Jump to content

Tricky Admission Question In Discovery by Hunt/Henriques (Citibank) OC


Recommended Posts

I have to chime in here as I have been into this before. legaleagle has a point of people being asked to submit fraud report and not wanting to because of the fact no fraud was really involved, they are just trying to get out of the bill. HOWEVER in my case I was asked repeatedly to file fraud reports in the first case I went to court on. I refused due to the fact that the you must attest to the fact that you know it is fraud. I did not know that since they did not want to provide any information, and through discovery and some investigation I found that the real person they were after had the same name as me, was 75 years old and had been committed to a state hospital in Los Angeles. A fraud report in this case would be improper, how does a companies stupidity equal fraud?

I must be thick headed, because I am missing something. The OP says they know for a fact that they didin't purchase any jewelry from the company that uses Citi as their credit provider.

Why would anyone be concerned with attesting that it was Fraud/Identity Theft? I had a situation where someone got a hold of some old checks and began to buy Pizza and Chinese food in 8 different locations. None of the checks cleared, due to account being closed.

I know I didn't buy those Pizza's and that Chinese food, I don't know who did what concern should I have had, prior to my going to the police department and completing the documents, and then giving to the collection company?

I got a tell you the outcome was very simple, they accepted the paperwork and moved on, instead of fighting lawsuits for these checks.

Being careful and controling information about yourself is one thing. I am the first one to take full advantage of forcing the CA's to do their job. I mean I defaulted on 14 accounts so I have done my share of midnight pleadings, but this board should be about giving reasonable advice to a situation.

Continuing to fight this case for this OP is ridiculous, when the truth is so easy to make it go away................................

Link to comment
Share on other sites

*** I am at a crossroad at discovery process, you are right they did includes several questions as related to Identity Theft:

INTERROGATORY NUMBER 4

IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to state the name, address, and telephone number) of each and every person other than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT.

INTERROGATORY NUMBER 5

IDENTIFY each and every person who you ever authorized to use THE CREDIT ACCOUNT.

INTERROGATORY NUMBER 6

Did you use THE CREDIT ACCOUNT CITIBANK, N.A. issued you?

INTERROGATORY NUMBER 9

Did you ever report to CITIBANK, N.A. (for the purposes for these interrogatories, CITIBANK, N.A. shall mean and refer to CITIBANK, N.A., and/or its predecessor, if any, and/or any collection agent or agency purporting to represent CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen?

*** Now I did not include Identity Theft as Affirmative Defense, at this point of the case should I amend to the answer and remove all other junk affirmative defenses.

*** It does not hurt to get a Police Report in regard to Identity Theft now that I have the statements.

*** How do I proceed at this point...continue discovery or call the CA up and let him know all that I did not open and make payments on this account and that now with more info I can claim Identity Theft and fill out Fraud Affidavit and Police Report to get case dismissed?

Link to comment
Share on other sites

Not a one of those questions pertains to ID theft. This is what Skippy was talking about in pointing out the pitfalls for a pro-se litigant in fighting a case just to fight it, and interrogatory #9 is a perfect example. Actually they all are and every one of them has something where a legit objection could be made.

You see it asking about ID theft. That question is loaded with tons of potentially harmful, even fatal, information that can be used against you if you answer it wrong.

They loaded that question with assumptions there was an account, danced all around the issue of standing, and have it loaded to hurt you either way.

You answer NO and don't explain it properly it can put you on the hook for the account, you answer YES it can put you on the hook and establish at some time you did have an account with Citibank and now the issue simply needs to shift to the area of what you are legally liable for owing on the current balance.

These are not as near cut and dry or for the subject matter they might appear.

"How do I proceed at this point...continue discovery or call the CA up and let him know all that I did not open and make payments on this account and that now with more info I can claim Identity Theft and fill out Fraud Affidavit and Police Report to get case dismissed?"

This is another example of what Skippy was talking. You ask how do I proceed. You are unaware of the rules (which is normal, so am I for your state) and you're considering and option that most likely could come back and bite you. That is calling the other sides attorney and getting some type of agreement on a material fact and element of proof for the case.

I'm not saying they will and of course I have not idea. But you working out something verbally with the other side, waiting on it to happen, and in the meantime the clock is running on certain things you must do in the case.

If you don't do those (for example answer something from the other side in writing and file it with the court) things and you find yourself facing a summary judgement for your lack of filing something, you watch that conversation you had with the attorney suddenly not have happened or the conversation has totally changed.

Your getting tied up in discovery where one word or phrase can sink you, or for that matter win the case for you. You are on their home court and you are trying to figure this out as you go, you really need to reconsider your strategy.

And my final advice is that the other sides attorney is paid to get a judgement against you, not work with you to find a way to get the case dismissed. Yes, hopefully they have some ethics and don't want to stick somebody with an account that is not theirs, but they are not going to assist you in finding a way to get the case dismissed.

Link to comment
Share on other sites

Let me give you another example. Made up case.

Let's say you get sued for a debt that you are 100% for sure is fraud and so you have no issue admitting you did not pay on the account or call or write the creditor and they ask this. I'll use Cap One for an example.

Admit you made no payment the Cap One account, with account number 123456789. You say admit, just like I would do.

then

Admit you made no payment on your Cap One account, with number 123456789. You say admit to that and due to one word "your" you go from a very winnable defense to a likely slam dunk summary judgement.

Now I'm sure you could pick that out as it's pretty much right in your face with that example. However, there are tons of other questions and requests that can yield the same problems for you that are not near as cut and dry as using "your" account as opposed to just "the" account.

Link to comment
Share on other sites

How do I proceed at this point...continue discovery or call the CA up and let him know all that I did not open and make payments on this account and that now with more info I can claim Identity Theft and fill out Fraud Affidavit and Police Report to get case dismissed?

This is exactly how you should handle this, give H&H a call and just as you have stated upon recieving addtional information from them and your own search, you know that you are a victim of Identity Theft.

Please ask them for a copy of the form their office uses to capture this information. Set up an email address that you can recieve it.

Give them a reasonable timline that you will get the information completed and returned, explaining that you will be going to the police department in x number of days.

Then follow through.

This is H&H so keep your eye on the court docket to make sure they don't try anything silly, but being in discovery it would take a minimum of 45 days from the date your answers are due for them to file for a hearing. So you should be able to wrap this up and put it to bed...

Link to comment
Share on other sites

I get what both of you are saying, really appreciate the help. If I found this forum earlier, everything would have been done difference. Now I just got to do some damage control:

*** I will attempt to negotiate the Fraud Affidavit w/Police Report with CA but no telephone recording and everything got to be on paper after a deal is possible, and make sure to check the case online daily make sure no other trick by H&H. I will let you all know how it goes...

*** Meanwhile, I will continue on discovery, and will post my answer to all their admission/interrogatories/documents demand for final critique before I response to them. I will proceed careful to make sure all answers are proper response and objection, leave nothing for them for Motion Compel or Judgment. I have a lot of reading to catch up.

*** I made a mistake by putting too many junk affirmative defenses in my answer and was misguided by several online site. Now H&H ask this question in interrogatories:

INTERROGATORY NUMBER 15

State all facts upon which your base each affirmative defense to the complaint in this action.

*** A) Now if I ignore it, they will move to strike my affirmative defenses B) I can list my affirmative defenses to precluded with:

RESPONSE TO INTERROGATORY NUMBER 15

Defendant withdraws the following affirmative defenses and has no objection to it being precluded from being argued:

1.xxxx

2.xxxx

3.xxxx

4.xxxx

*** or C) Amend answer to remove most useless affirmative defenses.

ANY SUGGESTIONS FOR ALL READERS AND ADMIN????

THANKS DIAL001

Link to comment
Share on other sites

"Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense."

I've been told (by a consumer rights attorney) that if plaintiff objects to your affirmative defenses, the way to do that is to demur to your Answer, and they have to do that within a time limit.

If I find out more, I'll let you know.

Link to comment
Share on other sites

  • 1 month later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.