Plaintiff's response to Defendant's discovery

[EdV1]

Hi,

 

I send my discovery to plaintiff asking for information and documents.

 

I asked for contact info for the affidavit of sales signer, address position and employment date.

 

They obviously objected to the question, citing irrelevance and not reasonably calculated to lead to discovery of admissible evidence as related to defense's liability to this action.  This information maybe in control of third party.

 

I already found the info on the signer and will issue a subpoena.

 

Also, on the affidavit of sales there's a new account number on the affidavit of sales replacing old account number (which they're suing me for).  So I asked for all documents pertaining to the new acct #.  Their answer is, objection request is vague, ambiguous, and overbraod as to time and scope.  Request is unintelligible as worded.  

 

I also asked for original contract and and thing with my signature on it.  They said I should have everything in my possession.  They are compelling me to provide my financial records for the past 7 years.

 

 

How do I counter this at meet and confer?

 

Thank you.

[EdV1]

I read on one of the topics about Motion to Preclude.  Can I use that here since they claimed info I asked for is irrelavant

[shellieh98]

Your laws are different than mine, but here I would send them a meet and confer letter asking for the requested information again, telling them why you need it.  If they still do not send you can file a motion to compel or a motion to preclude if they do not send it after the court orders them to do so.  

Search for threads here with CAlawyer, he has links to a meet and confer letter, and also California advice, as he is a California attorney.  There are a ton of California people here that have won their cases, I would advise you to search out those threads and read them, it will help you to better understand the rules of the court.

Do you have more than this thread posted about your case?  If you do I would also suggest for you to keep it all in one thread so everyone reading has a better understanding on what went on and can advise you better.

[EdV1]

Your laws are different than mine, but here I would send them a meet and confer letter asking for the requested information again, telling them why you need it.  If they still do not send you can file a motion to compel or a motion to preclude if they do not send it after the court orders them to do so.  

Search for threads here with CAlawyer, he has links to a meet and confer letter, and also California advice, as he is a California attorney.  There are a ton of California people here that have won their cases, I would advise you to search out those threads and read them, it will help you to better understand the rules of the court.

Do you have more than this thread posted about your case?  If you do I would also suggest for you to keep it all in one thread so everyone reading has a better understanding on what went on and can advise you better.

Instead of reading throught pages, I thought I'd do this:

 

Cliff's:

CACH, LLC - BofA $7000.  

BOP sent, and received only 1 final statement before charged off from another CC provider not listed under BofA's list of companies in their CC terms and policies;

An Affidavit of Sale & Cert of Debt, with new account number replacing the old one on statement that they're suing me for and no records and contract or agreements;

And BofA Terms and Conditions about CC.

 

CACH sent discovery and rogs seeking my financial records for 7 years, I denied and objected everything citing broad and vague.  They issued a motion to compel.

 

I send rogs to get info on affidavit signer (which I already found through the notary public on affidavit, and the signer is a rep in lost mitigation/bankruptcy at BofA).  They denied, citing irrelevance and can not calculated how this could lead to new evidence.

 

I also sent RPD asking for contract or anything with my signature, and info on new account number.  They said they gave me everything they have, and that I have those docs in my possession.

 

OSC court date is next week.

 

http://www.creditinfocenter.com/community/topic/318660-jbd-bombarded-me-with-the-burden-of-proof/#entry1220462

[shellieh98]

Have you received their CCP96? You should list everything in it if you have.  Anything not in it they cannot use in court.  I believe California has time limits of when things need to be in etc. so If you court is next week, you should have received it,  You will need to work on the evidence they have, and how you can discredit it.

 

Did you get a ccp98 on who their witness is?  The affidavit from the B of A will need to be challenged.  you can challenge this by objecting to it, as you are unable to subpoena the witness. (unless he lives 150 miles from your court house.)

That goes the same for any witnesses for the plaintiff. they have listed. (If they are not local, they won't show) If they say they will accept service at lawyers address, send a subpoena there, but they will not be there to accept service, so you will be able to preclude that affidavit .  In California you are supposed to serve it personally.  

 

read through helpme's thread, she just won a case in California.  I think you will find it helpful.  I don't want to steer you wrong, as I think there are other things you can do--California laws are so different than mine.

[EdV1]

Signer is in North Carolina.  I have not received any witness list, and there is time limit.

 

I intend to discredit the affidavit with their own reasoning for objecting to my discovery, signer info and new account number not relevant.  I will also ask for forward flow agreement between CACH and BofA as well.

 

I've been following a few threads, Helpme posted a lot of good stuff.  I also found this http://www.creditinfocenter.com/community/topic/319848-bank-of-america-admittedly-sold-debts-to-cach-that-were-undocumented/  Bank of America admittedly sold debts to CACH that were undocumented.  

I plan to bring the article to help persuade the judge since the verbiage is exactly the same on my affidavit, or at least shake their attorney before hand.

[shellieh98]

so do I understand you-- court is next week, and you have not received a CCP96?  Check with the California people, this might have been something you  had to request, and I don't know the time limits on it, but it would be important for your case.  maybe you should pm seadragon or calawyer and ask.

[calawyer]

The affidavit of sale is not admissible at trial if you object.  It does not even attempt to comply with CCP 98 and does not give an address where the witness may be served.

 

THe case you need to read is Elkins v. Superior Court.  Pretty sure we did a section of that case in Helpme's MIL.  If not, search my posts for Elkins and you will find the argument and the best quote from that case.

[EdV1]

so do I understand you-- court is next week, and you have not received a CCP96?  Check with the California people, this might have been something you  had to request, and I don't know the time limits on it, but it would be important for your case.  maybe you should pm seadragon or calawyer and ask.

 

 

That's correct.  Calawyer below : ).

 

The affidavit of sale is not admissible at trial if you object.  It does not even attempt to comply with CCP 98 and does not give an address where the witness may be served.

 

THe case you need to read is Elkins v. Superior Court.  Pretty sure we did a section of that case in Helpme's MIL.  If not, search my posts for Elkins and you will find the argument and the best quote from that case.

 

Thank you, I'm reading elkins on the other tab.  I will object the affidavit.  

 

Do you know about the old account number and new one?  I thought on CC, account number is tied to card, new account number is for replacement card; and BofA has no affiliation with the issuance company in their document.  Anything to argue on these?

[EdV1]

Hi.

 

I went to court.  Plaintiff claimed to judge I never send them any responses.  I thought we were here for a motion to compel hearing, so I didn't bring the whole file but I had a letter from plaintiff not liking my responses.  Judge gave me 30 days to either show POS or resend them my verified answers, and didn't award plaintiff attorney's fee.  

 

I also sent the plaintiff a meet and confer, asking them to remove the Affidavit of sales because it doesn't comply with CCP98.

[calawyer]

Hi.

 

I went to court.  Plaintiff claimed to judge I never send them any responses.  I thought we were here for a motion to compel hearing, so I didn't bring the whole file but I had a letter from plaintiff not liking my responses.  Judge gave me 30 days to either show POS or resend them my verified answers, and didn't award plaintiff attorney's fee.  

 

I also sent the plaintiff a meet and confer, asking them to remove the Affidavit of sales because it doesn't comply with CCP98.

 

 

Just goes to show you how little attention they pay to these cases.  Do you have a proof of service?

 

Hard to tell from your posts exactly what is going on.  If plaintiff filed a motion, the motion should have said that they never received any response from you.  You should then have filed an opposition brief saying you did, supported by a declaration attaching the response and a proof of service.

 

If you didn't file an opposition to the motion and you just showed up at the hearing saying you served it, your Judge was very kind.

 

Sounds like all went well.

[EdV1]

The motion was to compel my 7 years of financial records, but the sub lawyer wasn't prepared so I cut him off by showing my letter from the attorney.  I will send them my answers again, as well as the POS to comply with judge's order.

 

The judge was very kind as I got away with a little hand slap.

 

Thanks again, calawyer.