Needhelpwithsuit

Being sued by Portfolio in CA; answer & interrogatories filed, now what?

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Hello,

First of all thank you to all who post answers. I have gotten this far by help from prior posts. I have received a response to both by form interrogatories and BOP. I detail everything below. My question is, now what direction do I take? I will be replying to plaintiffs interrogatories and request for admissions, but then what?

Thanks in advance!

 

1. Who is the named plaintiff in the suit?                    Portfolio Recovery Associates, LLC

2. What is the name of the law firm handling the suit?             Portfolio Recovery Associates, LLC

3. How much are you being sued for?  $22,000.00


4. Who is the original creditor? Chase Bank

5. How do you know you are being sued? Served with summons

6. How were you served? In person

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? A phone call to try to settle with no results


9. What state and county do you live in? California

10. When is the last time you paid on this account? Within SOL… June 2010

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

12. What is the status of your case? Suit served upon me, general denial Answer sent with affirmative defenses, followed by demand for BOP and “form” interrogatories. Plaintiff has responded with a year and a half of bank statements, a BOS (unintelligible signature), objections to many interrogatories as being vague, a verification of statements from plaintiff’s employee as ‘custodian of records”, and generic “change in terms notice” and customer agreement.

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.    NO

15. How long do you have to respond to the suit? Responded within time frame. Plaintiff is claiming account stated on an account assigned praying for damages of $22,000.00. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not initially. I only received the summons and complaint with no supporting documentation.  I received documentation only after I submitted BOP and interrogatories. Plaintiff has also sent a letter offering a settlement amount of $16,000.00.

16. What evidence did they send with the summons? No exhibits were submitted with summons. After I sent a demand for BOP and “form” interrogatories, plaintiff has responded with 1 and 1/2 year of bank statements, a BOS (unintelligible signature), objections to many of my interrogatories as being vague, ambiguous and unintelligible.  Plaintiff also has sent “Verification” of interrogatory responses from plaintiff’s employee as ‘custodian of records” and generic “change in terms notice” and customer agreement (no names or signatures).  Plaintiff has also sent a letter offering a settlement amount of $16,000.00.

 

 

Plaintiff has since sent Request for admissions and interrogatories. With help from prior posts, I will respond to both. At this point, however, what direction do I take now?

 

Thanks!

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See ASTMedic thread (CA)  -- excellent reference material that helped me in my case.  Also SkippyB's thread.

 

Wish you the best!

Thanks! I have since found ASTMedic thread which is very informative. I didn't know about SkippyB's thread. I will check it out.

Thanks again!

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Is there anything on the court schedule upcoming? Perhaps a Case Management Conference? Trial date?

Nothing to date. When should I expect that if complaint was filed in April and I was served in May?

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You've listed PRA as the law firm handling the case, but they are a JDB. Who is the law firm?

This is something that appears different in my case than many others I have seen. The attorneys work for PRA. While correspondence comes from Norfolk, VA and that is where I am instructed to reply, the attorney is licensed in CA and when I search the state bar number in CA the number comes up with the attorney and under the profile it lists PRA in San Diego, CA. Could it be that the over 20K dollar amount is the reason PRA is going 'in house"?

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Can someone take a look at my response to admissions and critique? thanks!

 

1.       You entered into an agreement with plaintiff’s predecessor on or about October 23, 2998 for a visa/mc credit card

NO. 1: DENIED - PLAINTIFF’S request for admission no. 1 fails to provide details of an agreement referenced. No such written agreement has been appended to the request, therefore defendant must deny. (they sent generic contract terms and a BOS with no reference to my name, no account #, just a printed form with account info attached to BOS in response to my BOP)

 

2.       You requested that the account be opened on your behalf.

No. 2: DENIED - Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

3.       When you opened the account, you agreed to the terms and conditions attached hereto as Exhibit A.

NO. 3: DENIED – Statement is confusing and illogical. PLAINTIFF alleges an agreement was opened in 1998. Herein, affirmation no. 3, PLAINTIFF requests admission to agreement of terms in EXIHIBIT A submitted by PLAINTIFF which is dated March, 1999.

4.       Exhibit A, attached hereto, is a true and correct copy of the terms and conditions under which you agreed to repay monies or credit extended or loaned to you by Plaintiff’s predecessor on the account.

NO. 4: DENIED (they sent generic contract terms and a BOS with no reference to a name, no account #, just a printed form with account info attached to BOS in response to my BOP)

 

5.       The amount due and owing on the account as of July xx, 2010 was $22,xxx.xx.

NO. 5: DENIED - DEFENDANT at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

6.       The last payment on the account was made on June xx, 2010.

NO. 6 DENIED - Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

7.       You are indebted to plaintiff for the amount  claimed in the complaint less credits

N0. 7: DENIED - Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

8.       You received monthly statements on the account.

N0. 8: DENIED - Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.(plaintiff sent @ 18 months of statements from 2009 to 2010; plaintiff is alleging account opened in 1998)

9.       Prior to commencement of the above entitled action plaintiff informed you in writing that it intended to file this action and that this action would result in a judgment against you that could include court costs and necessary disbursements allowed by CCP section 1033(B)(2) (referred to herein as the “pre-suit letter”).

NO. 9: DENIED - Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof of mailing. Defendant demands strict proof thereof.(plaintiff attached a copy of a letter they claim to have sent).

10.   Exhibit B, attached hereto, is a true and correct copy of the pre-suit letter you received from plaintiff.(plaintiff attached a copy of a letter they claim to have sent).

NO. 10: DENIED

11.   You did not respond to the letter.

NO. 11: AMITTED – See response to NO. 10

12.   You do not dispute that the $22,xxx.xx is the balance owed on the account.

NO. 12: DENIED - DEFENDANT at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

13.   You owe plaintiff, as an assignee of the account, $22,xxx.xx not inclusive of interest.

NO. 13: DENIED - DEFENDANT at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

14.   $22,xxx.xx is the correct amount due and owing on the account excluding interest.

NO. 14: DENIED - DEFENDANT at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

Plaintiff is the valid assignee of the account

NO. 15: DENIED - DEFENDANT at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

15.   You have not paid any of the $22,xxx.xx owed on the account.

NO. 16: DENIED - Admitted in part to the extent that no liability for any such payment has been established, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidence establishing ownership or liability.

 

Any comments appreciated!

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Nothing to date. When should I expect that if complaint was filed in April and I was served in May?

 

There's often a Case Management Conference (CMC) scheduled at the time of the filing (sometimes it's included in the paperwork with the complaint that's given to you when you're served).

 

For timeframe, my lawsuit was filed in May and the CMC came around in November (well, January as well since there were two). If the lawsuit was just filed a few months ago, I wouldn't expect the CMC to be soon.

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Following is my response to special interrogatories. would appreciate critique on all responses but I specifically need help with # 1 Please state with particularity all facts that support your affirmative defenses as alleged in your answer to plaintiff's complaint. I put in all that I thought would apply for fear of not being able to use it later. Can I object  that the request, as phrased is vague, ambiguous, unintelligible, and not stated with sufficient particularity to permit ma meaningful response? Or do I have to respond? If so, can anyone point me in the right direction? My AD were: 

1.       The Plaintiff failed to name the real party in interest

2.       The Plaintiff failed to state a claim upon which relief can be granted.

3.       Defendant was not notified of any assignment of the debt that is the subject of the Complaint.

4.       Plaintiff’s Complaint is time-barred Pursuant to CA Code of Civil Procedure Section 335-349.4 

5.       Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

6.       Lack of Standing as Plaintiff's Complaint fails to assert a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was legal.

7.       Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff.

8.       Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt, for which Plaintiff failed to reference an account number in their Complaint.

 

GENERAL RESPONSE
1. Plaintiff’s response to Defendant’s Special Interrogatories, Set One, is made to the best of Plaintiff’s present knowledge, information, and belief. Said responses are at all times subject to such additional or different information that discovery or further investigation may disclose and, while based on the present state of Plaintiff’s recollection and understanding, is subject to such refreshing of recollection, and such additional knowledge of facts, as may result from Plaintiff’s further discovery and investigation. Plaintiff reserves the right to make any use of, or to introduce at any hearing and at trial, information and/or documents responsive to Defendant’s Special Interrogatories, Set One discovered subsequent to the date of this response.
2. Plaintiff reserves all objections or other questions as to the competency, relevance, materiality, privilege or admissibility as evidence in any subsequent proceeding or in trial of this or any action for any purpose whatsoever of this response.
3. Plaintiff reserves the right to object on any ground at any time to such other or supplemental interrogatories as Defendant may at any time propound involving or relating to the subject matter of these interrogatories.

1. Please state with particularity all facts that support your affirmative defenses as alleged in your answer to plaintiff’s complaint.

NO. 1:

2. If you deny you are indebted to the plaintiff in the amount claimed in the plaintiff’s complaint, please state the basis for your denial of such indebtedness.  

NO. 2: Defendant objects to this request on the grounds that Interrogatory No. 2 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as your contention is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption.

 

Subject to and without waiving said objection, Defendant responds as follows: Defendant has no recollection of incurring alleged indebtedness. Defendant disputes the principal, interest, fees and penalties claimed due and owing to plaintiff, as well as the other relief sought in the complaint. Discovery, investigation and research of the applicable law is continuing and further information responsive to the request may become available upon seeing plaintiff’s presentation of admissible evidence at trial, therefore Defendant reserves the right to amend his response to add further details of his defense as they become available.

 

Without proper information, Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this interrogatory. Defendant is not required to refute the plaintiff's claims; the plaintiff is required to prove them. Defendant therefore objects to and denies this request in its entirety.

3. If you admit that you are indebted to the plaintiff for a lesser sum than the amount claimed in the plaintiff’s complaint, please stat the amount that you admit you owe to the plaintiff and how you arrived at this lesser sum.

NO.3: Defendant objects to this request on the grounds that Interrogatory No. 3 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as “YOUR contention” is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption.

Subject to and without waiving said objection, Defendant responds as follows: Defendant has no recollection of incurring alleged indebtedness. Defendant disputes the principal, interest, fees and penalties claimed due and owing to plaintiff, as well as the other relief sought in the complaint. Discovery, investigation and research of the applicable law is continuing and further information responsive to the request may become available upon seeing plaintiff’s presentation of admissible evidence at trial, therefore Defendant reserves the right to amend his response to add further details of his defense as they become available.

 

Without proper information, Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this interrogatory. Defendant therefore objects to and denies this request in its entirety.

4. If you intend to rely upon any documents, correspondence, business entries or other writing for your defense, describe each writing by stating the date, author, contents, name, and address of the present custodian of such documents.

NO.4 Defendant objects to this request because it is overly broad and burdensome. Without waiving Objection, Defendant states after a reasonable search, defendant does not have any of the requested documents.  Defendant reserves the right to produce if any of the said documents become available.  Furthermore documents should be available to plaintiff from plaintiff's own records if such documents exist.

5. Please state all dates for which you or someone acting on your behalf made a payment on the account.

NO. 5: Defendant objects to this request because it is overly broad and burdensome. Without waiving Objection, Defendant states after a reasonable search, defendant does not have any of the requested documents.  Defendant reserves the right to produce if any of the said documents become available.  Furthermore documents should be available to plaintiff from plaintiff's own records if such documents exist.

6. Please state the last date for which you or someone acting on your behalf made a payment on the account.

NO. 6: The defendant admits to making some payments on some accounts but does not have the information or knowledge to allow him to answer further. Subject to the foregoing, the defendant denies the request.

7. Please identify each document that establishes or corroborates your response to interrogatory No. 6

NO 7: After diligent search and reasonable inquiry the defendant is unable to produce documents requested as there are no documents in defendant’s possession, custody or control. Defendant is informed and or believes that relevant documents are in the possession, custody, or control of Plaintiff’s Custodian of Records identified by Plaintiff as Evita Rodriguez. Defendant will produce relevant documents if any become available in the future. Investigation is ongoing as defendant is currently conducting discovery and diligently investigating this matter

8. Please state the balance owed on the account when the last payment on the account was made.

NO. 8: Defendant objects to this request on the grounds that Interrogatory No. 8 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as your contention is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption.

Subject to and without waiving said objection, Defendant responds as follows: Defendant has no recollection of incurring alleged indebtedness. Defendant disputes the principal, interest, fees and penalties claimed due and owing to plaintiff, as well as the other relief sought in the complaint. Discovery, investigation and research of the applicable law is continuing and further information responsive to the request may become available upon seeing plaintiff’s presentation of admissible evidence at trial, therefore Defendant reserves the right to amend his response to add further details of his defense as they become available.

Without proper information, Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this interrogatory. Defendant is not required to refute the plaintiff's claims; the plaintiff is required to prove them. Defendant therefore objects to and denies this request in its entirety.

9. Please identify each document that establishes or corroborates your response to interrogatory No.8

NO. 9: After diligent search and reasonable inquiry the defendant is unable to produce documents requested as there are no documents in defendant’s possession, custody or control. Defendant is informed and or believes that relevant documents are in the possession, custody, or control of Plaintiff’s Custodian of Records identified by Plaintiff as Evita Rodriguez. Defendant will produce relevant documents if any become available in the future. Investigation is ongoing as defendant is currently conducting discovery and diligently investigating this matter

10. Did you at any point in time dispute the balance owed on the account?

NO. 10: OBJECTION Argumentative, lacking in foundation, and compounded.

11. If the answer to special interrogatory no. 10 is yes, please state the date(s) for which you disputed the account and the balance owed on the account when the dispute was made.

NO. 11: OBJECTION Argumentative, lacking in foundation, and compounded.

 

I, {YOUR NAME HERE}, am defendant in the above cause of action. I have read the first Set of Requests for Special Interrogatories propounded to me by plaintiff, PORTFOLIO RECOVERY ASSOCIATES, and my response to the request. I am familiar with the contents of both. Based on my knowledge, the responses to plaintiff's requests are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

 

Dated this [day] of [Month], [year]

(MY NAME HERE

 

 

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There's often a Case Management Conference (CMC) scheduled at the time of the filing (sometimes it's included in the paperwork with the complaint that's given to you when you're served).

 

For timeframe, my lawsuit was filed in May and the CMC came around in November (well, January as well since there were two). If the lawsuit was just filed a few months ago, I wouldn't expect the CMC to be soon.

.I'll expect it around October if the timing is the same.Thanks for the info..

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Received a request for production of documents with 8 requests and responded to all with"

" Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available."

Questions:

1. In responses to requests for admissions, documents and interrogatories in CA, do you need to write in the Plaintiff's request and no.in your response? Or simply number your responses accordingly?

2. I was served with the three requests two weeks ago. Do I wait until a couple of days before being due (30 days) or send them off as soon as they are ready?

3. The JDB is claiming account stated and I read somewhere that account stated does not require a BOP. I requested BOP and received a response from plaintiff with 18 months of statements from OC on an account allegedly opened in 1998, a bill of sale signed by OC (signature not intelligible) and no reference on BOS to any account # or name, and generic contract agreements that are dated 1999 and 2004 (after alleged account was agreed to).

    a) should I send a meet and confer even though BOP is not required but evidence is inadequate for standing?

    B) If I should send the meet and confer, do I send it along with responses or wait a few days to send?

FYI, I have not received nor do I expect to receive a CMC until Sept or Oct. based on what I have read here.

 

I have lots of questions!....any help is appreciated!

 

 

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This is how I would answer admissions.

1.  You entered into an agreement with plaintiff’s predecessor on or about October 23, 2998 for a visa/mc credit card.

 

Response: Plaintiff's request for admission number One fails to provide details of the alleged agreement referenced. No such written agreement has been attached to the complaint or a valid reason for not doing so, Defendant therefore denies all the allegations in admission one that he entered into any agreement with plaintiff's predecessor on or about October 23,2998 for a visa/mc credit card.

 

 

 

 

 

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This is how I would answer admissions.

1.  You entered into an agreement with plaintiff’s predecessor on or about October 23, 2998 for a visa/mc credit card.

 

Response: Plaintiff's request for admission number One fails to provide details of the alleged agreement referenced. No such written agreement has been attached to the complaint or a valid reason for not doing so, Defendant therefore denies all the allegations in admission one that he entered into any agreement with plaintiff's predecessor on or about October 23,2998 for a visa/mc credit card.

 

 

 

 

 

Thanks! I appreciate your response and respect the number of acclaimed posts you have throughout the site!

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What about calling for conclusion? PRA hasn't proven the OP owes this or owes it to them. Couldn't an objection based on calling for a legal conclusion be utilized here? Or not???

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What about calling for conclusion? PRA hasn't proven the OP owes this or owes it to them. Couldn't an objection based on calling for a legal conclusion be utilized here? Or not???

I don't know enough to respond to that question. I just thought a MTC was in order. 

Can someone answer that question?

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In answering plaintiffs discovery you want to deny all the allegations contained in the question and point out the weak points in the plaintiffs case .

Then you send discovery that centers around those elements you pointed out in answering plaintiffs discovery.

 

2. If you deny you are indebted to the plaintiff in the amount claimed in the plaintiff’s complaint, please state the basis for your denial of such indebtedness.  

NO. 2: Defendant objects to this request on the grounds that Interrogatory No. 2 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as your contention is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption.

 

 

 

RESPONSE Interrogatory Two: Objection. This interrogatory is vague and ambiguous, assumes facts not in evidence and contains an undefined term "such indebtedness" Defendant does not have the information or knowledge to allow him to answer further without a clear definition of the phrase "such indebtedness". Subject to the foregoing, the defendant denies the request.

 

 

 

 

 

 Don't be lazy in your responses

never use this NO. 2: your assuming people know your secret codes.

RESPONSE Interrogatory Two:

 

 

 

 

 

 

 

 

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 Don't be lazy in your responses

never use this NO. 2: your assuming people know your secret codes.

RESPONSE Interrogatory Two:

 

 

 

 

 

 

 

 

 

/\ This /\

 

Always list your response in a way that prevents the plaintiff (or defendant) from using it against you. You want to remove any type of ammunition they may use against you. By specifying that your response is based on Interrogatory, Request for _____, etc. number such and such, they can't say that your response was confusing or vague or heaven forbid not answered at all or any such nonsense they may come up with.

 

We need to make sure that we dot our "i's" and cross our "t's"..

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One more thing "Plaintiff to provide proof thereof is good.

Is there a difference between proof and strict proof? 

proof is proof take out Defendant demands strict proof thereof." over kill with the proof

 

2. You requested that the account be opened on your behalf.

Response: Denied.Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in admission number two, Therefore defendant leaves the Plaintiff to provide that defendant requested that an account be opened on his behalf by providing evidence of the offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.

 

 .

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In answering plaintiffs discovery you want to deny all the allegations contained in the question and point out the weak points in the plaintiffs case .

Then you send discovery that centers around those elements you pointed out in answering plaintiffs discovery.

 

2. If you deny you are indebted to the plaintiff in the amount claimed in the plaintiff’s complaint, please state the basis for your denial of such indebtedness.  

NO. 2: Defendant objects to this request on the grounds that Interrogatory No. 2 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as your contention is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption.

 

 

 

RESPONSE Interrogatory Two: Objection. This interrogatory is vague and ambiguous, assumes facts not in evidence and contains an undefined term "such indebtedness" Defendant does not have the information or knowledge to allow him to answer further without a clear definition of the phrase "such indebtedness". Subject to the foregoing, the defendant denies the request.

 

 

 

 

 

 Don't be lazy in your responses

never use this NO. 2: your assuming people know your secret codes.

RESPONSE Interrogatory Two:

 

 

 

 

 

 

 

 

Thanks RC. I will make those changes.

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/\ This /\

 

Always list your response in a way that prevents the plaintiff (or defendant) from using it against you. You want to remove any type of ammunition they may use against you. By specifying that your response is based on Interrogatory, Request for _____, etc. number such and such, they can't say that your response was confusing or vague or heaven forbid not answered at all or any such nonsense they may come up with.

 

We need to make sure that we dot our "i's" and cross our "t's"..

Point taken. I will work on these once I am off from work...

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Can anyone help with these questions I have?

Questions:

1. In responses to requests for admissions, documents and interrogatories in CA, do you need to write in the Plaintiff's request and no.in your response? Or simply number your responses accordingly?

2. I was served with the three requests two weeks ago. Do I wait until a couple of days before being due (30 days) or send them off as soon as they are ready?

    a) should I send all three responses at once or space them out a couple of days in between?

3. The JDB is claiming account stated and I read somewhere that account stated does not require a BOP. I requested BOP and received a response from plaintiff with 18 months of statements from OC on an account allegedly opened in 1998, a bill of sale signed by OC (signature not intelligible) and no reference on BOS to any account # or name, and generic contract agreements that are dated 1999 and 2004 (after alleged account was agreed to).

    a) should I send a meet and confer even though BOP is not required but evidence is inadequate for standing?

    B) If I should send the meet and confer, do I send it along with responses or wait a few days to send?

FYI, I have not received nor do I expect to receive a CMC until Sept or Oct. based on what I have read here.

 

I have lots of questions!....any help is appreciated!

Thanks!

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1. Just number them accordingly

2. This is up to you, I like to wait, but the game of chicken is my favorite.

a. Send them together.

3a. (I didn't see a question in 3 but its early and i might be oblivious to it! ;) )If an account stated cause of action is the ONLY cause of action they sued on, then they are correct. But if they sued on a breach of contract as well, send your meet and confer. I would send the M&C separately if it were me.

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Can someone direct me to or help me with responses to the JDB? They are requesting I state all facts that support affirmative defenses I stated in my answer to Plaintiff's complaint. Do I object to this? If so on what grounds?

 

I have to admit that I put all the defenses that I thought I COULD potentially use for fear of not being able to use it later since I was less informed than now (though I still have a lot of learning to do!) The affirmative defenses I used are:

      

1.       Lack of Standing as Plaintiff's Complaint fails to assert a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's                 Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was legal.

2.       Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff.

3.       Defendant was not notified of any assignment of the debt that is the subject of the Complaint.

4.       Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

5.       Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt, for which Plaintiff failed to reference an account number in their               Complaint.

6.       The Plaintiff failed to name the real party in interest

7.       The Plaintiff failed to state a claim upon which relief can be granted.

 

 

If I see that an AD cannot be used or is not appropriate, what is my response to their request to proviide facts? 

Thanks!

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