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 I will be posting a BOP and request for documents and would welcome comments a feedback

 

I would skip the BOP and go for the doc request. They've already given you everything you'd get from a BOP.

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Thanks for your input, so as things stand now would should be my next step? Should i send them Request for Production of Docs along with a BOP? or should i wait for them to make the next move?

 

 

Request for production.  If you just ask for one document, it will be an easy motion to compel.

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On thing you might want to do is scour the board to see if anyone has done a motion to compel the purchase agreement (it is often called a "forward flow agreement").  If there is one, I am sure it could be strengthened.  Plaintiff will object on relevancy grounds and you will want to do a good job countering the objection.  The FTC report has some very good information (starting on page 24) that you will want to read.  Here is a link:  http://www.ftc.gov/sites/default/files/documents/reports/structure-and-practices-debt-buying-industry/debtbuyingreport.pdf

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[

 

I would skip the BOP and go for the doc request. They've already given you everything you'd get from a BOP.

 

Request for production.  If you just ask for one document, it will be an easy motion to compel.

I found a Request of letter doucments from one of the posts i was reading, i made a few changes to it and would like to send it out. Would you guys please rivew to make sure it okay. THanks

 

First request for production.docx

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On thing you might want to do is scour the board to see if anyone has done a motion to compel the purchase agreement (it is often called a "forward flow agreement").  If there is one, I am sure it could be strengthened.  Plaintiff will object on relevancy grounds and you will want to do a good job countering the objection.  The FTC report has some very good information (starting on page 24) that you will want to read.  Here is a link:  http://www.ftc.gov/sites/default/files/documents/reports/structure-and-practices-debt-buying-industry/debtbuyingreport.pdf

Thanks i will ask around but i have been reading stuff on this site for the last few days and havnt see anything like that yet, but i will check to see what i can find. In the mean time i will send out request for doc once i get okay from you guys that its okay.

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I found a Request of letter doucments from one of the posts i was reading, i made a few changes to it and would like to send it out. Would you guys please rivew to make sure it okay.

 

Not OK.  You've already received the documents they'd provide in response to those requests.  You need one request for one document, and you need to be specific about what that document is.

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Not OK.  You've already received the documents they'd provide in response to those requests.  You need one request for one document, and you need to be specific about what that document is.

 Are you recomending that i remove all of them and just leve the # 4 ALL DOCUMENTS relating to or constituting affidavit of sale between ABSOLUTE RESOLTIONS CORP. and PLAINTIFF?   What if they have more docuemnts that they havnt sent me?   

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On thing you might want to do is scour the board to see if anyone has done a motion to compel the purchase agreement (it is often called a "forward flow agreement").  If there is one, I am sure it could be strengthened.  Plaintiff will object on relevancy grounds and you will want to do a good job countering the objection.  The FTC report has some very good information (starting on page 24) that you will want to read.  Here is a link:  http://www.ftc.gov/sites/default/files/documents/reports/structure-and-practices-debt-buying-industry/debtbuyingreport.pdf

@Sammyvill

 

texasrocker did this in his case, linked here. tr starts getting into it in post #12. No sample posted, but check out the thread and see what tr did, might be a good blueprint for getting it done here in CA.

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 Are you recomending that i remove all of them and just leve the # 4 ALL DOCUMENTS relating to or constituting affidavit of sale between ABSOLUTE RESOLTIONS CORP. and PLAINTIFF?   What if they have more docuemnts that they havnt sent me?   

 

I'm recommending that you request the purchase agreement. Only and specifically.

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Something like:

 

"The Purchase and Sale Agreement between _________ and _________, dated _________, and referenced in the first paragraph of the Affidavit _______, signed by____________ on  _______________ (date)."

 

 

 What if they have more docuemnts that they havnt sent me?   

 

You can always ask for additional documents in another set of requests, if you really want to.  The document being suggested will require a motion to compel and you're much better off doing that motion for one request than for several.

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Something like:

 

"The Purchase and Sale Agreement between _________ and _________, dated _________, and referenced in the first paragraph of the Affidavit _______, signed by____________ on  _______________ (date)."

 

 

 

You can always ask for additional documents in another set of requests, if you really want to.  The document being suggested will require a motion to compel and you're much better off doing that motion for one request than for several.

 

Oh okay i see where you going, ill change it up and post just that on the letter im going to send them. Then once they get back to me ill send them addtional doc requests to see what else they come back with.

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Something like:

 

"The Purchase and Sale Agreement between _________ and _________, dated _________, and referenced in the first paragraph of the Affidavit _______, signed by____________ on  _______________ (date)."

 

 

 

You can always ask for additional documents in another set of requests, if you really want to.  The document being suggested will require a motion to compel and you're much better off doing that motion for one request than for several.

Lets hope i got it correct this time. Wasnt sure if the deffination need to be thier or not so i just left it. See attachemnt please First request for production.docx

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Sammy,

 

First thing I would caution you to do is SLOW DOWN!  One of the largest challenges we make when defending a case is to take an action quickly, without thinking through the entire outcome.  Unless you were served on this suit 8 or 9 months ago, you have time to be methodical about the acitons you take.

 

You mention above in reply #21 that you have recieved Request for Admissions from the otherside.  Is this accurate?  If so, these will need to be answered in a timely fashion, by CCP within 30 days with 5 days for mailing.  Personally, I would make sure that my answers to these are what I want them to be, before sending out your own discovery request.  There maybe something in the questions that they are asking that you can exploite to your advantage...

 

These cases are like a chess match you want to take an action today that pays dividens down the road, not just fire on Motions and Discovery to do so...

 

Discovery is ongoing and possible up to 30 days prior to trial, so again you have time to get it right, not just get it...

 

How about we get a look at what they want you to admit first, before we finalize the exact wording of your request for documents?

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Sammy,

 

First thing I would caution you to do is SLOW DOWN!  One of the largest challenges we make when defending a case is to take an action quickly, without thinking through the entire outcome.  Unless you were served on this suit 8 or 9 months ago, you have time to be methodical about the acitons you take.

 

You mention above in reply #21 that you have recieved Request for Admissions from the otherside.  Is this accurate?  If so, these will need to be answered in a timely fashion, by CCP within 30 days with 5 days for mailing.  Personally, I would make sure that my answers to these are what I want them to be, before sending out your own discovery request.  There maybe something in the questions that they are asking that you can exploite to your advantage...

 

These cases are like a chess match you want to take an action today that pays dividens down the road, not just fire on Motions and Discovery to do so...

 

Discovery is ongoing and possible up to 30 days prior to trial, so again you have time to get it right, not just get it...

 

How about we get a look at what they want you to admit first, before we finalize the exact wording of your request for documents?

 

I’m Sorry Skippy if I am  jumping the gun, it’s just that I finally getting the help I need so I wanted to take advantage of this as much as I can before people stop replying. The amount of information available here is so much I just wanted to get things lined but now so I can fight and win this ASAP. So let me break thing down so you and everyone else can offer your advice

 

  • As of yet they have not sent me Request for Admissions. They only thing they have done were that they sent a reply to my VD request with the info I already posted.
  • I was being recommend to send them a Request for production of documents and ask them for  The Purchase and Sale Agreement between Absolute and GCFS Inc to which they should object to, and then I would file a motion to compel, hopefully they court would agree and that may get these guys to dismiss their case.

If there is something that I missed or misunderstood I apologize all this is still over whelming.  

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Just wanted to reiterate what skippy1960 recommended here. @Sammyvill - items you posted have some of your personal info, I'd take them down, redact them, and post back up. I'd advise keeping details vague (money amounts, etc) - precautions to make you less identifiable.

 

Agree with the general consensus here regarding the (lack of) admissibility of those items. The packet you received (generic account agreement, bills/affidavits of sale, account statement) are the typical packets JDBs send to everybody. Read enough threads and you'll see this is standard for the JDBs, nothing special about it.

Thanks Ryan for the tip, i read threw the info you sent and it seems like i can pull that off with my case.

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Sanmy,

 

The board will generally not abandon you or decide not to help.  I have been around here since 2009 and rarely has anyone seeking assistance not recieved it.  It is a good practice to give yourself as much time as possible to prepare documents to meet deadlines.  So there isn't anything wrong with wanting to get things done.  Coming to the board on a Monday night when you need to respond to Motion for Summary Judgement on Tuesday is where folks get into trouble seeking help. (You may not understand this comment, but you will down the road)

 

I missed the part where you stated (they haven't done so yet) regarding RFA's to you, so my bad.....

 

Seems as though you are good to go on sending the RFPD asking for the elusive Purchase Agreement.

 

Although some the CCP statutes you have quoted in your example need further numbers.  Currently you are quoting section 2031. (g) (h) (I).  I believe you are referencing CCP 2031.310 as the full statute.

 

You should go read these before you use them to make sure they are what you want.  Always good to pick up a free education along the way while fighting your case.  Copy and Paste documents are very helpful, but you need to make sure that you proof each one and look up the Statutes to make sure they are correct and related to your case.

 

Each case can be just a bit different, unfortunately in the court system WORDS and NUMBERS have consquences. You will get some slack a a Pro Se defendant, but you really want your best work all of the time....

 

Be sure to send the Discovery CMRR you need to be able to prove they recieved it on a certain date, plus this starts the cloick ticking on when their repsonse is due...

 

Best of Luck

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Thanks skippy, i will do just that. I will send it to them first thing in the morning and wait for a response.  Now as i opened the mail box today i received yet another letter from them is a copy of Order to show cause hearing that has been assigned 05/15/2017 at 8:30 AM, its stamped and filed as of 05/20/2014, attached to it is a proof of service dated 06/27/2014 but it hasn’t been filled. I can ignore this right since I already filed a General Denial right?

  Order to show cause hearing0001.pdf

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Given that the hearing date is some 2 years away, at persent you can disregard.  The pupose of this is to help the court clean up old or abandon cases.  In the county of los angeles having 10 debt collection attorney's filing 25-30 cases weekly adds up over time.  They miss a few cases and it sits, this allows the court on a date certain to clear the cases and also possible collect some money from the plaintiff's for letting the case sit.

 

Assuming you filed your answer and POS with the answer you should be good to go....

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Yes i filed my answer a few days ago and i mailed my POS to the court house today. I will be sending my Production of Documents to them with Return Receipt tomarrow morning.  I was reading around and i noticed that few people have also sent  Request for Admissions to thier collectors is this something i should consider doing or should we wait to see what happens with the Production of Documents first?

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Yes, you will eventually want to send some RFA's.  But as I mentioned earlier you want to make sure what you are going to ask them to admit or deny, is worth something to you.  In a limited civil case such as yours you only get to ask 35 discovery requests, any mixtures of RFPD, RFA's and Interogattories.  Same for the otherside.  Since you only have 35 no need wasting them on frivalous requests.

 

CaLawyer was correct in that only send a small amount of discovery at any given time.  If you have to file a Motion to Compel, it makes it easier to put the motion together.

 

I know there are some that believe forcing the otherside to continue to have to deal with your case by barraging them with discovery, can be a strategy.  But remember when the otherside decides to send you a whole bunch of non responses or objections, and you have to create a MTC response.  Which is a chore.  Then who is really doing the work....

 

By the way in many instances once they recieve a MTC they can offer new responses or unanswered responese at no real penalty.

 

If you have an attorney and could be awarded attorney fee's for filing a MTC discovery, then there is a hammer or reason for the otherside to be on time and file answers.  You are Pro Se, so the otherside can take there time and answers as they like, because you will not have attorney fee's at $250-$400 per hour to create and file a MTC discovery.

 

From my experience Discovery is a neccessary evil for Pro Se, courts are fairly lienient with both sides in the discovery phase unless one side is really being unreasonable....

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OK. first off did you send the other side copies of your answer? if not then you need to do that. I am of the opinion that sending a Bill of Particulars helps to show that the stuff they sent is not applicable. Since it wouldn't hurt to get into a BO

P fight and request that forward flow in the BOP. read the following links:

http://california-discovery-law.com/

http://www.courts.ca.gov/formname.htm for the form interrogatories you will need

also you are limited to 35 requests total so lets get good discovery going. But first send the bop.Seadragon copy of Calawyers famous Bill of Particulars.docthen start working on getting more bang for the buck in discovery:

redacted request for admissions response 4-26-10.zip

redacted request for admissions response 4-26-10.zip

Redacted first request for production of documents.doc

ESI RFPD.zip

 

also download and install open office because my docs are created on it:

https://www.openoffice.org/download/

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OK. first off did you send the other side copies of your answer? if not then you need to do that. I am of the opinion that sending a Bill of Particulars helps to show that the stuff they sent is not applicable. Since it wouldn't hurt to get into a BO

P fight and request that forward flow in the BOP. read the following links:

http://california-discovery-law.com/

http://www.courts.ca.gov/formname.htm for the form interrogatories you will need

also you are limited to 35 req

Thanks for coming in to hlep me Seadragon. Yes i did send the other side a copy of my answer and they send me back the packet i talk about in the first few posts. As far as the BOP i have not sent it out yet becuase a few people who commented that it wont do much so i was going to send Production of Documents. If you guys feel i need a BOP i can send that out as well.

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http://california-discovery-law.com/

http://www.courts.ca.gov/formname.htm for the form interrogatories you will need

also you are limited to 35 requests total so lets get good discovery going. But first send the bop. then start working on getting more bang for the buck in discovery:

I jumped on the links you sent me but i wasnt sure were to go from thier.

 

also download and install open office because my docs are created on it:

https://www.openoffice.org/download/

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http://california-discovery-law.com/

http://www.courts.ca.gov/formname.htm for the form interrogatories you will need

also you are limited to 35 requests total so lets get good discovery going. But first send the bop. then start working on getting more bang for the buck in discovery:

I jumped on the links you sent me but i wasnt sure were to go from thier.

Just read and familiarize yourself with the forms of discovery and what the can and cannot do for you. Don't worry you have some time, you want to do this smarter not harder. So when you look at the discovery examples look at the statutes and what to do when they don't want to give you stuff.

 

also download and install open office because my docs are created on it:

https://www.openoffice.org/download/

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