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Being sued by Kenosian & Miele

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I am re-posting this, the first time had a lack of info, hope this helps better thanks.


Here is the lawsuit


Law Offices of Kenosian & Miele

8581 Santa Monica Blvd #17

Los Angeles, CA


This is for credit card debt for just under $5,000 and is now about $7,000 with interest and some lawyer fees.


I couldn't find templates for all of these, but form SUBP-025 that i received titled Notice to Consumer or Employee and Objection says:


Please take notice the requesting party SUNLAN-020105 seeks your records for examination by the parties to this action.

If you are a party to the above-entitled action, you must file a motion pursuant to code of civil procedure section 1987.1 to quash or modify the subpoena and give notice... etc etc. Since i am a party and would like to quash the subpoena, however i am not sure if there is a form to respond back to this or how to respond.


The other form i received is the SUBP-010 Deposition Subpoena For Production of Business Records. This just looks like a form the plaintiff sent to Citibank to request credit card info, doesn't look like i need to respond to that.


And the final form is the DISC-020 Requests for Admission. This has an attachment with the following questions and copies of credit card statements that are not itemized and i am not sure how to respond. The statements are over four years old in 2009 and 2010, however one of them says i made a payment in 08/2011, which would null the statute of limitations, but that seems fishy, since i just checked my bank statements and there was no deduction for $113 for a payment to citibank or anything. I answered some to the best of my ability. Some i copied from a previous poster.



1. Admit that you applied for a credit card from citibank now bearing account number xxxxxxx.
a. Denied. 


2. Admit that you received a credit card from citibank now bearing account number xxxxxxx.

a. Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.


3. Admit that you made payments on citibank credit cards now bearing account number xxxxxx.

a.  defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions.  (My bank records show not payment to a credit card, not sure if i should even mention that)


4. Admit that you became deliquent in the payments due on the citibank credit card now bearing account number xxxxxxxx.

a. defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions..


5. Admit that you left a balance due and owing on citibank credit card now bearing account number xxxxxxx.



6. Admit that you received statements regarding the citibank credit card now bearing account number xxxxxxxx.


7. Admit that the balance due and owned by you on the citibank credit card now bearing account number xxxxxxx.



8. Admit that at all relevant times, plaintiff has had and now has all rights, title, interest, and sole ownership to citibank credit card now bearing account number xxxxxxx.

Not sure about this one.


Thank you very much... anything else you need please let me know. 

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Just for the sake of clarification, you're not being sued by Kenosian and Miele.  They are the law firm representing the party (Plaintiff) who is suing you.  It would help if you would copy and answer the questions in the following thread.




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1. Who is the named plaintiff in the suit? Sunlan-020105

2. What is the name of the law firm handling the suit? Law Offices of Kenosian & Miele

3. How much are you being sued for? $4,600

4. Who is the original creditor? Citibank

5. How do you know you are being sued? (You were served, right?) Yes received summons

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? I received several calls and voicemails from collection agencies, but i dont believe i received any calls from the people actually suing me.

9. What state and county do you live in? San Diego County, California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per the copies of credit statements 08/2011 however my bank account shows no payment during this period. Without this payment the previous late fees or non-payments were back in 2009-2010 outside the four years.

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  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). After receiving the summons i filed an answer in which i denied the debt and then received form SUBP-025, SUBP-025 and DISC-020

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have until 11/06/2014 to respond. Please see my above post for the questions they were asking.

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. Copies of credit card statements not itemized.


Thanks again!

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