NotaLawyer

PRODUCTION OF DOCS - Input please for CALIFORNIA

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Good afternoon all -

 

I realize that we are in the midst of the holidays, but was really looking for some input on the production of docs I intend to serve upon a Junk Debt Buyer (Plaintiff) here in CA.

 

I already have served a Bill of Particulars - with limited response (which I intend to motion a strike of evidence submitted).  And I already have my Special Interrogatories and Request for Admissions prepared and ready to go.  Just wasn't super confident about my prod. of docs.

 

So, if you would be so kind as to review what I have and let me know what you think - it would be greatly appreciated!

 

NOTE:  BG Info - I really am wanting to focus on legal standing and lack of contract.  JDB has already used improper account # (not mine) in verification letter (and failed to identify any account # in actual complaint) - though JDB sent some stmts on my acct as an improper response to the BofP...

 

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PRODUCTION OF DOCUMENTS REQUEST NO. 1:
Provide any and all documentation relating to the terms and conditions of the underlying credit card contract including but not limited to; proof of the alleged credit application agreed upon by the DEFENDANT bearing the DEFENDANT’S signature, proof of each element of the alleged contract, proof of each element of a material breach, and proof of each element of damages and mitigation of damages.
 
PRODUCTION OF DOCUMENTS REQUEST NO. 2:
Provide any and all documentation, proving a complete and unbroken chain of title of the asset sale of the alleged debt owed by the Defendant from the original creditor to the initial purchaser and between the original purchaser and each subsequent assignee. 
 
PRODUCTION OF DOCUMENTS REQUEST NO. 3:
Provide any and all documentation relating to the forward flow agreements (or documents of similar intent) including any and all disclaimers, warranties or representations as to the validity or accuracy of the account sold between the original creditor and the initial purchaser and between the original purchaser and each subsequent assignee.
 
PRODUCTION OF DOCUMENTS REQUEST NO. 4:
Provide any and all documentation of all charges and payments showing how the payments were allocated (interest, principal, and late fees).
 
PRODUCTION OF DOCUMENTS REQUEST NO. 5:
Provide any and all documentation proving “Account Stated” as a cause of action which include proof of prior transactions that established a debtor-creditor relationship between the PLAINTIFF and the DEFENDANT, an express or implied agreement between the PLAINTIFF and the DEFENDANT as to the alleged amount due, and an expressed or implied promise from the DEFENDANT to pay the alleged amount due.
 
PRODUCTION OF DOCUMENTS REQUEST NO. 6:
Provide any and all documentation, which support your responses to the request for admissions and interrogatories which were propounded concurrently herewith.
 

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I am afraid you will be disappointed in 30 days with what you recieve back. The more specific you can be the better, using the "any and all" will only get you an Objection as overly burdensome and oppressiive.

Not know exactly what you are looking for or what you have recieved via your BOP, consider the change to number 4 below:

PRODUCTION OF DOCUMENTS REQUEST NO. 4:

Provide any and all documentation of all charges and payments showing how the payments were allocated (interest, principal, and late fees).

This might be better-

Provide monthly account statements for all charges, payments, interest and late fees from date begining (enter date) through alleged date of default (enter date)

Now they know exactly what you are requesting. I would review and make changes to the others and try to follow this guideline.

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I am afraid you will be disappointed in 30 days with what you recieve back. The more specific you can be the better, using the "any and all" will only get you an Objection as overly burdensome and oppressiive.

Not know exactly what you are looking for or what you have recieved via your BOP, consider the change to number 4 below:

PRODUCTION OF DOCUMENTS REQUEST NO. 4:

Provide any and all documentation of all charges and payments showing how the payments were allocated (interest, principal, and late fees).

This might be better-

Provide monthly account statements for all charges, payments, interest and late fees from date begining (enter date) through alleged date of default (enter date)

Now they know exactly what you are requesting. I would review and make changes to the others and try to follow this guideline.

Thank you for your input.  I see what you mean about the Plaintiff being able to object to the phrasing.

Since I really don't know the exact type of documentation on the other issues, would it fix the problem by just stating "provide documentation proving..." - I've already been exact on what I want the Plaintiff to prove in the rest of the request (or so I believe).

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I would recommend completing the BOP (whether you choose to motion to strike or compel) prior to sending out any document demands.   You can narrow down what you're looking for if you're able to preclude them from entering these items into evidence.

 

If you're set on sending a document demand, you could send one demand:

 

All DOCUMENTS reflecting any TRANSACTIONS on the account at issue in this litigation. Then define TRANSACTIONS as all charges, credits, payments, etc (not sure exactly what kind of account this is but you get the idea).

 

The reason I say to complete the BOP, is that it's MUCH easier to motion to compel a BOP than it is for PODs, RFA's, and ROGs...

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I would recommend completing the BOP (whether you choose to motion to strike or compel) prior to sending out any document demands.   You can narrow down what you're looking for if you're able to preclude them from entering these items into evidence.

 

If you're set on sending a document demand, you could send one demand:

 

All DOCUMENTS reflecting any TRANSACTIONS on the account at issue in this litigation. Then define TRANSACTIONS as all charges, credits, payments, etc (not sure exactly what kind of account this is but you get the idea).

 

The reason I say to complete the BOP, is that it's MUCH easier to motion to compel a BOP than it is for PODs, RFA's, and ROGs...

I really don't want statements...

I'd like to focus on his proving why/how he is allowed to claim a given interest rate, late fees, attorney fees, etc on a contract that he will not be able to provide.  In my particular case, the JDB issued the wrong account # in the verification letter and in a reconfirmation of the verification letter, didn't bother to reference any acct # in the complaint and later admitted to the error in a meet and confer when I didn't provide him with the response to his discovery he served on me.  In other words, he wants me to go along with what he should have documented in the verification letter, what he should have included in his complaint and what he tried to get me to respond to in his discovery - all without having to go through a motion to amend his complaint (and giving additional rise to my being able to ask for dismissal for improperly proceeding with case).

I would like the issue of the transactions on the real acct to be kept on low key for now - since I'll try and get the few statements he did send me from my BofP excluded because they were not in response to the acct he used in the verification letter.  But I want to put in the Motion to Compel and/or exclude on the BoP later/closer to the pre trial date so he has less time to try and pull together docs and try to amend his complaint (assuming he could given the facts).

I believe strongly that he cannot prove a legal standing via chain of assignment and I know he cannot have any signed contract (as there never was any), etc. and would like to focus my production of docs there...

(hope this made sense in response)

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