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Answers to Discovery by JDB- Need Help Please!


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I am getting ready to mail my answers to JDB's Discovery (PRA) to their counsel Hunt& Henriques.

Questions:

1.  Verified, Signed and Dated - Does "verified" means it has to be notarized?

2.  Handwritten Answers OK on space provided?

3.  Discovery served/mailed to me on 11/19/12 - their letter says due 12/24/12 --so I am OK if I mail this tomorrow 12/19/12 via Certified Mail?

 

Thank you all for your help.

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I am getting ready to mail my answers to JDB's Discovery (PRA) to their counsel Hunt& Henriques.

Questions:

1.  Verified, Signed and Dated - Does "verified" means it has to be notarized?

2.  Handwritten Answers OK on space provided?

3.  Discovery served/mailed to me on 11/19/12 - their letter says due 12/24/12 --so I am OK if I mail this tomorrow 12/19/12 via Certified Mail?

 

Thank you all for your help.

 

1. Verified means it was sworn to under penalty of perjury.

 

2. Hand written is allowed but not professional and I would advise against it.

 

3. Yes. Holidays are taken into consideration. I am not in California but someone can confirm, I think somebody other than you has to mail it per CA rules.

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Thank you Flyerfan, appreciate your time.

 

My apologies for being a little slow..let me get some clarification:

1.  Verified -"sworn under penalty of perjury" ---so it has to be under oath with a Notary?

2.  Typewritten - Can I re-type their questions then my answers?  I do not have a typewriter to type on their original copies.

     If I retype - I will follow their spacings -as I figure these are formats allowed by the court?

 

CONTENT QUESTION:  I am denying all their Admission questions and interrogatories based on this fact:

- their Discovery questions refer to FIA Card services as OC.  However, I was given Bank of America Statements on my Demand for BoParticulars.  I am now dealing with 3 account numbers for this lawsuit - PRA, FIA, and BofAmerica.  NO copy of contract or assignment given.  DISCOVERY questions all point to FIA Card Services aas OC ---Since I had it with BoA, I will DENY all their statements.

 

Comments please?

 

THank you Flyerfan ---and to all of you folks who contribute your time, experiences, and advice in this forum.  After reading the JDB business - in particular PRA, I am more determined than ever to stand up and not give up...and thank you in advance for all your help --- trial date is 2/11/13.

 

Thanks again 

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Notarized is good, but you can just sign your name under the statement something like, "these statements are true and correct to the best of my knowledge" and date it.  

 

You can retype their questions and your answer.  Actually you don't have to retype the questions, you can refer to them by number, but it's good for anyone reading your answers to have the questions there.  You don't have to follow legal format, but it certainly looks polished if you do.  

 

FIA is Bank of America's collections arm.  What do you mean the Discovery questions point to FIA?  How so?  Can you give an example?  I would concentrate more on the chain of custody to PRA.  

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"3 account numbers" account numbers change all the time,dont waste your time with that.
"Typewritten - Can I re-type their questions then my answers?"
Make your header just like they made it on the complaint,then copy and paste the questions and answers in to wordpad,then print.
http://california-discovery-law.com/
http://www.creditinfocenter.com/community/topic/315906-case-against-jdb-in-california-am-i-on-the-right-track/

IN THE DISTRICT COURT OF [iNSERT YOUR COUNTY] COUNTY
STATE OF CALIFORNIA
[iNSERT PLAINTIFF'S NAME HERE],
Plaintiff,
Case No. [iNSERT CASE NO. HERE]
[iNSERT YOUR NAME HERE],
Defendant.
DEFENDANT'S ANSWER TO PLAINTIFF'S REQUESTS FOR ADMISSIONS,
INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS
[Plaintiff's Attorney's Name]
[Address Line I]
[Address Line II]
COMES NOW the Defendant and hereby answers Plaintiff's Requests for Admissions,
Interrogatories, and Request for Production of Documents as follows:

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"I am denying all their Admission questions"

this one will be ok,

For interrogatories this one will not,

They will be deemed admitted and you may be sanctioned and will lose.

You will need to answer the interrogatories with out helping plaintiff prove their case.

 

The reasons you can object to interrogatories. In most jurisdictions, the answering party can object to interrogatories on form, claims of privilege, or claims of work product. You can object to interrogatories that are argumentative, repetitive, burdensome or overbroad, equally available (the answer is already or should already be available to the propounding party), irrelevant, or object to interrogatories based on claims of attorney-client privilege or work-product. You can also object to special interrogatories in excess of the 35-question limit.

To raise an objection to interrogatories due to relevance, you can respond with, "Objection. This interrogatory seeks information that is irrelevant to the matter and is not reasonably calculated to lead to the discovery of admissible evidence."



 

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Dear Big Sister, racecar, ASTMedic,

 

Thank you, thank you, thank you!

After reading your inputs, it dawned on me I was nowhere close to a winning answer (nor do I know what I am talking about!)  With my deadline to mail tomorrow 12/19? - I started to get butterflies in my stomach since I feel I have lost my footing! I have been following along some of your postings and I  hope you could help me get this squared out...THANK YOU!

 

On paper, here is how it looks like:  (if I sign my signature on designated space below - this would be acceptable as "verified" - State of CA?)

 

Verification: "I declare under penalty of perjury under the laws of the State of California that the foregoing  answers are true and correct."

Dated:________    Signature:___________

 

Facts of my Case

1.  Sued by PRA, counsel H&H - 11.9K, Complaint -no account number indicated.  (Open book account, thus I served Bill of Particulars).

2.  No DV - No letter from H&H prior to lawsuit.  But had several phone conversations with PRA; reported them to FTC for harrassment.  

3.  Filed Answer -General Denial with "laundry list of Affirmative Defenses" 

4.  Served Demand for Bill of Particulars.  Received Bank of America statements account #xxx1.  No contracts provided.

5.  PRA/Counsel served Discoveries 11/19/12. (they noted 12/24/12 as deadline). OC account referred to is FIA Card account #xxx2, now PRA xxx3

6.  I served "Request for Admissions"  to PRA/Counsel(I copied one of the member's postings on this subject).  No Interrogatories or POD were served, not sure if I can still do that - trial is set 2/11/2013.

7.  Settlement offer due 12/19 from H&H (non-attorney staff) $6178.62 from balance 12,357.23 - this differs from amount on Complaint.   (I have nothing to offer; husband still looking for a job)

 

Note that CC was with BoA account xxx1, so I was thinking I could DENY Admissions as follow, since they refer to account xxx2 FIA as the OC.  (Answer:  DENY...or should I say:  "Defendant expressly denies.  Insufficient information has been provided to admit or deny.")

 

1.  (My name) had a credit card account xxx3, previously xxx2, issued to you by PRA, LLC predecessor in intrest FIA Card Services, N.A.

2.  PRA, LLC predecessor in intrest FIA Card Services, NA, sent Defendant monthly statements regarding credit account number xxx3, previously xxx2, issued to you by PRA, LLC predecessor in intrest FIA Card Services, NA

3.  As of on or about Oct 4, 20112, the balance owed by Defendant on credit account number xxx3, previously xxx2, was $11,928.23

4.  Defendant has not made any payments on credit account number xxx3, previously xxx2, issued to you by PRA, LLC, predecessor in intrest FIA Card Services, NA since October 4, 2012.

 

INTERROGATORIES, I would respond as follow (except items with asterisk...thanks racecar for input my apologies I was not ver y specific earlier..):

"After conducting a reasonable and good faith inquiry, respondent lacks sufficient personal knowledge to respond."

 

1.  Did you submit a request for a credit account to PRA, LLC predecessor in intrest FIA Card Services, NA?

2.  Did PRA LLC predecessor in intrest FIA Card services, NA issue a credit account in your name?

3.  State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to you by PRA, predecessor in intrest FIA Card services, NA account number xxx3, previously xxx2.

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

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

6.  Did you use THE CREDIT ACCOUNT PRA LLC predecessor in inrest FIA Card Services NA issued you?

7.  IS $11,928.23 the amount set forth in the complaint in this case as the sum owed as of Oct 4, 2012, your balance due as of that date on THE CREDIT ACCOUNT?

8.  If you do not agree that $11,928.23, the amount set forth in the complaint in this case as the sum owed, is your balance due as of that date on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of $11,928/23 is your balance due as of that date on THE CREDIT ACCOUNT.

9.  Did you ever report to PRA, LLC (for the purposes of these interrogatories, PRA, LLC shall mean and refer to PRA, LLC and/or its predecessor FIA Card Services, NA, and/or anycollection agent or agency purporting to represent PRA, LLC as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen?

10.  Did you ever report in writing to PRA, LLC or its predecessor in intrest FIA Card Services, NA that there was any problem with THE CREDIT ACCOUNT, which problem remains unresolved?

11.  Did you receive monthly statements from PRA, LLC predecessor in intrest FIA Card Services, NA regarding THE CREDIT ACCOUNT?

12.  State the approximate date of your last payment on THE CREDIT ACCOUNT.

13.  Have you ever corresponded with PRA, LLC or its predecessor in intrest FIA Card Services, NA in writing regarding THE CREDIT ACCOUNT?

14.*  State all facts upon which you base your denial of the complaint in this action.

         Defendant is still in DISCOVERy; will supply Plaintiff when information becomes available.

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

         Defendant is still in DISCOVERY; will supply Plaintiff when information becomes available.

 

PRODUCTION OF DOCUMENTS: 

My response would be: (copied from one of the member's postings):

"Defendant is unaware of any such documents and therefore cannot produce said documents.  Also, after diligent search, Defendant does not have any of the materials requested.  Defendant will amend as necessary and make Plaintiff aware if after discovery, the information is available".

 

Plaintiff PRA, LLC demands that you produce and permit the inspection and copying, pursuant to 2031.010 et, seq, of the Code of Civil Procedure, of the following documents:

1.  All correspondence, whether original or copies, sent by you to Plaintiff PRA, and/or its predecessor in intrest FIA Card Sevices NA, and/or to any collection agent or agency purporting to act on behalf of PRA, LLC within the past 5 years regarding any problem with your credit account number xxx3, previously xxx2, issued to you by PRA, LLC predecessor in intrest FIA Card Services NA.

(I had communicated to them by fax regarding my intent to file a motion to preclude evidence if they do not respond to BoP on time - does this fall under this question?)

 

2.  All correspondence, whether original or copies, sent to you by Plaintiff PRA and or its predecessor in intrest FIA Card and/or by any collection agent or agency purporting to act on behalf of PRA, LLC within the past 5 years regarding any problem with your credit account number xxx3, previously xxx2, issued to you by PRA, LLC predecessor in intrest FIA Card

 

(Should I send PRA collection letter- and one from FIA?)

 

3,  Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your credit account number xxx3, previously xxx2, issued to you by PA, or its predecessor FIA (If you cannot find a copy of the last payment, send a copy of the last payment that you are able to locate).

 

Plaintiff demands that the above-listed items be produced on Dec 24, 202 at 10:00AM at the law offices of H&H....for the purposes of inspection and copying.  You may comply with this demand by mailing the documents to the date set for production.

NOTE:  You are also required to serve a written response to this demand which response must be under oath and signed by the person making them and be served on Plaintiff within 30 days after service of this demand.  (What does this mean- 30 days would be from 11/19/12 thru 12/19/12 - is that correct?  I thought they gave me 12/24/12 deadline - what does written response cover?).

 

The End....

 

I thank you all in advance for HELPING ME...urgently...

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