CakeLVR

Need help as a Pro Per Defendant - Thanks :)

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Hi,

 

Thanks for reading my post, believe me your time and any advice is greatly appreciated.  :-D

 

Here’s a little bit of history on my case. I’m a defendant in a limited civil suit. Received the summons right after Turkey Day, filed my answer with only one day to spare (given that I had 30 days to file), received a CMC 3 days after I filed my answer.  The CMC is in a few weeks.

 

After doing my homework I knew that as a defendant

1-      I have to make them prove their case.

2-      I have to send them a Bill of Particulars, along with interrogatories, request for docs, and admission – which I sent to the Plaintiffs and filed with the court.

 

I just received their answer to my Bill of Particulars, the thing is it looks like it’s bits and pieces of a statement. Meaning at the top of the paperwork it has xxxxx Account Statement - Account Number xxxxxx, From Nov. to Dec. 2010 

And in the body there are two boxes 
The first box Interest Charge (there are 4 sections)
Purchase 1 - APR xxxx, Balance - Subject To Interest xxxxx, Interest Charge xxxxx 
Etc. 

The second box 
Credit Info. (there are 7 sections)
Purchase 1 - Date xxxx, Previous Balance xxxx, New Balance xxxx, Min. Payment xxxx, Defered Interest xxxx, Payoff Amount xxxx 

The thing is the Statement Date at the top of the page and the Purchase Date in the second box are different in years. Also all it states is Purchase #1 and so on and nothing else. 

They are also using it as evidence. Is this correct in their answer to my Bill of Particulars?

 

Although I have yet to get their answer to my interrogatories, request for docs, etc. I noticed that it is now a new lawyer handling the case. I’m not sure what happened to the first lawyer who filed the complaint and signed a statement claiming it was all true.

 

The plaintiff is listed as XXXXX  assignee of XXXX.

 

I’m also wondering what should I expect in the CMC. What will the judge ask? How should I respond?

 

Any info, advice and help given is greatly and so very much appreciated.

 

 

Thanks.  :-D

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I know that discovery is not filed with the court, but its not detrimental to your case. It would help to know a lot more information, so please respond to the following questions provided by Racecar keeping answers such as dates and amounts vague; round up/down etc.:

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

17. Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

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You will  need to meet and confer with plaintiff beforehand and file a CMC statement. (see California rule of Court Rules 3.724, Rule 3.725 and also 3.727):

 

http://www.courts.ca.gov/7260.htm?title=three

 

Call the plaintiff today or Monday to meet and confer.  Frequently, the plaintiff won't return your phone call.  That is good for you because, in your statement, you can say that you tried to meet and confer but the plaintiff refused.

 

Here is a copy of the form you will need to fill out and file 15 calendar days before the hearing: http://www.courts.ca.gov/documents/cm110.pdf

 

Good luck.

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