pegasuscolt

Case Management Conference

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Hello All,

I have a quick question regarding a Case Management Statement for my case in CA. I apology if this is brief and not as thorough to give all the details of the case or if someone has already discussed this, but unfortunately, I think I am on a time crunch.

I received a Case Management Statement two weeks ago but wasn't sure if I had to do anything besides showing up to the Conference, which is scheduled for this Friday, 10/12. I have every intention of showing up. I was served back in June from Fulton Friedman & Gullace for Asset Acceptance, LLC, who purchased the debt from Citi, filed my Answer with a Denial, then Request for Discovery & Interrogatories. They responded to my Request saying that they've purchased the debt legally and attached a letter from Citi's CEO stating the debt was sold to them and now sent me this Statement for the Conference. I now know that I needed to respond before 10 or 15 days of the conference, but is it too late to do so? (They dated this on 9/17, but since they never bothered to change my new address, I didn't get it until 9/22) They stated that all parties have met and conferred, however that is not true. I've never spoken to or met with anyone from that law firm.

I hope the Court doesn't ding me for not acting appropriately by not responding with my own statement, even though I intend on showing up on Friday. How should I proceed? Should I just show up or request an extension? Please advise as any feedback would be greatly appreciated.

Thanks,

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Show up - or they will move for default. Fill out the case management statement and bring copies with you...

Also, send them a BOP as soon as possible.

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Thank you both for your help. Hopefully the meeting won't be as bad as I anticipate it to be.

I was in full tilt freak out mode going into mine. I had only been in a court house 1 or 2 times before and I think it was to pay a ticket. The CMC is super mellow. They're just checking to see if everything is on track. The JDB lawyer at mine was the most typical rent a lawyer you could ever find. His sport coat was so wrinkled it looked like he pulled it out of a plastic bag just before walking in the courtroom. They might try and push the trial back. I think this is in hopes you will forget something and they can use that. If you have the time go sit in on a CMC and you'll see how simple it is.

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Thanks, ASTMedic. That's what I've gathered, but nevertheless this is pretty nerve racking as I've never gone into court before except for Jury Duty. :)

I guess my best case is preparation, which this forum has done for me.

Thanks again.

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Thanks, ASTMedic. That's what I've gathered, but nevertheless this is pretty nerve racking as I've never gone into court before except for Jury Duty. :)

I guess my best case is preparation, which this forum has done for me.

Thanks again.

They might try and talk to you before the CMC and want you to settle. Just say no. Coltfan might have a few other choice statements that would fit the moment better but either way stick to your guns and we'll help you get through this.

Did you post about what they are claiming as the cause in the complaint? Account stated?

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No, unfortunately I found this forum too late in the game and now I fear I am in way over my head over this...had I done a better job and had more time to research, I probably wouldn't be in the bind I am now.

To briefly summarize, I was sent the Summons, filed my Answer (denials) with some Affirmative Defenses, and then filed a Request for Production of Documents and Interrogatories. The cause of action in the complaint was framed in the form of common counts, not breach of contract, where they said I had opened an account with Citi 4 years ago and have not repaid the debt. I honestly can't recall the last time I paid it but, I highly doubt these guys have proof either (at least I hope). In response to my POD, they did send me a notarized Affidavit of Account signed by an employee of Asset Acceptance stating that she had knowledge of my account, alleged letters that they said were sent to me with their intent to file suit (which I never received), a Bill of Sale, Assignment and Assumption Agreement that was signed by the VP & CFO of Citibank and SVP of Asset Acceptance (not notarized), a few statements from 09' that don't have my name on it or itemized purchasing or non-payment activities and a Credit Card Agreement that does not have my signature on it.

Again, I fear that I may have shot myself in the foot since receiving the documents, especially the Bill of Sale, so we'll see tomorrow. Now that I think about it more, is the Bill of Sale the same as asking for the BOP? I would hate to ask for that if they fulfilled my request with the Bill of Sale. I don't want to appear dumber than I already feel regarding this matter, especially during the conference tomorrow if it comes up.

Thank you again for letting me know that I am not alone in this...

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Hi Pegasuscolt,

We have similar cases & my case management is tomorrow, so I thought I'd ask, how did your case management conference go?

Also, if you need a template for the Bill of Particulars, you can check out the one I created in my thread:

http://www.creditinfocenter.com/forums/there-lawyer-house/315816-ca-asset-acceptance-open-acct-acct-stated-s-about-discovery-2.html

Also, I just received my docs from the Plaintiff and we have some similar items - there is a discussion about those as well in my thread.

Please don't forget that just answering the complaint with a denial puts you ahead of the curve! Let us know what happened at your hearing and / or how we can help! :)++

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Hello Everyone,

 

It has been a few months since my last post and I must say, I'm a bit embarassed that so much time has elapsed. Unfortunately, I had to deal with some personal issues, but this is not to invite you to a pity party. :) I'm back in the game...

 

Thankfully, the CMC back in October was for a non-appearance but I showed up anyways like everyone suggested and was sent home. Yesterday, we had a follow up CMC and after reading and practically memorizing ReadytoWininCA's case, since there are so many similarities (thank you for empowering me, by the way!), I was ready. The judge started out by telling us that due to budget constraints, our cases may be moved to other locations, so it might behoove us to consider settling the matter if at all possible.

 

The rent a lawyer that the Plaintiff sent was there for another case, so by the time the judge called me, the same lawyer was already standing up and fumbling around. The judge asked what the status was and before I could get on the offense, the lawyer said he wasn't sure. The judge had this puzzling look on his face and then proceeded to talk about the options we had between a judge or jury trial. I then asked for permission to speak and explained that we were still in Discovery and that I anticipate more issues during this time. The judge asked how much was the disputed amount and the lawyer, who was still fumbling by the way, said he didn't know. I said roughly $7000 Your Honor. He then asked if 6 months would allow me enough time to complete the Discovery and I told him yes as long as the Plaintiff complies as well (of course I don't really want that; I just wanted to get a reaction from the lawyer). The judge just smiled and I continued that if necessary, my next step would be to ask the Court to assist compliance by me filing a motion to compel (which I already stated on my Conference Statement). Again, the judge just smiled and said, "someone's been doing her homework". He then scheduled a trial date 6 months out and reiterated again that, if possible, we should discuss a possible settement. The lawyer and I both said our thank yous and walked out of the court, with me in the lead. We ended up in the same elevator together and the lawyer just turned to me and said that my case may be transferred to another court. I said it didn't matter, I will go wherever they send me to fight. He just smirked and said "good for you". He then asked "did you send these guys Discovery?" Um...apparently, he wasn't listening to me when I spoke in court, so I said "yes and they haven't sent me what I requested". To my surprise, he said "then hit them hard with a motion; they'll balk so quickly, they won't know what hit em'!" WHAT??? To not give my suprise away, I told him I thought it was odd that he would say something like that. He said he was already paid for the day, so he has no stake in the game. I just said "I see" and he wished me "good luck" and we went our separate ways. Weird exchange to say the least, but his reaction gave me some hope (not as much as this forum has, but I'll take my minor victories whenever I can). I just hope I'm not under any false sense of security though. I know I still have my work cut out for me, especially because so much time has elapsed.

 

So, here is my dilemma: last year when I sent in my RFP, Set One, they did send me a notarized Affidavit of Account signed by an employee of Asset Acceptance stating that she had knowledge of my account, alleged letters that they said were sent to me with their intent to file suit (which I never received), a Bill of Sale, Assignment and Assumption Agreement that was signed by the VP & CFO of Citibank and SVP of Asset Acceptance (not notarized), a few statements from 09' that don't have my name on it (although the actual statement did not have my name on it, just looks like they took a piece of paper where they typed my name and address and some supposedly accounting format and photocopied that to make the statement look official), or itemized purchasing or non-payment activities and a Credit Card Agreement that does not have my signature on it.The rest of their reply was them acknowledging that they are the assignor, who purchased the alledged debt from Citi and are now in a position to collect. When asked for other items like an itemized list of transactions, or even a copy of the signed agreement, they said as a result of them not being the original creditor, they do not possess said documents and will request from OC, which I doubt they've had. So my question is, should I send them another RFP, or should I take the advice of the rent a lawyer and file the Motion to Compel? Again, I'm nervous that because I've allowed so much time to pass since I sent the first RFP that I would get dinged for trying to file a motion now. If I need to show my Answer and RFP on this forum, I'd be happy to do so. Please help!!!

 

Thank you, thank you for everyone's time and consideration!!!

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Pega,

Based on my reading of the California Rules of Civil Procedure (CCP) there is no time limit on filing a Motion to Compel further RFP. You would need to follow 2031.310. This section as the rules related to filing a MTC for RFP.

I would point out that you would need to send a Meet and Confer letter outlining the defect in their response prior to filing the MTC, further it would be a Noticed hearing that would need to be scheduled with at least 45 days notice.

I would also mention filing a MTC can be very labor intensive, on your part. Based on the last paragraph, it seems they send a good amount of paper already, asking for more evidence of the debt may not be the best strategy....

If this were my case I would send som Requests for Admissions or Interrogatorries around the documents you already have. Trying to elimenate some of the evidence they already have submitted to you, call into question their standing to bring suit if possible. Hard to give you precise direction without seeing all the documents. Not saying you need to post them, just noting the advice is general in nature.

Based on your current knowledge what strategy are you trying to use to win or make them dismiss?

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MTC's can be tricky strategically.  Think about it, you are making a motion telling them the documents they have provided you are crap, so go get some good evidence, the kind of evidence you'll need to beat me.  That'll show em!  Believe me I understand the desire to make those scum bags work a little harder, but do you really want to help them build the case against you.

 

The question you need to answer is if you think they've given you all they have already or are they holding back.  I would think an MTC only makes sense if you think they are holding back. 

 

Good Luck!

 

rt

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If this were my case I would send som Requests for Admissions or Interrogatorries around the documents you already have. Trying to elimenate some of the evidence they already have submitted to you, call into question their standing to bring suit if possible. Hard to give you precise direction without seeing all the documents. Not saying you need to post them, just noting the advice is general in nature.

Based on your current knowledge what strategy are you trying to use to win or make them dismiss?

 

 

Thank you both Skippy and rt for your response.

 

Attached below is the Interrogatorries and RFP of docs that I originally sent them. Are you suggesting that I should send another one instead of a Meet and Confer letter or a BOP? According to my understanding of what I've read here, this is an account stated and because of that, BOP is not appropriate? The original cause of action is Common Counts. If that's the case, I'm not sure what the difference is between doing either a M&C letter or another set of RFPs if I am going to help the lawyers strengthen their case. I certainly don't want to do that.

 

 

sUPERIOR COURT OF THE STATE OF cALIFORNIA

 FOR THE COUNTY OF lOS ANGELES

 

IN THE MATTER OF:                                        )

                                                                              )

      aSSET ACCEPTANCE, LLC                      )                       Case # 12C00898

                                                                              )

                              PLAiNTIFF,                           )                       Interrogatories and request    

                                                                              )                       for production of documents

                  vs.                                                        )                       DIRECTED TO ASSET ACCEPTANCE,

                                                                              )                       LLC.

                                                        )                      

                                                                              )                      

                              dEFENDANT.                       )                      

 

PLEASE TAKE NOTICE THAT Defendant , pursuant to California Code of Civil Procedure §§§ 2030.010, 2031.010 and 2031.210 et seq., requests Plaintiff, ASSET ACCEPTANCE, LLC to respond separately, under oath and in writing, to each and every category of interrogatories and documents set forth herein, within thirty (30) days of service of this request.

PLEASE TAKE NOTICE THAT, within thirty (30) days of service of this request, Plaintiff is directed to produce for inspection and coping of the same, all the documents and materials described below which are in Plaintiff’s possession, custody, and/or controls to

 

DEFINITIONS

The following definitions are to be used in responding to the following requests.

  1. “PLAINTIFF,” or “YOU” means ASSET ACCEPTANCE, LLC, or any agent, employee, officer,

director, or any other person acting on its behalf.

  1. “YOUR” or “YOURSELF” means ASSET ACCEPTANCE LLC, your agents, your employees, your

attorneys, your accountants, your investigators, and anyone else acting on your behalf.

  1. “PERSON” or “ENTITY” means any natural person, firm, corporation, partnership, proprietorship,

joint venture, organization, group of natural person, or other association separately identifiable, whether or not such association has a separate juristic existence in its own right.

  1.  “DEFENDANT” means , an individual.
  2. “DOCUMENT” means a writing, as defined in Evidence Code § 250, and includes the original or a

copy of handwriting, type-writing, printing, photographing, and every other means of recording upon tangible thing and form of communicating or representation, including letters, words, pictures, sounds or symbols, or combinations of them, and includes, but it is not limited to, contracts, agreements, records, memoranda, notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports.

  1. “ADDRESS” means the street address, including, the city, state, and zip code.
  2. “FULLY IDENTIFY” means in relation to persons to state the full name, telephone number and last

known address, including city, state and zip code; in relations to documents, “FULLY IDENTIFY” means to provide the name of the document, date of the document, and the type of document.

  1. “POSSESSION, CUSTODY or CONTROL” includes the joint or several possession, custody or

control not only by the person to whom these requests are addressed, but also the joint or several possession, custody or control by each or any other person or entity acting or purporting to act on behalf of the person, whether as employee, attorney, accountant, agent, sponsor, spokesman or otherwise.

  1.  “CREDIT APPLICATION” means the Original Signed Application bearing DEFENDANT’s

signature for any contract between Plaintiff and Defendant or Defendant and Plaintiff’s Assignor, CITIBANK.

  1. Throughout these interrogatory and discovery requests, language should be read in light of the

context in which it is used. Consequently, the singular includes the plural and the plural includes the singular, where appropriate. Furthermore, the masculine is intended to also refer to the feminine, where appropriate and vice versa.

INSTRUCTIONS

  1. These interrogatories are continuing and require you to provide supplemental answers which set

forth any information within the scope of the interrogatories acquired or discovery by you following the service of your answers.

  1. If your answer to any interrogatory or sub-part thereof is “N/A, Not Applicable or Unknown”

describe in detail the reason(s) for making such a reply. Furthermore, in reply to any interrogatory or sub-part thereof, do not merely state “see attached records” unless you have no additional memory of the matters referred to in the specific interrogatory or sub-part thereof.

  1. If you have any additional memory of the matters referred to, please describe in detail.
  2. To the extent that any portion of your answer to any interrogatory or sub-part pertains to particular

documents or persons with knowledge identified in your answer, clearly identify to which documents or persons with knowledge that portion of your answer pertains.

  1. The documents produced must be originals and not xerographic reproductions unless good cause can

be shown why originals could not be produced, and you stipulate that any copies produced are complete and accurate reproductions of any originals and that such copies can be used for any purpose, including at trial, as and in place of such originals.

  1. If any claim of privilege is asserted with respect to any interrogatory or document responsive to any

of the request herein, fully identify each such document by stating the following information with respect to each such document:

  1. The description of the subject matter of such document with sufficient particularity to enable the same to be identified;
  2. The dates of preparation and sending of the documents and the date, if any, appearing on such document as the date thereof;
  3. The identity of each person who signed, prepared or sent the document, including his or her full name, his or her present or last known address and telephone number, his or her employer’s name, and his or her position of employment, including titles of employment;
  4. The identity of each person who originated, circulated or published such document, or on whose behalf such document was signed by the signer on behalf of a person other than the signer;
  5. The name and address of each person who was an addressee thereof, or to whom such document was sent; and
  6. The identity of each person having custody of such document or any carbon, reproduction or facsimile thereof.
  7. The Privileged claim.
  1. If any document responsive to any of the requests therein has been destroyed, discarded or lost,

separately identify each such document by stating the following information with respect thereto:

  1. The title and description of the subject matter of each document;
  2. The date, or approximate date, of the preparation and, if applicable, the sending of such documents;
  3. The identity of the person who destroyed, discarded or lost such document;
  4. The date, or approximate date, such document was destroyed, discarded or lost;
  5. A description of the circumstances under which such document was destroyed, discarded or lost;
  6. The identity, if known, of each person who originated, circulated, published or received such document; and
  7. The identity of each person known or believed to have a copy of all or any portion of such document.

INTERROGATORIES

INTERROGATORY NUMBER 1

            Fully identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the PLAINTIFF’s organization.

INTERROGATORY NUMBER 2

            Identify all person(s) known to you who have knowledge of facts relevant to this case, including but not limited to all person(s) interviewed by you, by your counsel, or by any person cooperating with you in defense of this action, and state the subject matter of testimony for each person you may call as a witness to this case.

INTERROGATORY NUMBER 3

            Identify the relationship between you and PLAINTIFF’s Assignor, CITIBANK, with regards to the legal relation with one another, revenue sharing, and contractual agreements.

INTERROGATORY NUMBER 4

            Identify all documents or other tangible evidence that support your contention that DEFENDANT, for valuable consideration received, entered into a contract promising to pay PLAINTIFF or PLAINTIFF’s Assignor, CITIBANK.

INTERROGATORY NUMBER 5

            Identify all witnesses with evidence in support of your contention that DEFENDANT, for valuable consideration received, entered into a contract promising to pay PLAINTIFF or PLAINTIFF’s Assignor, CITIBANK.

INTERROGATORY NUMBER 6

            In regards to the contract or agreement alleged in this action, please state the following:

  1. Terms of the contract or agreement
  2. Credit limit or amount financed in the alleged contract or agreement
  3. Date and monetary value of any credit transactions alleged to be executed on the contract or agreement
  4. Date and monetary value of any valuable consideration received on the contract or agreement
  5. Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

INTERROGATORY NUMBER 7

            If the alleged subject of this action is a contract or agreement originating between DEFENDANT and a party not subject to this action, state the following:

  1. Creditor name
  2. Creditor address
  3. Creditor account or reference number for the subject of this action
  4. State all facts in support of your contention that the alleged contract or agreement was transferred or assigned legally to PLAINTIFF
  5. Identify all witness(es) with evidence in support of your contention that the alleged contract or agreement was transferred or assigned legally to PLAINTIFF
  6. Identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned legally to PLAINTIFF.

INTERROGATORY NUMBER 8

            For each person who has had any involvement in any manner in any efforts on your behalf to collect or attempt to collect on the alleged debt purportedly owing by DEFENDANT, state his/her name, position, work address and phone numbers, and the nature and purpose of his/her involvement.

INTERROGATORY NUMBER 9

            Identify all relevant documents, related to, or reflecting any aspect of any efforts undertaken by you to collect the alleged debt from DEFENDANT.

INTERROGATORY NUMBER 10

            State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by PLAINTIFF.

DOCUMENTS TO BE PRODUCED

REQUEST NUMBER 1

            Any and all documents evidencing any communication between PLAINTIFF and DEFENDANT in connection with the Agreement described in PLAINTIFF’S Summons, including letters and correspondence.

REQUEST NUMBER 2

            The alleged Credit Application from PLAINTIFF’s Assignor, CITIBANK with account number XXXXXXXXXXXX2929 bearing DEFENDANT’S signature and date of signature;

REQUEST NUMBER 3

            The alleged Credit Application from PLAINTIFF’s Assignor, CITIBANK with account number that states interest rate, grace period, terms of repayment, et cetera;

REQUEST NUMBER 4

            Itemized statements of all payments and charges made and authorized, including but not limited to statements showing the last payment made on the alleged debt from account number.

REQUEST NUMBER 5

Itemized statements or credit card statements from account number demonstrating how the alleged amount of $7,432.67 was calculated;

REQUEST NUMBER 6

            Itemized statements demonstrating how the interest on the alleged damages should be calculated at the rate of 10.00% percent per year from February 26, 2010;

REQUEST NUMBER 7

            A contract, agreement, assignment, bill of sale, or other means between PLAINTIFF’s Assignor, CITIBANK and PLAINTIFF demonstrating that PLAINTIFF has the authority and capacity, and was legally entitled to collect the alleged amount of $7,432.67 on the alleged debt from account number REQUEST NUMBER 8

            Letters, along with Certified Mail slips, sent by PLAINTIFF to DEFENDANT, demonstrating attempts to collect on the alleged debt, account number.

REQUEST NUMBER 9

            A notarized statement, if presently existing or otherwise, by PLAINTIFF’s Assignor, CITIBANK or by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

REQUEST NUMBER 10

            Any and all further documents that you believe establish that DEFENDANT had an outstanding account or debt related to account number;

REQUEST NUMBER 11

            Any further documentation, beyond what has been previously requested, that clearly establishes DEFENDANT’s liability and/or responsibility to the alleged debt;

REQUEST NUMBER 12

Any and all communications from PLAINTIFF and/or PLAINTIFF’s attorney to the DEFENDANT explaining why PLAINTIFF and/or PLAINTIFF’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

REQUEST NUMBER 13

Any and all credit report(s) PLAINTIFF and/or PLAINTIFF’s attorney obtained from any credit reporting agency concerning the DEFENDANT;

REQUEST NUMBER 14

Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the DEFFENDANT and/or account number.

 

DATED this 5th of July, 2012

 

 

Their response which they dated on 8/6/12 is as follows:

 

Preliminary Statement

 

1. This responding party has not fully completed preparation for trial. As investigation and preparation proceed, documents and other evidence may be discovered which are not identified herein, but which may be responsive to a request. Documents and other evidence now known may be imperfectly understood, or relevance or consequences of such documents and other evidence may in good faith not be included in the following responses. The following responses are given without prejudice to the responding party's right to produce any such newly discovered documents and other evidence, nothwithstanding the absence of reference to such document or other evidence in these responses.

2. This responding party specifically reserves the right to supplement or amend these responses or present additional facts and contentions at a later date.

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continued:

 

3. This responding party objects to all discovery requests to the extent that they request information protected by the attorney-client and/or attorney work product privileges, or by way of any other applicable privilege, and responses to any such discovery shall not be deemed a waiver thereof.

4. Without waiving any of these objections, this responding party will respond to the request for production in accordance with the applicable law and with this responding party's understanding of the fair meaning of the request for production.

RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

RESPONSE TO DEMAND NO.1:

Plaintiff objects to this demand to the extent that it is vague, ambiguous, and overly broad. Plaintiff further objects as many of the documents sought are equally available to, or are already within the possession of the defendant. Without waiving these objections, and subject thereto, plaintiff responds as follows: Attached hereto as EXHIBIT A are non-privileged documents responsive to this request. The inability to comply in whole is because the requested item has never existed, has been destroyed, had been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of Plaintiff. Plaintiff has no other documents iin its immediate possession, custody, or control. Plaintiff has requested further documents from it assignor. Investigation and discovery continue. Plaintiff reserves the right to supplement its response to the extent that it locates non-privileged documents responsive to this request. To the best of plaintiff's knowledge and belief the persons or organizations that may have possession, custody or control of responsive documents to this request are defendant and/or plaintiff's predecessor-in-interest, CITIBANK (SOUTH DAKOTA), ND, 701 EAST 60th STREET NORTH, SIOUX FALLS, SD  57117.

 

This verbiage is copied word for word as a response to all of my demands.

 

EXHIBIT A - Affidavit of Account signed by an employee of AA stating she has knowledge of the the alledged account

Letters that they supposedly sent me (via regular mail) of an attempt to collect a debt)

A communication letter that shows the alledged account information and purchase date, charge off balance, statutory interest rate and supposedly the last day of payment (which is 7/7/2008)

Bill of Sale, Assignment and Assumption Agreement signed by VP & CFO of Citi and SVP of AA, although it doesn't show what was purchased.

Two cc statements, although it doesn't look authenticate

Card Agreement (not application)

 

PLAINTIFF'S RESPONSE TO DEFENDANT'S SPECIAL INTERROGATORIES, SET NO. ONE

PRELIMINARY STATEMENT

1. This responding party has not completed either discovery or preparation for the tiral for this matter. Further, this responding party has not yet completed a review and analysis of documetns thus far gathered in the course of investigation and discovery. Accordingly, these responses are mad without prejudice to this responding party's right to present additional facts or contentions at trial based on information hereafter obtained and evaluated and are subject to such qualification, modificationi, or other substantive change as further discovery and investigation may indicate is necessary.

2. This responding party specifically reserves the right to supplement or amend these responses or present additonal facts and contentions at a later date.

3. These responses are based on this responding party's present knowledge, which is based on this responding party's recollection.

4. This responding party objects to all discovery requests to the extent that they request information protected by the attorney-client and/or the attorney work product priviledges, or by way of any other applicable privilege, and responses to any such discovery shall not be deemed a waiver thereof.

5. Plaintiff objects to DEFINITIONS and INSTRUCTIONS on the ground that they convert each and every request into a compound, ambiguous and uncertain request that requires multiple cross-referencing. Therefore each request contains multiple unstated sub-parts and is not full and complete in and of itself. Without waiving the foregoing, plaintiff will respond to the individual requests according to normal English usage.

6. Plaintiff objects to defendant's first set of special interrogatories in their entirety on the basis that they have not been timely propounded as required by CCP 2024.020(a), which requires that all discovery be completed "on or before the 30th day,...before the date initially set for the trial of the action." As tihs case was previously set for trial on March 21, 2008, the defendants' first set of form interrogatories are untimely under the provisions of CCP 2024.020(a).

PREFATORY OBJECTIONS

1. Plaintiff objects to the entire set of interrogatories on the grounds that each interrogatory must be 'separately set forth' and 'full and complete in and of itself' See CCCP 2030.060©-(d)

RESPONSE TO SPECIAL INTERROGATORIES 1

  name of attorney

RESPONSE TO SPECIAL INTERROGATORIES 2

name of custodian

RESPONSE TO SPECIAL INTERROGATORIES 3

Plaintiff objects to this demand to the extent that is vague, ambiguous, uncertain, confidential, privileged, proprietary and irrelevant. Plaintiff further objects to this request on the grounds that the question seeks information beyond the permissible scope of discovery, that it is not relevant to the subject matter, and that is it likely to lead to the discovery of admissible evidence. Without waiving the above objections, Plaintiff responds as follows: Plaintiff is the legal assignee of Defendant's credit account from original creditor Citibank and possesses all rights and authority to collect on Defendant's debt.

RESPONSE TO SPECIAL INTERROGATORIES 4

same wording as above 3; Plaintiff responds as follows: Defendant applied and was approved for a credit account with Citi. Defendant agreed to the terms and conditions of the credit agreement, which specified the payment terms and late fees and finance charges that would be assessed.

RESPONSE TO SPECIAL INTERROGATORIES 5

another name of an AA employee

RESPONSE TO SPECIAL INTERROGATORIES 6

A) Per card agreement, Defendant agreed to pay the original creditor for all amounts due on the account, which included principal balance due plus any late fees, finance charges, transaction fees, interest rates on the APR. The agreement became binidng on Defendant unless Defendant cancelled the account within 30 days after receiving the credit card. Defendant did not cancel the account.

B) total credit limit: $6500

C) Plaintiff objects to this interrogatory on the grounds that it is overbroad, vague and ambiguous. Nothwithstanding such objections, Plaintiff responds as follows: Plaintiff is unable to respond to this request. Discovery continues and Plaintiff reserves the right to amend this response.

D) same wording as above C)

E) same wording as above C)

RESPONSE TO SPECIAL INTERROGATORIES 7

A) Citi

B) address and phone number of Citi HQ

C) account number

D) On or about February 24, 2010, Citi sold, for value received, transferred, sold, assigned, conveyed, granted bargained, set over and delivered to AA, LLC, a portfolio of accounts, including Defendant's

E) name of ligitation manager for AA

F) Bill of Sale, assignment and assumption of agreement

RESPONSE TO SPECIAL INTERROGATORIES 8

Plaintiff objects to this deman to the extent that is is vague, ambiguous, uncertain, harassing, annoying, oppressive, unduly burdensome, confidential, priviledged, proprietary and irrelevant. Plaintiff further objects to this request on the grounds that the question seeks information beyond the permissible scope of discovery, that it is not relevant to the subject matter, and that it is not likely to lead to the discovery of admissible evidence.

RESPONSE TO SPECIAL INTERROGATORIES 9

Initial demand letter regarding past due amount was sent to Defendant in or about December 2011. A notice of intent to sue letter was sent to Defendant on or about February 13, 2012. (I NEVER received anything from them...)

RESPONSE TO SPECIAL INTERROGATORIES 10

same word as in response to special interrogatories 8

 

I don't know what my strategy is anymore, perhaps disprove their lack of standing? I'm in WAY over my head and just feel like crying...I hate to sound so pathetic and defeated, but do I even have a fighting chance anymore???

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Pega,

Don't take this personally, I am writing this to help others that may read your thread. But when you lurk around the board and don't post and keep up with your case, you find yourself in this situation. Not sure and not knowing what the next steps will be. Feeling defeated. The best result is to post and read often, this all looks easy when you are reading what others are writing, but it is not so easy when the rubber meets the road.

The good news is you have been to court, stood in front of the judge and moved the trial date. This is not neccessarily an easy task either, that means you have some moxy. It also means you are still in the game.

Look for a PM and lets see if we can get you back on track...

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Skippy,

 

Thank you for taking the time to respond. I don't take what you said personally; I know this is my fault for not being on top of things so I appreciate any and all feedback and assistance I can get here.

 

Look for a PM and lets see if we can get you back on track...

 

Thanks for your advice, but I'm not sure what you mean by a PM? Can you please clarify what that stands for?

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