BrokeBaker

Being sued in California for old debt: served tonight

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1)   When they reference "DOES" it just means that if they later find someone else needs to be added to the suit, like a spouse (or a Jon or Jane "Doe") that they will do so. You can just ignore that part.

 

2)   Under #9 "other allegations" : DENY

 

3)    For  #10; Just write your own prayer; DEFENDANT PRAYS that plaintiff take nothing for cost of suit or any and all other cost.

 

4)    Your affirmative defenses need work, but I'll have to get back to you later. I just didn't want to leave you hangin.

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Hi Everyone,  

It seems everyone was gone this week--probably because taxes are due in a few days!  I hadn't gotten much feedback on my answer yet--thanks Anon for your reply.

 

My friend found a support organization who currently is helping people beat the same law firm that is currently suing me (Kenosian and Miele).    They have said this firm is really shady, which someone mentioned earlier on in this thread.

 

You were right Anon--my affirmative defenses needed work.  They helped me and they will file the Answer and my fee waivers at the Chatsworth courthouse and will serve the Plaintiff's lawyers.  And, they're doing it for $60, which my friend was nice enough to pay as a birthday gift.  I know the Answer was a "stock" one, but I went through it, made sure I agreed with it, and made sure that all of you guy's feedback was in the Answer.

 

It will be filed with the courts on 4/11.

 

I'll keep you guys posted--i believe the next phase is discovery, right?

 

-BB

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I'll keep you guys posted--i believe the next phase is discovery, right?

Sort of. I would first send off for a " bill of particulars" , you can find an example of one in ASTMedic's thread pinned above. Then you can take some time and get your discovery requests together.

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Happy B Day BrokeBaker.

 

All you need is the "stock answer" DENY. I agree with Shelieh. I think your cause of action permits the BOP, but even if not, let them object it. Then, after that process; a simple set of RFP's (also in ASTMedic's thread).

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I would go with the Bill of Particulars first.

 

 

 

Because they should be hard pressed to comply.

 

Thanks for this, and the template.

I will submit this request for BOP in the next week.

 

-BB

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Hi all,

 

l've been quietly plugging along and I'm in need of group assistance again.

 

On 5/31:  I received the response to my request for BOP

On 5/31:  I received a Pleading Paper document called "Plaintiff's Request for Production of Documents, Set One"

On 6/2:    I received a copy of a subpoena that will be sent to the OC.  There is a cover sheet on top of the subpoena called  "Notice to Consumer or Employee And Objection, let's me know that I can attempt to squash or modify the subpoena. 

 

 

Given all of these items came at the same time, I'm not sure how to respond and which order.

 

Looking for feedback.  Let me share what is in front of me.

 

 

BOP Update

I submitted the Request for BOP, and the firm got me a response within ten days.  I just received it via uncertified mail on Saturday 5/31.   However, it's sparse.  Based on the fact that the Plaintiff is subpoena'ing all statements from the OC, it's clear that they only sent me what they had.

 

The Facts 

  1. Kenosian and Miele only provided statements from 1/7/2008-6/7/2009.  It seems they have done this with other's who have posted on the forums.
  2. It appears that my last payment on the credit card in question was November 2008.  Statements they provided me from 12/2008 - 6/2009 show no payments made during that timeframe.  With SOL in California being 4 years, that means the SOL expired December 2012.  And this suit was filed March 2014.
  3. As I read @eyoung27 ’s thread, I saw that @shellieh98 said that Plaintiff must provide statements beginning at $0 balance up until the last statement so that I can see how they derived the balance they are demanding.  They didn't do this.  

What to do next?:

  1. I send a "Meet and Confer" Letter, right?  I know I need to tell the Plaintiff that their BOP is deficient and give them 5 additional days to correct it or I will ask the court for a motion to compel/preclude the deficient items.  I see the M&C on @ASTMedic feed, [https://docs.google.com/file/d/0B3pn_2wRVGfTbVRwdFJvOEx6d28/edit]
  2. Do I also send a Request for Documents, where I ask for the contract, the bill of sale, the purchase agreement to the bill of sale?  [https://docs.google.com/file/d/0B3pn_2wRVGfTTkRQMHdlOTIzQTA/edit]
  3. When do I complete the California Courts form DISC-015 ? [http://www.courts.ca.gov/documents/disc015.pdf]

 

 

Second Thing I received: Plaintiff's Request for Production of Documents, Set One"

 

The requests, listed on the pleading paper document are:

  1. Any and all copies of statements relating to the CHASE BANK USA credit card from 3/14/2007 through this date   
  2. Any and all documents related to any allegations of identify theft that I have filed... 
  3. Copies of payments made on the credit card from 3/14/2007 through this date.  
  4. Any and all correspondences from 3/14/2007 through this day between Chase Bank and myself related to this card
  5. Any and all correspondences from 3/14/2007 between me and any credit reporting agency related to this Chase Bank card
  6. Any and all documents that evidence any kind of payment on the Chase Bank card between March 14, 2007 to present
  7. Any and all documents that evidence the Chase Bank card has been paid in full
  8. Any and all documents that are not described above related to the card bearing account number XXXXX

 

My question:  On pleading paper, should I just reply to each of these 8 requests with the following blanket statement that @Seadragon provided to @eyoung27  in her thread:   

  • After diligent search and reasonable inquiry, defendants are not in possession, custody, or control of any responsive documents to the request. Inquiry is ongoing and if documents become available at a future time, defendants will amend this response.]

 

Third Thing I received: Subpoena "Notice to Consumer or Employee And Objection 

The form is titled "Deposition Subpoena For production of Business records".   This is the Plaintiff requesting Chase Bank USA, the OC, to  provide the following 9 things:

  1. Copies of original signed  credit card application
  2. Any and all disputes from account holder 11/1/2007-12/8/2010
  3. Any and all correspondence to and from account holder between 11/1/2007-12/8/2010 and the banks response to disputes.
  4. Statements bearing payments or purchases concerning account number 11/1/2007-12/8/2010
  5. Any or all copies of payments made to account number for the period of 11/1/2007-12/8/2010
  6. If payments were made electronically, provide the name, branch address, etc used to make the payment.
  7. Charge off statement concerning the account number
  8. Cardholder agreement and/or disclosure statement concerning account number
  9. Affidavit of certification and/or authentication under penalty or perjury by the person responding to this subpoena regarding the documents provided.

 

Question:  Should I let the Plaintiff request this information from the OC, or should I object to the production of these records pursuant to CCP section 1987?

 

 

Overall Process Question:  When do I submit Motion to Compel and schedule Case Management Conference (CMC)?  My trial date is July 2015, BTW.

 

I'd love to hear your thoughts.  Tagging @Seadragon @calawyer  @Anon Amos @HomelessInCalifornia @eyoung27 @shellieh98 @yellowmate

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What to do next?:

I send a "Meet and Confer" Letter, right? I know I need to tell the Plaintiff that their BOP is deficient and give them 5 additional days to correct it or I will ask the court for a motion to compel/preclude the deficient items. I see the M&C on @ASTMedic feed, [https://docs.google....FJvOEx6d28/edit]

Do I also send a Request for Documents, where I ask for the contract, the bill of sale, the purchase agreement to the bill of sale? [https://docs.google....HdlOTIzQTA/edit]

When do I complete the California Courts form DISC-015 ? [http://www.courts.ca...nts/disc015.pdf]

Yes send a meet and confer.

If you send out discovery now without the response to the deficient BOP, then in essence you are giving them the option of not sending it. You said trial is in July? Are you sure that is not just a case mgt. conference?

They will not fully comply with the BOP because they don't gave one. That subpoena is going to look like "hey judge we tried to comply, but oc didn't give us what we asked for, but we do have all these statements, we bought her debt, and now she owes us"

Most Cali folks will tell you forget the bop and start your own discovery so you don't run out of time to be able to compel.

They tried to scare you with that scarey subpoena, you could send the meet and confer, then file a compel motion at the end of 15 days, or start discovery. If you did get a compel, they would be pretty much screwed, but judges don't always grant them. Your call.

Discovery you are going to want to ask for a few things.

Last payment on account, bill of sale, date the account was charged off. Also the complete purchase agreement from the bill of sale.

If they are suing on breach of contract, ask for the contract. ( yea we know there isn't a physical one if this is a credit card). Ask for the governing contract to the account. Ask for most of what they asked for in their subpoena to the OC. I doubt the OC will send them anything unless they pay for it, and they probably don't have it all any more.

When their time is up to answer your request for docs, I would send out admissions based on what they didn't send you. Like no last payment info.....admit this debt is timed barred at the filing of this lawsuit. Etc. also chase has had a lot of accounting problems in that time period, and in fact are not selling their accounts at present because of them. Maybe gear some admissions around those facts. (They will deny saying they are not chase) but it lets them know YOU know chase has account problems. How hard do they want to fight?

You may want to also want to file a motion to compel at that time for the docs they didn't send you.

You can send ROGS at the same time you send document requests. Ask them questions like "name the exact date of last payment to the alleged account xxxxxxx from chase.

Did you only use the affirmative defense time barred, or did you file a counter suit? Might be to late, but you may be able to amend your answer to include a counter. I would check my own bank records around the time of last payment and pin down the actual last payment first.

There is a laundry list of doc requests around, homelessinca's ca thread may have one. You can start there.

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Yes send a meet and confer.

If you send out discovery now without the response to the deficient BOP, then in essence you are giving them the option of not sending it. You said trial is in July? Are you sure that is not just a case mgt. conference?

They will not fully comply with the BOP because they don't gave one. That subpoena is going to look like "hey judge we tried to comply, but oc didn't give us what we asked for, but we do have all these statements, we bought her debt, and now she owes us"

Most Cali folks will tell you forget the bop and start your own discovery so you don't run out of time to be able to compel.

They tried to scare you with that scarey subpoena, you could send the meet and confer, then file a compel motion at the end of 15 days, or start discovery. If you did get a compel, they would be pretty much screwed, but judges don't always grant them. Your call.

Discovery you are going to want to ask for a few things.

Last payment on account, bill of sale, date the account was charged off. Also the complete purchase agreement from the bill of sale.

If they are suing on breach of contract, ask for the contract. ( yea we know there isn't a physical one if this is a credit card). Ask for the governing contract to the account. Ask for most of what they asked for in their subpoena to the OC. I doubt the OC will send them anything unless they pay for it, and they probably don't have it all any more.

When their time is up to answer your request for docs, I would send out admissions based on what they didn't send you. Like no last payment info.....admit this debt is timed barred at the filing of this lawsuit. Etc. also chase has had a lot of accounting problems in that time period, and in fact are not selling their accounts at present because of them. Maybe gear some admissions around those facts. (They will deny saying they are not chase) but it lets them know YOU know chase has account problems. How hard do they want to fight?

You may want to also want to file a motion to compel at that time for the docs they didn't send you.

You can send ROGS at the same time you send document requests. Ask them questions like "name the exact date of last payment to the alleged account xxxxxxx from chase.

Did you only use the affirmative defense time barred, or did you file a counter suit? Might be to late, but you may be able to amend your answer to include a counter. I would check my own bank records around the time of last payment and pin down the actual last payment first.

There is a laundry list of doc requests around, homelessinca's ca thread may have one. You can start there.

Agreed.

 

When it's time to propound discovery requests, I'd recommend the RFP (Request for Production) in ASTMedic's thread. My thread is lacking in discovery matters as I came to this forum AFTER discovery in my own case.

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Your other option for responding to Plaintiff's discovery is to object based upon the paltry response you received to your BOP.  Check 1111girl's thread for a template.

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If this debt is certainly out of SOL, then you can pound on that, especially in the admissions.

 

It's not ony a safeguard for you, to avoid being chased for 20 year old debt. It's against the law to file a suit on out of SOL debt, so make sure that you let them know that you are fully aware that they're breaking the law.

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If this debt is certainly out of SOL, then you can pound on that, especially in the admissions.

 

It's not ony a safeguard for you, to avoid being chased for 20 year old debt. It's against the law to file a suit on out of SOL debt, so make sure that you let them know that you are fully aware that they're breaking the law.

 

United States v. Kubrick, 444 U.S. 111, 100 S. Ct. 352, 62 L. Ed. 2d 259 (1979)

 

http://scholar.google.com/scholar_case?case=4179045415149982562&q=info:YlM93qnz_jkJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

 

Statutes of limitations, which "are found and approved in all systems of enlightened jurisprudence,"

Wood v. Carpenter, 101 U. S. 135, 139 (1879),

represent a pervasive legislative judgment that it is unjust to fail to put the adversary on notice to defend within a specified period of time

and that "the right to be free of stale claims in time comes to prevail over the right to prosecute them."

Railroad Telegraphers v. Railway Express Agency, 321 U. S. 342, 349 (1944).

 

These enactments are statutes of repose; and although affording plaintiffs what the legislature deems a reasonable time to present their claims, they protect defendants and the courts from having to deal with cases in which the search for truth may be seriously impaired by the loss of evidence, whether by death or disappearance of witnesses, fading memories, disappearance of documents, or otherwise.

United States v. Marion, 404 U. S. 307, 322, n. 14 (1971); Burnett v. New York Central R. Co., 380 U. S. 424, 428 (1965); Chase Securities Corp. v. Donaldson, 325 U. S. 304, 314 (1945); Missouri, K. & T. R. Co. v. Harriman, 227 U. S. 657, 672 (1913); Bell v. Morrison, 1 Pet. 351, 360 (1828).

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@calawyer @shellieh98 and others:

 

 

I reviewed @1111girl and @ASTMedic and a few other threads.  It can be a bit of a wormhole at times, lots of information to take in.

 

From what I gather, I should wait on my discovery requests until file a Meet and Confer Letter because JDB's BOP responses were weak.  It's clear they don't have any of the BOP because they are subpoena'ing the OC to get those documents. 

 

Is the letter below the letter I should send?

 

-------------

June 4, 2014


Law Offices of Kenosian & Miele, LLP
8581 Santa Monica Boulevard, #17
Los Angeles, California 90069

 


Re. Asset Capital Recover Group, LLC, Plaintiff, vs. Broke Baker, Defendants, Superior Court of California, Chatsworth Courthouse
 

 

Attention: Kenneth J. Miele, Attorney for Asset Capital Recovery Group, LLC

 

 

I am in receipt of Plaintiff’s responses to Defendant’s Request for Bill of Particulars for the above referenced matter. As you must know, the responses received are incomplete in material ways and further responses are required.

 

This is an attempt to meet and confer to avoid the necessity of motions to compel.  For ease of reference, I set forth below defendant's request, plaintiff's response, and the reason why a further response must be provided:
 

 

On May 14, 2014, Defendant sent to Plaintiff a Demand for a Bill of Particulars pursuant to CCP 454.

 

On May 27, 2014, Defendant received Plaintiff's response, which was wholly inadequate as it did not comply with the requirements of CCP 454.

 

Plaintiff has not produced all account statements justifying the amount claimed to be owed in the complaint.  Plaintiff has not provided an itemization of the account showing all charges and credits thereto. Plaintiff has not provided the underlying contract referred to in the complaint. Plaintiff has not shown bill of sale.

 

Such basic information is required to prove Plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how Plaintiff acquired a good faith basis to file the lawsuit. Indeed, Plaintiff has only provided STATEMENT CONCERNING CHASE BANK USA CARD ACCOUNT #xxxxxxx WITH A PAYMENT DUE DATE OF JANUARY 7, 2008 THROUGH JUNE 07, 2009 .
 

Defendant hereby requests a further accounting of the alleged account to include all statements for the life of the account showing date of each transaction, the price or charge made for each transaction, all payments or credits that have been made to the account, a detailed accounting of how plaintiff calculated the alleged amount owed, bill of sale, and all other items as originally requested in Defendant’s Bill of Particulars dated May 14, 2014. Plaintiff is granted 15 days from the date of this letter to fulfill this request.
 

Please serve a full response on or before June 19, 2014. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.
 

 

 

Respectfully,


Broke Baker
Defendant, Pro Per

 


Dated: June 4, 2014

________________________
DEFENDANT, BrokeBaker

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Regarding a few of your questions:

 

1)    Your answers in green to their discovery request looks good to me. I don't buy into the "you have to change the answers so they are all different or you will upset the judge" theory. If it's the same answer then that's just the way it is.

 

2)     I don't think you could (or should ) object to them subpoenaing their case against you from the OC. While they are at it they should subpoena a custodian of records from the OC to authenticate it as well.

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Broke,

You are getting plenty of solid direction on next steps. I would only say one key for you to clearly determine is when you last made a payment on this account, as it will set when you actually defaulted on the contract.

You need to determine this yourself and not wait till they finally send you proof. A true SOL defense is fatal for the opposing party, the sooner you can show or know, the quicker you can end this case and less work for you. You may find that you made a one off payment that ruins the SOL defense, you need to know this sooner rather than later.

I believe based on their request for documents from Chase, asking for copies of payment made through 12/8/2010 is a clue.

These folks work off a spreadsheet with information about accounts. Asking for information based on this date could mean the account charged off in 12/2010, no more statements generated or mailed. Typical charge off time is 6 months after default, which could put your last payment date in May of 2010. If they filed the suit prior to May 2010 you may not have a SOL defense.

Point is this is key piece of information you need to know. You might check a couple of credit reports to see what Chase has reported as last date of payment for the account. Or look at your Bank Statements if you sitll have them.

Best of Luck

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@skippy1960  I've ordered my credit report and will look at it today to confirm.  I always thought my last payment was 11/2008 because I has just started a business then and basically have been broke ever since then.  (closed the business, haven't had steady work since closing in 2010).  

The statements that they gave me prove that the last payment was 11/2008.

 

But you raise a good point:  perhaps there was a one-off payment after that time period that I just don't remember.  I don't have that bank account anymore (it was closed), so I have no way to show, via bank statements, when the last payment on a card was 5 years ago.  But hopefully the credit report will show that.

Thanks for this very important reminder:  I need to have 100% certainty that SOL is expired.    It wasn't my only affirmative defense, but it's one of the strongest ones.

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when I motioned to quash I really didn't have a good reason. With the new law however, maybe you can try to quash becaquse they had no documents prior to litigation and therefore it should be quashed.

 

 

 

@Seadragon I'm thinking that once I 100% confirm the SOL expired, I could quash/squash on two counts:  SOL expired and they had no documents prior to litigation.  I'm going to look into this further.  Thanks for the idea.

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Upon reviewing statements, Kenosian hid (or mis-stapled) an Attachment to their Request for Production of Documents.  

 

On pleading paper they requested:

  1. Any and all copies of statements relating to the CHASE BANK USA credit card from 3/14/2007 through this date   
  2. Any and all documents related to any allegations of identify theft that I have filed... 
  3. Copies of payments made on the credit card from 3/14/2007 through this date.  
  4. Any and all correspondences from 3/14/2007 through this day between Chase Bank and myself related to this card
  5. Any and all correspondences from 3/14/2007 between me and any credit reporting agency related to this Chase Bank card
  6. Any and all documents that evidence any kind of payment on the Chase Bank card between March 14, 2007 to present
  7. Any and all documents that evidence the Chase Bank card has been paid in full
  8. Any and all documents that are not described above related to the card bearing account number XXXXX

@Anon Amos agreed that I can respond with all 8 of these items with what's in green:  After diligent search and reasonable inquiry, defendants are not in possession, custody, or control of any responsive documents to the request. Inquiry is ongoing and if documents become available at a future time, defendants will amend this response.]

 

 

And then, on plain white paper titled "Attachment", Kenosian requested admission of:

1.  Admit that you applied for a credit card from now bearing account number xxxxx.

 
2.  Admit that you received a credit card from CHASE BANK USA now bearing account number xxxx
 
3.  Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years.
 
4.  Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxxx.
 
5.  Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx.
 
6.  Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx.
 
7.  Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxxx
 
8.  Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxx
 
 
@calawyer , @Seadragon, @HomelessInCalifornia , would this work for the above "admits":   Is this an appropriate response?: I'm currently looking for samples in other people's threads.  The below language was borrowed from @1111girl

 

1.  Admit that you applied for a credit card from now bearing account number xxxxx.

  • Deny/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
2.  Admit that you received a credit card from CHASE BANK USA now bearing account number xxxx
  • Deny.  (or should I say "Objection"?). Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
3.  Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years.
 
  • Deny.   but what else do I say? The last payment I see was 11/2008.  Based on the account statements the JDB gave me, the last payment they show is 11/2008, but they don't have any statements after June 2009.  I don't believe any payments were made after 11/2008, but I need to prove it, right?  Or is that their burden?
4.  Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxxx.
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
5.  Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx.
 
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
6.  Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx.
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
7.  Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxxx
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
8.  Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxx
  • Deny/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.

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Upon reviewing statements, Kenosian hid (or mis-stapled) an Attachment to their Request for Production of Documents.  

 

On pleading paper they requested:

  1. Any and all copies of statements relating to the CHASE BANK USA credit card from 3/14/2007 through this date   
  2. Any and all documents related to any allegations of identify theft that I have filed... 
  3. Copies of payments made on the credit card from 3/14/2007 through this date.  
  4. Any and all correspondences from 3/14/2007 through this day between Chase Bank and myself related to this card
  5. Any and all correspondences from 3/14/2007 between me and any credit reporting agency related to this Chase Bank card
  6. Any and all documents that evidence any kind of payment on the Chase Bank card between March 14, 2007 to present
  7. Any and all documents that evidence the Chase Bank card has been paid in full
  8. Any and all documents that are not described above related to the card bearing account number XXXXX

@Anon Amos agreed that I can respond with all 8 of these items with what's in green:  After diligent search and reasonable inquiry, defendants are not in possession, custody, or control of any responsive documents to the request. Inquiry is ongoing and if documents become available at a future time, defendants will amend this response.]

 

 

And then, on plain white paper titled "Attachment", Kenosian requested admission of:

1.  Admit that you applied for a credit card from now bearing account number xxxxx.

 
2.  Admit that you received a credit card from CHASE BANK USA now bearing account number xxxx
 
3.  Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years.
 
4.  Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxxx.
 
5.  Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx.
 
6.  Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx.
 
7.  Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxxx
 
8.  Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxx
 
 
@calawyer , @Seadragon, @HomelessInCalifornia , would this work for the above "admits":   Is this an appropriate response?: I'm currently looking for samples in other people's threads.  The below language was borrowed from @1111girl

 

1.  Admit that you applied for a credit card from now bearing account number xxxxx.

  • Deny/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
2.  Admit that you received a credit card from CHASE BANK USA now bearing account number xxxx
  • Deny.  (or should I say "Objection"?). Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
3.  Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years.
 
  • Deny.   but what else do I say? The last payment I see was 11/2008.  Based on the account statements the JDB gave me, the last payment they show is 11/2008, but they don't have any statements after June 2009.  I don't believe any payments were made after 11/2008, but I need to prove it, right?  Or is that their burden?
4.  Admit that you became delinquent in the payments due on the CHASE BANK USA credit card now bearing account number xxxx.
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
5.  Admit that you left a balance due owning on CHASE BANK USA credit card now bearing account number xxxx.
 
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
6.  Admit you received statements regarding the CHASE BANK USA credit card now bearing account xxxx.
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
7.  Admit that the balance due and owned by you on the CHASE BANK USE credit card now bearing account number xxxx as of December 9 2010 was $xxxxx
  • Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.
 
8.  Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest, and sole ownership to CHASE BANK USA credit card now bearing account number xxxx
  • Deny/Objection. Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possession.

 

That all looks spot on to me.

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@HomelessInCalifornia there was an open-ended question for #3:

 

3.  Admit that you made payments on CHASE BANK USA credit card now bearing account number xxxx within the last four years.
 
  • Deny.   but what else do I say? The last payment I see was 11/2008.  Based on the account statements the JDB gave me, the last payment they show is 11/2008, but they don't have any statements after June 2009.  I don't believe any payments were made after 11/2008, but I need to prove it, right?  Or is that their burden?

 

Do I just say Deny/Denied/Objection.  Defendant denies knowledge of the account. Plaintiff has requested information that should be in Plaintiff's possesion.

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If I were going for SOL (and, FWIW, I definitely would) I would say this:

 

DENY. I had a Chase Credit card numbered XXXX etc. The last payment made on that card was in 11/2008.

 

They are claiming that you made payments within the last four years. The burden is on them to prove it.

 

Are you CERTAIN you didn't make any since?

 

Having the bank records will give you peace of mind about asserting SOL.

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You can get copies from your old bank. It would be very expensive to order back statements from 2007 to present. What I would do is order statements from around the time you think last payment is, and get say 4-6 months worth of statements, a couple after the last payment. If it shows that last payment was out of the SOL, you need to get those copies notarized by the bank to authenticate them. A credit report will not work as proof.

If they want all your bank records, they can subpoena them and pay theirselves. If they show the payment was within the sol, keep quiet lol, they can provide their own proof.

I would do this ASAP because if you put after a diligent search yada yada, and don't produce them timely, they might move to preclude them because you didn't share lol.

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