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Hey, did you send the meet and confer? Even though they may not have answered it start on your request for documents. Keep asking questions!

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Hi @shellieh98. Thanks for checking in! I did send my meet and confer letter and I haven't heard anything... I was indeed just waiting... 15 days will give them until 9/5 to respond.

Thanks for reminding me to stay 1 step ahead of the game if I can. I will compose my "First Request for Production of Documents". Should this be in legal format or is a standard letter acceptable?

I found a couple examples by @Seadragon of what documents to request but I don't' know if all are applicable. I've noted my concerns/questions/dependencies in bold. I'd love your thoughts as to what you might modify or omit if it were you?

 

1. The complete contents of plaintiff’s file indicating “Defendant Name.” or “Defendant Name,” as owing money to Plaintiff Evil ones.

2. The complete contents of “Plaintiff’s assignor, Assigning bank,” and any other files indicating money owed to Plaintiff in the name of “Defendant Name.,” or “Defendant Name.” Complaint says they purchased the account (were not assigned).

3. All contracts and/or applications for credit signed by “Defendant Name” or “individual Defendant Name.” with Plaintiff, and any other files maintained in these names. They already sent me a copy of the cc application.

4. All writings concerning failure of “Defendant Name” or “individual Defendant Name.” to make payments to Plaintiff Evil ones.

5. All writings showing requests for “goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $1,XXX.XX.” The complaint says: "a. for money lent by the original creditor to defendant at defendant's request, and, b. for money paid, laid out and expended to or for defendant at defendant's special instance and request for the defendant's use and benefit."

6. All writings showing amount of interest at the “rate of 10 percent per year from date of 10/8/2007.” The complaint says "plus prejudgement interest according to proof”.

7. All documents and/or writings showing what “goods, wares, and merchandise” were “sold and delivered” to Defendant, and what date(s) these were delivered. The complaint says "This credit card account granted defendant(s) credit privileges in purchasing goods and services and/or receiving cash advances."

8. All writings and/or contracts, documents, etc., whereby “Plaintiff’s assignor Assigning bank” assigned Plaintiff Evil ones as it’s collector for debt. Complaint says “Plaintiff purchased all rights, title and interest in the obligation upon which this suit is brought and is the sole owner of the account."

9. All copies of checks, money orders and/or writings from “Plaintiff’s assignor Assigning bank” showing any and all payments made by Defendant Name and/or individual Name.

10. All writings whereby Plaintiff attempted to settle and/or mitigate its losses regarding this debt.

11. All writings and/or telephone calls from individual Name regarding any debt possibly owed by Defendant Name. I've never called them. Does that matter?

12. All California and/or state of origin documents of LLC known as Unifund.

13. All writings showing the names of known corporate entities connected with Evil ones, and writings of all known other LLC’s connected with Evil ones.

14. All writings for the state in which Evil ones was incorporated and all writings showing any entities connected with Evil ones, and their state of incorporation.

15. All writings and/or limited partnership/corporation documents for the State of California showing whether or not Evil ones is a foreign entity limited partnership in the State of California, or whether it is a limited partnership incorporated in the State of California.

16. All writings showing names, addresses and other pertinent information regarding the limited partners for Evil ones, and all other “a.k.a., also known as” entities connected in any way, shape, or form with Evil ones.

 17. All writings showing whether or not this debt has been charged off by “Plaintiff’s assignor Assigning bank,” in or around 2007, or at any other time after 2007 through the present, and if so, the exact date of charge off. What's the strategy here?

18. All writings showing information on this purported debt to any and all credit reporting agencies against Defendant Name, either by “Plaintiff’s assignor Assigning bank,” or Plaintiff Evil ones, and/or Plaintiff’s “a.k.a. also known as” agencies, corporations, or limited partnerships.

 

 

THANKS AGAIN!! :-)

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here is the one I have saved in my library if you can find any not listed in that list.  It should be on pleading paper, I will upload a blank one you can use for california. 

 

 

 

Request for production of documents

 

Your Caption for the case

 

Under that  the statutory language for the request(look at plaintiffs request and recycle their useage)

 

DEFINITIONS AND INSTRUCTIONS

 

            The following definitions and instructions apply throughout this request for identification and production, unless the context clearly indicates otherwise:

 

A. This request requires that you produce all writings responsive to any of the following numbered requests which are in your possession or control or subject to your control, wherever they may be located. The writings which you must identify and produce include not only writings which you presently possess, but also writings which are in the possession or control of your attorneys, accountants, bookkeepers, employees, representatives, or anyone else acting on your behalf.

 

B. If you prefer, you may produce all writings which are responsive to any of the following numbered requests by delivering copies of all such writings on or before the thirtieth day following the date of service of this request to: <your name>., <your address>

 

C. All writings which are responsive in whole or in part to any of the following numbered requests shall be produced in full, without abridgment, abbreviation or expurgation of any sort. If any such writings cannot be produced in full, produce the writing to the extent possible and indicate in your written response what portion of the document is not produced and why it could not be produced.

 

D. The term "writing" as used in this request for identification and production is a broadly inclusive term referring to any and all written or other graphic material, however produced or reproduced, of every kind and description and to everything upon which sounds, words, symbols or pictures are recorded or depicted by magnetic or electrical impulse, photography, or otherwise. The term "writing" includes, by way of example and not limitation, the following and anything similar to any of the following:

 

1. Letters, telegrams, telexes, cables, TXWs, memorandum, interoffice correspondence and other forms of correspondence and written communication;

 

2. Agreements, contracts, policies, handbooks, practice guidelines, reports, studies, records, books, journals, papers, statements, pamphlets, circulars, publications, stenographic notebooks, files and their contents, file folders, file covers, file jackets, and notes;

 

3. Summaries, abstracts, indexes, tabulations, graphs, charts, lists and inventories;

 

4. Calendars, desk calendars, appointment books, schedules, logs, telephone messages, diaries, time sheets, minutes of meetings, and transcripts;

 

5. Financial statements, checks, invoices and accounting records and books;

 

6. Pleadings, deposition transcripts, trial transcripts, interrogatories, answers to interrogatories, affidavits, declarations, papers filed or lodged with courts, and papers filed with or sent to administrative agencies.

 

7. Tape recordings, sound reproductions, objects, photographs, motion pictures, microfilm, computer data stored on magnetic tape, computer printouts, data processing cards or tapes, and computer disks or diskettes.

 

E. You are required to produce not only the original or an exact copy of the original of all writings responsive to any of the following numbered requests, but also all copies of such writings which bear any notes or markings not found on the originals and all preliminary, intermediate, final and revised drafts of such writings.

 

F. It is not intended that this request require production of any writings which are privileged. If you are not producing any writing responsive to any of the numbered requests below on the basis of a claimed privilege, or for any other reason, state the following information:

 

1. Describe the writing with specificity;

 

2. Identify the privilege claimed or other reason why the writing is not produced;

 

3. State the names and capacities of all persons who participated in the preparation of the writing; and

 

4. State the names and capacities of all persons to whom the document was circulated or its contents communicated.

 

G. Plaintiff _______________. is referred to in this request for identification and production as "Plaintiff."

 

 

 

DEMAND FOR PRODUCTION OF DOCUMENTS

 

1. The complete contents of records, paper and/or electronically stored data, relevant to the alleged account ending in xxxx from _________________________..

 

2. The complete Credit Card Account Purchase Agreement dated  xx/xx/xxxx between [name of original creditor] and [name of jdb] include any attachments, exhibits, and/or appendices to same.

 

3. All contracts, agreements, and/or applications for credit signed by “my name”, pertinent to the alleged account ending in XXXX.

 

4. All writings concerning failure of “my name” to make payments to [name of original creditor] on the alleged account ending in XXXX.

 

5.   Produce each agreement / terms and conditions you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the alleged account ending in XXXX from (date it says you opened the account) to the present.

 

6.  Plaintiff alleges account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiffProduce the document that will be used to introduce into evidence that identifies this account as an account stated account.  (use this if one of the causes of action was account stated)

 

7. All copies of checks, money orders and/or writings from “Plaintiff’s assignor/s” showing any and all payments made by Defendant.

 

8.  For each document listed below that was delivered to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered:

             a. The original account agreement for the account.

             b. Any amendment to the agreement for the account.

           c. Any notice of a change in any term of the account, including but not limited to a change in the rate of interest or amount of any fee applicable to the account.

             d. Any schedule of interest rates or fees applicable to the account.

             e. Any credit card issued in connection with the account.

             f. Any statement of payments, charges, fees or interest for the account.

 

9.  For each document you have produced that you contend applies to the account and that does not contain some piece of the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature:  Please produce every document containing information from which it may be determined whether the document applies to the account.

 

10. Produce a list of debits and credits from the opening of alleged account, to the last closing statement that will be used to identify an open book account.  .(use if cause of action is on open book, money lent or received)

 

11. Produce documents relative to the purchase of the alleged account at issue to include electronic mail, Electronic word processing correspondence, electronic database files. Meta data associated with alleged account parameters and any written correspondence between plaintiff and the alleged assignors to the alleged account. electronic data files are to be produced in a windows readable format or a program for file translation on CD-R media.

 

12. Any documents, electronic mail, text messages, or any other form of communication between; <Process server name>; <Company he works for>.; and Plaintiff's counsel or employees concerning the alleged account ending in XXXX.

 

13. Produce documents related to employee training in the processing of alleged accounts including the entering of data from the alleged assignor, processing through the storage system, updating or changing the electronic data, adding data to the computer system, changing TIFF information using computer image processing programs, and destruction of documents procedures in use for the past 5 years.

 

14. Produce any documents Plaintiffs relied on in the review of the Complaint which formed the basis for the alleged Causes of Actions plead in the complaint.

 

16. Documents responsive to the active status in the state of incorporation or formation of [name of jdb] 

 

17. Produce a list of  terminated or discharged employees within the last 5 years. The list can be in Microsoft Excel® format.

 

 

BLANK PLEADING california.doc

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Wow, thanks. That was fast!

 

I will combine the best from both lists, type on pleading paper, send CMRR with POS to the Plaintiff's attorney, and keep a copy of all documents for myself (no need to file with court at this time).

 

In the meantime, I wait to see what they send in response to my M&C letter and if nothing comes or it's still inadequate, then is the next step MTC?

 

I haven't received any Request for Admissions, Docs, or Interrogatories from the Plaintiff but as soon as I do I will be sure to respond promptly.

 

Still no CMC or trial date set...

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Wow, thanks. That was fast!

 

I will combine the best from both lists, type on pleading paper, send CMRR with POS to the Plaintiff's attorney, and keep a copy of all documents for myself (no need to file with court at this time).

 

In the meantime, I wait to see what they send in response to my M&C letter and if nothing comes or it's still inadequate, then is the next step MTC?

 

I haven't received any Request for Admissions, Docs, or Interrogatories from the Plaintiff but as soon as I do I will be sure to respond promptly.

 

Still no CMC or trial date set...

also look at these:

 
That will put a keener edge on the sword.
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Wow, thanks. That was fast!

 

I will combine the best from both lists, type on pleading paper, send CMRR with POS to the Plaintiff's attorney, and keep a copy of all documents for myself (no need to file with court at this time).

 

In the meantime, I wait to see what they send in response to my M&C letter and if nothing comes or it's still inadequate, then is the next step MTC?

 

I haven't received any Request for Admissions, Docs, or Interrogatories from the Plaintiff but as soon as I do I will be sure to respond promptly.

 

Still no CMC or trial date set...

 

Good job so far! I'm not sure if you asked for terms & agreements or policy, but look for that when they respond to you. Go through the statements they've sent you and make sure the balance matches up with your summons. Pretty much look for any discrepancies in anything they've sent you. 

 

I'm not sure what state you live in, but it just depends on the court's schedule and when you'll see the trial date paper work. Try to see if you can look up your case information online through the county court's website. Maybe paper work got lost in the mail who knows, check online just in case. You should continue to check this site from time to time. 

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So, I haven't received a response to my M&C letter...they had until 9/5. Should I proceed with MTP or MTC (I'm not sure the best route here)? I'm assuming this would be filed with the court on pleading paper with POS.

 

 

Also, should I continue to send my discover items? ...I had some home stuff come up last week so I never sent out my Req for Prod Docs. Should I still?

 

 

As a side note, I just checked the court website and my CMC is set for March 2014—holy cow, that's a ways out!

 

 

Thanks everybody!

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absolutely you should send your requests, ASAP.  You can file a motion to compel or in the alternative preclude evidence from a BOP, covers both that way.

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@shellie98, I hope I didn't misunderstand... I just sent my First Request for Production of Documents today but I did not file anything with the court before sending. Correct?

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correct, you don't file it with the court, but check your rules of civil procedure, you may need to file a proof of service for them, my state I don't have to, but I don't know about yours.

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Ok, I'll check...

 

I n the meantime, it looks like they are choosing not to respond to my M&C letter since I didn't receive a reply before 9/5/13.

 

Instead, I just received the Plaintiff's Request for Production of Documents and Admissions. They are requesting the documents/admissions below. However, it is my understanding that they have the burden of proof. So, I'm inclined to answer as follows (in bold):

 

REQUESTS FOR DOCS

1) Copies of Statements relating to card ending in XXXX. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

2) Any and all documents relating to identity theft. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

3) Copies of payments made on the card ending in XXXX. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

4) Correspondence between me and Citibank. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

5) Correspondence between me and the credit bureaus relating to the card. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

6) Any documents that evidence any kind of payment on the card. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

7) Any documents that evidence that the card has been paid in full. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

8) Any other documents relating to the account. After a reasonable search and inquiry, defendant does not have any documents that satisfy this request.

 

 

ADMISSIONS

1) Admit that you applied for the credit card ending in XXXX. Admit (they have a copy of the cc application). I applied for a Citibank cc, but don't know if it's the one in question

2) Admit you received the cc ending in XXXX. I may have, but I don't have it now. How can I confirm or deny?

3) Admit you made payments on the cc ending in XXXX.  I did at one point, but don't have records to produce. Admit or deny?

4) Admit that you became delinquent in the payments. Defendant is without knowledge to admit the truth or falsity of  RFA #7 and therefore DENIES the same.
5) Admit that you left a balance due and owing on cc ending in XXXX. Defendant is without knowledge to admit the truth or falsity of RFA #7 and therefore DENIES the same.

6) Admit you received statements for cc ending in XXXX. After a reasonable search and inquiry, Defendant is without knowledge to admit the truth or falsity of RFA #6 and therefore DENIES the same.

7) Admit the balance due and owing as of XX date was $XXXX.xx. Defendant is without knowledge to admit the truth or falsity of  RFA #7 and therefore DENIES the same.

8) Admit that at all relevant times Plaintiff has had and now has all rights, titles, interest, and sole ownership of the account ending in XXXX. Defendant is without knowledge to admit the truth or falsity of  RFA #8 and therefore DENIES the same.

 

Am I on the right track?

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You don't admit that. All of them should be deny. Defendant is without knowledge to admit or deny therefore denies.

See you may have had a Citibank card, but do you know if the numbers ended in xxxx? If you admit, you would really hurt your case. Make them prove everything.

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Two things:

 

1) I think it would be more beneficial for me to file a Motion to Preclude BOP from evidence instead of Motion to Compel further BOP. Any thoughts on this?

 

2) I was finally able to get through to the court to schedule my motion hearing and I found out that the judge that's handling my case doesn't schedule hearings for motions during discovery. He only handles issues at ex parte hearings and a ruling will typically be given on the spot (the lady said he rarely actually moves to file the motion). From the county website: "The court makes itself available to the parties during ex parte hours to discuss discovery disputes prior to the filing of motions to compel."

 

So ... my question is: what does this mean for me? Would it effect the wording of the document that I file? E.g., Notice of Motion to Preclude BOP from Evidence ---vs--->  Notice of Ex Parte hearing to Preclude BOP from Evidence. Do the same rules apply (i.e. giving them 16 days +5 for mailing = 21). Or is an Ex Parte hearing a whole different animal? How will I need to prepare for this?

 

Thanks for your help!

 

post-128781-0-01643100-1380231843_thumb.

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I am not from california, so I don't know about your Motion hearings as such, but I think he gives tentative rulings if there is no hearing.  (that is what I have heard, read your rules see how it works)

I mainly wanted to reply for the Motion to Preclude.  I believe you would file it as a Motion to compel or in the alternative preclude.  That leaves it up to the judge, looks better for you.  But if you do it, you need to get on it, you only have 45 days from when you received your response from them, to filing for it.  how long has it been?

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@Seadragon cleared up for me that BOP is not part of discovery. So, today I called the court and cancelled the Ex Parte hearing date and scheduled a hearing date for my Motion to Preclude BOP (which unfortunately won't be until 3/21/13). In the meantime, I'm sending my response to their RFPD and Admissions.

 

I was reading another thread where @calawyer posted about the 45 day (+5  for mailing) time limit for filing Motion to Compel/Preclude... I was waiting for a response and never received one. I hope I didn't I wait too long!?!

 

I mailed my M&C on 8/21 (which they received on 8/24). If I count 50 days from 8/24, I have until 10/9. But really, I think I should probably have more time than that since it should be 45 days from when they reply to me (which they didn't), correct?

 

Either way, I reserved my court date TODAY (10/4) but I won't be able to get to the court house to file the paperwork until Monday/Tuesday morning. I'm going to try to file before 10/9 just to be safe.

 

Question: when I do go to the court and time stamp/file my MTC paperwork, I'm good to go right?   I don't have to send a copy to the Plaintiff until 15 (+5  for mailing) prior to the court date in March (which would be 3/1/14). Yes? ..This would help keep up some element of surprise I think?

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@Seadragon cleared up for me that BOP is not part of discovery. So, today I called the court and cancelled the Ex Parte hearing date and scheduled a hearing date for my Motion to Preclude BOP (which unfortunately won't be until 3/21/13). In the meantime, I'm sending my response to their RFPD and Admissions.

 

I was reading another thread where @calawyer posted about the 45 day (+5  for mailing) time limit for filing Motion to Compel/Preclude... I was waiting for a response and never received one. I hope I didn't I wait too long!?!

 

I mailed my M&C on 8/21 (which they received on 8/24). If I count 50 days from 8/24, I have until 10/9. But really, I think I should probably have more time than that since it should be 45 days from when they reply to me (which they didn't), correct?

 

Either way, I reserved my court date TODAY (10/4) but I won't be able to get to the court house to file the paperwork until Monday/Tuesday morning. I'm going to try to file before 10/9 just to be safe.

 

Question: when I do go to the court and time stamp/file my MTC paperwork, I'm good to go right?   I don't have to send a copy to the Plaintiff until 15 (+5  for mailing) prior to the court date in March (which would be 3/1/14). Yes? ..This would help keep up some element of surprise I think?

I don't know, I know when I file something, I have to file a verification that I sent it to the plaintiff.  So for me, I would have had to send it already.  I don't know if you need to send it to them when you file, I would read my rules for the answer to that.

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Quick question regarding Plaintiff's requests for production of documents:

 

Request for Production NO. 1:

Any and all copies of statements relating to the Citibank, NA Credit Card now bearing account number XXXX from August 13, 2004 through this day.

Response NO. 1:

Defendant is not in the possession, custody or control of any documents responsive to this request. Notwithstanding the foregoing, Defendant objects to this request because Plaintiff is in an equal or superior position than Defendant to procure the requested documents since Plaintiff now owns alleged account in question according to paragraph 6 of the complaint.

 

Is my response acceptable? Or should I omit the part about the Plaintiff owning the account?

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And your thoughts on this one... ?

 

Request for Production NO. 2:

Any and all documents relating to any allegations of identity theft (i.e. police report) that you have filed relating to the Citibank, NA Credit Card now bearing account number XXXX since August 13, 2004 through this day.

Response:

Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.

 

OR

 

Response:

Defendant is not in the possession, custody or control of any documents responsive to this request.

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And your thoughts on this one... ?

 

Request for Production NO. 2:

Any and all documents relating to any allegations of identity theft (i.e. police report) that you have filed relating to the Citibank, NA Credit Card now bearing account number XXXX since August 13, 2004 through this day.

Response:

Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.

 

OR

 

Response:

Defendant is not in the possession, custody or control of any documents responsive to this request.

After diligent search, and reasonable inquiry defendants are not in possession, custody, or control of any responsive documents to the request. Inquiry is ongoing and at a future time if documents become available defendant will amend this response.

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I am being sued by Kenosian & Miele for old credit card debt and would appreciate any assistance offered. I received a letter from Kenosian and Miele, but disregarded it as it listed a creditor name I didn't recognize and I believed that it was a bogus attempt to collect money.   When I received a letter from a debt service company that I was being sued I went online and found the court documents which are dated 9/24/2013.    The debt is from Citibank which is a valid debt, however I never received a sumons from the court, but the paperwork filed by Kenosian is dated 9/24/13. I am filing an Answer via form PLDC-010 today as that is 30 days from the date on the paperwork I obtained online and I don't wish them to receive a summary judgement.   I see that yellowmate won his/her case against them, but I am unclear as to how this happened.  Any advice/assistance would be greatly appreciated!

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@dechainel you need to start your own thread in the main forum, this is eyoung's thread, you won't get help here. But look on your courts website, they will have posted if you were served, they may have filed the suit, but if you were not served yet, you still have time. Make sure it doesn't show any service.

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Hope you are all happy and healthy in the new year!

 

After a brief hiatus, I’m back with a few more questions:

 

(Let it be known, I am still the discovery and preparing for my CMC in March.)

 

1. I have Seadragon’s pre-trial timeline, but I don’t have a timeline for the CMC. Are there particular steps I should take in preparation for this or do I just show up, say nothing to the lawyer, and smile and nod to the judge?

 

2. The lawyer finally sent their response to my RFPD about two months after the allotted time in my request. In their response, they have an Objections, Privilege and Protection section in the beginning where they generally “object to each demand to the extent that each such demand requests information which is personal or confidential … protected by plaintiff’s common law or constitutional rights (CA Const. Article 1, Section 1) … and/or is protected proprietary information… “ Then they respond to each request individually and mostly object that “demand is vague, or burdensome … overly-broad, compound …” or similar.  I guess that’s the usual?

 

They attached the same application, and partial statement as I’ve been sent before, then there are two new exhibits: 1) a Citibank Card Agreement, and 2) a Bill of Sale and Assignment. There are two pages attached for the BOS. Page 1 shows an “agreement” between Citi and Pilot Receivables Management (another JDB I’m assuming) a couple years ago, and page 2 is the “assignment” from Pilot Receivables Management to UNIFUND a few months after that.

 

There is no mention of any account numbers or monies.

 

3. I am filing a MOC BOP and the court date for that is the same day as my CMC in March. I know I need to send my motion to the plaintiff 45 days before court date, but are there any other preparation requirements for the Motion?

 

Thank for all the help!

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I would forget the compel motion for the bop and do one for the documents they didn't send you. But you need a meet and confer in Cali first. Did you request the purchase agreement for the bill of sale? If not send off a rfd's set 2 and ask for that also. If you send out your meet and confer, set 2 requests, and they don't respond by 30 days, you can compel them for all of it.

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Hope you are all happy and healthy in the new year!

 

After a brief hiatus, I’m back with a few more questions:

 

 

 

2. The lawyer finally sent their response to my RFPD about two months after the allotted time in my request. In their response

 

3. I am filing a MOC BOP and the court date for that is the same day as my CMC in March. I know I need to send my motion to the plaintiff 45 days before court date, but are there any other preparation requirements for the Motion?

 

Thank for all the help!

2.  You send a Meet & Confer letter letting Unifund know they have no right to object as they missed the deadline by two months and if they don't send revised PODs then you'll file a motion to compel.

 

3.   As for your Motion to Compel a BOP or Further BOP once they are served you have done your part.  I would definitely follow through.

 

I was able to get another JDB to dismiss w/o prej about a year ago by hitting them hard and fast with a motion to compel further BOP and a threat to file a motion to compel further responses to ROGS and PODS after several very detailed meet and confer letters pointing out their failure to (1) respond in a timely manner eliminated their ability to object to my ROGS or PODS,  (2) some of their responses were not "served" but sent, and (3) their terrible cut and past job, whereby their answers in some instances didn't even make any sense and showed a total lack of respect for the discovery process espeically when they responded to 11 ROGS when I only propounded 10.  I also advised them I would be filing motions for matters deemed admitted and to produce further responses to my PODs and ROGs if they didn't comply with my meet and confer demands.

 

 

Unfund does not go to court (at least here in Cali from all the cases I researched) and they tend to try and collect statutory interest before the time they owned the debt and after the OC (usually Citibank) waived such interest.  The research that I've done in Cali courts revealed that Citibank waives post charge off interest and often time legal fees.

 

Go get 'em.

 

SkippieB

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