest I use? Thank you again for sharing your gifts and talents!!

xdancex

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The affidavit is not from GCFS. Is that all it says? Did GCFS submit an affidavit?

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usually ROGs are answered by inserting the answer directly below the question so that you have one document that contains everything. I would contact the law firm and ask them to provide docs in Word or PDF form by email when filed, you will agree to do the same. That makes it easier, a lot less typing. I'm not much on the technicalities of CA lw, others here are.

Edited by legaleagle

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usually ROGs are answered by inserting the answer directly below the question so that you have one document that contains everything. I would contact the law firm and ask them to provide docs in Word or PDF form by emai when filed, you will agree to do the same. That makes it easier, a lot less typing. I'm not much on the technicalities of CA lw, others here are.

ok. thanks. yes. word docs would most helpful. So, if I am answering directly below the question, I need to re type what "they" sent me? Can I just answer like I did the complaint... answer to # 1 # 2 etc.? also does answering the ROGs' come with a filing fee or do i just send this to the law office? :) Thanks!! :)++

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Under their question you will type this:

RESPONSE: Defendant says you are crazy etc, whatever the answer is you choose.

I guess you have a lot of typing to do unless their office will provide the stuff in Word. Email is better anyway, that way they can't claim to have sent you a document they never sent, a common tactic used to get judgments. No filing fee, ROGs do not go to the court.

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