quagga

Help with Discovery Answers in California

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---UPDATED with new Responses after review CCP 08/09/2012---

---UPDATED with new Responses 08/08/2012----

Hello

I am currently in Discovery phase of a lawsuit with Portfolio Recovery Associates/Legal Recovery Law Offices.

Their cause of actions are "Breech of Contract" and "Account Stated"

Since I have less then 20 post I can't link the original thread with lists the complaint but can be found my searching my user "quagga" or i can IM

I sent in my response with a PLD-050 General Denial and sent them a BOP request. However they denied my BOP request due to the cause of action being "Account Stated" After reading more i looks i'll need to send a Meet and Confer letter.

I know you can lose your case in discovery so anyone can help with how to answer the Request for Interrogatories, Documents, and Admissions. I'll put down what I think my responses should be in italics

Also if any one know what Discovery questions I should be asking as well that would be appreciated

REQUEST FOR SPECIAL INTERROGATORIES

1. State each Address at which you recieved mail during the last 5 years.

I will state my address

2. Identify your contact information (Cell, Home Phone, Employer Phone)

I will list my contact info

3. Is it your contention that you did not apply for credit with WELLS FARGO BANK, N.A./ as set forth by the plaintiff in the plaintiff's complaint.

Defendant denies knowledge of the alleged account stated in the Plaintiff's complaint.

4. If your response to the preceding Interrogatory No. 3 is other than a unqualified negative, then state with specificity any and all facts that support your response.

Defendant has received no proof or evidence showing a application for credit

5. Is it your contention that you did not agree to the terms of a written agreement with WELLS FARGO BANK, N.A/ when you applied for credit.

Defendant has denied knowledge of the alleged account, and therefore, this request is improper and no written agreement was provided to the defendant.

6. If your response to the preceding Interrogatory No. 5 is other than a unqualified negative, then state with specificity any and all facts that support your response.

Defendant has denied knowledge of the alleged account, and therefore, this request is improper and no written agreement was provided to the defendant.

7. Is it your contention that you did not use the credit you received from WELLS FARGO BANK, N.A/ as set forth by the plaintiff in the plaintiff's complaint.

Defendant has denied knowledge of the alleged account, and therefore, this request is improper and no credit from Wells Fargo was provided to the defendant.

8. If your response to the preceding Interrogatory No. 7 is other than a unqualified negative, then state with specificity any and all facts that support your response.

Defendant has denied knowledge of the alleged account, and therefor, this request is improper and no credit from Wells Fargo was provided to the defendant.

9. Is it your contention that you were not obligated to the terms set forth in a written agreement with WELLS FAGRO BANK, N.A./ when you used the credit provided to you by WELLS FARGO BANK, N.A/.

Defendant has denied knowledge of the alleged account, and therefore, this request is improper and no terms or written agreement were provided to the defendant.

10. If your response to the preceding Interrogatory No. 9 is other than a unqualified negative, then state with specificity any and all facts that support your response.

Defendant has denied knowledge of the alleged account, and therefore this request is improper and no terms or written agreement were provided to the defendant.

11. Is it your contention that you paid all that you owed on the account identified in the plaintiff's complaint as account number with last four XXXXXXXXXXXX2393.

Defendant has denied knowledge of the alleged account, and therefore, this request is improper and defendant does not owe plaintiff any money, also plaintiff has offered no evidence to prove the existence of this alleged account.

12. If your response to the preceding Interrogatory No. 11 is other than a unqualified negative, then state with specificity any and all facts that support your response.

Defendant has denied knowledge of the alleged account, an therefore, this request is improper and defendant does not owe the plaintiff any money, also plaintiff has offered no evidence to prove the existence of this alleged account.

13. Is it your contention that you owe the plaintiff less than the outanding amount set forth by the plaintiff in the plaintiff's complaint.

Defendant has denied knowledge of the alleged account and owes the plaintiff nothing.

14. If your response to the preceding Interrogatory No. 13 is other than a unqualified negative, then state with specificity any and all facts that support your response.

Defendant has denied knowledge of the alleged account and owes the plaintiff nothing.

15. Is it your contention that you did not receive billing statements from WELLS FARGO BANK, N.A./ concerning the account identified in the plantiff's complaint as account number with last four digits XXXXXXXXXXXX2393.

Defendant has denied knowledge of the alleged account therefore defendant did not receive billing statements.

REQUEST for PRODUCTION OF DOCUMENTS

1. Any and all correspondence by and between you and WELLS FARGO BANK, N.A/ with relation to the account at issue in the plaintiff's complaint

2. Any and all documents that evidence payments made by you with relation to the account at issue in the plaintiff's complaint.

3. Any and all documents that evidence a written or oral contract with relation to the debt at issue in the plaintiff's compliant.

4. Any and all correspondence by and between you and the assignees of WELLS FARGO BANK, N.A./ listed in the plaintiff's complaint with relation to the account at issue in the plaintiff's complaint.

5. Any and all documents that support your responses to the plaintiff's first set of special interrogatories.

And here’s the same answer for all 5, presented here one time:

RESPONSE TO REQUESTS FOR PRODUCTION NOS. 1-5:

Defendant is unable to produce any documents responsive to this request. A diligent search and reasonable inquiry has been made in an effort to locate items responsive to this request, however, a diligent search reveals no existence of any written or oral contract.

REQUEST FOR ADMISSIONS

1. I applied for and received the credit stated in the plaintiff's complaint from WELLS FARGO BANK, N.A./

Deny

2. I used the credit stated in the plaintiff's complaint.

Deny

3. I understood that by using the credit, I agreed to the terms and conditions set forth in a written agreement by and between myself and WELLS FARGO BANK, N.A./

Deny

4. The credit terms include a provision that the prevailing party in a dispute is entitled to attorney's fees.

Deny

5. The credit terms include a provision for calculating interest.

Deny

6. I received billing statements from WELLS FARGO BANK, N.A./ for the account stated in the plaintiff's complaint having last four digits XXXXXXX1231.

Deny

7. The billing statements indicate the amount of interest being charged.

Deny

8. I failed to make payments on the account stated in the plantiff's complaint having last four digits XXXXXX1231 in the amount set forth in the plaintiff's complaint.

Deny

9. I have made a payment toward the balance owed on the account stated in the plaintiff's complaint having last four digits XXXXXXX1231 with the four years prior to 05/10/2012

Deny

Thank you all for any help

Edited by quagga
Updated responses to ROGs and RFA
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See my thread on BOP and send my second letter. If they claim it's a credit card debt, then IT'S NOT account stated, court and judge knows, they are bluffing you.

Read your complaint, if it says credit card, it's an open account.

Are you admiting to the last statement?

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See my thread on BOP and send my second letter. If they claim it's a credit card debt, then IT'S NOT account stated, court and judge knows, they are bluffing you.

Read your complaint, if it says credit card, it's an open account.

Are you admiting to the last statement?

Thank you ADSOFT for you quick response. Here is the response I was given for by the JDB. Also I have included the two cause of actions in the complaint.

Regarding the Bill of Particular you have requested, pursuant to CA Civ. Proc. 454: A demand for bill of particulars may be served on the plaintiff only in a action on "an account." As stated in the Code: "it is not necessary for a party to set forth in a pleading the itmes of an account therein alleged, but he must deliver to the adverse party after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof..." A bill of particulars is not appropriate in an action on an account stated, because an account stated is deemed to merge the various items on which the earlier accounts were based: ie., there is nothing left to itemize. [Ahlbin v. Crecent commercial Corp. (1950) 100 Cal.App.2d 646, 648, 224 P.2d 131, 133--plaintiff may ignore defendant's demand]

Plaintiff's complaint alleges breach of contract and account stated as causes of action. As such it is plaintiff's position Bill of Particulars is inapplicable to plaintiff's cause of action.

Factual Allegations Common To All Causes of Action

6. Defendant(s) are over the age of 18 and indebted to Plaintiff for credit received through purchases/cash advances and/or monies loaned and received and furnished to the Defendant(s) by the original creditor, WELLS FARGO BANK, N.A., and all related finance charges and/or late fees incurred pursuant to the terms and conditions of the contract(s). For valuable consideration, the original creditor sold, assigned and/or transferred the clams underlying the causes of action set forth in this Complaint to the Plaintiff, who is the assignee and/or sole owner of such claims with all legal rights to pursue collection of said debt(s) from the Defendant(s), and all legal right to release or satisfy said debt(s). This credit is identified by the Plaintiff as an account having the last four digits XXXXXXXXXXXXX0001 (the “Account(s)”).

7. Defendant(s) agreed to pay these monies to the Original Creditor as provided for in the agreement between Defendant(s) and Original Creditor. The terms and conditions under which Defendant(s) agree to repay these monies are set forth in a written credit card and/or loan agreement. Defendant(s) consented to these terms either by an authorizing signature on the application and/or agreement or by Defendant(s) use of the credit instrument and/or monies provided.

8. //

9. Plaintiff and Plaintiff's assignors and/or predecessors have duly performed all conditions on its/their part, except the conditions and covenants it was/they were excused or prevented from performing. Despite Plaintiff's demand, Defendant(s) have not repaid Plaintiff for the charges made and/or the monies loaned, in the amount(s) of $X,XXX.XX

10. Billing statements were mailed to Defendant(s). Plaintiff is unaware of any unresolved dispute conserning a billing error.

11. Within the past (4) years, on or about XX-XX-2008, the Defendant(s) breached the agreement by failing to pay the Original Creditor.

12. Plaintiff has made a demand for payment of monies owed, but Defendant(s) has either failed, refused or neglected to pay Plaintiff as agreed. Defendant(s) are, therefore, in default under the terms of the party's agreement

13. No part of the above balance owed has been paid to date and said balance is now due and owing from Defendant(s)

First Cause Of Action (Breach of Written contract) (As Against All Defendants)

14. Plaintiff sets forth by reference as though fully set forth below each and every allegation of paragraph 1-13 of this Complaint.

15. The Original Creditor and Defendant(s) entered into a written contract(s) wherein at the request of Defendant(s), the Original Creditor extended credit and/or provided financing to the Defendant(s). In return, Defendant(s) agree to make payment(s) in accordance with the terms and conditions of the contract.

16. The Original Creditor sent to Defendant(s) bills reflecting, inter alia, all charges incurred with the Account(s), the payment due, and the total balance due. Where the debt at issue herein was a credit card, each statement informed Defendant(s) of the duty to submit and disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement.

17. Between the date of the aforementioned contract(s) to the present, Defendant(s) breached said contract(s), by ceasing or failing to make the payment due on the Account(s)

18. No part of the principal sum $X,XXX.XX has been paid to date and said sum is now due and owing by Defendant(s) to the Plaintiff.

19. As direct and proximate result of Defendant(s)' breach of said written contract, Plaintiff has been damaged in the above stated sum, together with interest thereon in the amount of $0.00 plus reasonable attorney's fees and cost where allowed by law or contract or accrding to proof.

Second Cause Of Action (Account Stated) (As Against All Defendants)

20. Plaintiff sets forth by reference as through fully set forth below each and every allegation of paragraph 1 through 19 of this Complaint.

21. The Account(s) was stated in writing by and between the Original Creditor and Defendant(s) and on such statements a balance(s) of $X,XXX.XX was ultimately stated as due and owing. However, Defendant(s) has not paid the amount owing as agreed.

22. There is now due, owing, and unpaid from Defendant(s) to Plaintiff the above stated balance owed for purchases, cash advances and/or monies loaned, and finances charges and/or late fees incurred pursuant to the terms and conditions of the contract(s).

23. Plaintiff alleges that there is an Account(s) stated by operation of law wherein the Original Creditor billed Defendant(s) for the credit balance and received no objections to it.

24. No part of the above balance owed ahas been paid and said amount is now due and owing from Defendant(s) to Plaintiff, together with interest thereon in the amount of $0.00 plus reasonable attorney's fees and costs where allowed by law or contract o according to proof.

Edited by quagga
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Im lost with your defense "I sent in my response with a PLD-050 General Denial" Then you admit to almost everything,please explain what you are thinking your defense should be.Do you owe Portfolio Recovery Associates money,They paid 1.5 to 3 cents on the dollar for your charged off account.I think you better start early on defending motion for summary judgement with those answers.Please do some more reading.

CALIFORNIA CODE OF CIVIL PROCEDURE

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

Where it says midland funding you think Portfolio Recovery Associates read coltfans pages on beating junk debt buyers.

Edited by racecar
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Could you refer me to case law that credit card debt is not account stated? I thought they could always get you on that because credit cards are supposed to be an ongoing agreement, or something like that. Thanks for clearing any confusion.

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Could you refer me to case law that credit card debt is not account stated? I thought they could always get you on that because credit cards are supposed to be an ongoing agreement, or something like that. Thanks for clearing any confusion.

Just look up the definition of open account, no case law neccesary, account stated etc.

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Thank you ADSOFT for you quick response. Here is the response I was given for by the JDB. Also I have included the two cause of actions in the complaint.

Regarding the Bill of Particular you have requested, pursuant to CA Civ. Proc. 454: A demand for bill of particulars may be served on the plaintiff only in a action on "an account." As stated in the Code: "it is not necessary for a party to set forth in a pleading the itmes of an account therein alleged, but he must deliver to the adverse party after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof..." A bill of particulars is not appropriate in an action on an account stated, because an account stated is deemed to merge the various items on which the earlier accounts were based: ie., there is nothing left to itemize. [Ahlbin v. Crecent commercial Corp. (1950) 100 Cal.App.2d 646, 648, 224 P.2d 131, 133--plaintiff may ignore defendant's demand]

Plaintiff's complaint alleges breach of contract and account stated as causes of action. As such it is plaintiff's position Bill of Particulars is inapplicable to plaintiff's cause of action.

Factual Allegations Common To All Causes of Action

6. Defendant(s) are over the age of 18 and indebted to Plaintiff for credit received through purchases/cash advances and/or monies loaned and received and furnished to the Defendant(s) by the original creditor, WELLS FARGO BANK, N.A., and all related finance charges and/or late fees incurred pursuant to the terms and conditions of the contract(s). For valuable consideration, the original creditor sold, assigned and/or transferred the clams underlying the causes of action set forth in this Complaint to the Plaintiff, who is the assignee and/or sole owner of such claims with all legal rights to pursue collection of said debt(s) from the Defendant(s), and all legal right to release or satisfy said debt(s). This credit is identified by the Plaintiff as an account having the last four digits XXXXXXXXXXXXX0001 (the “Account(s)”).

7. Defendant(s) agreed to pay these monies to the Original Creditor as provided for in the agreement between Defendant(s) and Original Creditor. The terms and conditions under which Defendant(s) agree to repay these monies are set forth in a written credit card and/or loan agreement. Defendant(s) consented to these terms either by an authorizing signature on the application and/or agreement or by Defendant(s) use of the credit instrument and/or monies provided.

8. //

9. Plaintiff and Plaintiff's assignors and/or predecessors have duly performed all conditions on its/their part, except the conditions and covenants it was/they were excused or prevented from performing. Despite Plaintiff's demand, Defendant(s) have not repaid Plaintiff for the charges made and/or the monies loaned, in the amount(s) of $X,XXX.XX

10. Billing statements were mailed to Defendant(s). Plaintiff is unaware of any unresolved dispute conserning a billing error.

11. Within the past (4) years, on or about XX-XX-2008, the Defendant(s) breached the agreement by failing to pay the Original Creditor.

12. Plaintiff has made a demand for payment of monies owed, but Defendant(s) has either failed, refused or neglected to pay Plaintiff as agreed. Defendant(s) are, therefore, in default under the terms of the party's agreement

13. No part of the above balance owed has been paid to date and said balance is now due and owing from Defendant(s)

First Cause Of Action (Breach of Written contract) (As Against All Defendants)

14. Plaintiff sets forth by reference as though fully set forth below each and every allegation of paragraph 1-13 of this Complaint.

15. The Original Creditor and Defendant(s) entered into a written contract(s) wherein at the request of Defendant(s), the Original Creditor extended credit and/or provided financing to the Defendant(s). In return, Defendant(s) agree to make payment(s) in accordance with the terms and conditions of the contract.

16. The Original Creditor sent to Defendant(s) bills reflecting, inter alia, all charges incurred with the Account(s), the payment due, and the total balance due. Where the debt at issue herein was a credit card, each statement informed Defendant(s) of the duty to submit and disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement.

17. Between the date of the aforementioned contract(s) to the present, Defendant(s) breached said contract(s), by ceasing or failing to make the payment due on the Account(s)

18. No part of the principal sum $X,XXX.XX has been paid to date and said sum is now due and owing by Defendant(s) to the Plaintiff.

19. As direct and proximate result of Defendant(s)' breach of said written contract, Plaintiff has been damaged in the above stated sum, together with interest thereon in the amount of $0.00 plus reasonable attorney's fees and cost where allowed by law or contract or accrding to proof.

Second Cause Of Action (Account Stated) (As Against All Defendants)

20. Plaintiff sets forth by reference as through fully set forth below each and every allegation of paragraph 1 through 19 of this Complaint.

21. The Account(s) was stated in writing by and between the Original Creditor and Defendant(s) and on such statements a balance(s) of $X,XXX.XX was ultimately stated as due and owing. However, Defendant(s) has not paid the amount owing as agreed.

22. There is now due, owing, and unpaid from Defendant(s) to Plaintiff the above stated balance owed for purchases, cash advances and/or monies loaned, and finances charges and/or late fees incurred pursuant to the terms and conditions of the contract(s).

23. Plaintiff alleges that there is an Account(s) stated by operation of law wherein the Original Creditor billed Defendant(s) for the credit balance and received no objections to it.

24. No part of the above balance owed ahas been paid and said amount is now due and owing from Defendant(s) to Plaintiff, together with interest thereon in the amount of $0.00 plus reasonable attorney's fees and costs where allowed by law or contract o according to proof.

Okay,

First of all if you set a general denial then that would imply that you should deny everything since to the best of your knowledge, you don't know what they are talking about.

In other words, for me to admit that you have an account\obligation wth someone they have to show alot of information. Why, you may admit to something that is not true. AND THERE HAVE BEEN MANY PEOPLE WHO HAVE PAID SEVERAL TIMES ON THE SAME DEBT or A DEBT THAT'S NOT THIERS.

Like race car said, if you admit to anything you will get hit with Summary Judgement.

Second of all, if you never took out a LOAN which is different than a credit card then you should deny everything.

And even if you did take out a loan, they need to provide more info before I would agree to anything personally, why, because without your signature and terms you might be paying for something that is not yours. It's not your bill(Imagine going to by a hamberger and they try to charge you $100.00,that's not your bill, good grounds to deny everything).

Basicially, with the limited info they have supplied, IMHO, I think you are on good grounds to deny everything. Should they slap you with a Motion to Commpel answers, personally I would say there is not enough info to prove a contractual obligation as no contract or signature was supplied. If plaintiff truely has a contract with you they should have your signature and contract on file.

Regrading the BOP, if you know you never took out a LOAN then they are in the wrong. Learn the difference between an account stated & credit card account.

I would do the following.

Send a letter to the plaintiff, stating.

I don't recall ever having an account stated with the plaintiff. If you claim to have evidence of an ALLEGED debt, which qualifies as an Account Stated, then please provide a contract and signature proving such obligation with the plaintiff.

Only you know if you ever took out a credit card or loan with SOME CREDITOR, if it was a credit card, with info provided , and it was me I would, do a little more research on account stated , send letter simular to above, and if you never took out a loan, send my second letter.

With the second letter, you should have a good case to win in credit card account.

You can PM me, but I have a bad neck\back might take a few days for me to respond.

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Im lost with your defense "I sent in my response with a PLD-050 General Denial" Then you admit to almost everything,please explain what you are thinking your defense should be.Do you owe Portfolio Recovery Associates money,They paid 1.5 to 3 cents on the dollar for your charged off account.I think you better start early on defending motion for summary judgement with those answers.Please do some more reading.

Where it says midland funding you think Portfolio Recovery Associates read coltfans pages on beating junk debt buyers.

See this is where i'm confused. I thought Discovery needed to be answered accurately as possible. Am I able to deny it even though I know it not to be accurate? I do admit it has been a while and I don't remember a lot of the details about the account but is that a valid reason to deny? I do know that I had a credit card with Wells Fargo. However I don't know how much I should admit.

I am reading a book "How to win your lawsuit" by NOLO press saying that I should not deny things that are obviously true as the judge will not take kindly to making the plaintiff prove ever single point. Is this the case or should I be denying all but the plain and obvious. And if I do deny I how do I explain it.

For example Interrogatory 3. If i contend that I opened a account with Wells Fargo Bank, how should I answer Interrogatory 4 explaining why I contend Interrogatory 3.

I was planning on attacking the JDB's standing to sue.

Edited by quagga
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You know what after reading a bit more and from the advice given. I think I know what my problem is. I've been looking at this from the wrong mindset. I've been answering these ROGs based upon what I remember about the account which may or may not be accurate.

I should be answering these ROGs based upon what evidence the JDB have provided me. And they haven't provided me crap for evidence except some some signed affidavit stating that these facts are correct by their own lawyer.

Man I feel so stupid at the moment. Luckily I came here and asked for advice before mailing it.

Edited by quagga
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You know what after reading a bit more and from the advice given. I think I know what my problem is. I've been looking at this from the wrong mindset. I've been answering these ROGs based upon what I remember about the account which may or may not be accurate.

I should be answering these ROGs based upon what evidence the JDB have provided me. And they haven't provided me crap for evidence except some some signed affidavit stating that these facts are correct by their own lawyer.

Man I feel so stupid at the moment. Luckily I came here and asked for advice before mailing it.

Yes, you hit the nail on the head. You already started with the Gen Denial so now its their turn to PROVE their case. Don't help them.

"Objections/Denials" for their Interrogatories and Diligent searches with nothing to show should be used to respond to their Production of Documents demands.

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You know what after reading a bit more and from the advice given. I think I know what my problem is. I've been looking at this from the wrong mindset. I've been answering these ROGs based upon what I remember about the account which may or may not be accurate.

I should be answering these ROGs based upon what evidence the JDB have provided me. And they haven't provided me crap for evidence except some some signed affidavit stating that these facts are correct by their own lawyer.

Man I feel so stupid at the moment. Luckily I came here and asked for advice before mailing it.

That's exactly how to do it. Dont do thier work for them. Remember they bought your account on pennies on the dollar , without the necessary info, to win the case. The are depending on you to fill in the missing docs.

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that sounds a little better. Have to review more on proper responses.

Personally I would just deny existance of obligation to plaintiff and just deny everything but after reading this Article 2. Response To Requests For Admission :: Code of Civil Procedure :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia it might not be that easy.

But your denying everything which fits with your general denial.

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that sounds a little better. Have to review more on proper responses.

It would appear that my current responses are not valid. I checked CCP and in order for me to object I would need to list the specific grounds for the objection, such as argumenative. I went over a list of reasons for objections I could not find any that would apply.

CCP for Interrogatory objections

2030.240

(B) If an objection is made to an interrogatory or to a part of an

interrogatory, the specific ground for the objection shall be set

forth clearly in the response. If an objection is based on a claim of

privilege, the particular privilege invoked shall be clearly stated.

If an objection is based on a claim that the information sought is

protected work product under Chapter 4 (commencing with Section

2018.010), that claim shall be expressly asserted.

CCP Admission Objections

2033.230.

(B) If an objection is made to a request or to a part of a

request, the specific ground for the objection shall be set forth

clearly in the response. If an objection is based on a claim of

privilege, the particular privilege invoked shall be clearly stated.

If an objection is based on a claim that the matter as to which an

admission is requested is protected work product under Chapter 4

(commencing with Section 2018.010), that claim shall be expressly

asserted.

The valid responses for Interrogatories are

2030.210

(1) An answer containing the information sought to be discovered.

(2) An exercise of the party's option to produce writings.

(3) An objection to the particular interrogatory.

Valid response for Admissions is

2033.220.

(1) Admit so much of the matter involved in the request as is

true, either as expressed in the request itself or as reasonably and

clearly qualified by the responding party.

(2) Deny so much of the matter involved in the request as is

untrue.

(3) Specify so much of the matter involved in the request as to

the truth of which the responding party lacks sufficient information

or knowledge.

Looks like i'll have to change my responses to the Interrogatory 1 to where I contest the said account. And I would deny to answer the other Interrogatories as it would conflict with my first Interrogatory answer. And for the Admissions I will change me answers to Deny with no explanation. Does this sound right?

Thanks

Edited by quagga
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Thanks you racecar. I looked over the documentation and I think it confirms what I need to do. I don't really thing I have grounds to object any of the interrogatories or admissions. I'll just answer it based on current information know based upon the proof provided by the plaintiff which is nothing.

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That at least appears to conside with your general denial response. And like I said before, if you never applied for a LOAN then it make sense to deny everything up until trial. You will have a chance to ask for all evidence to be presented at trial before the trial begins.

Remember that you also have your set of interrogetories to ask for.

If it were me I would send my second letter to request BOP and state you will ask to have evidence ommited if it's an an open account. that should cover that.

In your interogatories ask for info as a STATED account, to shake thier hand.

Keep in mind that courts in California Superior are designed to have everyone show thier hand before trial so a settlement can be reached without a Judges intervention.

I also have the book from Nolo on how to win in court. I'll locate it by Monday and see if I can get a copy of interogatories for stated accounts.

Also: very Important.

The cover letter of the summons states what kind of lawsuit it is. Credit card, stated etc. Please check the cover letter and tell us under what Code Section they sued you under. That will tell you if it was Open or Stated account.

Please respond to above question, it will greatly facilitate assistance.

.. good job.

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That at least appears to conside with your general denial response. And like I said before, if you never applied for a LOAN then it make sense to deny everything up until trial. You will have a chance to ask for all evidence to be presented at trial before the trial begins.

Remember that you also have your set of interrogetories to ask for.

If it were me I would send my second letter to request BOP and state you will ask to have evidence ommited if it's an an open account. that should cover that.

In your interogatories ask for info as a STATED account, to shake thier hand.

Keep in mind that courts in California Superior are designed to have everyone show thier hand before trial so a settlement can be reached without a Judges intervention.

I also have the book from Nolo on how to win in court. I'll locate it by Monday and see if I can get a copy of interogatories for stated accounts.

Also: very Important.

The cover letter of the summons states what kind of lawsuit it is. Credit card, stated etc. Please check the cover letter and tell us under what Code Section they sued you under. That will tell you if it was Open or Stated account.

Please respond to above question, it will greatly facilitate assistance.

.. good job.

Hello ADSOFT

The account is a credit card and not a loan. I will also send the second letter for the BOP.

What I have is a Civil Case Cover Sheet (California form CM-010) and this is whats checked on the form.

1. Limited Case (demand under 25,000)

For case type

2. Contract Rules 3.740 collections (09)

3. This case is not complex under rule 3.400 of California rules of court.

4. Remedies sought monetary

5. This is not a class action law suit

Thanks again

Edited by quagga
DOH
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Hello racecar

The account is a credit card and not a loan. I will also send the second letter for the BOP.

What I have is a Civil Case Cover Sheet (California form CM-010) and this is whats checked on the form.

1. Limited Case (demand under 25,000)

For case type

2. Contract Rules 3.740 collections (09)

3. This case is not complex under rule 3.400 of California rules of court.

4. Remedies sought monetary

5. This is not a class action law suit

Thanks again

Racecar?? ... I'm Adsoft!!!

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Thanks,

If you read the bottom of the form CM-010 under case type examples you see that a type 9 is an open account and or money owed.

Your follow up letter to BOP, my second letter, should cover you if they provide a credit card account.

The only way they can get you on a account stated is if you signed a paper that you owe the amount stated and they provide that info.

Start preparing you're interogatories. You should be asking for a contract with sig. but you can can hold off on that.

focus on sending answers to interogs and your followup letter.

they might slap you with a motion to compel but your first two requests for BOP should back you up on your answers.

Your doing fine. Believe me when I say they have alot of hoops to jump. Hang in their.

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