Requested BOP on January 9th and they respond with Request for POD & RFA

[whattodocacourt]

I never did get a BOP, but now I've been served with a Production of Documents with the date of March 14th, 2012 at their place of business (not my area) or mutually convenient place????

AND

Request of Admissions?

Not sure how to proceed? Why should I provide them with everything I asked them to provide to me? I don't even have any documents, old statements, check stubs, etc. and if my argument to them, is proof this acct is owned by you and I actually owe you (JDB), why should I give them anything of which I have from the original creditor?

Please advise. Thanks

One more thing, Can I still ask for arbitration?

[First Timer]

I never did get a BOP, but now I've been served with a Production of Documents with the date of March 14th, 2012 at their place of business (not my area) or mutually convenient place????

AND

Request of Admissions?

Not sure how to proceed? Why should I provide them with everything I asked them to provide to me? I don't even have any documents, old statements, check stubs, etc. and if my argument to them, is proof this acct is owned by you and I actually owe you (JDB), why should I give them anything of which I have from the original creditor?

Please advise. Thanks

One more thing, Can I still ask for arbitration?

What specifically are they asking (list the questions) and what documents are they asking you to provide?

[whattodocacourt]

Okay, on the Request for POD: This is what is says:

Under Code of Civil Procedure 2031.010, that you produce the documents described below for inspection and copying by ________ (attys) on 3/14/12 10am at ______________ their address, or at such other mutually convenient location determined by the parties of this action.

_________________ (JDB) further requires a written response to this request subscribed under oath by the party herein served within 30 days after service of this request pursuant to CCP 2031.260

DEFINITIONS

A list from 1 - 11 of definitions of what documents mean, what you and yours means, what relating to and evidence means.

CATEGORIES OF DOCUMENTS

1. Any and all documents concerning or relating to your application for an extension of credit from the original creditor including, but not limited to, applications, solicitations, and/or agreements.

2. Copies of any and all applications, credit cards, contract, credit agreements, disclosure statements, including any and all amendments thereto, issued by the original creditor to you or on your behalf.

3. Any and all documents concerning or relating to any purchase or sale made by you on your behalf charged to your account including, but not limited to, charge slips, receipts and account statements.

4. Any and all documents which support your position that the balance is not owed, including but not limited to, canceled checks, money orders, account statements or documents which support any dispute, or notice thereof, you may have with he original creditor.

5. Any and all documents evidencing all payments made on the account from 12/28/06 through present.

6.All account statements concerning your account.

7. Any and all documents referenced in your responses to Plaintiff's Request for Admissions served herewith.

8. Any and all documents referenced in your responses to Plaintiff's Form Interrogatories served herewith.

I will follow with the Request for Admissions.

[usagi555]

The burden of proof is on them. This is a scare tactic.

Okay, on the Request for POD: This is what is says:

Under Code of Civil Procedure 2031.010, that you produce the documents described below for inspection and copying by ________ (attys) on 3/14/12 10am at ______________ their address, or at such other mutually convenient location determined by the parties of this action.

_________________ (JDB) further requires a written response to this request subscribed under oath by the party herein served within 30 days after service of this request pursuant to CCP 2031.260

DEFINITIONS

A list from 1 - 11 of definitions of what documents mean, what you and yours means, what relating to and evidence means.

CATEGORIES OF DOCUMENTS

1. Any and all documents concerning or relating to your application for an extension of credit from the original creditor including, but not limited to, applications, solicitations, and/or agreements.

You can get fancy in your response or not. That's up to you. "Defendant is not in possession of any such documents" will be sufficient.

2. Copies of any and all applications, credit cards, contract, credit agreements, disclosure statements, including any and all amendments thereto, issued by the original creditor to you or on your behalf.

See #1

3. Any and all documents concerning or relating to any purchase or sale made by you on your behalf charged to your account including, but not limited to, charge slips, receipts and account statements.

See #1

4. Any and all documents which support your position that the balance is not owed, including but not limited to, canceled checks, money orders, account statements or documents which support any dispute, or notice thereof, you may have with he original creditor.

Defendant is not in possession of any such documents. They're trying to imply that you can prove a negative here. Well, you can't. Answer simply, give them no information and let them figure it out at trial.

5. Any and all documents evidencing all payments made on the account from 12/28/06 through present.

See #1

6.All account statements concerning your account.

See #1, although if I really wanted to be a jerk, I'd send them any account statements that they'd sent me.

7. Any and all documents referenced in your responses to Plaintiff's Request for Admissions served herewith.

If you referenced them, you really ought to send them.

8. Any and all documents referenced in your responses to Plaintiff's Form Interrogatories served herewith.

Well, if you referenced them...

[whattodocacourt]

Plaintiff ______________________ demands, under Code of Civil Procedure 2033.010, that you provide written responses to each of the Request for Admissions set forth below, subscribed under Oath by the Party herein served, within 30 days after service of this request, pursuant to COCP 2033.240 and 2033.250.

1. That you entered into an account agreement with the original creditor, (_____________),

2. That you authorized all transactions posted to your account.

3. That $2,517.17 is the current principal balance due on your account.

4. That you last made a payment on your account on or before May 9, 2011.

5. That the account was assigned to ___________, who is now the lawful owner and holder thereof.

FORM INTERROGATORIES - LIMITED CIVIL CASES

These are the boxes checked:

X - 101.1 State name address of anyone helping prepare responses.

X 102.1 State your name, and other name by which you've been known.

X 102.3 State, as of the time of the Incident, your driver's Lic#, the state of issuance, the expiration date, and any restrictions.

X 102.4 State each residence Address for the last five years and the dates you lived at each Address.

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

X 103.0 General Background - State your current business name and address, type of business entity, and your title.

X 112.1 State the name, ADDRESS, and telephone number of each individual who has knowledge of facts relating to the INCIDENT, and specify his or her area of knowledge.

X 115.1 State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages.

X 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.

X150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

X 150.2 State each part of the agreement not in writing, the name, ADDRESS, and telephone# of each PERSON agreeing to that provision, and the date that part of the agreement was made.

X 150.3 Identify all DOCUMENTS that evidence each part of the agreement not in writing, and for each state the name, ADDRESS, and telepone# of the PERSON who0 has each DOCUMENT.

X 150.4 Identify all DOCUMENTS that are part of each part of each modification to the agreement, and for each state the name ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

X 150.5 State each modification not in writing, the date, and the name, ADDRESS, and telephone # of the PERSON agreeing to the modification, and the date the modification was made.

X 150.6 Identify all DOCUMENTS that evidence each modification of the agreement not in writing and for each state the name, ADDRESS, and telephone# of the PERSON who has each document.

X 150.7 Describe and give the date of every act or omission that you claim is a breach of the agreement.

X 150.8 Identify each agreement excused and state why performance was excused.

X 150.9 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

X 150.10 Identify each unenforceable agreement and state the facts upon which your answer is based.

X 150.11 Identify each ambiguous agreement and state the facts upon which your answer is based.

SEC.4(a)(2):

INCIDENT means:

The application for or use of the credit card on account no. XXXXXXXXXX_ _ _ _ issued by ___________________________________ (this is the first time they even stated any part of the acct # on any document thus far.

They never stated an acct number on the original Complaint, just the name of the original debtor.

[whattodocacourt]

Thanks USAGI555.

I'm not really sure what they're talking about when they say documents that I referenced in my responses, because I haven't responded to anything yet. I got all of this in one envelope today! POD, RFA & FORM INTERROGATORIES (ALL LISTED HERE)?

Defendant is not in possession of any such documents. They're trying to imply that you can prove a negative here. Well, you can't. Answer simply, give them no information and let them figure it out at trial.

Quote:

5. Any and all documents evidencing all payments made on the account from 12/28/06 through present.

See #1

Quote:

6.All account statements concerning your account.

See #1, although if I really wanted to be a jerk, I'd send them any account statements that they'd sent me. They've never provided me with ANYTHING, nothing attached to Complaint and they never answered my BOP!

Quote:

7. Any and all documents referenced in your responses to Plaintiff's Request for Admissions served herewith.

If you referenced them, you really ought to send them. I haven't responded to anything yet, so how could I have referenced anything?.

Quote:

8. Any and all documents referenced in your responses to Plaintiff's Form Interrogatories served herewith.

Well, if you referenced them... I haven't responded to anything yet, so how could I have referenced anything?

[1stStep]

For the BOP - send them a meet and confer letter...

On <date>, Defendant sent to counsel a request for a bill of particulars pursuant to CCP 454. Per CCP 454, the recipient has 10 days to respond to such request. As of the date of this letter, no response to Defendant's bill of particulars has been received.

If no response received within (5,10 - you pick) days, Defendant shall file a motion with the Court seeking an order to compel a response, or in the alternative, preclude such evidence from trial.

My guess is they will either not respond, or they will send 1 or 2 statements and a bill of sale (which is all they have as "evidence").

//

You can ask for arbitration, but the meet and confer (and motion to preclude) should put them on the defensive.

Edited February 7, 2012 by 1stStep

[legaleagle]

1. Any and all documents concerning or relating to your application for an extension of credit from the original creditor including, but not limited to, applications, solicitations, and/or agreements.

2. Copies of any and all applications, credit cards, contract, credit agreements, disclosure statements, including any and all amendments thereto, issued by the original creditor to you or on your behalf.

3. Any and all documents concerning or relating to any purchase or sale made by you on your behalf charged to your account including, but not limited to, charge slips, receipts and account statements.

4. Any and all documents which support your position that the balance is not owed, including but not limited to, canceled checks, money orders, account statements or documents which support any dispute, or notice thereof, you may have with he original creditor.

5. Any and all documents evidencing all payments made on the account from 12/28/06 through present.

6.All account statements concerning your account.

7. Any and all documents referenced in your responses to Plaintiff's Request for Admissions served herewith.

8. Any and all documents referenced in your responses to Plaintiff's Form Interrogatories served herewith.

The defendant in the above titled action objects generally to the overly broad, non specific nature of the requests. Notwithstanding, defendant avers that he has none of the documents the plaintiff requests. Defendant reserves the right to amend his response per the rules of civil procedure.

[legaleagle]

Plaintiff ______________________ demands, under Code of Civil Procedure 2033.010, that you provide written responses to each of the Request for Admissions set forth below, subscribed under Oath by the Party herein served, within 30 days after service of this request, pursuant to COCP 2033.240 and 2033.250.

1. That you entered into an account agreement with the original creditor, (_____________),

DENIED to the extent that no information establishing the agreement has been provided by plaintiff or appended hereto

2. That you authorized all transactions posted to your account.

DENIED to the extent that the plaintiff has yet to establish the account through admissible evidence

3. That $2,517.17 is the current principal balance due on your account.

OBJECTION Calls for a legal conclusion

4. That you last made a payment on your account on or before May 9, 2011.

DENIED to the extent that no evidence of "payments" was appended to the request, therefore defendant cannot formulate an answer.

5. That the account was assigned to ___________, who is now the lawful owner and holder thereof.

OBJECTION Defendant has no clue as to the business dealings of junk debt buyers. The request is therefore improper.

[legaleagle]

X - 101.1 State name address of anyone helping prepare responses.

Defendant alone

X 102.1 State your name, and other name by which you've been known.

Lady Gaga, Mel Gibson, John Jingleheimer F***ing Jones, Stupefying Jones, Batman, Little Richard, Robert the Bruce, Cody Jarrett, Teddy Roosevelt, and Al Bundy. Prove otherwise. (kidding, just list your own name)

X 102.3 State, as of the time of the Incident, your driver's Lic#, the state of issuance, the expiration date, and any restrictions.

OBJECTION Irrelevant and immaterial. Driving a car has no bearing on a credit card action. Additionally, "the incident" is not defined.

X 102.4 State each residence Address for the last five years and the dates you lived at each Address.

current address ONLY If they knew otherwise they wouldn't ask

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

OBJECTION irrelevant and immaterial. Defendant's alleged employers have no relevance to the instant action. The request is improper pre judgment. Any attempt by counsel to contact any such employer is strictly forbidden and will be the basis for a countersuit.

X 103.0 General Background - State your current business name and address, type of business entity, and your title.

OBJECTION The defendant is not a business. (hope it isn't, I didn't look)

X 112.1 State the name, ADDRESS, and telephone number of each individual who has knowledge of facts relating to the INCIDENT, and specify his or her area of knowledge.

OBJECTION "The incident" is not defined.

X 115.1 State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages.

OBJECTION poorly drafted and nonsensical. The plaintiff sets forth the basis for liability, not the defendant. Any such averments will be addressed in any counterclaim defendant may make. Defendant has made no such claims at this time.

X 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 immaterial. No such contention has been made at this time, therefore plaintiff's request is improper and lacks foundation.

X150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION This is a request for documents, not an interrogatory. the request is improper. Additionally, the request is poorly drafted, incomprehensible, and completely improper as to form.

X 150.2 State each part of the agreement not in writing, the name, ADDRESS, and telephone# of each PERSON agreeing to that provision, and the date that part of the agreement was made.

OBJECTION see above response

X 150.3 Identify all DOCUMENTS that evidence each part of the agreement not in writing, and for each state the name, ADDRESS, and telepone# of the PERSON who0 has each DOCUMENT.

OBJECTION repetitive and incomprehensible

X 150.4 Identify all DOCUMENTS that are part of each part of each modification to the agreement, and for each state the name ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION see above

X 150.5 State each modification not in writing, the date, and the name, ADDRESS, and telephone # of the PERSON agreeing to the modification, and the date the modification was made.

OBJECTION see above response

X 150.6 Identify all DOCUMENTS that evidence each modification of the agreement not in writing and for each state the name, ADDRESS, and telephone# of the PERSON who has each document.

OBJECTION see above response

X 150.7 Describe and give the date of every act or omission that you claim is a breach of the agreement.

OBJECTION defendant has not filed a counterclaim alleging breach of contract. Therefore, the request is idiotic and completely beyond any semblance of conformity to the rules of discovery.

X 150.8 Identify each agreement excused and state why performance was excused.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.9 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.10 Identify each unenforceable agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.11 Identify each ambiguous agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

This is the worst crap I've ever seen. Are they serious with this garbage? Typical collections lawyer. Probably hired some law student to play lawyer while he went out and got drunk.

[admin]

This is the worst crap I've ever seen. Are they serious with this garbage? Typical collections lawyer. Probably hired some law student to play lawyer while he went out and got drunk.

[whattodocacourt]

X - 101.1 State name address of anyone helping prepare responses.

Defendant alone

X 102.1 State your name, and other name by which you've been known.

Lady Gaga, Mel Gibson, John Jingleheimer F***ing Jones, Stupefying Jones, Batman, Little Richard, Robert the Bruce, Cody Jarrett, Teddy Roosevelt, and Al Bundy. Prove otherwise. (kidding, just list your own name)

X 102.3 State, as of the time of the Incident, your driver's Lic#, the state of issuance, the expiration date, and any restrictions.

OBJECTION Irrelevant and immaterial. Driving a car has no bearing on a credit card action. Additionally, "the incident" is not defined.

X 102.4 State each residence Address for the last five years and the dates you lived at each Address.

current address ONLY If they knew otherwise they wouldn't ask

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

OBJECTION irrelevant and immaterial. Defendant's alleged employers have no relevance to the instant action. The request is improper pre judgment. Any attempt by counsel to contact any such employer is strictly forbidden and will be the basis for a countersuit.

X 103.0 General Background - State your current business name and address, type of business entity, and your title.

OBJECTION The defendant is not a business. (hope it isn't, I didn't look)

X 112.1 State the name, ADDRESS, and telephone number of each individual who has knowledge of facts relating to the INCIDENT, and specify his or her area of knowledge.

OBJECTION "The incident" is not defined.

X 115.1 State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages.

OBJECTION poorly drafted and nonsensical. The plaintiff sets forth the basis for liability, not the defendant. Any such averments will be addressed in any counterclaim defendant may make. Defendant has made no such claims at this time.

X 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 immaterial. No such contention has been made at this time, therefore plaintiff's request is improper and lacks foundation.

X150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION This is a request for documents, not an interrogatory. the request is improper. Additionally, the request is poorly drafted, incomprehensible, and completely improper as to form.

X 150.2 State each part of the agreement not in writing, the name, ADDRESS, and telephone# of each PERSON agreeing to that provision, and the date that part of the agreement was made.

OBJECTION see above response

X 150.3 Identify all DOCUMENTS that evidence each part of the agreement not in writing, and for each state the name, ADDRESS, and telepone# of the PERSON who0 has each DOCUMENT.

OBJECTION repetitive and incomprehensible

X 150.4 Identify all DOCUMENTS that are part of each part of each modification to the agreement, and for each state the name ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION see above

X 150.5 State each modification not in writing, the date, and the name, ADDRESS, and telephone # of the PERSON agreeing to the modification, and the date the modification was made.

OBJECTION see above response

X 150.6 Identify all DOCUMENTS that evidence each modification of the agreement not in writing and for each state the name, ADDRESS, and telephone# of the PERSON who has each document.

OBJECTION see above response

X 150.7 Describe and give the date of every act or omission that you claim is a breach of the agreement.

OBJECTION defendant has not filed a counterclaim alleging breach of contract. Therefore, the request is idiotic and completely beyond any semblance of conformity to the rules of discovery.

X 150.8 Identify each agreement excused and state why performance was excused.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.9 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.10 Identify each unenforceable agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.11 Identify each ambiguous agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

This is the worst crap I've ever seen. Are they serious with this garbage? Typical collections lawyer. Probably hired some law student to play lawyer while he went out and got drunk.

OMG!! Thank you so much! I'm so nervous and wish I could hire someone to do this for me.

So it's not in my best interest to Arbitrate and hope they'll drop it because of the legal fees adding up? What if I lose and all those legal fees go back to me? I don't have money to even negotiate a settlement. I've also been slapped with the beginning of a foreclosure on my house Things aren't doing too well for me right now.

So my question now, is, is there a specific form I should use in my responses? So I have a total of 3 Requests, to respond to.

Request for Production of Documents (legal 28 line paper)

Request for Admissions & (legal 28 line paper)

Form Interrogatories (Form - DISC-004)

[whattodocacourt]

For the BOP - send them a meet and confer letter...

On <date>, Defendant sent to counsel a request for a bill of particulars pursuant to CCP 454. Per CCP 454, the recipient has 10 days to respond to such request. As of the date of this letter, no response to Defendant's bill of particulars has been received.

If no response received within (5,10 - you pick) days, Defendant shall file a motion with the Court seeking an order to compel a response, or in the alternative, preclude such evidence from trial.

My guess is they will either not respond, or they will send 1 or 2 statements and a bill of sale (which is all they have as "evidence").

//

You can ask for arbitration, but the meet and confer (and motion to preclude) should put them on the defensive.

Thanks! I will do this tomorrow!! I just want this to go away

[whattodocacourt]

For the BOP - send them a meet and confer letter...

On <date>, Defendant sent to counsel a request for a bill of particulars pursuant to CCP 454. Per CCP 454, the recipient has 10 days to respond to such request. As of the date of this letter, no response to Defendant's bill of particulars has been received.

If no response received within (5,10 - you pick) days, Defendant shall file a motion with the Court seeking an order to compel a response, or in the alternative, preclude such evidence from trial.

My guess is they will either not respond, or they will send 1 or 2 statements and a bill of sale (which is all they have as "evidence").

//

You can ask for arbitration, but the meet and confer (and motion to preclude) should put them on the defensive.

Oh, and do I put the M&C on legal paper like I did the BOP?

[whattodocacourt]

Hi,

I've attached my M&C , please let me know if this is the proper form and wording. Thanks!

Well, that didn't work, it says my attachment is to large? Oh well. I can email to someone? or in a PM if that will be aloud.

[helpme]

should just be on regular letter paper not pleading paper like BOP. Make sure you send it certified mail return receipt (cmrrr).

Hope this helps

[whattodocacourt]

should just be on regular letter paper not pleading paper like BOP. Make sure you send it certified mail return receipt (cmrrr).

Hope this helps

Thank you HELPME, I appreciate it!

[legaleagle]

So my question now, is, is there a specific form I should use in my responses? So I have a total of 3 Requests, to respond to.

Request for Production of Documents (legal 28 line paper)

Request for Admissions & (legal 28 line paper)

Form Interrogatories (Form - DISC-004)

This I do not know, I've never seen the pleading form used for discovery in California. Someone will post it, I'm sure.

[whattodocacourt]

So my question now, is, is there a specific form I should use in my responses? So I have a total of 3 Requests, to respond to.

Request for Production of Documents (this was on legal 28 line paper)

Request for Admissions & (this was on legal 28 line paper)

Form Interrogatories (This was a Form - DISC-004)

[whattodocacourt]

X - 101.1 State name address of anyone helping prepare responses.

Defendant alone

X 102.1 State your name, and other name by which you've been known.

Lady Gaga, Mel Gibson, John Jingleheimer F***ing Jones, Stupefying Jones, Batman, Little Richard, Robert the Bruce, Cody Jarrett, Teddy Roosevelt, and Al Bundy. Prove otherwise. (kidding, just list your own name)

X 102.3 State, as of the time of the Incident, your driver's Lic#, the state of issuance, the expiration date, and any restrictions.

OBJECTION Irrelevant and immaterial. Driving a car has no bearing on a credit card action. Additionally, "the incident" is not defined.

X 102.4 State each residence Address for the last five years and the dates you lived at each Address.

current address ONLY If they knew otherwise they wouldn't ask

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

OBJECTION irrelevant and immaterial. Defendant's alleged employers have no relevance to the instant action. The request is improper pre judgment. Any attempt by counsel to contact any such employer is strictly forbidden and will be the basis for a countersuit.

X 103.0 General Background - State your current business name and address, type of business entity, and your title.

OBJECTION The defendant is not a business. (hope it isn't, I didn't look)

X 112.1 State the name, ADDRESS, and telephone number of each individual who has knowledge of facts relating to the INCIDENT, and specify his or her area of knowledge.

OBJECTION "The incident" is not defined.

X 115.1 State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages.

OBJECTION poorly drafted and nonsensical. The plaintiff sets forth the basis for liability, not the defendant. Any such averments will be addressed in any counterclaim defendant may make. Defendant has made no such claims at this time.

X 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 immaterial. No such contention has been made at this time, therefore plaintiff's request is improper and lacks foundation.

X150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION This is a request for documents, not an interrogatory. the request is improper. Additionally, the request is poorly drafted, incomprehensible, and completely improper as to form.

X 150.2 State each part of the agreement not in writing, the name, ADDRESS, and telephone# of each PERSON agreeing to that provision, and the date that part of the agreement was made.

OBJECTION see above response

X 150.3 Identify all DOCUMENTS that evidence each part of the agreement not in writing, and for each state the name, ADDRESS, and telepone# of the PERSON who0 has each DOCUMENT.

OBJECTION repetitive and incomprehensible

X 150.4 Identify all DOCUMENTS that are part of each part of each modification to the agreement, and for each state the name ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION see above

X 150.5 State each modification not in writing, the date, and the name, ADDRESS, and telephone # of the PERSON agreeing to the modification, and the date the modification was made.

OBJECTION see above response

X 150.6 Identify all DOCUMENTS that evidence each modification of the agreement not in writing and for each state the name, ADDRESS, and telephone# of the PERSON who has each document.

OBJECTION see above response

X 150.7 Describe and give the date of every act or omission that you claim is a breach of the agreement.

OBJECTION defendant has not filed a counterclaim alleging breach of contract. Therefore, the request is idiotic and completely beyond any semblance of conformity to the rules of discovery.

X 150.8 Identify each agreement excused and state why performance was excused.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.9 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.10 Identify each unenforceable agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.11 Identify each ambiguous agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

This is the worst crap I've ever seen. Are they serious with this garbage? Typical collections lawyer. Probably hired some law student to play lawyer while he went out and got drunk.

Hi LeagleEagle,

Hopefully you're logged on Actually, any help from anyone would be greatly appreciated.

I'm finally getting around to answering the FORM INTERROGATORIES, REQUESTS FOR ADMISSION AND REQUEST FOR POD.

I received them in US Mail on Feb. 9th, but the Proof of Service states, they mailed it on Feb. 2nd. I'm wondering if I have until Saturday March 3rd (30 days from when they say they mailed it), or do I have 30 days from when I actually received it which would give me a few more days?

Also, in the instructions to the Answering Party, it says (g) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers:

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

What I don't get, is VERIFIED? What does that mean? Do I need to get this notarized before I mail it? When it says "You May Wish", does that mean if I don't "Wish" I don't have too? Doesn't say I "Must"!

Any comments would be appreciated.

Signed. Single mom of 4 young adults trying to support them through school; losing all assets before her very eyes to 2 foreclosures as we speak. SUCKS - I'm literally dealing with 1. Short Sale that fell through on Monday (auction to proceed, supposedly tomorrow) - was suppose to be our retirement one day, right!, 2. 2nd Month into NOD of my home I'm living in, due to go to Auction in May! 3. Being sued by a car full of people that live off of law suits, from an accident my daughter was in driving my car with less than adequate insurance (Luckily our Insurance Atty handling), but I've been subpenaed to appear. 4. Contemplating if after 9 months of separation if I should file for divorce! Oh did I mention Liens up the Ying Yang from IRS & FTB? from business taxes of EX. HAHAHA But, I keep moving on! Wish me Luck...........

[whattodocacourt]

I forgot one of the questions, oops.

Form Interrogatories - 102.2 State the date and place of your birth.

I so don't understand why they need this. Actually, I do. So they can look up every single asset that I might have ever had.

[whattodocacourt]

X - 101.1 State name address of anyone helping prepare responses.

Defendant alone

X 102.1 State your name, and other name by which you've been known.

Lady Gaga, Mel Gibson, John Jingleheimer F***ing Jones, Stupefying Jones, Batman, Little Richard, Robert the Bruce, Cody Jarrett, Teddy Roosevelt, and Al Bundy. Prove otherwise. (kidding, just list your own name)

X 102.3 State, as of the time of the Incident, your driver's Lic#, the state of issuance, the expiration date, and any restrictions.

OBJECTION Irrelevant and immaterial. Driving a car has no bearing on a credit card action. Additionally, "the incident" is not defined.

X 102.4 State each residence Address for the last five years and the dates you lived at each Address.

current address ONLY If they knew otherwise they wouldn't ask

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

OBJECTION irrelevant and immaterial. Defendant's alleged employers have no relevance to the instant action. The request is improper pre judgment. Any attempt by counsel to contact any such employer is strictly forbidden and will be the basis for a countersuit.

X 103.0 General Background - State your current business name and address, type of business entity, and your title.

OBJECTION The defendant is not a business. (hope it isn't, I didn't look)

X 112.1 State the name, ADDRESS, and telephone number of each individual who has knowledge of facts relating to the INCIDENT, and specify his or her area of knowledge.

OBJECTION "The incident" is not defined.

X 115.1 State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages.

OBJECTION poorly drafted and nonsensical. The plaintiff sets forth the basis for liability, not the defendant. Any such averments will be addressed in any counterclaim defendant may make. Defendant has made no such claims at this time.

X 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 immaterial. No such contention has been made at this time, therefore plaintiff's request is improper and lacks foundation.

X150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION This is a request for documents, not an interrogatory. the request is improper. Additionally, the request is poorly drafted, incomprehensible, and completely improper as to form.

X 150.2 State each part of the agreement not in writing, the name, ADDRESS, and telephone# of each PERSON agreeing to that provision, and the date that part of the agreement was made.

OBJECTION see above response

X 150.3 Identify all DOCUMENTS that evidence each part of the agreement not in writing, and for each state the name, ADDRESS, and telepone# of the PERSON who0 has each DOCUMENT.

OBJECTION repetitive and incomprehensible

X 150.4 Identify all DOCUMENTS that are part of each part of each modification to the agreement, and for each state the name ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

OBJECTION see above

X 150.5 State each modification not in writing, the date, and the name, ADDRESS, and telephone # of the PERSON agreeing to the modification, and the date the modification was made.

OBJECTION see above response

X 150.6 Identify all DOCUMENTS that evidence each modification of the agreement not in writing and for each state the name, ADDRESS, and telephone# of the PERSON who has each document.

OBJECTION see above response

X 150.7 Describe and give the date of every act or omission that you claim is a breach of the agreement.

OBJECTION defendant has not filed a counterclaim alleging breach of contract. Therefore, the request is idiotic and completely beyond any semblance of conformity to the rules of discovery.

X 150.8 Identify each agreement excused and state why performance was excused.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.9 Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.10 Identify each unenforceable agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

X 150.11 Identify each ambiguous agreement and state the facts upon which your answer is based.

OBJECTION Incomprehensible and nonsensical. No defendant should be expected to respond to a poorly drafted request of this kind.

This is the worst crap I've ever seen. Are they serious with this garbage? Typical collections lawyer. Probably hired some law student to play lawyer while he went out and got drunk.

Hi Legaleagle, first of all my gratitude to all your help so far! I'm so grateful to everyone that has helped me thus far.

One of my concerned in completing my answers is:

On 150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone# of the PERSON who has each DOCUMENT.

Your suggestion was the following:

OBJECTION This is a request for documents, not an interrogatory. the request is improper. Additionally, the request is poorly drafted, incomprehensible, and completely improper as to form.

But since this a pre-printed California Legal Form for Interrogatories that they only checked and didn't create, not sure if I should question the "type" being poorly drafted, incomprehensible, and completely improper as to form.? I'm confused.

[whattodocacourt]

I'm posting a new thread titled - Answer to Interrogatories and adding a link to my answers. Here's also the link.

https://docs.google.com/document/d/1jiQ343IKsbi2aT-LobNX18A0bPav4xl8dK4SshhUaA4/edit

Edited March 2, 2012 by whattodocacourt
Modified Link

[BTO429]

Any and all documents concerning or relating to your application for an extension of credit from the original creditor including, but not limited to, applications, solicitations, and/or agreements.

Objection, the burden of proof lies on the Plaintiff, The documents asked for should already be in possession of the Plaintiff before suit was even filed. It is not the responsibility of the Defendant to prove the Plaintiffs case for them.

2. Copies of any and all applications, credit cards, contract, credit agreements, disclosure statements, including any and all amendments thereto, issued by the original creditor to you or on your behalf.

See number 1

3. Any and all documents concerning or relating to any purchase or sale made by you on your behalf charged to your account including, but not limited to, charge slips, receipts and account statements.

See number 1 and 2

4. Any and all documents which support your position that the balance is not owed, including but not limited to, canceled checks, money orders, account statements or documents which support any dispute, or notice thereof, you may have with he original creditor.

Overly burdensome, plaintiff seeks to find documents that are not in their possession but should have been in order to even consider filing a suit against the defendant, the plaintiff is on a fishing expedition to find documents they do not have.

5. Any and all documents evidencing all payments made on the account from 12/28/06 through present.

See numbers 1, 2 and 3

6.All account statements concerning your account.

see number 4

7. Any and all documents referenced in your responses to Plaintiff's Request for Admissions served herewith.

see number 4

[BTO429]

Defendant objects to ADMINS statement concerning the use of a law student. The defendant is a law student but plans to practice consumer law on the side of the DEFENDANT against any and all debt collection practices. lol the defendant hates the debt collection practices of the debt collection industry.

No offense towards ADMIN actually taken just bein onry