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ROG's in CA


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Getting ready to send my ROG's out and was looking for a little feedback. Here's the thread about my case: http://www.creditinfocenter.com/community/topic/317872-portfolio-ra-hunt-henriquez-vs-me-ca/

Please feel free to comment in any of the threads. Thank you all in advance.

Interrogatory No. 1:

Please identify the document that is the account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff as alleged in the complaint.

Interrogatory No. 2:

Please identify the exact date in which Plaintiff allegedly acquired the account.

Interrogatory No. 3:

What was the purchase price of this account from the original creditor?

Interrogatory No. 4:

Please identify any and all persons known to Plaintiff who have knowledge concerning the assignment, sale or transfer of the account on which Plaintiffs claim is based.

Interrogatory No. 5:

For each person known to Plaintiff who has knowledge concerning the assignment,

sale or transfer of the account on which Plaintiffs claim is based, please state their full name, home

address, home telephone number, employer’s name, business address, and business telephone number.

Interrogatory No. 6:

Please identify the person(s) who will testify in trial for JDB.

Interrogatory No. 7:

Please identify the person(s) who will testify in trial for the original creditor.

Interrogatory No. 8:

Do you have any document(s) signed by defendant showing any agreement(s) between plaintiff and defendant?

Interrogatory No. 9:

Please identify each exhibit you will use in the trial of case #.

Interrogatory No. 10:

Please identify the person(s) answering these interrogatories.

So there it is. I keep reading about keeping my ROG's on the low side so I only used 10. #2 is in there because JDB shows one date on their paperwork, but the OC affiant shows another date. My plan is to use their own affadavit against them with this. In thier affadavit:

"Plaintiff maintains computerized account records, including the account information that was provided to Plaintiff by OC including the transfer balance and transfer date of the subject account. The records are kept in the ordinary course of business by representatives of Plaintiff who are charged with the duty to accurately record any business act, condition or event on the computer with entries made at or near the time of any such occurance."

Any suggestions would be greatly appreciated!!!

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So for #3 if you're trying to use it against them why would you give them a heads up and ask. I would keep quiet and use it in your MIL. The inconsistency with dates will show the Court that there is something suspicious and your letting the Judge know that because the Judge will read it in the MIL.  The Judge won't read it in your rog, in fact Judge won't see it

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So for #3 if you're trying to use it against them why would you give them a heads up and ask. I would keep quiet and use it in your MIL. The inconsistency with dates will show the Court that there is something suspicious and your letting the Judge know that because the Judge will read it in the MIL.  The Judge won't read it in your rog, in fact Judge won't see it

Oops, meant to say #2. Edited it in my post. Gotcha helpme, but the others look good? I want to get this sent out tomorrow. Thanks for the help!

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Getting ready to send my ROG's out and was looking for a little feedback. Here's the thread about my case: http://www.creditinfocenter.com/community/topic/317872-portfolio-ra-hunt-henriquez-vs-me-ca/

Please feel free to comment in any of the threads. Thank you all in advance.

Interrogatory No. 1:

Please identify the document that is the account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff as alleged in the complaint.

 

 

The account stated in writing is based upon the final billing statement sent by the original creditor. Defendant agreed to the balances on the statements when he made payments without protest.

Interrogatory No. 2:

Please identify the exact date in which Plaintiff allegedly acquired the account.

 

This is irrelevant. Why would you ask this?

Interrogatory No. 3:

What was the purchase price of this account from the original creditor?

 

Confidential and irrelevant. You'll never get this.

Interrogatory No. 4:

Please identify any and all persons known to Plaintiff who have knowledge concerning the assignment, sale or transfer of the account on which Plaintiffs claim is based.

 

Any individuals involved in the assignment are identified in the affidavit and accompanying bill of sale.  (if they gave you one)

Interrogatory No. 5:

For each person known to Plaintiff who has knowledge concerning the assignment,

sale or transfer of the account on which Plaintiffs claim is based, please state their full name, home

address, home telephone number, employer’s name, business address, and business telephone number.

 

I doubt you'll ever get their home address or phone number. They'll object to this part.

Interrogatory No. 6:

Please identify the person(s) who will testify in trial for JDB.

 

Don't call them a JDB, use their name.

Interrogatory No. 7:

Please identify the person(s) who will testify in trial for the original creditor.

 

They will toss this back at you. They will say they have no intentions of calling any such witness, since the OC is not a party to the case. You want them to testify, you pay for the subpoena.

Interrogatory No. 8:

Do you have any document(s) signed by defendant showing any agreement(s) between plaintiff and defendant?

 

Specious question. Credit card agreements are not signed. Defendant accepted the terms of the agreement when he used the account.

Interrogatory No. 9:

Please identify each exhibit you will use in the trial of case #.

 

Evidence will be disclosed as requested or by the rules of procedure. Defendant's question sounds in a request for production of documents and is therefore improper as to form.

Interrogatory No. 10:

Please identify the person(s) answering these interrogatories.

 

Okay to ask, usually this one is first.

So there it is. I keep reading about keeping my ROG's on the low side so I only used 10. #2 is in there because JDB shows one date on their paperwork, but the OC affiant shows another date. My plan is to use their own affadavit against them with this. In thier affadavit:

"Plaintiff maintains computerized account records, including the account information that was provided to Plaintiff by OC including the transfer balance and transfer date of the subject account. The records are kept in the ordinary course of business by representatives of Plaintiff who are charged with the duty to accurately record any business act, condition or event on the computer with entries made at or near the time of any such occurance."

Any suggestions would be greatly appreciated!!!

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Personally, I hate Rogs.  You almost always get objections followed by a non answer.  Then you have to meet and confer and usually do not end up moving to compel.  And really, I am not sure you would get the information you need in the form you need if defendant answered.

 

For example, you ask a lot of questions about the assignment.  The operative date, who knows about it, what their addresses are.  Wouldn’t it be better to ask for the agreement as a single document request?  I have no doubt that the Court would grant a motion to compel if plaintiff refused to give it to you

 

As another example, why ask if plaintiff has an agreement between the OC and defendant.  Why not just demand it?  If plaintiff says “yes”, you will ask for it anyway. 

 

Lastly, your rogs about the documents and witnesses that will appear at trial will actually be met with a valid objection.  The proper way to get that information is with CCP 96.

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Bruno,

Or anybody else for that matter, I've tried looking for this but if they intend to use the affidavit from OC, shouldn't that person be available for trial? Just trying to better understand this entire process.

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Affidavits are sworn testimony. Courts accept them as a substitute for the live person sitting in court. If you want to challenge the affiant, you have to bring them to court. Otherwise, pick the affidavit itself apart per the rules of evidence and move the court to strike it. Either way, this is part of your defense and nobody is going to do it for you. The thing could be written on a paper bag in crayon with no signature, and 99% of the time no judge is going to intervene on your behalf. This is your responsibility.

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Personally, I hate Rogs.  You almost always get objections followed by a non answer.  Then you have to meet and confer and usually do not end up moving to compel.  And really, I am not sure you would get the information you need in the form you need if defendant answered.

 

For example, you ask a lot of questions about the assignment.  The operative date, who knows about it, what their addresses are.  Wouldn’t it be better to ask for the agreement as a single document request?  I have no doubt that the Court would grant a motion to compel if plaintiff refused to give it to you

 

As another example, why ask if plaintiff has an agreement between the OC and defendant.  Why not just demand it?  If plaintiff says “yes”, you will ask for it anyway. 

 

Lastly, your rogs about the documents and witnesses that will appear at trial will actually be met with a valid objection.  The proper way to get that information is with CCP 96.

I've kept my ROGs low because of something you said in another thread, but is what you're trying to get at here is get this info through RFPOD? I only recently came upon RFPOD so was unsure about doing that or ROG's. it's beginning to sound like maybe I should can the ROG's, get the docs I need through RFPOD, then send admissions? How would that interact with the BOP I've already sent and received. (At least everything I think they're going to send) Gotta go study up on RFPOD until I hear back.

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Affidavits are sworn testimony. Courts accept them as a substitute for the live person sitting in court. If you want to challenge the affiant, you have to bring them to court. Otherwise, pick the affidavit itself apart per the rules of evidence and move the court to strike it. Either way, this is part of your defense and nobody is going to do it for you. The thing could be written on a paper bag in crayon with no signature, and 99% of the time no judge is going to intervene on your behalf. This is your responsibility.

Actually it was written by a data program that apparently uses white out. Thanks for this! Just to be extremely clear though, when I fight the affidavit from the OC , I cannot argue hearsay then correct? Anybody want to take a look at the affidavit and bill of sale?

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I've kept my ROGs low because of something you said in another thread, but is what you're trying to get at here is get this info through RFPOD? I only recently came upon RFPOD so was unsure about doing that or ROG's. it's beginning to sound like maybe I should can the ROG's, get the docs I need through RFPOD, then send admissions? How would that interact with the BOP I've already sent and received. (At least everything I think they're going to send) Gotta go study up on RFPOD until I hear back.

 

Even if they don't provide you anything in RFP's, the CCP 96 will lock them into identifying what evidence (documents) and witnesses they plan to offer at trial. The good thing about this is you will know before your trial date. What happened in our case is some of the documents provided in RFP's was different in what they provided in CCP 96. In fact, there was a lot of new docs when they answered our CCP 96. So we built our strategy on the CCP 96 not what we received in RFP's, if that makes any sense.

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I am suggesting RFPs. Three of them:

  1.  The contract (referred to in paragraph ___ of the complaint);
  2. All DOCUMENTS relating to any assignment of the account at issue in the complaint;
  3. All statements relating to the account at issue in the complaint.

Affidavits present multiple issues of hearsay under California law.  Just the fact that testimony is presented in an affidavit, as opposed to live testimony of a witness, will preclude its use at trial unless plaintiff complies with CCP 98.  An affidavit may be used to support a motion, however the contents of the affidavit must be based upon personal knowledge and must not contain hearsay evidence (or an exception to the hearsay rule must apply).

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 some of the documents provided in RFP's was different in what they provided in CCP 96. In fact, there was a lot of new docs when they answered our CCP 96. So we built our strategy on the CCP 96 not what we received in RFP's, if that makes any sense.

 

If the 'different documents' were different versions of the same documents, would that not be something to go after/point out?

Unless you meant you got new and different documents in the CCP 96.

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Don't be afraid to ask for the document listing the sale from the original creditor to the junk debt buyer which specifically identifies your name and alleged account number.

 

 

Those should be provided in response to a request seeking ""All DOCUMENTS relating to any assignment of the account at issue in the complaint".  If not, they should be identified as withheld.

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If the 'different documents' were different versions of the same documents, would that not be something to go after/point out?

Unless you meant you got new and different documents in the CCP 96.

For CCP 96 we received some that we already received from discovery, new ones introduced and different ones introduced and ALL knocked out by MIL.

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