Being sued...HELP

Scarytime · January 30, 2014

1. Who is the named plaintiff in the suit? American Express Centurion Bank

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Michael and Associates

3. How much are you being sued for? $4600

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

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) In Person

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

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? None

9. What state and county do you live in? Los Angeles, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2012 (will double check the month)

11. What is the SOL on the debt? To find out: 4 years

Statute of Limitations on Debts

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). Trial set for 2/2015, this was done after I filed the denial

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

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

15. How long do you have to respond to the suit? (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. 30 days, already responded

We need to know what the "charges" are. Please post what they are claiming.

Breach of Contract

Common Counts: Account Stated and Book Account

Quantum Meruit Reasonable Value

Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

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. Agreement (unsigned) with last statement from AMEX. Sent the discovery and they sent me all the statements from 2008-2013

Received summons at my home Dec 22nd. Filed a denial at the court house and was immediately given a court date for next year (2015). Sent in my request for production of documents and yesterday I received a very heavy package with my statements from 2007-2013. How do I proceed?

HotWheels96 · January 30, 2014

Oh how I love when these plaintiffs use breach of contract right along with account stated! Gets even better with quantum meruit!

I'd get a BoP sent as soon as you're able. How many requests were made in your discovery request? How many items did you ask for? Did you also send interrogatories? RFA's?

Scarytime · January 30, 2014

This is what I sent them. I have not sent interrogatories or RFA's

To PLAINTIFF American Express Centurion Bank, a Utah state chartered bank and [its/their] attorneys of record herein:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant XXXX, an Individual, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. [Add anything else relevant i.e. contract assigning the account to plaintiff]

Scarytime · January 30, 2014

Ooops I'm sorry I have sent the BOP already and they responded with a big package full of statements from 2007-2013. Do I need to send anything else after this?

Scarytime · February 13, 2014

I received Interrogatories from the Plaintiff and I'm not sure how to answer. Your assistance is highly appreciated

State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages
State in detail the fact upon which you base your contention that you are not responsible, in whole, part, for plaintiff damages.
State the name, ADDRESS and the telephone number of each person, other than the PERSON asking this interrogatory, who is responsible, in whole, part, for damages claimed in this action
Identify all documents that are part of the agreement for each state the name, address and telephone number of the person who has each document
State each part of the agreement not in writing, the name, ADDRESS and telephone number of each person agreeing to that provision, and the date that part of the agreement was made
Identify all documents that evidence each part of the agreement, and for each state the name, address, and telephone number of the person who has each document
Identify all documents that are part of each modification of the agreement not in writing and for each state the name address, and telephone number of the person who has each document
State each modification not in writing, the date, and the name, address and telephone number of the person agreeing to the modification, and the date the modification was made
Identify all documents that evidence each modification of the agreement not in writing and for each state the name, address and telephone number of the person who has each document
Describe and give the date of every act or omission that you claim is a breach of the agreement
Identify each agreement excused and state why performance was excused.
Identify each agreement terminated by mutual consent and state why it was terminated, including dates
Identify each unenforceable agreement and state the facts upon which your answer is based
Identify each ambiguous agreement and state the facts upon which your answer is based

Spikey · February 13, 2014

Those are some strange interrogs, they're almost all vague and ambiguous or not related to the case. I would likely object to most of these. The ones asking for documents can be answered that you don't have the requested documents.

Scarytime · February 13, 2014

Thanks @Spikey I will work on creating my answers and post for review before I send

Spikey · February 13, 2014

@Scarytime Just make sure if you object, you state a reason. Like: Objection, interrogatory is vague, ambiguous and not likely to lead to admissible evidence.

Scarytime · February 13, 2014

@Spikey thanks, I'm so confused and have been scouring the website to see similar interrogatories but I can't find any. I will work on the answers. I really appreciate you help

Credator · February 13, 2014

Discovery done well is both art and science IMHO. It is a bit intimidating to me.

I would look to the rules for how to answer rogs (not sure if this is the latest): http://law.justia.com/codes/california/2010/ccp/2030.210-2030.310.html.

They do seem to be strange rogs. I would be looking at answering many of the "identify" requests with something along the lines of not being aware of or in possession of any such agreement/modification/etc. A direct answer, when available, would always seem preferable to an objections AFAIK.

This site seems to have some useful information on rogs: http://california-discovery-law.com/interrogatories.htm#FORM_of_answers

I received Interrogatories from the Plaintiff and I'm not sure how to answer. Your assistance is highly appreciated

State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages
...

Without having filed a counterclaim request #1 seems irrelevant and nonsensical. They really want to know how they damaged me?

Of course I would want to timely hit opposing with rogs, admissions, and production requests. I find they really appreciate the effort.

Credator · February 13, 2014

OK, the "strangeness" is explained. They appear to be form interrogatories: http://www.courts.ca.gov/documents/disc004.pdf

Sections 115 and 150 seems to be relevant.

I have never used "form" (uniform?) interrogatories or been served them.They perhaps have some advantages over non-uniform interrogatories and I would probably want to learn the differences before propounding my discovery as I presume I may have a choice in which I use.

Scarytime · February 13, 2014

@Credator, Thank you. I will start reading on the differences and hopefully grasp it

HotWheels96 · February 13, 2014

I read the ROGS and immediately recognized them as form ROGS. Glad I make sure I read through each post before jumping to reply so I don't make the mistake of parroting information! My friend received them which is why I recognize them, and to me, some of them make no sense. The first one for example, seems as though it would only be appropriate if a counter claim existed.

Scarytime · February 14, 2014

Ok so here goes...Let me know if the answers are sufficient to proceed

Interrogatories

State the name, address, telephone # and relationship to you of each person who prepared or assisted in the preparation of the responses to these interrogatories

ANSWER: I HAD NO ASSISTANCE IN PREPARING OF THE RESPONSES TO THESE INTERROGATORIES.

State your Name, any other names by which you have been known, and your address

ANSWER: Scarytime

State each residence address for the last 5 years and the dates you lives at each address

ANSWER: ADDRESS, I OBJECT TO THE REMAINDER OF THE INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY

State the name, address and telephone number of each employer you have had in the past five years and the dates you worked for each

ANSWER: I OBJECT TO ANSWERING THIS INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY.

State you current business name and address, type of business entity and your title

ANSWER: I OBJECT TO ANSWERING THIS INTERROGATORY AS BEING IRRELEVANT AND INVASIVE OF MY PRIVACY

State in detail the facts upon which you base your claims that the PERSON asking this interrogatory is responsible for your damages

ANSWER:I OBJECT TO ANSWERING THIS INTERROGATORY IT IS IRRELEVANT TO THE CASE AT HAND.

State in detail the fact upon which you base your contention that you are not responsible, in whole, part, for plaintiff damages.

ANSWER: PLAINTIFF HAD THE OBLIGATION TO PROVE THAT I AM RESPONSIBLE FOR NAY ALLEGED DAMAGES THEY MIGHT HAVE SUSTAINED THAT WERE CAUSED BY ME. I CANNOT PROVE A NEGATIVE STATEMENT.

State the name, ADDRESS and the telephone number of each person, other than the PERSON asking this interrogatory, who is responsible, in whole, part, for damages claimed in this action

ANSWER: THE INFORMATION REQUESTED IS NOT IN MY POSSESION

Identify all documents that are part of the agreement for each state the name, address and telephone number of the person who has each document

ANSWER: DEFENDANT HAS NO AGREEMENT WITH PLAINTIFF; DEFENDANT HAS NO DOCUMENT.

State each part of the agreement not in writing, the name, ADDRESS and telephone number of each person agreeing to that provision, and the date that part of the agreement was made

ANSWER: DEFENDANT HAS NO AGREEMENT WITH THE PALINTIFF. N/A

Identify all documents that evidence each part of the agreement, and for each state the name, address, and telephone number of the person who has each document

ANSWER: DEFENDANT HAS NO AGREEMENT WITH PLAINTIFF; DEFENDANT HAS NO DOCUMENT.

Identify all documents that are part of each modification of the agreement not in writing and for each state the name address, and telephone number of the person who has each document

ANSWER: N/A

State each modification not in writing, the date, and the name, address and telephone number of the person agreeing to the modification, and the date the modification was made

ANSWER: N/A

Identify all documents that evidence each modification of the agreement not in writing and for each state the name, address and telephone number of the person who has each document

ANSWER: N/A

Describe and give the date of every act or omission that you claim is a breach of the agreement

ANSWER: N/A

Identify each agreement excused and state why performance was excused.

ANSWER: N/A

Identify each agreement terminated by mutual consent and state why it was terminated, including dates

ANSWER: N/A

Identify each unenforceable agreement and state the facts upon which your answer is based

ANSWER: N/A

Identify each ambiguous agreement and state the facts upon which your answer is based

I did not apply, charge, or paid for THE CREDIT ACCOUNT.

I have never agreed to the terms and conditions, by contract or by implication, of THE CREDIT ACCOUNT.

I have never entered any contract or agreement, by written agreement or by implication, with Plaintiff

Scarytime · February 14, 2014

Also, here are my answers to the Request for admissions ...my head is spinning

Request for admissions

Admit that you entered into a written contract with Plaintiff wherein you were issued a card for the purposes of obtaining goods and/or services a/or cash advances from businesses that honor the card

DENY

Admit that within the last 4 year, you utilized your card for the purposes of obtaining goods and/or services and/or cash advances from businesses that honor the card

DENY

Admit that within the last 4 years, you failed to make the minimum payments on your card

DENY

Admit that you received your card statement on a monthly basis at the address xxxxxxx

DENY

Admit that the attached and marked exhibit A is a true and correct copy of the card statement that was mailed to you at address xxxxx