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Gurstel Chargo Summons/Complaint says one thing.. Request for admissions and rule 26.1 say another???


Bob32AZ
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I am being sued by them on an account I have never heard of...This supposedly started with a bank called U.S. Bank NR DA.  I have never heard of them.  The Summons clearly states this is for a credit card debt but gives no other information. No account number and so on.  Again I know nothing about this or the bank in question.

 

I received interrogatories, request for admissions and rule 26.1 documents from Chargo just today.  I have read them over and still not much information.  However in both the rule 26.1 and the request for admissions they state the money was used to finance or lease a vehicle.  There is nothing about this being a credit card???  They even ask me to admit I Leased /Financed a vehicle...

 

I can not figure out why they are coming after me.  I have never leased a vehicle in my life.  I only financed one car in my life.  That was over 25 years ago.  In the last 15 years I have owned 4 vehicles.  I paid cash for all 4.  I have never co-signed for anyone on any loan ever in my life.  I have never been married, nor lived with anyone, nor shared a bank account.

 

So what now?

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Make sure you answer the summons, do not let them get a default on you for failure to answer. You should have maybe 20 days to answer, check this board for correct responses to each question. It would help if you redact your personal info and post the info you received. We can better help you then. Sounds like they have faulty skip tracing and have you mixed up, that, or ID fraud. Mainly you will answer the summons and tell them that you have never had such an account, nor are you the person they are looking for. Bruno, BV80. Sea dragon and others more familiar with you type of situation. Can't forget Gunny or Calawyer. They are both attorneys and will also be of great help to you. Don't jump into anything until you hear from one of them.

 

Good luck, hope it all works out for you.

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I did answer the complaint/Summons. The response was done for me by an attorney but I filled representing myself.  It was set for mediation.  They missed mediation.  I did my 26.1 ( saying I know nothing and have nothing got the wording off the forum).  They filled a motion to re-set Mediation saying the attorney forgot to look at his calender and call in.  I filled an objection to their motion.  I filled a motion for sanctions and fee's, I also filled a motion to dismiss.  They served me with a request for admissions, their 26.1 and special interrogatories.  In their documents they are asking me for a copy of the contract, payment history everything.  I have nothing because I do not have a clue about what the... this account is.

 

The only supporting documents they have supplied are a total of two pages.  Both are bills of sale showing that the accounts on a list were sold from part a to party b and party b sold to party c.  But the documents do not include the list of accounts.  So I have not seen anything with my name on it.

 

I will respond to their interrogatories and request etc., an I have a general objection response to use that basically says:

 

 

Defendants object to the following requests that are vague, overly broad, unduly burdensome, oppressive, and unreasonable in seeking irrelevant information not reasonably calculated to lead to the discovery of admissible evidence.  They object to the requests to the extent that they request information previously disclosed.  They object to the following requests for information or documents that are privileged pursuant to the attorney-client privilege, work-product, or otherwise.  Defendants object to the following requests that seek confidential and/or private information and information shielded from disclosure by federal or state law.

Defendants’ responses herein are based upon information currently available to them and their counsel.  This case, discovery, investigation, preparation and otherwise are ongoing and Defendants therefore provide their responses and objections without prejudice and subject to their right to supplement and revise them and to further supplement and revise without limitation.

Defendants object to the “Instructions for Answering Requests for Admissions” attached to the request that seek to impose duties on them that are not required or authorized by the Arizona Rules of Civil Procedure and will only respond in concord with those Rules and applicable law.

Defendants’ objections apply to each of their following responses to each of the following interrogatories and are ongoing and shall not be waived or limited by any of the subsequent answers.

 

Figured out how to post their only exhibit.  These are it the  two pages.

PLAINTIFFSExibetB_Page_2.jpg

 

PLAINTIFFSExibetB_Page_1.jpg

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If you never had a lease agreement nor have defaulted on a credit card, medical bill, or other consumer credit account of any kind then this lawsuit reeks of fraud.  If you haven't done so, you should be immediately be filing a complaint with your State Attorney General, State Bar Association, better business bureau, and I would place a call to the local office of the FBI for their recommendations. 

 

I would also suggest obtaining credit reports from the three CRA's and see what other damage has been done to you. If the Plaintiff and their attorney's are at all legit and have assets your going to have any number of opportunities to be compensated. This could be a very nice Christmas present. 

 

Sounds like you have filed an Answer and you should reply to any of their discovery and admissions requests preventing default. 1st steps meet and confer is a great recommendation.  Your motion to dismiss with sanctions and recovery of fee's should get their attention. Don't let these guys get away with this kind of malarkey. It's what the consumer protection associations and the FTA are trying to prevent. Play hard ball. Stay in touch with the Court Clerk daily to make sure there is no other underhanded activities going on you haven't been copied on. 

 

HP

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