spacejam

Cach vs Spacejam need help please

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Been reading the forums alot to be prepared for worse case scenario, and now with them serving me I am reaching out for help.  I will try to post everything here with hopes that I can have this dismissed.

 

 

 

 

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.)

Scumbag Law Group LLC (keeping it somewhat confidential in case they are lurking)


3. How much are you being sued for?

$3k+

4. Who is the original creditor? (if not the Plaintiff)
GE capital 

5. How do you know you are being sued? (You were served, right?)
Some guy handed me the summons paperwork at my door step

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

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

I'm not sure, I didnt sign or receive anything except for the summons

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

Certified letter from law firm, validation notice stating that i have 30 days to dispute the validity of the debt 

9. What state and county do you live in?

King, Washington

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Jan 2011, looks to be charged off and acct closed as of 12/ 2011 according to my credit reports, 

 

11. What is the SOL on the debt?

Washington i think is 6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Complaint filed with court

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Yes with OC

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.

Yes, first was in april, and they failed to provide me any validation, they sent an intent to sue letter in july.  I responded with another letter stating they failed to provide any validation.

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?

 

it says 20 days,  i was served saturday sept 7th

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract?
Complaint, an affidavit of sale, a copy of 1 monthly statement, pursuant to service members civil relief act, and a letter stating i can still settle this matter and avoid going to court.

 

Any help is greatly appreciated.

 

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This is the complaint

 

 

cach, llc plaintiff

 

 

vs

 

spacejam and jane doe   defendants

 

 

For its cause of action herein plaintiff alleges:

 

1. Plaintiff is a colorado corporation in good standing, has all necessary licenses and has paid all applicable fees.

 

2. Defendants spacejam comprise a martial community under the laws of the state of Washington and reside in King County.  Each of the acts or occurrences set forth herein benefitted them individually and benefitted their marital community.

 

3. Defendants spacejam owe Plaintiff the principal sum of $3K+ plus interest at the rate of 12% per annum plus costs of suit, pursuant to the terms set forth in the affidavit of sale and the statement of account.

 

Wherefore, plaintiff prays for judgement against defendants as follows:

 

a. for $3K+ principal plus interest at the rate of 12% per annum

b. for cost of suit and either a statutory attorneys or a reasonable attorneys' fee pursuant to the R.C.W 4.84.250

c. for such other and further relief as the court deems just and equitable.

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The first thing is go to Washington Rules of civil procedure. That will walk you thru the steps you will take.  The first thing is to find out if it is legal to sue you without proper debt validation.  I will look it up tommorrow . It is too late tonight. But they have to tell you if you disputed the debt who the oc is and the amt.  And you have the 20 days to answer or if they did not do proper DV you may wnant to file a Motion to Dismiss the complaint in lieu of the answer.  If it is denied you still have 20 days to file an answer. 

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Affidavit of Sale

 

STATE of :  Minnesota

 

County of:  Ramsey

 

 

Before ME on the day and date set forth below, the undersigned Notary, being qualified and commissioned in and for the county and state aforesaid, personally came adn appeared William G Dunkel Jr. who bing duly sworn, did depose and say:

 

Affiant is a Collections Operations Representative at GE capital retail bank, issuer of the relevant consumer transaction/ credit card.  I have reviewed the information below regarding the debt XXXXXXXX (the Account) made by space jam ( the debtor) made payable to ge captial retail bank and subsequently sold to cach llc.

 

The amount owed on the account on 12/28/2011 is $3k+ was sold to cach llc and is reflected in the system of GE capital retail bank.

 

The following statement pertains if the debtor referenced above is a state of california resident: I certify under the penalty of perjury under the laws of the state of california that the foregoing is true and correct.

 

dated april 2013.

 

 

signed by william and the the notary

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Also someone from your state or Oregon will chime in tommorrow. And Ca  deals with Cach.  Just trying to let you know we all care, even this late at night.

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IN THE IN DISTRICT COURT OF YOUR COUNTY
Cach LLC
Plaintiff
Vs.
your name
Defendant
Civil Case #
DEFENDANT’S ANSWER TO PLAINTIFF'S COMPLAINT
Now comes the Defendant for his Answer / Defenses to Plaintiff's complaint and states as follows:
1. Plaintiff is a colorado corporation in good standing, has all necessary licenses and has paid all applicable fees.
Response: Paragraph 1 of the Complaint states a legal conclusion for which no answer is required. To the extent that an answer is required, Defendant denies the allegations of Paragraph 1 of the Complaint.
 
2. Defendants spacejam comprise a martial community under the laws of the state of Washington and reside in King County. Each of the acts or occurrences set forth herein benefitted them individually and benefitted their marital community.
Response: Paragraph 2 of the Complaint states a legal conclusion for which no answer is required. To the extent that an answer is required, Defendant denies the allegations of Paragraph 2 of the Complaint.
 
3. Defendants spacejam owe Plaintiff the principal sum of $3K+ plus interest at the rate of 12% per annum plus costs of suit, pursuant to the terms set forth in the affidavit of sale and the statement of account.
Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint, and therefore denies the same.

4.Wherefore, plaintiff prays for judgement against defendants as follows:
a. for $3K+ principal plus interest at the rate of 12% per annum
b. for cost of suit and either a statutory attorneys or a reasonable attorneys' fee pursuant to the R.C.W 4.84.250
c. for such other and further relief as the court deems just and equitable.

Response: This portion of the complaint the plaintiff describes the remedies that the plaintiff seeks from the court.To the extent this paragraph contains any factual allegations, they are DENIED.
As to all remaining allegations of fact in the numbered or unnumbered parts of of the complaint not specifically admitted, Defendant denies all such allegations. As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or information to respond to such legal conclusions and, therefore, denies them and leaves plaintiff to its proofs.

AFFIRMATIVE DEFENSES
By and for his Affirmative Defenses, Defendant states:
First Affirmative Defense
1. Plaintiffs’ Complaint fails to state a claim upon which relief may be
granted against defendant.
 
Second Affirmative Defense
2.Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing.

Third Affirmative Defense
3.Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.

Forth Affirmative Defense
4.Plaintiff in filing this Complaint has not produced a copy of the executed agreement it seeks to enforce.

Fifth Affirmative Defense
5.Defendant reserves the right to plead additional defenses or cross-claims or counter claims that may be identified during the Defendant's investigation and / or course of discovery.

Respectfully Submitted,
WHEREFORE, Defendant prays that this Court find judgment for Defendant,
deny Plaintiffs’ request for the relief of $3000.00, deny Plaintiffs’ request for interest, deny Plaintiffs’ request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs’ request for any relief. Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with prejudice.


CERTIFICATE OF SERVICE
On September 09, 2013, I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below:Attorneys name and address here
By Certified U.S. Mail, Return Receipt Requested By U.S. Mail.
My Name here
my address
my phone

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spacejam don't prepare for worst case scenario prepare for the best scenario.

With a little study you will become a master of the courts the junk debt buyers worst nightmare.

You will need to stock up on a few things like ink and paper and stamps also legal envelopes.

Make plenty of time to study and for the preparation of documents and always turn paperwork in on time.

Use your opponent's documents against them.

If you have questions just ask.

Good Luck !!!

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Thanks for the response race car.

 

So my next step is to respond to the summons with an answer, and to do this do I need to get a template from my states court's archive?

 

Do i include the affirmative defenses with the answer?

 

As for the certificate of service do i pull this from the courts archive as well? And do i need to state "On September 09, 2013, I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below"

 

Also how soon do i do the certificate of service?  after confirming they received my answer? 

 

Thanks again for all the help!!

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Preparing For Your Day in Court - Washington State Bar Association

CR 5(a) - Washington State Courts - Court Rules

Documents that do not meet the necessary requirements will be returned and may result in a $15 faulty document fee.

Following the guidelines will save you time and money

Provide Copies of All Pleadings to Every Party

Provide Your Judge with Working Copies

Working Copies

Judge’s Name

Date of Hearing

Study the court rules.

Ask a Law Librarian to help you study for court.

 

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If they did not provide you with verification of your debt after you had requested it, they have violated 15 USC 1692g.  If you have a genuine FDCPA violation, a consumer lawyer may be able to represent you without cost due to the FDCPA fee shifting provision.   I would contact www.attorneysforconsumers.com and run your case by them.  The consultation is free.

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So I read over the links that racecar had posted. And i still have a few questions.

 

 

So I contacted the county courts office, and there is no court date set.  So how do I go about filing my answer with the judge or do i only have to do it with the office clerk?  

Also do i submit it to Cach llc, or the law firm, or both?  

 

Who gets the certificate of service??  office clerk???

 

 

And this may be a dumb question but what is considered a working copy?  

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So can anyone help me the questions i posted above?  Time is running short for me i've been trying to study and review more. With no actual court date yet set, i havent seen any clear instructions.  So i'm hoping someone can help out.  Also after reviewing my letters i noticed the original letters they were sending stated that I owe $4k+ , but the lawsuit only says $3k+ can this help me in anyway?  Anything i can use to my advantage?  

 

Thanks again.

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filing your answer

Go to the courthouse find the court clerk hand her the copies of your paperwork she will stamp it.

Then you file a copy with the court send a copy to the plaintiff have a copy for yourself.

Then on your hearing day you will provide a copy to the judge, attorney, yourself.

 

CERTIFICATE OF SERVICE should be your last page.

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Okay been doing alot of reading and studying and thanks to racecar I have an answer i will be filing. 

 

1 question though in regards to paragraph 2.  The complaint is indicating i am married or in a marital community, which i have a girlfriend but we are not married or share any accounts or anything but residence, i do reside in king county, is it still okay to deny the entire paragraph or should i admit to residing in king county??  I dont want to shoot myself in the foot if it comes to questioning of where i live and i denied it.  Hope that makes sense.

 

Thanks in advance!!

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Put Defendant admits in part, denies in part. Then state you are not lawfully married, and deny marital community. Defendant admits he is a resident of king co.

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All,

 

So I have filed my answer with the court with certificate of service,  i have cmrr a copy to the lawyer from the summons.

What do i do now?  Is there some steps i should be doing in preparation? 

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HELP!!

I just received 3 documents 1 request for interrogatories, 1 request for admissions, 1 request for production.

I will try to post all 3 docs, on here. Not sure how to respond. I do not want to incriminate myself.

Thanks!!

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Here is the Request for Admissions

 

 

IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY

 

CACH LLC

 

  VS

 

SPACEJAM

 

 

To: SpaceJam, defendants, and through defendants attorney of record,

 

Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing.  You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below.

 

Instructions regarding requests for Admissions

 

            Pursuant to rule 36 of the Washington rules of civil procedure, you are requested to admit the truth of each of the matters stated below and to admit the genuineness of each of the documents attached as exhibits hereto.

 

            You are to respond to each of the following requests in writing and under oath within thirty days after service, by deleiver or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason(s) you cannot truthfully admit or deny the matter.

 

            Please note that if after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Plaintiff will object at trial or any hearing to your use or attempted use of any evidence that is inconsistent with matters that you have admitted or that you have failed to deny on a timely basis.

        

 

Authentication and use at hearings and trial:  You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial.

 

 

                                                                                    Scumbag lawyer

 

 

                                    Definitions

 

A.     “issuer” refers to GE Capital Retail Bank

B.     “Account” or “the Account” refers to account number XXXXXXXXXXXXXXX

C.     “Card” or “the Card” refers to the credit card that was issued on the account

D.    “Defendant” “you” “your” or “yours” refers to Spacejam

E.     “Plaintiff” refers to Cach LLC and encompasses any person, employee, or other entity authorized to act on plaintiffs behalf.

F.     “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone numbers; (5) the person’s employer and job title (6) if the person is a former employee of defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of defendant but has some other connection with defendant, for example, agent, independent contractor, officer, director, or customer, the person’s connection with defendant.

G.     “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian and contents.

H.    The word “Document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of defendant or defendants attorneys, agents employees, trustees, representatives, professional accountants and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received including without limitation; writings’ printings, drawings, graphs, charts, notes, typewritings, photographs, slides, or data compilation of any nature whatsoever, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions.

I.      “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/ or recordings of telephone calls and reports of meetings.

J.      “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

K.    “Credit Bureau” mean any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties.

L.     “Chargeoff Date” means xx/xx/2010

M.   “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort.  Possession, custody or control includes constructive possession such that the person need not have the actual physical possession. As long as defendant has a superior right to compel the production from a third party ( including an agency, authority or representative) Defendant has possession, custody or control.

 

 

Request for Admission 1

Defendant applied to issuer for issuance of the card

 

Response

 

Request for Admission 2

You signed the original application for the card

 

Response

 

Request for Admission 3

You used the card to make purchases or obtain extensions of credit

 

Response

 

Request for Admission 4

Defendant received the card

 

Response

 

Request for Admission 5

Defendant accepted the card

 

Response

 

 

Request for Admission 6

Issuer made cash advances to defendant, either as actual cash or in payment for purchases defendant made from third parties by using the card

 

Response

 

Request for Admission 7

Defendant accepted each such advance on the account

 

Response

 

Request for Admission 8

By accepting each such advance under the terms of the agreement applicable to the account defendant became bound to pay the amounts of such advances. Plus any additional charges provided for in such agreement.

 

Response

 

Request for Admission 9

Until at last the charge off date issuer sent to defendant on a monthly basis a statement of charges and balance due on the account.

 

Response

 

Request for Admission 10

Defendant did not, within sixty days of the date fo any billing statement on the account send to issuer a written dispute of the billing statement.

 

Response

 

Request for Admission 11

Defendant has failed to repay all of the advances made by issuer on the account

 

Response

 

Request for Admission 12

the balance due, owing and unpaid on the account after allowing all just and lawful payments, credits and offsets, was $3k as of xx/xx/2010

 

Response

 

Request for Admission 13

Defendant has made no payments on the account since xx/xx/2010

 

Response

 

 

Request for Admission 14

Defendant is indebted to plaintiff for the amounts asserted in plaintiff’s original complaint in this case.

 

Response

 

Request for Admission 15

Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of defendant

 

Response

 

 

 

I, SPACEJAM, state under penalty of perjury under the laws of the state of Washington that the preceding answers and documents are true and correct.

 

 

Spacejam signature and date

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@spacejam

 

Your post is really difficult to read.  If you don't mind, please repost or modify your post and separate every request.

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Here is the Request for production

 

 

IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY

 

CACH LLC

 

  VS

 

SPACEJAM

 

 

To: SpaceJam, defendants, and through defendants attorney of record,

 

Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing.  You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below.

 

Instructions regarding requests for production

 

 

         As to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the law office XXXXX for inspecting, copying or photographing pursuant to rule 34 of the Washington rules of civil procedure.  These requests apply to all described documents and tangible things over which defendant has possession, custody or control and production is to be made within thirty days after the date of service of these requests.  All original documents produced and identified as such shall be returned to defendant within thirty days following receipt thereof.  In connection with these requests you are instructed that the phrase “possession, custody or control” has the meaning set forth in the definitions section below.

 

                        Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted.

 

            Lost, Discarded or Destroyed Documents:  If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response:

 

1.     description of document

2.     date of disposal or loss

3.     manner of loss

4.     reason for disposal or explaination of loss

5.     person authorizing disposal

6.     persons having knowledge of disposal or loss

7.     person disposing of document

 

Authentication and use at hearings and trial:  You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial.

 

 

                                                                                    Scumbag lawyer

 

 

                                    Definitions

 

A.     “issuer” refers to GE Capital Retail Bank

B.     “Account” or “the Account” refers to account number XXXXXXXXXXXXXXX

C.     “Card” or “the Card” refers to the credit card that was issued on the account

D.    “Defendant” “you” “your” or “yours” refers to Spacejam

E.     “Plaintiff” refers to Cach LLC and encompasses any person, employee, or other entity authorized to act on plaintiffs behalf.

F.     “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone numbers; (5) the person’s employer and job title (6) if the person is a former employee of defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of defendant but has some other connection with defendant, for example, agent, independent contractor, officer, director, or customer, the person’s connection with defendant.

G.     “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian and contents.

H.    The word “Document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of defendant or defendants attorneys, agents employees, trustees, representatives, professional accountants and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received including without limitation; writings’ printings, drawings, graphs, charts, notes, typewritings, photographs, slides, or data compilation of any nature whatsoever, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions.

I.      “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/ or recordings of telephone calls and reports of meetings.

J.      “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

K.    “Credit Bureau” mean any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties.

L.     “Chargeoff Date” means xx/x/2010

M.   “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort.  Possession, custody or control includes constructive possession such that the person need not have the actual physical possession. As long as defendant has a superior right to compel the production from a third party ( including an agency, authority or representative) Defendant has possession, custody or control.

 

 

Request for Production 1

If defendant denies having received the Card please produce all correspondence between issuer and defendant.

 

Response

 

Request for Production 2

Please produce defendants checking account record for the period from 10/19/2003

 

Response

 

Request for Production 3

Please produce all billing statements from Issuer to Defendant

 

Response

 

Request for Production 4

Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence.

 

Response

 

Request for Production 5

Please produce true copies of all payments Defendant made on the Account

 

I, SPACEJAM, state under penalty of perjury under the laws of the state of Washington that the preceding answers and documents are true and correct.

 

 

Spacejam signature and date

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Here is the Request for Interrogatories

 

 

IN THE DISTRICT COURT OF WASHINGTON IN AND FOR KING COUNTY

 

CACH LLC

 

  VS

 

SPACEJAM

 

 

To: SpaceJam, defendants, and through defendants attorney of record,

 

Pursuant to Rules 26 through 37 of the Washington Rules of civil Procedure, you are to answer and respond to the attached Request for Production Separately, fully, and in Writing.  You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below.

 

Instructions regarding requests for Interrogatories

 

            Pursuant to rule 33 of the Washington rules of civil procedure, you are to answer the attached interrogatories separately, fully, in writing and under oath.  You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extend that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this case.

 

            Please note that if after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation.  Any amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly.  A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce evidence the material or information not timely disclosed.

 

         

 

Authentication and use at hearings and trial:  You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial.

 

 

                                                                                    Scumbag lawyer

 

 

                                    Definitions

 

A.     “issuer” refers to GE Capital Retail Bank

B.     “Account” or “the Account” refers to account number XXXXXXXXXXXXXXX

C.     “Card” or “the Card” refers to the credit card that was issued on the account

D.    “Defendant” “you” “your” or “yours” refers to Spacejam

E.     “Plaintiff” refers to Cach LLC and encompasses any person, employee, or other entity authorized to act on plaintiffs behalf.

F.     “Identify”, as used herein with regard to a person, shall mean to provide the following: (1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the person’s residential address and telephone number; (4) the person’s business address(es) and telephone numbers; (5) the person’s employer and job title (6) if the person is a former employee of defendant, the person’s last job title while so employed, and the date of termination; and (7) if the person is not an employee of defendant but has some other connection with defendant, for example, agent, independent contractor, officer, director, or customer, the person’s connection with defendant.

G.     “Identify”, as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian and contents.

H.    The word “Document” is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of defendant or defendants attorneys, agents employees, trustees, representatives, professional accountants and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received including without limitation; writings’ printings, drawings, graphs, charts, notes, typewritings, photographs, slides, or data compilation of any nature whatsoever, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions.

I.      “Communication” shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/ or recordings of telephone calls and reports of meetings.

J.      “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

K.    “Credit Bureau” mean any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties.

L.     “Chargeoff Date” means xx/xx/2010

M.   “Possession, custody or control” when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort.  Possession, custody or control includes constructive possession such that the person need not have the actual physical possession. As long as defendant has a superior right to compel the production from a third party ( including an agency, authority or representative) Defendant has possession, custody or control.

 

 

Interrogatory 1

Identify all persons who participated in the preparation of the answers to these interrogatories

 

Response

 

Interrogatory 2

If Defendant denies having received the Card identify any persons whom defendant believes may have received the Card

 

Response

 

Interrogatory 3

If Defendant Denies having used the Card identify any persons whom defendant believes may have used the card and state whether each such person was authorized by defendant to use the card.

 

Response

 

Interrogatory 4

If defendant denies having accepted each advance on the card, identify each advance or charge on the card that defendant disputes.

 

Response

 

Interrogatory 5

If defendant has reufsed to admit request for admission no. 9 state the factual basis of any such refusal to admit.  (no.9 Until at least the charge off date issuer sent to defendant on a monthly basis a statement of charges and balance due on the account)

 

Response

 

Interrogatory 6

If defendant has refused to admit request for admission no. 12 stat the balance that defendant belives to have been due on the account as of xx/xx/2010 and explain how such balance was calculated. (no. 12 The balance due, owing, and unpaid on the account, after allowing all just and lawful payments, credits and offsets, was $3k as of xx/xx/2010.)

 

Response

 

Interrogatory 7

If defendant has refused to admit request for admission no. 13 stat the date and amount of each payment that defendant has mad on the account since xx/xx/2010.

(no.13 defendant has made no payments on the account since xx/xx/2010.)

 

Response

 

Interrogatory 8

If you have reused to admit request for admission no. 14 state the facts on which you base your refusal to admit.  (no. 14 defendant is indebted to plaintiff for the amounts asserted in plaintiffs original complaint in this case)

 

Response

 

Interrogatory 9

If defendant contends or believes that the debt that is subject of this suit is the obligation of any person or entity other than defendant identify such other persons or entities and state the facts on which that contention or belief is based.

 

Response

 

Interrogatory 10

If you have refused to admit request for admission no. 15 stat the facts on which you base your refusal to admit. (no.15 defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of defendant.)

 

Response

 

Interrogatory 11

Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot be reasonably anticipated before trial.

 

Response

 

Interrogatory 12

Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such persons anticipated testimony and the opinions of each such person concerning the subject matter of this litigation.

 

Response

 

 

Interrogatory 13

Identify all persons whose mental impressions or opinons have been reviewed by any person whom you may call as an expert witness at trial.

 

Response

 

Interrogatory 14

If you are disputing only a portion of the account please identify which portions of the account are disputed and which are not and state the reasons for any such disputes.

 

Response

 

 

 

I, SPACEJAM, state under penalty of perjury under the laws of the state of Washington that the preceding answers and documents are true and correct.

 

 

Spacejam signature and date

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So those are all 3 documents.  Not really sure how to answer them without throwing myself under the bus.  Any help will be greatly appreciated. 

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