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Asking for Assistance on how to continue


Yogi58
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I recently received a letter from collection agency (Persolve, LLC) representing an account from what was first Chase - WAMU, who filed a lawsuit against me. I answered their Requests for Admissions, Requests for Production of Documents, Special Interrogatories. Which was basically;

I cannot admit or deny the alleged matter without proof of a signed legal contract which has a wet ink signature upon it. Plaintiff failed to validicate the alleged claim.

The reason I answered that way, cause I have no documents, what so ever.

(Persolve, has only sent me a copy of what looks like an account sheet of when the last payment was made back in Oct 20, 2008) (Since that date, I have died twice, and developed Parkinson's, so I take a lot of meds, so my memory isn't that great)

Anyway, they sent me a letter stating they have determined that my responses were incomplete, and insufficient.

Have I dug myself a bigger hole, they say I have ten days to re-respond to their Requests for Admissions, Requests for Production of Documents, Special Interrogatories. Or the will file a motion to compel.

Did I answer them wrong, was I suppose to reply in an official court form, instead of letter? Was I suppose to get the answer to them notarized?

When they sent me their "Requests, Etc" I sent them My Requests, Etc., which they have yet to answer.

Should I re answer their Requests, Etc?

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State to the fact that you do not have any document or information, so you cannot answer. And ask Plaintiff provides if he has any.

I type my answer using Times new Roman 12 points double lines in blank pleading format which you can get at google: Blank Pleading Template With Line Numbering - The Sacramento. You don’t need your answer to be notarized, but you need a verification attached to each pleading paper. This is very important, otherwise they may file a motion saying that you failed to provide verified responses.

Hope this help

Edited by rainbow
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By stating that you can't or aren't answering because they didn't send you 1 document you are bullying them instead of responding. The correct response is that you have no recollection of the debt and have not been provided any documentation that you owe this debt. Simple things such as your name and address I would answer. But any thing regarding you owing the debt I would deny and state you have no recollection of the debt. Don't use the excuse that you are ill or take pills etc. In order to win this claim you have to deny owing it and not give the slightest thought that you owe it. Don't be wishy washy giving off vibes that it could be your debt but you are sick and don't remember it. Answer things very simply (unlike I am doing here!!)

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No, the response to them was what I typed in italics, the medical problems and such, was just to the reader of this thread, explaining what could be the cause of my bad memory that's all that was.

Can anyone answers my questions in the thread?

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How are we supposed to do that? You didn't post the requests OR the answers. If that wet ink thing is typical of the rest of your responses, their objections are justified. Did you post anything for us to look at? How many threads do you have?

Sorry, new to all this, please be patient with me.

I resent all the responses back in the legal format, that was provided to me.

I would like to make them provide me with some information, is there anywhere on this forum, where I can find a list of Request for Admissions, that I can send to them, for them to answer to me?

On the legal form, they put Request for Admissions, Set One, what do I put on mine, "Defendant's Request for Admissions, Set One, or something else?

Edited by Yogi58
added a question
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Have I dug myself a bigger hole, they say I have ten days to re-respond to their Requests for Admissions, Requests for Production of Documents, Special Interrogatories. Or the will file a motion to compel.

I assume they sent you a letter “meeting and conferring” prior to filing a motion to compel. Can’t tell you whether they will file a motion or not. Some JDB’s are too lazy. Others will do it. Notice of the motion must be filed and served 45 days (=5 for mailing) after you served your response.

Under the circumstances, I think your position is reasonable, especially if the complaint does not sufficiently identify the account. However, to put the (insert appropriate word) back in their pocket, you may want to consider the following:

-Send plaintiff a letter. In the letter tell them that the paucity of allegations in the complaint coupled with their refusal to validate prior to filing the lawsuit has left you with insufficient information to respond to their discovery. Hard to respond when you can’t identify the account (if true). Therefore, you served discovery on them on ____. You will prepare supplemental responses to their discovery 25 days after you have received a full and complete response to the discovery you served on them.

-If you don’t think your discovery was sufficient, prepare and serve a BOP (http://www.creditinfocenter.com/forums/there-lawyer-house/310833-anyone-california-know-what-pos-use-when-serving-answer-complaint.html#post1135453)

Did I answer them wrong, was I suppose to reply in an official court form, instead of letter? Was I suppose to get the answer to them notarized?

You were supposed to respond on pleading paper not in a letter. Technically, you type their interrogatory (or doc demand, etc) and then your response:

Interrogatory No. 1:

Is it Tuesday?

Response to Interrogatory No. 1

Defendant objects on the ground that this interrogatory is irrelevant and seeks information protected by the attorney client privilege. Without waiving these objections, defendant responds as follows: it might be.

If you answer contains anything but objections (like “it might be”), then you need to include a verification form.

If they actually file a motion, without taking you up on your offer, they will look pretty bad to the court, especially if the Judge concludes that a reasonable person would not be able to respond. And, by the time the matter gets to a hearing, they will have had to respond to your discovery. Wonder what kind of job they will do?

Good luck

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Good luck

Maybe it would help if I gave you what I already sent them, in response.

I cut and paste (again new to all this) here is my answer to Request for Admissions.

RESPONSE, REQUEST FOR ADMISSION NO.1:

Answer: DENIED. Defendant is as of this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof thereof.

RESPONSE, REQUEST FOR ADMISSION NO.2:

basically the same for the remaining, requests.

Here is how I responded to their Special Interr, etc.

RESPONSE, SPECIAL INTERROGATORIES NO.1:

Answer: Defendant has no documentation in possession, nor has knowledge of any written agreement, allegedly delivered to (plaintiff). Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and therefore DENIES. Plaintiff’s use of “written agreement” is generalized and ambiguous, and has failed to define use in this matter. Plaintiff failed to validicate the alleged claim. Additionally, Plaintiff should already have, (if alleged “written agreement”, exists) in their possession; therefore this request is redundant and will be so requested by defendant in discovery. Defendant reserves the right to admin and supplement her response if such documentation becomes available.

RESPONSE, SPECIAL INTERROGATORIES NO.2:

Answer: Defendant has no financial documentation in possession, nor has knowledge of any payments made to (Plaintiff) before, on, or after October 20, 2008. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and therefore DENIES. Plaintiff failed to validicate the alleged claim. Additionally, Plaintiff should already have in their possession this alleged information therefore this request is redundant and will be so requested by defendant in discovery. Defendant reserves the right to admin and supplement her response if such documentation becomes available.

RESPONSE, SPECIAL INTERROGATORIES NO.3:

Answer: Defendant has no financial accounting information in possession, nor have knowledge of any information on what alleged accounting calculations or practices were used to determine this alleged amount. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and therefore DENIES. Plaintiff’s use of “plus interest, which continues to accrue” is generalized and ambiguous, and has failed to define their standard accounting procedures used in this matter. Plaintiff failed to validicate the alleged claim. Additionally, Plaintiff should have this alleged information in their possession will be so requested by defendant in discovery. Defendant reserves the right to admin and supplement her response if such documentation becomes available.

RESPONSE, SPECIAL INTERROGATORIES NO. 4:

Answer: Defendant has no information in possession, nor have knowledge of any information on what EXHIBIT 1 represents. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and therefore DENIES. Plaintiff has failed to provide enough adequate information on where this exhibit was obtained, how it was obtained, when it was obtained, who it was obtained from; thereby making it ambiguous and unable to judge to authenticity of what it represents in this matter. Plaintiff failed to validicate the alleged claim. Additionally, Plaintiff should have this alleged information in their possession and will be so requested by defendant in discovery. Defendant reserves the right to admin and supplement her response if such documentation becomes available.

RESPONSE, SPECIAL INTERROGATORIES NO.5:

Answer: Defendant has no financial accounting information in possession, nor have knowledge of any information on what alleged “charge off” amount to determine this alleged amount. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and therefore DENIES. Plaintiff’s use of “charge off” is generalized and ambiguous, and has failed to define their term and use of this term used in this matter. Plaintiff failed to validicate the alleged claim. Additionally, Plaintiff should have this alleged information in their possession will be so requested by defendant in discovery. Defendant reserves the right to admin and supplement her response if such documentation becomes available.

And here is how I responded to Request for Production of Docs, etc.

RESPONSE, REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS, NO.1:

Answer: Defendant has no documentation in possession, nor has knowledge of any written agreement, allegedly delivered to (plaintiff). Plaintiff’s use of “written agreement” is generalized and ambiguous, and has failed to define use in this matter. Plaintiff failed to validicate the alleged claim. Additionally, Plaintiff should already have, (if alleged “written agreement”, exists) in their possession; therefore this request is redundant and will be so requested by defendant in discovery. Defendant reserves the right to admin and supplement her response if such documentation becomes available.

RESPONSE, REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS, NO.2:

(You can see where I went with the rest of this)

this is all the stuff I sent to them in the, what I guess you call the pleaing format.

Do I now send them, a BOP, can I send them R O Adm, Spec Int, and R for Prod.

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this is all the stuff I sent to them in the, what I guess you call the pleaing format.

Do I now send them, a BOP, can I send them R O Adm, Spec Int, and R for Prod.

In your initial post you said you already sent them discovery and they didn't respond. How long has it been? Did you do a proof of service?

Any reaction to the letter I was suggesting?

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In your initial post you said you already sent them discovery and they didn't respond. How long has it been? Did you do a proof of service?

Any reaction to the letter I was suggesting?

Yes, I did send them, but it was in a letter format, not the legal pleading format, which I am trying to figure out how to do. I have sent them the same letter twice, one in 9 Jan 2012, and again, 31 Jan. (I have green certified thing from USPS and a print out of when it was accepted from internet tracking page). But like I said it was in a letter format. They have never responded to the letters. When I first got served back in late Nov 2011, I sent them a letter requesting validation of the debt. They never answered that either.

I will send your letter, (think its great), adjusting it to my situation; I want to poke them, as much, if not more than they are poking me, you know what I mean. Should I redo my Request for Admiss, Request for Product; and Special Interr.. that I sent to them in letter format, and redo them in pleading format and send again?

Edited by Yogi58
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When I first got served back in late Nov 2011, I sent them a letter requesting validation of the debt. They never answered that either.

:shock: uuuhhhhh.... I think some more learned members will come and comment on this exact issue .... which I believe they will tell you is a HUGE problem... for the other side! :mrgreen:

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:shock: uuuhhhhh.... I think some more learned members will come and comment on this exact issue .... which I believe they will tell you is a HUGE problem... for the other side! :mrgreen:

I really need some help here, I did the letter as suggested, however, no one has offered any suggestions on sending them my own Requests for Admissions, etc.

I could really use some advice, hope someone is willing to help on this. Do I do my own requests, back to them, in the pleading format, instead of the letters I sent, what would I call them. Theirs are just title (example) Request for Admissions, Set One, Do I call mine the same, Request for Admissions, Set One, or do I call mine Defense Request for Admissions, Set One???

Can anyone help?

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id Persolve take over the case as anew attorney or did they buy the debt/judgment from WAMU or someone else. We need to know these thing

They bought it from Chase, who got it when Chase purchased WAMU (original). Supposedly. They are not the original. They are I guess what is termed JDBers.

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I really need some help here, I did the letter as suggested, however, no one has offered any suggestions on sending them my own Requests for Admissions, etc.

I could really use some advice, hope someone is willing to help on this. Do I do my own requests, back to them, in the pleading format, instead of the letters I sent, what would I call them. Theirs are just title (example) Request for Admissions, Set One, Do I call mine the same, Request for Admissions, Set One, or do I call mine Defense Request for Admissions, Set One???

Can anyone help?

The letter I prepared for you tells the plaintiff that you already served discovery on plaintiff and plaintiff hasn't responded. I now understand that you sent them in letter format instead of on pleading paper like the ones they sent you.

Sending the discovery in letter format is not correct. However, the letter I suggested takes the position that you have sent them discovery, that they haven't answered, and promises to supplement their discovery when you receive answers to your discovery.

Did you send that letter?

Did you look at the link for a Bill of Particulars?

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The letter I prepared for you tells the plaintiff that you already served discovery on plaintiff and plaintiff hasn't responded. I now understand that you sent them in letter format instead of on pleading paper like the ones they sent you.

Sending the discovery in letter format is not correct. However, the letter I suggested takes the position that you have sent them discovery, that they haven't answered, and promises to supplement their discovery when you receive answers to your discovery.

Did you send that letter?

Did you look at the link for a Bill of Particulars?

Yes, sent letter out last Tuesday, and yes, and it's ready to go in the pleading format (hope that is the correct term), do I send that to him now?

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Yes, sent letter out last Tuesday, and yes, and it's ready to go in the pleading format (hope that is the correct term), do I send that to him now?

Send the BOP on pleading paper. Don't file with the court. You should have someone put it in the mail for you and fill out a proof of service.

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Requests for Admissions usually get you nothing in a credit card case, especially with a JDB. if you exepect them to admit to something that will make them lose the case, you're dreaming. Interrogatories work just about as well. Documents are the way to go.

Could you tell me what I would put on the title on the pleading, Defense Special Interrogatories, Set One?

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After having to deal with this company....they are really difficult to fight, I have found them to be really nasty. By the time of trial they will have come up with a fat packet of evidence containing bill of sales, affidavits (with your name, account number and ss#), statements, and an itemized chart of charges. They will not settle for anything less then 75% and will ask for the amount in full plus substantial interest. They do not feel that they have anything to prove to you and will go after those with very little income. They figure you might not have the money now, but you will later. I suggest if you do not get a lawyer, that you go to every hearing. If they can prove that you once had an account and that you did make payments, asking for a contract is pointless unless you are fighting the interest. If they get a judgement against you, I suggest you file a notice of exemption to protect your wages and bank account. I am being honest with you, these people are very greedy and are no joke when it comes to making a profit. And yes they are a JDB that has an in house litigation team. They focus on lawsuits primarily default judgements, but they have done their homework on gathering evidence they need to win a case. However, it is usually worth your while to fight back, the case could either be dismissed or you can get all that interest whacked off due to a technicality on their part...

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