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Thank you @string and @RyanEX

I have both the general denial and BOP prepared each with a proof of service. I'll send them out tomorrow.

*General denial goes to both the court and plaintiff, with different POS for each.

*BOP goes to plaintiff only with POS.

Please correct if I am mistaken.

 

different POS for each?

 

Are you mailing your denial to the court? or taking it yourself?

 

btw I'm not aware that the denial can be mailed, I always understood it needed to be personally dropped off. When it is dropped off, you time stamp it at the clerks office, you include a copy of the same POS of the copy you mail to the plaintiff, but it's not different.

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okay...

 

the General Denial

- Plaintiff's copy: Copy of the denial, copy of the POS, mailed to the Plaintiff's attorney

- Court copy: Take the originals of the denial and the POS. Time stamp them at the clerk's office. Have copies made there (with the stamp) for your own records - they'll probably charge 50 cents a page for it. Leave the originals with the court.

 

the BOP

- Plaintiff's copy: Sent along with it's own POS - mailed CMRRR

- obviously keep the originals of the BOP & POS for your records. No copy to the court.

 

I don't think it's necessary to mail the plaintiff's copy of the Denial via CMRRR. Including the POS is good enough. Save yourself the $4 or $5 on that one.

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Thank you everyone for getting me through this first part.

I mailed (CMRRR) copies of my general denial and its POS to the plaintiffs lawyers. I filed the originals with the court and had the clerk stamp copies for me.

I also sent copies of the Bill of Particulars and POS. Kept the originals.

I'm not nearly as stressed out now.

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I successfully beat back H&H two years ago.  Like you I too was "sewer served" a fact that I chose to ignore.  Instead I responded to the suit in a timely manner and filed multiple discovery requests within two months of being served.  They made a lot of costly mistakes, never served me with any discover requests of their own, and four months in, dismissed their lawsuit without prejudice. 

 

I'm in a similar situation to all of this. Not surprising. I was served by H & H with no prior "We're gonna sue you, you've got 30 days to..." letter. First time I heard from them was the summons.

 

The summons had NO supporting evidence of any kind. I "answered" but didn't do anything else being counseled that it will most likely go away. The case was dismissed because H & H didn't respond.

 

Months later I get a notice that they're moving to have the dismissal vacated from a court in a different city. I was unable to make THAT court date and the judge vacated the dismissal. And set a trial date for next month.

 

I'm confused as to what to do next. I have never asked for, much less received, ANY supporting evidence from them. No statements, or anything. Just their filings. 

 

I assume I should file a motion to dismiss but on what grounds?

 

What do I SAY in court?

 

Any suggestions?

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@NorSoCal you need to start your own thread so we can help guide you. This is johns thread, it gets to confusing for the op with multiple topics going on. Post a new thread, and in it answer the questions pinned at the top of the forum, and we will help you.

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Hi everyone, I have an update and would appreciate some input.

My parents moved to another county, I didn't change my address with the court until 3 weeks after that. H & H sent me a response to my BOP which was meaningless statements with an account number and amount. No purchases, or payments or anything else. I received that from the old address.

Here's where it gets weird: I recieved a request for admissions, a motion to compel admissions because they were unanswered, and a letter from H&H stating that I didn't change my address with the court. They found me by asking USPS for a forwarding address. So I recieved all of this basically at the same time and it's saying there is a hearing for the motion to compel in two weeks. So that's where I'm at now. A motion to compel, admissions deemed admitted, and monetary sanctions for legal fees. Am I screwed? Should I still send in the response to the interrogatories, admissions, and they're asking me for documents etc? My answers will most likely be objections and "cannot provide info for an account that does not exist".

This is fishing and I don't know why it's legal, also having me admit anything without an admission is ridiculous. They want me to do their job for them? The burden of proof should be their deal.

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John,

 

Unfortunately, you are seeing the results of trying to hide from this issue.  We all come here afraid and not knowing what to do.  Law suits as with most things in life, it is much better to face them Head On, than trying to stay underneath the radar.  By not taking Ryan's initial advice, you are in the soup. Now you are fighting a case in a county that is a good distance from you.  When filed our answer you didn't bother to offer a true and correct answer to the court or the other side.  So now the other side has you over a barrel with few options, little time and not enough knowledge to accomplish the task.

 

Given that you are in a tough spot.  You need to respond to the Motion as quickly as possible with answers to Request for Admissions and any other discovery request.  I am not sure if Sonoma County uses tentative rulings, but if they do and you don't respond with any filings the RFA's will be deemed admitted, H&H will be able to file for summary judgment as the case is done.

 

Frankly I am posting more for others that might read this thread.  A key to having a chance to win is being proactive in your case.  Spending the time learning from this site and others posts.  Filing an answer is only the first step, you can't walk away and comeback in 6 months and expect to find good or valuable solutions to your case.

 

Finally, there are hundreds of ways for the Plaintiff to win a debt collection case.  The first way and easiest is to have a defendant who isn't motivated to learn or participate.

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@skippy1960

I did not hide from this. My parents moved, that was out of my control and I was using their address.

If you read the recent post you'll see that I changed my address with the courts. Also I have no proof that I live in SF, I'm subletting and I'm not on the lease. I only have a hospital bill that was sent here, otherwise all mail is sent to my parents house or dealt with online. They've moved once in 24 years while I have moved a couple times per year. It's not realistic to change my address every time I move.

With that cleared up, what are my options regarding the laziness of H&H to use the new address?

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So you filed a MC-040 change of address? You would have needed to get it stamped, and also serve a copy upon H&H along with a POS. Did you get all that done?

 

What is the date of your MC-040 filing, and what was the date H&H claim they sent you Requests for Admissions?

 

Like skippy mentioned, you need to respond to the RFAs as soon as possible, that's what will help the most. If they sent you RFAs before your filing, or if you didn't serve them a copy, they have the advantage. There are several examples on the site of RFA questions and answers. Post yours up if you need help.

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@RyanEX Thank you much appreciated. 

 

No, I was in the courtroom and the judge's assistant put my new address in the system. I asked if that was all I need to do, she said "Yes and we will remind you of your CM meeting in March." 

 

New rule for me, don't listen to anyone at court. I'll send in both the MC-040 and RFAs Monday. Hope it's not too late. 

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I would file a response to their mtc saying what happened and answer all the discovery they sent you (and mention that in your response) then go to the MTC and argue your position the best you can.

I would not waste any time getting it done, maybe overnight delivery on the discovery respone. Include a meet and confer letter to plaintiff as well explaining what happened and that you have answered their request and ask that they cancel the mtc. I would try to use as few objection as possible on their discovery so there is nothing to compel.

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@skippy1960

I did not hide from this. My parents moved, that was out of my control and I was using their address.

If you read the recent post you'll see that I changed my address with the courts. Also I have no proof that I live in SF, I'm subletting and I'm not on the lease. I only have a hospital bill that was sent here, otherwise all mail is sent to my parents house or dealt with online. They've moved once in 24 years while I have moved a couple times per year. It's not realistic to change my address every time I move.

With that cleared up, what are my options regarding the laziness of H&H to use the new address?

 

John,

 

You assume that the court or H&H are being to lazy in not use the new address.  They don't care and they don't play fair!  You left them low hanging fruit, by first not challenging that they filed in the wrong court.  Then by not giving or filing the correct form to correct your true address, even if you were going to accept the jurisdiction of the Sonoma County court.

 

Not to mention that your last post in JUNE 5 2014 when you sent your BOP and Filed your answer.  This is November and now it is an emergency and you don't know what to do?  H & H are sloppy but I am sure they answered your BOP, in a timely fashion.  So where is your post about what you received from them in late July or early August asking what the next steps should be?

 

I know what the answer would have been from this board.  The board would have told you to keep the pressure on and sent RFPD, regarding something they didn't send to you.  Likely a few RFA's about something in the documents you received.  So you see you would have been on offense, pushing them to do things on your case.

 

Just so you know answering discovery from any one of these collection attorney groups can take at least a 2 days minimum and a lot of help from the crew around here.  Because if you don't answer them just right, you can agree to the debt in some way shape or fashion.

 

I want you to know that I am not trying to pick on you, but I am using your experience as an example to other new posters that may read your thread.  I am sure if you are honest with yourself, you wish you had done things differently at this point.

 

If you really want help, what is the MTC answers hearing date?  And it might be good to post the questions your are being asked for the RFA.  Then we might be able to offer you some assistance....

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Thank You @skippy1960,

 

It was a different kind of situation, and a confusing one at that. I filed the denial because I was told that I was legally served, and that I would default if I didn't. Immediately after I sent off the Denial and BOP I had to leave the country for work, while I was gone over a month my parents moved. They couldn't afford the house anymore and didn't want help with my inconsistent income. I didn't know the address for around 2 months, when I returned I supposedly changed my address at the court. I hadn't received anything from them in late July or early August, it all came in October. July 15th is the date they originally tried mailing the RFAs. Yes I would have done things differently, I would have asked you guys how to handle this instead of the judge's assistant! So while H&H didn't have my address, I never received any mail from them until October 15th. This was also unfortunate because I was out of the country again, all of October until November 3rd. Another thing I wish I could have done differently is hire one of YOU to do all this while I'm away. Anyways, no point in discussing this further.

 

The hearing date is Dec. 3 

 

Here's verbatim:

 

[AMENDED] NOTICE OF MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION OF TRUTH OF FACTS BE ADMITTED AND FOR MONETARY SANCTION AGAINST DEFENDANT...

 

-Then it gives dates and department- 

 

  

SUBMITTED WITHOUT APPEARANCE PURSUANT TO CRC 3.1304©

 

Then it goes into the location, amount for sanctions, etc.

 

"at 3:00pm or as soon thereafter as the matter may be heard,"  - I'm not quite sure what this means.

 

In the next post I'll show the RFA. I've been looking as Seadragon's examples as they are in California although I only have the response to ROGS, not Admissions.

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Post the RFA's first and I and others will help you with the answers.  You need to get the answers to the RFA's done and completed and sent to H&H by next week. If we don't get you some responses filed you will loose the motion and the case.

 

I will also help you with a response to their motion that you can file with the court.  By statute you needed to respond in 30 days from date of receipt.  But the courts generally may give some leeway if you can show that by filing the late answers the Plaintiff has not been prejudiced in any way.

 

Don't fret on the interrogatories just yet, the only thing the court can do is sanction you monetarily.

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I know this is super long but any help will suffice, I'm sending this out Monday as I have to work all weekend. I'll check back tomorrow and Sunday as I write it out before work. Thanks a kagillion!

 

 

 

 

Interrogatory Number 1: Did you ever submit a request for credit account to us bank?

 

2: Did us bank issue a credit account number xxxx in your name?

 

3: State the approximate date you opened the credit account (for the purpose of these interrogatories, the credit account shall mean credit account issued to you by us bank account number xxxx...)

 

4: Identify (for the purpose of these interrogatories, identify shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for the credit account.

 

5: Identify each and every person who you ever authorized to use the credit account.

 

6: did you use the credit account?

 

7: Is $x,xxx.xx, the amount set forth in the complaint in this case as the sum owed as of (date) 2014, your balance due as of that date on the credit account?

 

8: If you do not agree that $x,xxx.xx, the amount set forth in the complaint in this case as the sum owed, is your balance due as of (date) 2014, on the credit account, state all facts upon which you base your denial that the sum of $x,xxx.xx is your balance as of (date) 2014, on the credit account.

 

9: Did you ever report to us bank (for the purpose of these interrogatories, us bank shall mean and refer to PORTFOLIO RECOVERY ASSOCIATES, LLC, and/or its predecessor, us bank, and/or any collection agent or agency purporting to represent PORTFOLIO RECOVERY ASSOCIATES, LLC or us bank, as to this account) that the credit card for the credit account was lost or stolen?

 

10: Did you ever report in writing to us bank or PORTFOLIO RECOVERY ASSOCIATES, LLC  that there was any problem with the credit account, which problem remains unresolved?

 

11: Did you receive periodic statements from us bank regarding the credit account?

 

12: State the approximate date of your last payment to us bank on the credit account?

 

13: Have you ever corresponded with us bank in writing regarding the credit account?

 

14: Have you ever corresponded with Portfolio in writing regarding the credit account?

 

15: State all facts upon which you base your denial of the complaint in this action

 

16: State all facts upon which you base each affirmative defense to the complaint in this action.

 

 

 

 

EACH OF THE FOLLOWING FACTS IS TRUE:

 

1. (me) had a credit account number xxxx

 

2. Credit account number xxxx was issued to (me) by us bank

 

3. (me) received periodic statements regarding credit account number xxxx issued by us bank

 

4. As of on or about (date) 2014, the balance owed by (me) on credit account number xxxx was $x,xxx.xx

 

5. (me) has not made any payments on credit account number xxxx since (date) 2014

 

6. (me) submitted a payment towards the outstanding debt on credit account number xxxx within the 4 years immediately prior to (date) 2014

 

7. PORTFOLIO RECOVERY ASSOCIATES, LLC was assigned account number xxxx

 

8. PRA is the current owner of, including all right, title and interest in, account number xxxx

 

9. (me) received through the U.S. mail a pre-legal notification from PRA regarding credit account number xxxx

 

 

 

 

 

Plaintiff PRA demands that you produce and permit the inspection and copying, pusuant §2031.010 et seq. of the Code of Civil Procedure, of the following documents:

 

1. All correspondence, whether original or copies, sent by you to plaintiff PRA or to us bank and/or any collection agent or agency purpoting to act on behalf of PRA or us bank within the past 5 years  regarding any problem with your former us bank credit account number xxxx

 

2. All correspondence, whether original or copies, sent to you by plaintiff PRA or by us bank and/or by any collection agent or agency purporting to act on behalf of PRA or us bank within the past 5 years regarding any problem with your former us bank credit account number xxxx

 

3. Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your former credit account number xxxx with us bank (If you cannot find a copy of the last payment, send a copy of the last payment you are able to locate).

 

4. Any and all documents supporting the affirmative defenses alleged by you in this action

 

5. Any and all documents supporting any and all of your general or specific denials of PRA allegations in this action.

 

NOTE: You are also required to serve a written response to this demand...

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Oh sorry just saw this @skippy1960 well it's all there. Thanks again for helping even after I was an obvious fool.

 

Post the RFA's first and I and others will help you with the answers.  You need to get the answers to the RFA's done and completed and sent to H&H by next week. If we don't get you some responses filed you will loose the motion and the case.

 

I will also help you with a response to their motion that you can file with the court.  By statute you needed to respond in 30 days from date of receipt.  But the courts generally may give some leeway if you can show that by filing the late answers the Plaintiff has not been prejudiced in any way.

 

Don't fret on the interrogatories just yet, the only thing the court can do is sanction you monetarily.

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John,

Here are some reasonable answers to the RFA's. This is the format/filing you should use. Be sure to carefully read and enter you name or information that is specific to the case.

Remember you use "me" in a number if instances, so you have to change this to match the true designation.

It is not necessary to include the question request only the answer, so you will need to cross reference the question with the answer from each document.

The interrogatories will take a bit more time, look for those on Sunday.

If you want help with the response to the Motion to Compel I will need to see it. Impossible to write a response without seeing the motion. Look for a Private Message.

Responses to Demand for Request for Admissions .doc

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Here are some answer to the Interrogatories.  You should be ok with these.  Remember only you know some of the information regarding what you sent to US Bank in the way of letters and correspondence.  So if you have some 6 month back and forth with the bank about this account you better change some of this to fit your circumstance.

 

Generally, speaking it is all about denying and letting them bring what they may have in the way of proof.

Response to Demand for Interrogatories .docx

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Here's an update on my case:

 

The Interrogatories, Admissions, Request for Documents, were all sent to the plaintiff with a letter about the change of address. An opposition to their motion to compel was filed with the courts, as well as a declaration. Those were stamped and sent to plaintiff as well. Also filed with the courts was a change of address. 

 

There was a hearing for the motion to compel that included monetary sanctions against me, the judge denied the plaintiff on both. So it looks like everything is on track right now. There is supposed to be a case management meeting in march and I think the trial is set for April. I'm going to do some research on what to do at this point as I don't want to make the previous mistake once again.

 

So now go on the offensive? Are there requests that I send to them? I've only sent the BOP so far, but I'll be searching the boards on what's next. HUGE THANKS to @skippy1960 for getting me through this. If any of you have a motion to compel for admissions let me know and I can help pass on some of the information I've learned.

 

Cheers everyone.

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@John4600 Where are you located?

I'm dealing with H & H right now. Trial is on 12/8 if they don't dismiss. 

There are a few threads re: H & H and Portfolio. 

Read ASTMedic and Homeless' threads. 

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