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Commons Counts & BOP request respond http://www.creditinfocenter.com/forums/images/s

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Complaint by Citibank,N.A. OC on:

Open book account; Account stated; for money lent by plaintiff, etc....; and for money paid, laid out, and expended ,etc...

I requested BOP and they responded with Zales billing statements from zero balance to the balance they are suing me for. The transactions are not itemized, just said "Purchase" and "Payment".

*** I am confused, in California, is that consider legit respond to BOP request? I think I ask this question before, but just want a clear final answer before I put the BOP thing to rest..... http://www.creditinfocenter.com/forums/images/smilies/biggrinangelA.gif

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also sounds ok but no contract is the key here. also what is the chance they still have paperwork at zales?

that is a lot of billing statements. get into some discovery with them. maybe some of this:http://www.creditinfocenter.com/forums/1168390-post11.html

and some of that.http://www.creditinfocenter.com/forums/1147211-post110.html

oh and if you have a common name deny the account unless you signed up for insurance for jewlery or something like that.

Diamonds are a girls best friend.

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*** Thanks Seadragon, I had some feedback with Linda7 regarding my case, I decide to file a motion to compel arbitration, she supplied me with 2010 Citibank Cardholder Agreement, I search the forum but had no luck finding a template motion to compel arbitration in California & letter to JAMS to initiate the arbitration. Can you help...????

*** Also I did not select arbitration in my CMC because I did not know have the cardholder agreement. My argument if needed, I would state that through the process of requesting an cardholder agreement in discovery in which Plaintiff refused to supply me, I found one on the internet for 2010 Citibank, N.A. cardholder agreement which had arbitration clause which is relevant to my case. Do you think the judge will approve arbitration? My trial is July 30, 2012, do I still have time?

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Dial,

I may have your post mixed up with another, but I thought I remember you saying the account wasn't yours and you never purchased anything the Jewlery Store in question. (now Zales)

I would be careful stating in any court or arbitration proceeding that any agreement is your agreement with the plaintiff. Once you do this you are agreeing that you are a party to the case.

Further, Private Arbitration is a strategy that works base on cost to collect, being more than the case is worth. Most folks using arbitration on an alleged debt use it because the debt is not alleged, it tends to be real alot of the times.

Judge may frown on your MTC if you included language that talks about going to the internet to find your agreement. Many successful MTC's are accompanied by an affidavit from the motioning party, stating this is our agreement. Further, to meet CCP 1281.2 the statued that governs arbitration in California the otherside needs to have refused to arbitrate.

I am really rooting for you, but you seem to be heading in alot of different directions. If this account really isn't yours, I would implore you to file the fraud report and send it to the otherside. The longer you continue to wait on this fail safe way out of this suit, the less understanding the court and otherside will be.

Remember you on a MTC you need to Notice the Motion and set a hearing date in California. You can't just file the motion, it will not be heard.

Best of Luck

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*** To tell you the truth is that this is my wife case, I was really trying to help her get through, but now I am really lost and confused. My wife is really scare of the court scene, but she did go to CMC by herself against a rent lawyer and did what I told her telling the judge discovery ongoing already and they are not responding, judge told her to motion to compel them ***

A. The fraud affidavit/police report is off the table, opposing counsel off the record said it too late, they already started discovery and will not offer that. They have not answer anymore discovery except for 6 months worth statements, discovery deadline approaching and I planned to file MIL right before trial and all the unaswer items. My next move was going to be CCP96 and their next thing was going to be CCP98 from Pam Cline, Citibank. And then I subpoena her for trial.

B. The account is not her, otherwise we keep pressing for payments information in discovery and signature application. As I remember, a couple of months before the allege account was open, our car was broke into, her purse along with all items inside was stolen, we got a police report that I have to search for in San Francisco district file away somewhere for insurance.

C. Ready through several cases of private arbitration, I thought that a case like mine $5700 might get dismiss if I ask for arbitration through JAMS that might cost Citibank too much to litigate. Plus the wife is getting really nervous about trial, she actually asking me if I can be next to her. I know that is not possible. She not comfortable with the court language even ask for interpreter for her language and I know case like this will not have such service. I told her it not up to you talk that much, just object to hersay items. But in the end, if their witness shows up, she really have to break down the witness and that will be impossible for her to do.

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I was in your situation with an account that my wife had also, and I was successful in getting move to arb, and eventually settling for 23% on the dollar, so that is a good strategy.

But your best strategy is to go down to the police department and file an identify theft report. The other side doesn't get to determine when you get to say identity theft. This is your defense period!!!!! If you find the other information from SF great, but they don't get to say we won't accept that now.

I would get this done in the next 10 days, and Fedex it to there office. Include and affidavit that states you have been trying to determine for sure that the account was identity theft, but due to the fact that plaintiff was less than forthright with discovery it was difficult. Upon recieving the BOP accounting and checking the purchase dates you know it was someone else. That you filed the police report on (XXX) date.

Now go pound sand.

Finally, do you really want to put your wife through something she may not be able to do. It will be hard on your marriage and should you loose, she will feel bad and you will be resentful because you believe you could have won....

Not worth it my friend.......

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*** I probably have to hold off on motion Arbitration, I read JAMS not accepting credit card case. I will take her tommorrow and get that police report going using the cc statements they supplied us. As far as the affidavit content or template, do you have the wording? Does it need to be notarize? You probably right, I have to force it down on them, else they will try to push it through at the end saying that she never claim fraud throughout the whole discovery process and case.

*** The reason I am fighting his hard, because I had $10,000 account 15 years ago, that was sold to JBC way past SOL, they serve my old address where my mother live 3 times and left it on the porch, mom toss it out. Long story short 3 years ago, I sold my home to find out there was a judgment lien around $14,000 attached to it; forcing me to negotiate for $8000 cash to get me home sold.

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No spiecal wording is neccessary just state the facts- I do believe you need to have the following in the declaration/affidavit.

I, <Your wifes name>, declare as follows:

“My name is <Your wifes name>, I am over 21 years of age, am of sound mind, am capable of making this declaration, and am personally acquainted with the facts stated herein.

1. I was served a summons on x date

2. I answer the complaint on X date.

3. I served BOP on X date.

4. I recieved statements on X date.

5. Upon review of the statments I know this account isn't mine.

6. On X date I filed a police report regarding the theft of my identity and fraudulent charges

Blah Blah Blah.......

“I have read the above and foregoing Declaration/affidavit, and declare under the penalty of perjury under the laws of the State of California that the facts and statements contained herein are within my personal knowledge and true and correct."

Also check the statements for purchase dates, you may find you were out of town, the day the purchases were made....

Best of Luck....

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the court would have to stop it also. the fact you told them counts as notice.

If your wife is fighting she should come here and read how to fight. without her personally learning she will not be able to go into court and defend because she now has fear that will make her lock up in court.

I would file the Identity theft packet available on the FTC website. Then you can get them on a violation right out of the gate.

Read this court case Komarova v. National Credit Acceptance for a way to proceed.

and file a motion to dismiss in the court also for a knockout blow. ID theft and lack of standing means you win.

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If your wife is fighting she should come here and read how to fight. without her personally learning she will not be able to go into court and defend because she now has fear that will make her lock up in court.

I would file the Identity theft packet available on the FTC website. Then you can get them on a violation right out of the gate.

*** I must have spend hours hours learning this stuff. I'm trying my best to coach and pass it on to her what I learned. She was confident enough to go against a really really old rent a lawyer at the CMC. Lately, she turn fearful of the a full trial approaching and she think they will be asking her a lot of questions. She afraid of giving wrong answers, I told to tell the truth and most likely if the witness does show up, they be asking the witness more questions than her. All that she really have to object the witness answer as hearsay and than she the one questioning the witness, which I can prepare her for.

*** I look at the Identity Theft Packet ftc, it is really really detail a lot of private information we are giving them. I hope they don't use that information against us if we lost the case, so I will hold it off unless they come back and really demand it. I prepared a letter/affidavit below for Skippy1960 and everyone else to review before sending it out:

"In the process of discovery, I was trying to determine for sure that the account was identity theft. Due to the fact that plaintiff was less than forthright with discovery it was difficult, especially without original application bearing defendant signature, charge slip bearing defendant signature of transactions and what was purchase, and one payment by someone other than defendant. Upon continue reviewing the credit card statements and checking the purchase dates, I know for sure it was someone using my identity open up the alleged account and transactions with Zales/Citibank. Furthermore, I have requested a copy of the police report of my vehicle burglarized back in 2007 in San Francisco, California where all my belongings were stolen including money, credit cards, driver licenses, social security, etc...

Therefore, on May 30th, 2012, I decided to file the attached police report for identity theft in the city of xxxxxx, California. Included is also a fraud declaration/affidavit. It is my goodwill and intention to put an end to further litigation of the alleged account and lawsuit. If you feel the same, please give me a call at xxxxxxxxx so that we could discuss how to proceed in this matter."

A Copy of Police Report and the following fraud affidavit Skipp1960 template:

Fraud Declaration/Affidavit

I, xxxxxxx, declare as follows:

“My name is xxxxxxxx, I am over 21 years of age, am of sound mind, am capable of making this declaration, and am personally acquainted with the facts stated herein.

1. I was served a summons on February 6, 2012.

2. I answer the complaint on February 23, 2012.

3. I served BOP on April 18, 2012.

4. I received statements on May 11, 2012.

5. Upon review of the statements and one payment information, I know this account isn't mine.

6. On May 30, 2012 I filed a police report regarding the theft of my identity and fraudulent charges.

“I have read the above and foregoing Declaration/affidavit, and declare under the penalty of perjury under the laws of the State of California that the facts and statements contained herein are within my personal knowledge and true and correct."

Date: June 4th, 2012

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My case got dismissed without prejudice today 30 days prior to trial.

I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS

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