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Need help with Special Interrogatories and Admissions vs Citibank


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Hello,

About 1.5 yrs ago, Moore Law Group served a lawsuit against me representing Citibank. They tried introducing a few years statements via CCP 98 and with help of this forum filed 1987b and they dismissed. Got served again couple of months ago, filed General Denial again, sent BOP and responded with copies of same statements and sent Special Interrogatories and Admissions.

I would like help responding to them and will list them below. Thank you!

Special Interrogatories

1: For each denial of any request for admission served with these interrogatories, state the number of the request and (2) in detail all facts upon which you base your denial

2: State in detail all facts upon which YOU base your Denial in YOUR Answer/General Denial to PLAINTIFF’s COMPLAINT. Do not simply refer to your Answer/General Denial.

3: State YOUR present residential address and YOUR residence addresses for the past five years.

4: State the name and phone number of YOUR present employer or place of self-employment.

Requests for admission of the genuineness of the document

Exhibit 1: Billing statements for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXX with closing date XX/XX/20XX

Exhibit 2: Billing statements for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXX with closing date XX/XX/20XX.

Exhibit 3: Billing statements for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXX with closing date XX/XX/20XX through closing date XX/XX/20XX.

ATTACHEMENTS

Admit that the following fact is true:

  • That you opened Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.
  • That you made purchases using opened Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.
  • That you made payments on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.
  • That you stopped making payment on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.
  • That you received monthly account billing statements from Plaintiff for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.
  • That at the time you received monthly account billing statements from Plaintiff for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX, you did not object to Plaintiff regarding any amount reflected on those billing statements.
  • That you owe Plaintiff the sum of XXXX.XX on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.
  • That you have no valid legal defense to this action.
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Here is more info below if it helps. If there is a previous post/thread that is similar to mine please post link.

 

1. Who is the named plaintiff in the suit?  Citibank NA 

2. What is the name of the law firm handling the suit?  Moore Law Group


3. How much are you being sued for? Around 3500.00
 

4. Who is the original creditor? Citibank

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

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

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


8. What was your correspondence (if any) with the people suing you before you think you were being sued? I requested validation which they responded to (very basic). They  filed lawsuit.

9. What state and county do you live in? CA, Los Angeles

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  Their records state 2010

11. What is the SOL on the debt? 4 yrs

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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. Yes

15. How long do you have to respond to the suit? 30 days; Filed General Denial

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing attached to summons.
We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Complaint on credit card account  Common Counts; open book acct, account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant promissed to pay plaintiff, monies lent, monies paid

About the same time I sent BOP received Special Interrogatories & admissions requests which are in my first post.

 

The response to BOP was "The attached copies of such printouts of monthly statements as are located after a reasonable and diligent search are provided in response to Defendant's  Demand  for BOP. Discovery and investigation are continuing."
 

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Did they send you monthly statements from the inception of the account, or from a zero balance of account up to present charge off? If not the BOP is incomplete.

 

Also I would try calling citibank directly and ask them who this account was assigned to.  I found out on an original creditor lawsuit I was being suied for, it was not the original creditor at all but was sold to an attorney, who then assigend another attorney.  I actually asked my OC if I could settle directly with them (law says you can if it has not been sold" And they told me no you can't the account has been sold.  Then they gave me the name of the company it was sold to. So I would check, as JBD lawsuits are eaiser to fight historically than OC lawsuits.

 

Get your own list of Rogs and Production of docs started, I think there are example in the pinned threads, or steal someone elses, and make them your own.  Don't answer yours quite yet, let some others give you some input. (as long as you have some time, we don't want to go over your alloted time to answer).

 

Answering them will be easier if we know for sure this is an OC collection.

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Thank you Shellieh98 and Neophyte for your help.

 

Here are my replies to Admissions (rough draft) Anyone please share any input.

 

 

SET NO.:                                       ONE

 

            TO ANY PLAINTIFF AND HIS COUNSEL OF RECORD:

            Defendant hereby responds to Plaintiff’s First Set of Request for Admission as follows:

It should be noted that this responding party has not fully completed investigation of the facts relating to this case, and has not fully completed discovery in this action and has not completed preparation for trial.  All of the answers contained herein are based upon such information and documents which are presently available to or specifically known to this responding party and disclose only those contentions which presently occur to such responding party.

            It is anticipated that further discovery, independent investigation, legal research and analysis will supply additional facts, add meaning to known facts, as well as establishing entirely new factual conclusions and legal contentions, all of which may lead to substantial additions to, changes in, and variations from the contentions herein set forth.  The answers contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contentions as is presently known which should in no way be to the prejudice of defendant in relation to further discovery, research and/or analysis. 

 

 

General Objections:

Still working on them.  Any suggestions?

 

ATTACHMENT No. 1

Admit that the following fact is true:

 

  1. That you opened Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Deny
  2. That you made purchases using opened Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX.  Deny
  3. That you made payments on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Deny
  4. That you stopped making payment on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Deny
  5. That you received monthly account billing statements from Plaintiff for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Deny
  6. That at the time you received monthly account billing statements from Plaintiff for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX, you did not object to Plaintiff regarding any amount reflected on those billing statements. Deny
  7. That you owe Plaintiff the sum of 3332.37 on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Deny
  8. That you have no valid legal defense to this action. Deny

Since I deny ever opening alleged account, the rest should should be denied correct? Do I need General Objections or no?

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You're going to get hit hard over these responses. They will probably subpoena your bank records now, just to prove you made payments on this card, if indeed you did. Read 6 again, it contradicts all your responses. They can also subpoena merchants listed on the monthly statements to prove you used the card. 8 will get you another round of discovery. They are entitled to ask you what your defense is, since you deny not having one.

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Since I am a newbie and do not know how to contact directly, can someone contact CaLawyer and Seadragon or anyone else knowledgeable in California Law and see if they can offer assistance?

I'm checking other threads and will update admission's in the meantime.

Thanks again.

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Just search their threads, or eventually somebody from CA will help you. You need to conduct your own discovery, there are several methods. CCP454, CCP96, or direct discovery. Either way, you need to attack this creditor in a particular fashion in order to have any chance. Is this your account? Did you open it or are you just playing at a denial? Maybe arbitration through the cardholder agreement would work, this is a small amount.

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Since I deny ever opening alleged account, the rest should should be denied correct? Do I need General Objections or no?

 

Did you open the account? Does your defense include anything in addition to denying you ever opened the account?

 

Does anyone remember Baghdad Bob? 

 

 

 07-minister.jpg

 

"I triple guarantee you, there are no American soldiers in Baghdad."

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LOL!, Thanks NASCAR, point taken. No offense, but in regards to posts 13 & 14 can we stay on topic please. Or is this becoming about whoever "Massive" is?

 

Point taken. No need to waste time talking about all the nut jobs who have come and gone. I've removed them for you. 

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I do not know CA Rules of Procedure, but typcially there is a rule where if you deny a request for admissions that a party must either state the reasons why they deny or that a party made a reasonable inquiry into the request.

 

You do not have to explain the reason why you deny a request. You must explain why you can neither admit or deny.

 

 

2033.220.  (a.) Each answer in a response to requests for admission
shall be as complete and straightforward as the information
reasonably available to the responding party permits.
   (b.) Each answer shall:
   (1) Admit so much of the matter involved in the request as is
true, either as expressed in the request itself or as reasonably and
clearly qualified by the responding party.
   (2) Deny so much of the matter involved in the request as is
untrue.
   (3) Specify so much of the matter involved in the request as to
the truth of which the responding party lacks sufficient information
or knowledge.
   (c.) a responding party gives lack of information or knowledge
as a reason for a failure to admit all or part of a request for
admission, that party shall state in the answer that a reasonable
inquiry concerning the matter in the particular request has been
made, and that the information known or readily obtainable is
insufficient to enable that party to admit the matter.
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Thank you NASCAR! Here is what I have come up with with your input and others here below. Please review and comment.

  • That you opened Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using this card.

  • That you made purchases using opened Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Defendant has already denied recollection of this card and therefore this question is improper.

  • That you made payments on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Defendant has already denied recollection of this card and therefore this question is improper.

  • That you stopped making payment on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Defendant has already denied recollection of this card and therefore this question is improper.

  • That you received monthly account billing statements from Plaintiff for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Denied. Defendant has no recollection of receiving any statements from Plaintiff, nor has proof of the delivery been provided.

  • That at the time you received monthly account billing statements from Plaintiff for Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX, you did not object to Plaintiff regarding any amount reflected on those billing statements. Defendant has already denied having recollection of receiving any statements and therefore this question is improper.
  • That you owe Plaintiff the sum of $XXXX.XX on Citibank, N.A. STORE CARD credit card account XXXXXXXXXXXXX. Defendant has already denied recollection of this card and therefore this question is improper. Furthermore, Defendant has not seen any authenticated records showing how alleged balance was calculated.
8. That you have no valid legal defense to this action. Deny
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Hey eco,

 

Sorry I answered the wrong one but here's some for the admissions.

  1. That you opened Citibank, N.A. SEARS CARD credit card account XXXXXXXXXXXXX. Defendant objects to this Request for Admissions on the ground that after reasonable inquiry the information known or readily obtainable by him/her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt. Defendant responds as follows: DENIED.
  2. That you made purchases using opened Citibank, N.A. SEARS CARD credit card account XXXXXXXXXXXXX. Defendant objects to this Request for Admissions on the ground that after reasonable inquiry the information known or readily obtainable by him/her is insufficient to accurately respond whether Defendant made alleged purchases as Plaintiff contends. Defendant responds as follows: DENIED

Use these to tailor the rest of their requests.

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For your response to Special Interrogatory 4. State the name and phone number of YOUR present employer or place of self-employment.

 

Defendant objects to the extent this special interrogatory seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Based on the foregoing objection, Defendant declines to provide a further response to this request.

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