Can Anyone Help? Non Uniform interogs/Admissions questions

[jayinaz]

1. Who is the named plaintiff in the suit?  Cach, LLC

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel Law Firm

 

3. How much are you being sued for?  9k

 

4. Who is the original creditor? (if not the Plaintiff)  Wells Fargo

 

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

 

6. How were you served? (Mail, In person, Notice on door) At front door

 

7. Was the service legal as required by your state? I believe so

 

Process Service Requirements by State - Summons Complaint

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letter requesting dv

 

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

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 - still within sol

 

11. What is the SOL on the debt?   2014 

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).    did summons, did answer, now in discovery: was sent req for non uniform interrogatories and also Req production of docs and also Req for admission of facts and non uniform interrogatories.  All in same packet.

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not yet....too late?

 

14. Did you request debt validation before the suit was filed?  no Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?   august 12 and yes

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  Bill of sale, statements with my name and address, something that looks like part of my credit report, terms and conditions 

 

17. Read this article: 

 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

I have read through like threads for months and have learned and understood much of how to respond to most of this req for info however, I need assistance responding to some specific items.

 

I did post a question a couple of days ago but it was under a similar thread and no one answered it so I thought I better just open my own thread at this point.

 

Here are some questions I am having difficulty with: REQUEST FOR ADMISSION OF FACTS AND NON UNIFORM INTERROGATORIES

 

10. Admit that Plaintiff is the successor in interest to wells fargo bank with regard to the credit card acct #XXX.  See Bill of Sale attached hereto as Exhibit C and incorporated herein by reference

 

11. Admit that plaintiff as successor in interest to wells fardo bank is owed at least 9k pursuant to the bill of sale, which is attached hereto as Exhibit C and incorporated herein by reference.

 

and then the following questions on same Request:

 

15. admit the original creditors credit card acct appear on Transunion credit bureau.  See copy of your credit bureau attached hereto as Exhibit D

 

16. Admit that you never disputed this acct with any of the three major credit reporting agencies.

 

17. admit that you have provided Plaintiff with no doc supporting any affirmative defense against the Plaintiff complaint in this action.

 

OK, so 10 and 11 refer to the bill of sale that looks like it was copied a hundred times with no ref to acct in question except as an Exhibit A.

 

I already plan to file a motion to strike this from being admitted as evidence from what I have read about it's being heresay.   But I am not sure how to word it properly, all I have written is that I have filed motion to strike this.  Is this all I need to say?  do I file this same day I take my responses to court clerk to file that?

 

As for the other questions, no I didnt check or dispute my credit report for this because I didnt know it was there and as a knucklehead dont check my credit report as often as I should, apparently.  so can anyone help me with how I should respond to these questions?   

 

I've been working on this thing for weeks and now I'm getting incoherent and will probably pass out  very soon from lack of fresh air.  Some one please help?

 

(ps if anyone needs to see any of the docs I can attach just let me know what you need to see)

 

.

 

 

 

 

 

[texasrocker]

You can't file a motion to strike this; you have to answer each and every item with "Admit", "Deny" or "Objection" with a brief explanation of why you are objecting.

 

Can you post the exact wording of the bill of sale?

[racecar]

10. Admit that Plaintiff is the successor in interest to wells fargo bank with regard to the credit card acct #XXX.  See Bill of Sale attached hereto as Exhibit C and incorporated herein by reference

Response: The information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response

 

 

11. Admit that plaintiff as successor in interest to wells fardo bank is owed at least 9k pursuant to the bill of sale, which is attached hereto as Exhibit C and incorporated herein by reference.

 

Response: The information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response

 

 

and then the following questions on same Request:

 

15. admit the original creditors credit card acct appear on Transunion credit bureau.  See copy of your credit bureau attached hereto as Exhibit D

 

Response: The information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response

 

 

16. Admit that you never disputed this acct with any of the three major credit reporting agencies.

Response: The information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response

 

 

 

17. admit that you have provided Plaintiff with no doc supporting any affirmative defense against the Plaintiff complaint in this action.

Response: The information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response

 

 

 

OK, so 10 and 11 refer to the bill of sale that looks like it was copied a hundred times with no ref to acct in question except as an Exhibit A.

 

I already plan to file a motion to strike this from being admitted as evidence from what I have read about it's being heresay.   But I am not sure how to word it properly, all I have written is that I have filed motion to strike this.  Is this all I need to say?  do I file this same day I take my responses to court clerk to file that?

 

As for the other questions, no I didnt check or dispute my credit report for this because I didnt know it was there and as a knucklehead dont check my credit report as often as I should, apparently.  so can anyone help me with how I should respond to these questions?   

 

I've been working on this thing for weeks and now I'm getting incoherent and will probably pass out  very soon from lack of fresh air.  Some one please help?

 

(ps if anyone needs to see any of the docs I can attach just let me know what you need to see)

[jayinaz]

oh thank you...I work ungodly hours and just now am getting back to this monster.

 

The exact wording of the bill of sale is this:

 

exhibit 1

 

bill of sale

 

  wells fargo bank na (seller) for valable consideration, the receipt and sufficiency of which is hereby achnowledged, hereby swells, assigns and transers to Cach, llc (buyer) all ersoanl roterty comsiding the charged=off accoutns as define in the flowe agrement for Purchase and sale of charge-off acct dated oct 7, 2011nby andbetweenseller and buyer, which accounts are identified on exhibit a attadched hereto.

 

seller hereby covensts (? this is illegible) withbuyer and its successors and assigned that seller has good and lawful authbority to sell and convery the above descibed property and that said propery to free and clear of all leens and encumbrances whatsoever. 

[jayinaz]

oh thank you...I work ungodly hours and just now am getting back to this monster.

 

The exact wording of the bill of sale is this:

 

exhibit 1

 

bill of sale

 

  wells fargo bank na (seller) for valable consideration, the receipt and sufficiency of which is hereby achnowledged, hereby swells, assigns and transers to Cach, llc (buyer) all ersoanl roterty comsiding the charged=off accoutns as define in the flowe agrement for Purchase and sale of charge-off acct dated oct 7, 2011nby andbetweenseller and buyer, which accounts are identified on exhibit a attadched hereto.

 

seller hereby covensts (? this is illegible) withbuyer and its successors and assigned that seller has good and lawful authbority to sell and convery the above descibed property and that said propery to free and clear of all leens and encumbrances whatsoever. 

[jayinaz]

Please never mind the other glop - it accidently posted before I could edit it.... sorry....

 

The exact wording of the bill of sale is this:

 

exhibit 1

 

bill of sale

 

  wells fargo bank na (seller) for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, assigns and transfers to Cach, llc (buyer) all personal property comprising the charged=off accounts as defined in the flow agreement for Purchase and sale of charge-off acct dated oct 7, 2011 by and between seller and buyer, which accounts are identified on exhibit A attached hereto.

 

seller hereby covensts (? this is illegible) with buyer and its successors and assigns that seller has good and lawful authority to sell and convey the above described property and that said property to free and clear of all liens and encumbrances whatsoever. 

 

wells fargo bank na

by: (an illegible signature)

signature date: feb 17, 2012

closing date: feb 22, 2012

 

State of oregon

                       ) as.

county of washington

 

On this feb 17, 2012 before me the undersigned, a nortary public, in and for the state of oregon, personally appeared (someone la centra, to me personally known, who being by me duly sworn, did say the within and foregoing instrument was signed on behalf of said seller by authority of it board of directors; and that the said person as such officer, acknowledge the execution of said instrument to be the voluntary act and deed of said seller. 

 

(signature of someone armstrong)

__________________________

Notary public in and for the state of oregon

 

(there is an illegible stamp here

 

and here says exhibit C

 

I printed out a Civil Motion Form from pima county justice court website because I read that bill of sales, or business record affidavits (is this the same thing?) must be striken so as not to allow it as evidence by the plaintiff because of its being more or less "heresay" and specifically NOT stating MY name, MY account or anything identifying what is ME.  Would my understanding be right?  

thanks, 

beginning to fray at the edges

[jayinaz]

thank you racecar and texasrocker for answering above!  

 

I'm wondering now if this is just done in AZ but as I have looked around this site I have never seen anything regarding or about  Non uniform  interrogatories..  can I get your insight as far as these go?

 

...the questions are kind of similar to the admissions but not quite.. should I just answer them the same?  Some are different tho......

 

 

1. state name address and date of birth and ssn for each person answering this interrogatories. (I believe this is private info?)

 

 

2.provide each and every address you used in past 5 years. (private info?)

 

       a. with respect for address above provide dates you were at each address.(respond same as above?)

 

3.set forth in detail each and every payment you made to wells fargo and date of each payment and cancelled checks

 

 

        a. if you are unable to provide answers to #3 provide specific reasons why not and the grounds therefore.

 

        b. if you are unable to provide answers to #3 but nevertheless did make payments to Plaintiff (Cach LLc, I believe they mean)   please state method of payment.

 

 

                    i. if payments were made from a bank acct provide all bank names and account numbers (the above 3 I have no knowledge of - should I just state this?)

 

.

4.please state name address and short summary of the testimony of each witness you intend to call at trial (I dont have any - should i just state private information?

 

 

5.provide the bank names and acct numbers for bank accounts held in your name or used by you from oct through Jan 2012 (I stated objection, that this was overly burdensome info to provide)

 

6.set forth in detail a complete list of all exhibits which you intend to introduce at trial (since i have no exhibits do I just say none?)

 

 

7.set forth the names and addresses phone numbers curriculum and a detailed report or statement as to the testimony of any expert witness you intend to call at trial. (private and privileged information?)

 

 

8.set forth in detail all facts which support any affirmative defenses which have you have asserted   (are the defenses part of what I send back in the request for their documents? can you help me word that??

 

 

         a identify any and all persons or entities who have information which may support such facts (should I still say objection this is private and privileged info?)

 

 

         b identify any and all documents which may support any such facts  (not sure how to answer this - I do not have anything about this credit card)

 

 

9. as to each denial in you Answer to Plaintiffs Complaint, state all facts upon which you base the denial.   ( how can I word this?)

 

 

10. Why did you fail to make the payments to Plaintiff under the Customer Agreement?  (Note definition number 2)  Again, I am stating that I had no knowledge of said credit card in the first place)

 

 

 

Do I HAVE to do all my answers on pleading paper?   hmmmmmm i guess I will -just saw another post about this..... 

 

Any help would be appreciated by you all.   thanks so much....

 

 

and by the way for texasrocker above, as far as motion to strike the bill of sale:  So I should NOT file this with my paperwork?

thanks again

[texasrocker]

and by the way for texasrocker above, as far as motion to strike the bill of sale:  So I should NOT file this with my paperwork?

thanks again

You don't file any motions now, that is way later.  The bill of sale is inadmissible garbage even without any motions filed- if and when the time comes you basically just need to object to it.  They have already set themselves up to get slammed in discovery by the wording of it.  At this time you need to delve into and familiarize yourself with Arizona procedures & rules and the court's rules and get your answers in before the deadline.  Someone in Arizona or knowledgeable of Arizona procedure should step forward to assist you.  

 

For starters deny anything pertaining to the account, object to anything personal other than your name and address, and for the ones asking about future intentions at trial just say, "None at this time."

[hot in az]

Hi from Az Just saw this post. The things they are sending now are crazy.  However I will find a good post from Az for you to look at. You do not file any motions now in the discovery phase. You have 40 days after your answer to complete this. After you get the answers done to the stuff they sent you, you need to send them your RPD and RFA.  How long do you have to get these answered??

[jayinaz]

hey thanks for the response (big sigh)!

 

I have until august 12 to respond.   I completed the response to production of docs (response mainly unaware of any such doc...) and the response for admissions and non uniform interrogatories, and response to another set of non uniform interrogatories.  (Denied for most part and gave no information which I don't have anyway except for name and address)  Did all that on pleading paper and now.....

 

I am typing out the "definitions" for the RPD and RFA to be directed to them and will be writing out the questions that follow.  

 

 

?  should i use their same definitions?

 

?  Do I send these out the same day that I file my answers on august 12?

 

thanks again!  

[hot in az]

If you can find the post under Sued Pima County  look at Bruno's 12 requests for Production of Documents. Also ABCand123 has some good answers to request for documents.  And Bravoflaco as well. I refer you to them because they never sent me any of this stuff. I was lucky I got to skip all these questions. The requests in the discovery part are sent between the parties. I would send your answers to theirs seperate from your requests to them. I would get your responses off ASAP.  I would wait until like 6 days before the deadline to mail your requests off. LOL

Always send them CMRRR and keep the green cards and P>O> receipts to get your costs back. I also write a sticky note on the card what I mailed so I did not get confused.

 

Also forgot to ask you. After you filed your answer you did file a disclosure form with the court right?? You have 40 days after filing the answer to file the Defendan't disclosure form with the court and send a copy to opposing party. AZ Rule 26.1

[hot in az]

Forgot to tell you  ABCand 123 and Bravoflaco's posts are on page 4

[jayinaz]

thank you again,...!!!

 

. um... in answer to your question about the disclosure form I think I did  - I did the answer and then I filed another thing which I think was disclosure - I have everything.. I just cant find it at this moment.   And I do have 2 green post cards so far.  

 

ok so I am going to read the above right now.   TIme is getting short so ahhhhhh.    I  have to send my response back before the 12th but do I also have to go back to the courthouse again to file my stuff to them after but before the 12th?  

 

I was hoping to do it all on the same day.   ?

[hot in az]

Yes as it is due by the 12th send it on the same day but mail in different envelopes. Did you check to see if you mailed them Defendant's Diclosure Statement?? This has to be time stamped at the court and mailed to them within 40 days of filing your answer.  I go the form(pleading paper) at the court filled it out there , mailed off.

 

It says something like this:

Instructions:

The Arizona Rules of Civil Procedure require that each party share with the other party all information known etc.....

1. What are the facts supporting the claim

2. A description of the damages and copies of exhibits etc.......

3 What law supports your claim

4.List of Witnesses

5. List of Documents and Other Information

 

Did you fill a form like this out??

[hot in az]

Hi Going to bump you up. Did you send a disclosure form?  Sorry Az has weird laws and this is one you have to comply with.

[jayinaz]

yes I did the disclosure and in time, I should have remembered because that day I about lost it (little did I know that was nothing compared to later)

 

 I found all my paperwork and its all in the order it was processed w notes and everything. 

 

I am completing my requests for the plaintiff and using their wording and format for the "definitions" part and the short blurb before that regarding responding in certain time frame and the "Instructions for use"  right after that.  That's a lot of typing but I'll be working on it in the next several hours.   THAT DOES ALL HAVE TO BE DONE RIGHT?

 

Thank you for your responses so far!!   This is the 2nd day of my "weekend" and I have to get this done today to drop off Thursday tomorrow.   Saving Friday for emergency if case I have to change anything before I go to the courthouse to file (and in separate envelopes - yes I was going to make sure it was all separate!     

 

I will probably have some questions in a little while after I get all this typing done and go over everything.......

 

thanks again...

[jayinaz]

Here's the preamble -  just to show you what was sent and everything (looks like a lot of overkill to me and I also found 5 typos... just thought I'd mention that as an aside.. hmm..humph)

 

This is the stuff that preceded the rpd and rfas:   

 

The Justice Court Rules of Civil Procedure allow a party to request from another party up to ten (10) 

 

documents or items, or up to ten (10) catagories of documents or items.  If you do not produce a document 

 

or a category of documents or items because you object to a specific request,  you must state your reson for 

 

your objection.  A party may also request to enter on to designated land or other property to inspect it, or to 

 

take measurements, photographs or samples.

 

A party who produces documents must provide them as they are kept in the usual course of business, or they 

 

must organize and label them in responese to the reqeusts.   Electronic documents or electronic records 

 

must be produced in the format that has been requested or in the format that the electronic documents or 

 

records are usually kept.

 

   You must provide your original response to requests under this rule to the party who sent them to you, and 

 

you must provide a copy to every other party in the lawsuit.  Your responses to requests made under this 

 

rule is due forty (40) days after the reqeusts have been served on you, unless the reqest were served with 

 

summons and complaint, in which case your response is due within sixly (60) days after the date of service, 

 

or unless ordered by the courts.  If you do not comply with the requests that have been made in this notice, 

 

the party who served them may file a motion asking that the court order you to comply.  If the court enters 

 

that order, the court may also require you to pay expenses, including reasonable attorney‘s fees, 

 

incurred by the other party in obtaining the order.  If you fail to comply with this order, the other party may 

 

ask the court to impose additional pentalites against you, including:  that you may not introduce evidence of 

 

some or all of your claims or defenses this lawsuit; if you are a plaintiff, that yhour lawauit be dismissed; or 

 

if you are a defendant, that judgement be entered against you by default.

 

 

 

INSTRUCTIONS FOR USE

 

1. In producing the documents listed below, you are requested to furnish all documents known or available 

 

to you regardless of whether a document is currently in your possession, custody, or control, or that of your 

 

attorneys, employees, agents, investigators, or other repersentatives, or is otherwise available to you.

 

2. If for any reason, you are unable to produce in full any document requested: 

 

A   Produce each such document to the fullest extent possible;

 

B   Specify the reasons for your inability to produce the remainder; and

 

C.  State in detail whatever information, knowledge, or belief you have concerning the 

 

whereabouts and substance of each document not produced in full.

 

3. If any document requested was at one time in existence, but is no longer in existence, please state for 

 

each document as to which that is the case:

 

A. Type of document:

 

B. The type of information contained therein:

 

C. The date upon which it ceased to exist;

 

D. The circumstances under which it  ceased to exist:

 

E. The identity of all person having knowledge or who had knowledge of the contents thereon.

 

4. For each document requested which you are unable to produce and which was at any time within your

 

 possession, custody or control, or to which you had access at any time, specify in detail:

 

 

A. The nature of the document ( I.e., letter, memorandum, etc);

 

B. The author of the document;

 

C. All recipients of the documents and copy thereof;

 

D. A summary of the information contained in the document:

 

E. The date on which you lost, relinquished, or otherwise ceased to have possession,custody, 

 

control of, or access to the document;

 

F. Identify all persons having knowledge of the circumstances whereby you lost, relinquished, or 

 

otherwise  ceased to have possession, custody, or control of or access to the document; and

 

G. Identify all persons who have or have had knowledge of the contents of the document, full or in part.

 

5. In the event you seek to withhold or do withhold any document, in whole or in part, on the basis that it is 

 

not subject to discovery, produce a list of all such documents and, as to each such document, state:

 

A.The name of each author, writer, sender or initiator of each such document;

 

B. The name of each recipient, addressee or party to whom such document was sent or intended to be sent:

 

C.The name of each and every person who received a copy of the document;

 

D.The date of the document or, if not date appears on the documentm, the date the document was

 

prepared;

 

E.The title of the document, or if it has no title, then such other description of the document and its

 

 subject matter as shall be sufficient to identify the document; and

 

F.The grounds claimed for withholding the document from discovery (e.g., attorney-client privilge,

 

 work product, or any other grounds), and the factual basis for such a claim.

 

6. In accordance with Rule 125 (a), Justice Court Rules of Civil Procedure, as to each document produced, 

 

you are requested to designate the paragraph and subparagraph of this request to which each such document 

 

is responsible.

 

7.If you disute the propriety of Instructions 2, 3, 4 and/or 5, supra, as being outside the scope of Rule 125 or 

 

otherwise objectionable, then consider such instructions as interrogatories posed pursuant to Rule 124, 

 

Justice Court Rules of Civil Procedure, and answer them accordingly.

 

8.This Request is a continuing one, and requires that you produce all responsive documents and tangible  

 

objects whenever you obtain or become aware of them, even if they are not in your possession or available 

 

to you on the date you first produced documents pursuant to this Reqest. 

 

 

 

DEFINITIONS

 

The following definitions are to be used in responding to the following interrogatories.

 

 

1. “Defendant” “you” or “Your” means the Defendant in the above captioned matter, and the past and 

 

present employees, representatives, agents and attorneys of Defendant.

 

2. “Any” “each” and “all” shall be read to be all inclusive, and to require the production of each and every 

 

document (as hereinafter defined) responsive to the particular request for production in which such term 

 

appears.

 

3.”And” and “or” and any other conjunctions or disjunctions used herein shall be read both conjunctively 

 

and disjunctively so as to require the production of all documents (as hereinafter defined) responsive to all 

 

or any part of each particular request for production in which any conjunction or disjunction appears.

 

4. “Person” means an individual, firm, corporation, association, organization or any other entity.

 

5. The term “document” includes all electronic media or other tangible forms in which information is stored 

 

and includes all written or graphic matter of every kind and description, however produced or reproduced, 

 

WHETHER DRAFT OR FINAL, original or reproduction, including, but not limited to, letters, 

 

correspondence, memoranda, notes, films, transcripts, contracts, agreements, licenses, memoranda of 

 

telephone conversations or personal conversations, microfilm, telegrams, books, newspaper articles, 

 

magazines, advertisements, periodicals, bulletins, circulars, pamphlets, statements, notices, reports, rules, 

 

regulations, directives, teletype messages, minutes of meetings, interoffice communications, reports, 

 

financial statements, ledgers, books of account, proposals, prospectuses, offers, orders, receipts, working 

 

papers, desk calendars, appointment books, diaries, time sheets, log, movies, tapes for visual or audio 

 

reproduction, recordings, or material similar to any of the foregoing, however denomated, and including 

 

writings, drawings, graphs, charts, photographs, data processing results, printouts and computations (both in 

 

existence and stored in memory components), and other compilations from which information can be 

 

obtained or translated, if necessary through detection devices into reasonably usable form.  THE TERM 

 

“DOCUMENT” INCLUDES ALL COPIES OF A DOCUMENT WHICH CONTAIN ANY ADDITIONAL 

 

WRITING, UNDERLINEING, NOTES, DELETIONS, OR ANY OTHER MARKINGS OR 

 

NOTATIONS, OR ARE OTHERWISE NOT IDENTICAL COPIES OF THE ORIGINAL.

 

6. For purposes of these Requests, “Plaintiff” shall also mean xxx  Bank (original creditor), its 

 

predecessors and /or successors-in-interest, including but not limited to CACH, LLC.

 

 

I preceded MY stuff with all this too unless you think that some of it isn't necessary coming from my side....Anything??

 

thanks   Taking a quick break before printing out all this madness,,,,,,be back....

[BV80]

 

 

2.provide each and every address you used in past 5 years. (private info?)

 

       a. with respect for address above provide dates you were at each address.(respond same as above?)

 

 

 

@jayinaz

 

 

 

That's really not private information.  If you've lived at the same address for the last 5 years, provide it. 

 

 

3.set forth in detail each and every payment you made to wells fargo and date of each payment and cancelled checks

        a. if you are unable to provide answers to #3 provide specific reasons why not and the grounds therefore.

        b. if you are unable to provide answers to #3 but nevertheless did make payments to Plaintiff (Cach LLc, I believe they mean)   please state method of payment.

 

 

In the instructions, under the definitions, they provided the definition of "plaintiff":

 

6. For purposes of these Requests, “Plaintiff” shall also mean xxx  Bank (original creditor), its 

 

predecessors and /or successors-in-interest, including but not limited to CACH, LLC.

 

Did you EVER have more than one account with WF?  If not, I might respond with:

 

 

For #3, I might state "Defendant is searching his records and will respond if any such records are located."

[jayinaz]

ok thank you, got it.   Really have gotten better in the last week with understanding the legal wording...

 

As far as the format goes should I also use the form they used regarding the Notice of Service ("introducing" my request  for rpds and the rfas and also the Notice of Service of Defendants first supplemental Disclosure Statement which is the first sheet introducing everything following?

 

I am kind of mirroring what they sent me.....?

 

thanks!!

[BV80]

@jayinaz

 

If you're referring to the court header, in my state, everything has the court header:  party names, case number, etc.  I think that if you mirror what they did, you should be fine.  That being said, be sure to read your court rules.

[jayinaz]

Hello!   I just files my responses and my requests yesterday and the lady at the desk who filed them for me asked if I had filled out a motion to set and certificate of readiness.

 

Well, I didnt, I am sure.   How do I fill that out and I should I do that right away??

 

 

It's always something to make me crazy that I already am... and that's a lot.   Please help?

[hot in az]

The responses to what they sent you in discovery and what you send to them in discovery is not filed with the court but only mailed tp the atty. I'm so sorry I should have told you that.  The clerk must have been new because I have not a clue what she was asking you for. Did you mail the stuff to the atty??/ You don't have to do anything else in this discovery phase now since you filed your Disclosure form with the court and other party you are good until they set the pre-trial conference.

[UCL]

Have you filed an answer?

Were you served by a person handing you the papers at the front door? Your post doesn't clarify. Merely leaving papers "at the front door" without someone having answered the door is not sufficient.

UPDATE: Never mind, I see that you answered. If you had any service defenses they've probably been waived.

[UCL]

Also, here's the rule that applies in computing your time to respond to discovery requests:

"The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 40 days after the service of the interrogatories, except that a defendant may serve answers or objections within 60 days after service of the summons and complaint upon that defendant, or execution of a waiver of service, by that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory."

[jayinaz]

ok, wow, I have filed everything with the court from the beginning and the clerk this last time looked at our filings and said this case was really dragging on.   I asked what she meant and she said that usually these cases are already done and over with in a couple of months.   I'm like really? okaaaay..

 

Anyway, I did mail 2 copies to the atty and also 2 copies of my requests to them before aug 12 so I guess I am just waiting now for them to send something back now?   

 

I am on my "weekend" time now and have finally been able to relax a little - is there any thing I should be preparing or getting ready for now?   

 

Thanks for all the assistance!!