robnjesk

Being Sued by Kenosian and Miele and need help....

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@shellieh98

 

To all of their requests for documents I put:

Defendant has no such documents in his possession at this time.  Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available. 

 

For the response to admissions:

1.  Admit that you applied for a credit card from CITIBANK, NA now bearing accout number ***********.

     DENIED to the extent that no application was attached hereto for evaluation.

2.  Admit that you received a credit card from CITIBANK, NA now bearing account number ***********.

     DENIED to the extend that no admissable evidence establishing use of the proven account was appended hereto for evaluation.

3.  Admit you you made payments on CITIBANK, NA credit card now bearing account number *********** within the last four years.

     DENIED to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation.

4.  Admit that you became delinquent in the payments due on the CITIBANK, NA credit card now bearing account number *************.

     DENIED to the extent that no admissable evidence establishing use of the uproven account was appended hereto for evaluation.

5.  Admit that you left a balance due and owing on CITIBANK, NA credit card now bearing account number ************.

     OBJECTION no admissable evidence was attached hereto which would allow the defendant to make an informed response.

6.  Admit you received statements regarding the CITIBANK, NA credit card now bearing account number ************.

     OBJECTION Argumentative and lacking foundation.  No proof of receipt of the alleged document has been introduced.  Additionally, defendant cannot and is not required to verify the veracity of the plaintiffs proof. (On this one I question because they attached statements that they allege my husband received which he does not recall receiving)

7.  Admit that the balance due and owed by you on the CITIBANK, NA credit card now bearing account number ************* as of February 10, 2011 was ***********.

     DENIED to the extent that no admissable evidence establishing use of the uproven account was appended hereto for evaluation.

8.  Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to CITIBANK, NA credit card now bearing account number ***********.

      DENIED Defendant owes Unifund, CCR, LLC nothing.

 

Now for my answers to their 14 statements that they allege my husband received:

For all 14 I answered:

DENIED Defendant does not recognize nor has any recollection of ever receiving the attached document.  Discovery is ongoing. 

 

What do you guys think?  Should I change anything or leave it all.  Thanks!!

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Another few interesting things that maybe some of you have run into that you could clarify for me....

 

I looked up the companies that are on the bill of sale and assignment papers they sent me.  Both of the companies have only two employees and their addresses are right across the street from Unifund.  I looked them up on google earth.  I know that there have been other JDB's that have sent my husband notices on this alleged debt before 6/25/13 so how did this company buy this debt from citibank?  How can I prove that these documents are fakes?  Cause I know they are.  As well how are they dated one day apart all of them.  I just don't understand how this all works.  Any insight and shared knowledge here would be greatly appreciated. 

 

Thanks all!!

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To all of their requests for documents I put:

Defendant has no such documents in his possession at this time. Discovery is ongoing , defendant reserves the right to amend his responses, per the rules of civil procedure if such documents become available. 

 

I've noticed that less is more. You don't have to explain . simply Say, Deny. or Without waiving the foregoing objection, Defendant responds as follows: DENIED.

For the response to admissions:

1.  Admit that you applied for a credit card from CITIBANK, NA now bearing accout number ***********.

    Objection to the extent that no application was attached hereto for evaluation.DENIED 

2.  Admit that you received a credit card from CITIBANK, NA now bearing account number ***********.

     DENIED to the extend that no admissable evidence establishing use of the proven account was appended hereto for evaluation.

3.  Admit you you made payments on CITIBANK, NA credit card now bearing account number *********** within the last four years.

     DENIED to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation.

4.  Admit that you became delinquent in the payments due on the CITIBANK, NA credit card now bearing account number *************.

     DENIED to the extent that no admissable evidence establishing use of the uproven account was appended hereto for evaluation.

5.  Admit that you left a balance due and owing on CITIBANK, NA credit card now bearing account number ************.

     OBJECTION no admissable evidence was attached hereto which would allow the defendant to make an informed response. Defendant responds as follow, Deny. 

6.  Admit you received statements regarding the CITIBANK, NA credit card now bearing account number ************.

     OBJECTION Argumentative and lacking foundation.  No proof of receipt of the alleged document has been introduced. Defedent  Additionally, defendant cannot and is not required to verify the veracity of the plaintiffs proof. (On this one I question because they attached statements that they allege my husband received which he does not recall receiving)

7.  Admit that the balance due and owed by you on the CITIBANK, NA credit card now bearing account number ************* as of February 10, 2011 was ***********.

     DENIED to the extent that no admissable evidence establishing use of the uproven account was appended hereto for evaluation.

8.  Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to CITIBANK, NA credit card now bearing account number ***********.

  Without waiving the foregoing objection, Defendant responds as follows:DENIED    DENIED Defendant owes Unifund, CCR, LLC nothing.

 

Now for my answers to their 14 statements that they allege my husband received:

For all 14 I answered:

Without waiving the foregoing objection, DENIED. Defendant does not recognize nor has any recollection of ever receiving the attached document.  Discovery is ongoing

 

What do you guys think?  Should I change anything or leave it all.  Thanks!!

 

 

How can I prove that these documents are fakes?  Cause I know they are.

Just because you think or say they are fake, then it's a heresay. You will need someone with first hand knowledge to prove (expert witness) or  in alternative is to ask the plaintiff via RFA or special interrogatories, to Admit they are fake, which they have to answer under oath, penalty of perjury.

That's just my suggestions.

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 @credit_limbo  thank you so much.  I will be changing my answers as you suggested and send them out Monday morning.  I have not done an RFA or special interrogatories.  I will be searching that up next.  I have done a BOP and a POD but that is it so far and they have responded to both.  Onto the next step. 

 

Thank a million times thanks!!  :)%

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I have a few more questions for you all....

 

The other day I received a meet and confer letter from the law firm stating that they did not receive the response to their request for production of documents and admissions and genuineness.  I have a signed crrr that says they received it.  The date they signed is 4/26 and the date the letter is drafted is 4/28.  How do we handle this?

 

Also now that we have done the first request for documents and they have done theirs what do I do now.  I have read other posts where people did nothing and then other people did a second request for documents.  Our court date is not for a year out yet and I just want to make sure that all is getting handled the right way. 

 

Thanks all!!!

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Did you do a pos with your answers? If so, meet and confer back with a copy of that and a copy of the Cmrrr.

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Answer to your question. Depends on the route you want to go. Did they give you everything in your doc request? If not and you really want/ or need it, send a meet and confer letter stating you are giving 10 more days to produce or you will compel. If you don't, wait for their next move. If you forgot to ask for something, do a 2 nod request. Study up on homelessinca thread and astmedic's thread in the mean time.

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@shellieh98  I did do a pos so I wll do just that.  Thank you for your quick response.  They really gave me nothing in my doc request.  A years worth of statements from the alleged account and that was after the balance was as high as it is and a few bills of sale from one trumped up company to another all on the same day.  One of them they claim is from the OC itself which is impossible because other JDB's have said my husband owed this money as well and tried to collect on it over the years so this debt was sold years ago.  The signatures on one of the bills of sale doesn't match from one to the other.  It is so obvious it is a fake.  Unfortunately I do not have the money to prove it.  Also I looked up these companies that claimed they bought these debts and they are right across the street from the company that owns the debt now and is suing me. I also looked up thier profile and they have all of two employees.  Such a scam!!  Anyways I don't think they have much more then that. I have studies their threads but I am going to go back over it all again.  Lord knows I have time to do it.  My court date is in May 2015.

 

Thank you again for all your advice... I appreciate it!! ::daisy::

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Did you do a pos with your answers? If so, meet and confer back with a copy of that and a copy of the Cmrrr.

Make sure they said that they didn't receive your answers, or was it insufficient response. just to be on safe side i would just send them the CMRRR card with a copy of your answers and POS for a good faith. I would say you can also fill out an other POS with a cover sheet whatever you sending them.

 

 

Answer to your question. Depends on the route you want to go. Did they give you everything in your doc request? If not and you really want/ or need it, send a meet and confer letter stating you are giving 10 more days to produce or you will compel. If you don't, wait for their next move. If you forgot to ask for something, do a 2 nod request. Study up on homelessinca thread and astmedic's thread in the mean time.

i 2nd that. send them meet & confer to cover your bases in case you want to file a a motion to compel and later on show the court that you did notify them of their insufficient response.

I would say look over the docs again and pick a strategy which way you wanna go; have them provide every single docs (which they won't)  to you or take Astmedic route being silent and wait until the trial. Either you can steer the case your way or let Plaintiff do their thing and you object.

 

 

@shellieh98  I did do a pos so I wll do just that.  Thank you for your quick response.  They really gave me nothing in my doc request.  A years worth of statements from the alleged account and that was after the balance was as high as it is and a few bills of sale from one trumped up company to another all on the same day. 

This is where you can ask them to prove that your hubby's account was one of those described in that Bill of sale. 

One of them they claim is from the OC itself which is impossible because other JDB's have said my husband owed this money as well and tried to collect on it over the years so this debt was sold years ago.  The signatures on one of the bills of sale doesn't match from one to the other.  It is so obvious it is a fake. Unfortunately I do not have the money to prove it.

Sounds like you getting ahead of yourself, you need to prove, have them admit that this bill of sale refer to your hubby account.

 

Also I looked up these companies that claimed they bought these debts and they are right across the street from the company that owns the debt now and is suing me. I also looked up thier profile and they have all of two employees.  Such a scam!!  Anyways I don't think they have much more then that. I have studies their threads but I am going to go back over it all again.  Lord knows I have time to do it.  My court date is in May 2015.

you can object to anything up to the trial. when you send them CCP 98. 

 

I'd rather know things ahead of time that the last minute surprises near trial. Also anytime they refer themselves the owner of the account, or it's your account. Object to the word "account" on the ground that they have failed to provide response to BOP that you asked.  Good luck.

 

Thank you again for all your advice... I appreciate it!! ::daisy::

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I'm still here and kind of at a stand still.  I answered their requests and have heard nothing since.  My court date is not until 2015 which is coming faster then I know.  Does anybody have any suggestions about what I should do now.  I have heard nothing about a CMC, is this something I request or something they request?  I have followed ASTMedic posts to a T up until this point and that is why I have opted to not send a MTC and "just drill them at the last second" like was stated in ASTMedics thread.  I am really confused about the CMC though since I have heard nothing about that... any advice here would be greatly appreciated.  Thanks to all of you for being here!!

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 I have heard nothing about a CMC, is this something I request or something they request?  

 

I am really confused about the CMC though since I have heard nothing about that.

 

Some courts don't bother with CMC, but keep an eye on the court website to make sure nothing slips by.

 

 

My court date is not until 2015 which is coming faster then I know.  Does anybody have any suggestions about what I should do now. 

 

I have followed ASTMedic posts to a T up until this point and that is why I have opted to not send a MTC and "just drill them at the last second" like was stated in ASTMedics thread. 

 

If that's your strategy, i'd suggest making sure you know it well.  The key rules and cases, what to do if things don't go your way, etc.  And take a look at Seadragon's timeline.  Would also be a good idea to check out a few trials in your court.

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