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Called the court today- it was nice that someone picked up the phone right away. She told me they did a subsitute service and written was by the process server- came to door- with a description of person they left papers with- well that person does not exist as it was guy and I live alone- I WAS NEVER SERVED AND THIS WAS OVER A MONTH AGO THE DATE WRITTEN ON THE SUBSITUTE SERVICE SHE SAY, She said they lie all the time- I have to request by mail to get a copy of it or go to courthouse to get it- So now they said you will get a court date eventually but not for a while- court backed up. she said you can use that in court with the judge improper service,  and I see I was told here to file a motion to quash or the clerk said I can wait till court date to ask for Motion to Quash.

 

should I wait till court of file motion to quash right away? 

 

This board is great and I am grateful for the help I have received so far!! ::drowning::

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I'd file the motion to quash. It puts them on notice that you're not going to be a pushover.

 

 

Also, I would sue the process server for fraud. Serve a copy of the suit on their bonding company. The bonding company will pay you to go away, and at the same time, cancel the bond. No bond = no process server. You've taken a lousy one off the streets. 

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I'd file the motion to quash. It puts them on notice that you're not going to be a pushover.

 

 

Also, I would sue the process server for fraud. Serve a copy of the suit on their bonding company. The bonding company will pay you to go away, and at the same time, cancel the bond. No bond = no process server. You've taken a lousy one off the streets. 

Yes I will do that as soon as I view the paperwork (subsitute service) from the court)

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Would one file a motion to quash and an answer at the same time? Does that make sense?

Can you file the motion to quash, the answer in case the motion is denied, and the BOP all at the same time?

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Would one file a motion to quash and an answer at the same time? Does that make sense?

Can you file the motion to quash, the answer in case the motion is denied, and the BOP all at the same 

I was told by the court that if you are not served properly, you can file the motion to quash even after you answered the complaint and appear in court for that before if your court date has not been set yet- The clerk even told me its more ammo for when you do get the trial date and appear as this is already done. He said its better to do it sooner rather than later. 

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Would one file a motion to quash and an answer at the same time? Does that make sense?

Can you file the motion to quash, the answer in case the motion is denied, and the BOP all at the same time?

 

Yes you can 

 

The BOP is not filed w/ the court but is sent directly to counsel. Send it CMRRR.

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I received my copy of proof of service of summons which is completely bogus, so I am filing a motion to quash today.I have a court date already for the motion  and the clerk told me the sooner the better- But what worries me is this- Once the JDB reserve me again on the same complaint? I assume not. As well I have to appear in court and the clerk told me to send a copy of the MTQ to the JDB,

 

I have also heard that I can sue the process server for violation. Should I do this ASAP or wait. I assume I serve them in small claims and what damages can I sue for?

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I received my copy of proof of service of summons which is completely bogus, so I am filing a motion to quash today.I have a court date already for the motion  and the clerk told me the sooner the better- But what worries me is this- Once the JDB reserve me again on the same complaint? I assume not. As well I have to appear in court and the clerk told me to send a copy of the MTQ to the JDB,

 

I have also heard that I can sue the process server for violation. Should I do this ASAP or wait. I assume I serve them in small claims and what damages can I sue for?

I would imagine an MTQ is usually unsuccessful if it's a my-word-against-theirs-type-deal, so hopefully you have proof it was bogus. I would assume even if your motion is successful they could either re-serve or refile in most cases. If your motion is denied, you then would have time to answer beyond the hearing. Not sure about the timing if you plan to sue the process server. If your motion is denied, that might not bode well for such a lawsuit, I would think. 

 

I'm probably not the best one to give advice, though, since I'm learning as I go with this. Hopefully one of the attorneys or more experienced members could tell you more.

If I learn anything new I'll post it here, though.

 

Good luck!

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Thank you for really taking the time to go over this with me- I will do this.

These may help. Since you are in La county I am assuming your case is at the Norwalk courthouse. I think that it will pay dividends for you to get that BOP out soonest like today. Certified mail return receipt requested. The BOP first then work on answer, then pushing for preclusion when they don't answer the BOP.

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If you are going to motion to quash, then make sure you in the introduction list the motion to quash statute and then bring the caselaw for all the things improper service

does ie removes the courts jurisdiction, removes subject matter jurisdiction etc.

 

 
these will have formatting plus there are threads devoted to motion to quash.
 
I want you to know this, this is not going to go away soon you have to be prepared for the long hall, the new debt collection laws will be in force if you do get the mtq granted.
 
In this instance a motion to quash will be a great tool to make the case harder for them with the higher evidence standards of the new laws debt litigation requirements
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Using mail to serve is permissible in small claims (if memory serves) but it has to be Certified. If it's a Rule 3.740 collections case, then service under CCP 415.10 is the only permissible means to serve the summons.

 

 

The only time the mail comes into play is under substituted service - in CA, the summons and complaint has to be left at your last known address with someone over 18 and then mailed to that same address. 

 

You have to get a copy of the proof of service filed and see if it was done as substituted service. 

 

If it does not comply with substituted service, then you should file a motion to quash service. 

They did not leave a copy at the address location- I was served in the mail only and were do you see if itis a  subsituted service  and is that legal in California Civil court  ,can someone decipher the link here and see if service by mail  only is legal in California http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95

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They can attempt serving you by mail only in CA, but it is a weak form of service IMO and totally depends on your cooperation. Read 415.30 of the link you provided. In order for this type of service to be considered complete, you need to sign the provided ACKNOWLEDGMENT OF RECEIPT OF SUMMONS, and return that to them. If you don't sign and return that acknowledgement, there is no service - end of story.

 

Now if they attempt this kind of service, it needs to include a notice that they are serving you per 415.30. That is mandatory. If you get a summons by mail and it does not include that notice, nor the Acknowledge of Receipt of Service, I would suspect that they are claiming substitute service (be it legit or not). Like I wrote, 415.30 is a weak form of service. I have trouble seeing  a JDB using it because if the defendant doesn't respond, I doubt they can pursue a default judgment off the failed service.

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I was issued a court date from about 9 months out from now.

I just received a Production of Documnents from Midland, Plaintiffs  Request for Admission for Defendant Set no.  one and Plaintiff's Special Interogatories to dedendant set one by regular mail last week There is an attached proof of service  checked with an X (by mail)

 

There is no stamped court file number at the the right of the top of  document.

 

In that they are asking me to:respond within 35 days

 they are asking for

1- Documents that relate to the  credit card assigned by the bank

 

2- Documents that relate to transactions by you

 

3- Documents relating to payments made

 

3-Documents relating to any correspondence with the bank received ro sent

 

4-Documents relating to telephone calls made my ne to the bank

 

5- Documents related to  telephone calls made to Midland

 

6- documents received to me from them Midalnd

 

then there is another document stapled to this one above also not stamped by the court,

Plaintiffs  Request for Admission for Defendant Set no.  one

 

1. Requests for Admissions as follows

 

Admit that

1 i applied to the bank re the account number xxxxx

 

2- I used the card

 

3- that i received monthky billing statements

 

4- made payments

 

5-that i owe $xxxx

 

6- admit that i have not repaid $xxxx

 

7 admit that my last payment was on  00/00/xxxx

 

8-that I received pre legal notification from plaintiff

 

9-admit that i did not dispose ownership of account

 

10-that exhibit A is tru and correct

 

11- admit that i did not dispute the accuracy of pre legal notification

 

12- admit I owe the money

 

 

I also have here not court stamped

Plaintiff's Special Interogatories to dedendant set one

questions asked are

1 your name as known last few years

2-each residence within the last few years prior to the date of your responsed

3-state employers you have filed tax returns with

4 did I ever report innacuracy to the bank regarding billing errors from statements

5 did i ever report the account was opened as a result of 

fraudently activity

6- state why I am not responsible for damages plaintiff is seeking

 

 

OK - So I have copies of some statements and that is all I have other than my documents with the court when I responded to the complaint.

I did not file a MTQ because I was told that they would just reserve me anyway and that I did not go it cause it costs 60 and I had just paid almost $200 to file the answer etc.

 

How should  I reply to them?

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These may help. Since you are in La county I am assuming your case is at the Norwalk courthouse. I think that it will pay dividends for you to get that BOP out soonest like today. Certified mail return receipt requested. The BOP first then work on answer, then pushing for preclusion when they don't answer the BOP.

 

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In that they are asking me to:respond within 35 days

 they are asking for

1-    Documents that relate to the  credit card assigned by the bank

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states he has no documents that relate to this account number assigned by bank.

 

2-    Documents that relate to transactions by you

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any transactions by me.

 

3-    Documents relating to payments made

 

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any payments by me.

 

3-Documents relating to any correspondence with the bank received ro sent

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any correspondence with the bank.

 

4-Documents relating to telephone calls made my ne to the bank

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents in his possession showing any telephone calls to the bank.

4-    Documents related to  telephone calls made to Midland

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any telephone calls made to midland.

 

5-    documents received to me from them Midalnd

After a diligent search and reasonable inquiry defendant has attached documents sent from Midland to me since the filing of this suit. (attach any correspondence they sent you after the filing of the suit)

 

then there is another document stapled to this one above also not stamped by the court,

Plaintiffs  Request for Admission for Defendant Set no.  one

 

1. Requests for Admissions as follows

 

Admit that

1 i applied to the bank re the account number xxxxx

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied. 

 

2- I used the card

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

3- that i received monthky billing statements

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

4- made payments

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

5-that i owe $xxxx

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

6- admit that i have not repaid $xxxx

 Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

7 admit that my last payment was on  00/00/xxxx

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

8-that I received pre legal notification from plaintiff

After a reasonable inquiry and diligent search the information known is insufficient to enable him to admit or deny this request, therefore denied.

 

 

9-admit that i did not dispose ownership of account 

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied  ? what is this question?

 

10-that exhibit A is tru and correct

 

11- admit that i did not dispute the accuracy of pre legal notification

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

12- admit I owe the money

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

 

I also have here not court stamped

Plaintiff's Special Interogatories to dedendant set one

questions asked are

 

1 your name as known last few years

State your name

 

2-each residence within the last few years prior to the date of your responsed

 

Objection On the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant. Without waiving Objection Defendant states his address is xxxxxxx and has resided there for xx years.

 

 

3-state employers you have filed tax returns with

 

Objection On the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant

 

4 did I ever report innacuracy to the bank regarding billing errors from statements

 

Objection  Defendant objects to the assumption there is an “account" to the extent that it assumes disputed facts and facts not in evidence.  The existence and validity of an account has not been proven. 

 5 did i ever report the account was opened as a result of fraudently activity

Objection, Defendant objects to the term "the account" to the extent that it assumes disputed facts and facts not in evidence.  The existence and validity of an account has not been proven. 

 

6- state why I am not responsible for damages plaintiff is seeking

 

Plaintiff assumes disputed facts and facts not in evidence.  The existence and validity of an account has not been proven. 

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did you send of the BOP request? did they respond?

Thanks for your repsonse  I never sent them one as I did not know I needed to. I just got that above in the mail- And thanks for that responce above, that is how I will do it. Should I be sending them one as well still? Please note court date is about 9 months from now

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seadragon in post 61 gave you a sample bill of particulars.  If you want to win this thing it is going to require some work on your part.  Send them the BOP, and then start looking around for a document request to send them.  Read astmedic's thread that is pinned in this forum, and also homelessinca's thread, there is a link to it in astmedics thread.

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Send a BOP on Monday.  THen take a look at 1111girl's thread for some sample responses.

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In that they are asking me to:respond within 35 days

 they are asking for

1-    Documents that relate to the  credit card assigned by the bank

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states he has no documents that relate to this account number assigned by bank.

 

2-    Documents that relate to transactions by you

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any transactions by me.

 

3-    Documents relating to payments made

 

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any payments by me.

 

3-Documents relating to any correspondence with the bank received ro sent

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any correspondence with the bank.

 

4-Documents relating to telephone calls made my ne to the bank

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents in his possession showing any telephone calls to the bank.

4-    Documents related to  telephone calls made to Midland

Objection: this request is overly broad, and unduly burdensome.  Also it assumes disputed facts and facts not in evidence.  Without waiving forgoing objection defendant states after a diligent search and reasonable inquiry he has no documents that relate to this account number showing any telephone calls made to midland.

 

5-    documents received to me from them Midalnd

After a diligent search and reasonable inquiry defendant has attached documents sent from Midland to me since the filing of this suit. (attach any correspondence they sent you after the filing of the suit)

 

then there is another document stapled to this one above also not stamped by the court,

Plaintiffs  Request for Admission for Defendant Set no.  one

 

1. Requests for Admissions as follows

 

Admit that

1 i applied to the bank re the account number xxxxx

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied. 

 

2- I used the card

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

3- that i received monthky billing statements

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

4- made payments

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

5-that i owe $xxxx

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

6- admit that i have not repaid $xxxx

 Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

7 admit that my last payment was on  00/00/xxxx

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

8-that I received pre legal notification from plaintiff

After a reasonable inquiry and diligent search the information known is insufficient to enable him to admit or deny this request, therefore denied.

 

 

9-admit that i did not dispose ownership of account 

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied  ? what is this question?

 

10-that exhibit A is tru and correct

 

11- admit that i did not dispute the accuracy of pre legal notification

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

12- admit I owe the money

Defendant objects to this request to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry, and diligent search, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denied

 

 

I also have here not court stamped

Plaintiff's Special Interogatories to dedendant set one

questions asked are

 

1 your name as known last few years

State your name

 

2-each residence within the last few years prior to the date of your responsed

 

Objection On the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant. Without waiving Objection Defendant states his address is xxxxxxx and has resided there for xx years.

 

 

3-state employers you have filed tax returns with

 

Objection On the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant

 

4 did I ever report innacuracy to the bank regarding billing errors from statements

 

Objection  Defendant objects to the assumption there is an “account" to the extent that it assumes disputed facts and facts not in evidence.  The existence and validity of an account has not been proven. 

 5 did i ever report the account was opened as a result of fraudently activity

Objection, Defendant objects to the term "the account" to the extent that it assumes disputed facts and facts not in evidence.  The existence and validity of an account has not been proven. 

 

6- state why I am not responsible for damages plaintiff is seeking

 

Plaintiff assumes disputed facts and facts not in evidence.  The existence and validity of an account has not been proven. 

Do I have to respond to them on pleading paper, what is the format for responses and this has to be filed with the court I assume? I got the documents listed here to send them a BOP, but responding to what they sent to me is it  filed with the court and also sent to them CMRR of course.

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can i use this to respond and edit?

 

___________________________________

 

___________________________________

1Planitiff  1Defendant, In Pro Per

 

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ______________________    

 

 

            Plaintiff,

      vs.

 

            Defendant

)

)

)

)

)

)

)

)

)

)

Case No.: No. __________________

 

Answering Party,___________________

___________________________________

RESPONSE TO REQUEST/DEMAND TO PRODUCE DOCUMENTS

(SET NO.________________)

1 AND RELATED CROSS ACTION(S)_________)         

Asking Party:___________________________________________________

Responding Party:_______________________________________________

Set Number:__________________

      Responding Party,________________________________________________, hereby responds to the ________set of requests/demands for production of documents propounded by asking party;

 [ SEE ATTACHED ]

 

      I declare under penalty of perjury the foregoing is true and correct.

Signed at __________________, California on ____________________, 200____

______________________________________________________________

 

RESPONSE TO REQUEST/DEMAND FOR PRODUCTION NUMBER 1:

1 Documents will be produced

1 Responding party is unaware of the existence of any documents responsive to this request. Discovery is continuing, and responding party reserves the right to amend this response should documents later be discovered.

1 Other: ___________________________________________________________________

____________________________________________________________________________

 

RESPONSE TO REQUEST/DEMAND FOR PRODUCTION NUMBER 2:

1 Documents will be produced

1 Responding party is unaware of the existence of any documents responsive to this request. Discovery is continuing, and responding party reserves the right to amend this response should documents later be discovered.

1 Other: ___________________________________________________________________

____________________________________________________________________________

 

RESPONSE TO REQUEST/DEMAND FOR PRODUCTION NUMBER 3:

1 Documents will be produced

1 Responding party is unaware of the existence of any documents responsive to this request. Discovery is continuing, and responding party reserves the right to amend this response should documents later be discovered.

1 Other: ___________________________________________________________________

____________________________________________________________________________

 

 

 

RESPONSE TO REQUEST/DEMAND FOR PRODUCTION NUMBER 4:

1 Documents will be produced

1 Responding party is unaware of the existence of any documents responsive to this request. Discovery is continuing, and responding party reserves the right to amend this response should documents later be discovered.

1 Other: ___________________________________________________________________

____________________________________________________________________________

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Do I have to respond to them on pleading paper, what is the format for responses and this has to be filed with the court I assume? I got the documents listed here to send them a BOP, but responding to what they sent to me is it  filed with the court and also sent to them CMRR of course

Do I have to also place the word objection in front of each of  my answers?

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