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Did I Blow It?


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Before I filed my Answer to a summons I called the Plaintiff's attorney and offered the amount that I was going to have to pay to file my answer as a settlement amount. I told their person handling my case that I might as well offer them what I was going to pay to file my answer in order to make them drop the lawsuit. 

 

They didn't bite. 

Did I mess things up by offering to settle?

 

btw I never acknowledged the debt being mine nor did I admit to anything. 

 

 

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Nah, I think you're fine. You made an offer to avoid the nuisance of going to trial with those jokers. Would have loved to hear their reaction to your offer. Down the road, after you beat them, you can file to have them cover the cost you paid for filing your answer.

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Your ok you just made an offer to avoid the time and expense of going to trial and did not admit any liability.

 Rule 1 don't talk to the junkdebtbuyers.

 Rule 2 if you feel like talking to the junkdebtbuyers refer to rule one.

 

 

 

 

 

 

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@HotWheels96, Yes, I've Answered the summons, responded to their ROGs and ROAs w/o admitting a thing. I also sent them demand for BOP,to which they sent the exact same thing they sent me when I requested DV. 

I know they don't have anything, as the 3 items they continue to send me are:

1. General BOS that does not include my name or acct. number

2. A year's worth of CC statements

3. A copy of a CC agreement

 

My CMC is at the end of the month. I don't have to have all of my discovery done before then, right?

I am planning to send them request all of their documents and ROAs. 

Is it possible to get a dismissal at the CMC? 

Any suggestions?

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@HotWheels96  

I filed my CMC statement & sent them a copy, too.

Hahaha, the BOP they sent didn't include all of the statements from the alleged account. The year of statements only show the balance and a payment by a "bill pay service". I believe they were trying to show it was still w/in the SOL. They don't show any purchases or how the balance came to be.

I also demanded the signed CC agreement, but they gave me a copy of something generic.

The first time they sent me the statements the account number was not redacted. 

The next two times the crossed out with a Sharpie most of the account number on each page.

 

Here's my original thread :

http://www.creditinfocenter.com/community/topic/321163-requests-for-admissions-help/

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Your ok you just made an offer to avoid the time and expense of going to trial and did not admit any liability.

 Rule 1 don't talk to the junkdebtbuyers.

 Rule 2 if you feel like talking to the junkdebtbuyers refer to rule one.

 

 

 

 

 

 

I would add: Rule # 3: Speak ONLY to the lawyer

There are times when you will have to speak to the lawyer & times when it will be beneficial for you to do so.

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I think I'm too late to send a meet and confer letter. 

I did call them twice and documented my conversation on the CMC statement. I sent a copy to the Plaintiff's attorney. 

When I called the plaintiff's attorney's office all they were willing to do was set up a payment program. I told them that I was disputing the debt and just wanted to know if they wanted a jury trial or not. She told me to consult my own attorney regarding the trial. (Calawyer suggestion)

I did my due diligence. 

 

I didn't send them a response to the BOP response. Is there a time limit? They responded on 8/2 and then again on 8/7. The response on the 7th included a "verification" by the Plaintiff's Staff attorney stating that the "attached documents are directly related to the said Account."

 

I'm going to send a follow up using the following template, if it's not too late for me to send it. 

http://www.creditinfocenter.com/legal/bill-of-particulars.shtml

 

Do I still have time?

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You are not too late to send a M&C on the BOP. The BOP does not have the restrictions that can complicate other forms of discovery. In fact you are really not required to send a M&C with the BOP; but it is a good idea to do so (the judge will prefer you to try to settle matters before involving the court).

When you tell them in your M&C letter that you will file a motion to "preclude evidence or in it's alternative to compel a further BOP response" in 10 days; make sure you do so. Do not send the impression of one who makes idle threats.

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My CMC is at the end of the month. I don't have to have all of my discovery done before then, right?

I am planning to send them request all of their documents and ROAs. 

Is it possible to get a dismissal at the CMC? 

Any suggestions?

 

 

It would probably be good to send discovery before your CMC, so that you can say that discovery is pending. However, If am not mistaken, the discovery cutoff is actually 30 days before the trial. Which means you have to add 30 days for the Plaintiff to respond and then add 5 more days if you're going to have them served by mail. So, the last moment to serve any meaningful discovery is 65 days before trial. But, I'd add 5-10 more days as a buffer, as I recently had the experience of seing my mail taking forever to get to get to Plaintiff. It was sent by CCMRR, but it got stuck between two postal hubs for something like 3-4 days.

 

You'll have to check your local rules of Court, but some Courts (like my local Court) will let you ask for mediation, arbitration, etc. in your case management statement (we don't have the conferences here in limited civil, just the CM statements). Check with others to be on the safe side (I am not a Lawyer), but one option that may do you good is a Judicial non-binding arbitration. See if your court allows it. It's basically like a trial before trial, but if the Plaintiff prevails, then you can file for a request for a new trial (Trial De Novo). At least, this may give you some practice in the trial setting.

 

Good going so far! We've been blessed in my area to have access to all Court cases and docs online, but it's so endlessly frustrating to me that there is all this access, yet I can find so few cases where people actually fight. 99% of them go like:

 

Complaint,

Civil Case Cover Sheet,

Statement of Venue Declaration,

Summons,

Proof of service - mailing,

Request for dismissal of DOES

Request for default by clerk,

Default by Clerk Entered,

Request for default judgment,

Judgment,

Writ of execution.

 

Pretty depressing, indeed :(

 

The fact that you're fighting like this is awesome. Keep your head up!

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Thanks for everyone's input!!

Now, I have perhaps a silly questions, but I don't want to mess up my case because I didn't follow protocol. 

I'm going to use Calawyer's template and exclude the paragraph about the objection. 

http://www.creditinfocenter.com/legal/bill-of-particulars.shtml

 

My question:

Can I just write this as a simple word doc letter?

Or do I need to put it on the form that includes the name of the court, plaintiff, defendant, case number and title of what I'm sending?

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This is what I’m thinking of sending them tomorrow:

 

On July 30, 2013 Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below plaintiff’s response is entirely deficient. 

 

Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate a payment by a “Bill Payer Service” and a “New Balance Total”. 

 

Please serve a full response on or before August 29, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. 

 

This is an attempt to meet and confer to avoid the necessity of motions to compel. 

 

Question: Should I word it differently? And if so, please give me some suggestions on how to re-word the following.

  1. “It has not provided the underlying contract.” (They sent me a generic contract that doesn’t reference the account stated in the complaint)
  2. “Nor has it provided any contract of assignment…” (They sent me a general BOS w/o reference to me or the alleged account).
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This is what I’m thinking of sending them tomorrow:

 

On July 30, 2013 Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below plaintiff’s response is entirely deficient. 

 

Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate a payment by a “Bill Payer Service” and a “New Balance Total”. Take this sentence out - it doesn't help

 

Please serve a full response on or before August 29, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. 

 

This is an attempt to meet and confer to avoid the necessity of motions to compel. 

 

Question: Should I word it differently? And if so, please give me some suggestions on how to re-word the following.

  1. “It has not provided the underlying contract.” (They sent me a generic contract that doesn’t reference the account stated in the complaint)
  2. “Nor has it provided any contract of assignment…” (They sent me a general BOS w/o reference to me or the alleged account).

 

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This is what I’m thinking of sending them tomorrow:

 

On July 30, 2013 Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below plaintiff’s response is entirely deficient. 

 

Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate a payment by a “Bill Payer Service” and a “New Balance Total”. 

 

Please serve a full response on or before August 29, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. 

 

This is an attempt to meet and confer to avoid the necessity of motions to compel. 

 

Question: Should I word it differently? And if so, please give me some suggestions on how to re-word the following.

  • “It has not provided the underlying contract.” (They sent me a generic contract that doesn’t reference the account stated in the complaint)
  • “Nor has it provided any contract of assignment…” (They sent me a general BOS w/o reference to me or the alleged account).

At the top you put please respond within 10 days " or it will be precluded from giving evidence thereof." Take that out. You can say or I will file a motion to compel, or in the alternative preclude for giving video e thereof. You can't say it will be precluded, because you don't know what the judge will do.

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