para105

Discovery In Progress

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Hello everyone. Can someone please help me with a timeline to follow. I've been served, filed an answer, filed & attended CMC, and now doing discovery. OP finally sent CM Statement & in it stated I agreed to early settlement conf., which I did not. Should I leave it be or respond? Thanks

1. Who is the named plaintiff in the suit?  

    - Portfolio Recovery Assoc

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

    - Legal Recovery Law Offices

3. How much are you being sued for?

    - $1011.

4. Who is the original creditor? (if not the Plaintiff)

    - GE Capital

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

    - Summons served

6. How were you served? (Mail, In person, Notice on door)

    - In person

7. Was the service legal as required by your state?

    -  Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

    - None

9. What state and county do you live in?

    - California, Tulare

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

    - According to their claim, in 2012

11. What is the SOL on the debt?

    - 4 years in California

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or
looking it up online (many states have this information posted - when you find the online court site, search by case number or your name)

    - Complaint filed: 04 /07, 2014; Summons & Complaint served: 7/4/14    - General denial (PlD-C-010 form) Answer filed: 7/30/14

    - Plaintiff's RFA, Special Interrogatories, and RFP served 08/29/14

    - Defendants Answers to RFA, Special Interrogatories, and RFP- not completed

    - Defendant's RFP’s  served- 09/09/14

    - Plaintiff's Answers to RFP served 10/08/14

    - MSC scheduled for 03/04/15

    -Readiness Conference for 04/03/05

    - Trial scheduled for 04/06/15

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.

    - Already responded

16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment.

    - Account Stated

 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

    - There is an attached “Affidavit of Venue” which states the aforementioned after stating the proper jurisdiction language.

18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

    -Yes.

19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

There is no evidence with the summons and complaint

 

Thank you, Para

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Hello everyone. Can someone please help me with a timeline to follow. I've been served, filed an answer, filed & attended CMC, and now doing discovery. OP finally sent CM Statement & in it stated I agreed to early settlement conf., which I did not. Should I leave it be or respond? Thanks

 

So they filed the CMC statement after you attended the conference?

 

If so, the Court will probably ignore it.  I would think that the Court would already have issued whatever ruling it desired about settlement conferences at the CMC itself.

 

Am I missing something?  Is there another Case Management conference scheduled?

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You're not missing anything. They did file after hearing. Judge was not quite happy with the fill in attorney. When she asked him why he did not file one he put his head down and said "oh-oh I was not aware of that". She ordered him to get it in and also ordered to make contact with me since I informed her of the many failed attempts of contact w/OP.  Judge denied arbitration and scheduled SC hearing and trial.

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Shellieh98,

 

I have already sent my responses. I just need to start working on my defense. OP objected to all my requests but attached statements and bill of sale.

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Looks like the Court already ordered a settlement conference.  If you are concerned that the Judge might issue another order setting an earlier conference you could respond by sending a letter.  You don't want to convey the impression that you don't wish to participate.   So it should say something like "defendant believes that a conference after all discovery has been provided would be much more productive.".  Personally, I would probably just wait and see what happens.  The worst result would be an earlier settlement conference.

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I agree w/waiting. In the mean time, I'm trying to upload the redacted statements so someone can weigh in on why they might be that way. I don't see how to do that.

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So I received a letter from LRLO attorney threatening to file motion to compel for "incomplete objections w/out merit regarding my responses to discovery. Since they attached statements to my discovery requests, attorney said I must admit to all admission requests. with  Any responses are greatly appreciated.

1. Since they have attached statements, do I admit all questions?

QUESTION 1:

I applied for and received the credit stated in the plaintiff’s complaint from GE CAPTIAL RETAIL BANK.

ANSWER:

Denied.

QUESTION 2:

I used the credit stated in the plaintiffs’ complaint.

ANSWER:

DENY

 

 

QUESTION 3:

I understood that by using the credit, I agreed to the terms and conditions set forth in a written agreement by and between myself and GE CAPITAL RETAIL BANK.

ANSWER:

DENY

Plaintiff has presented no documentation in support of this question by which the Defendant could reasonably answer this interrogatory

QUESTION 4:

I received billing statements from GE CAPITAL RETAIL BANK for the account stated in the plaintiff’s complaint having last four digits 3344

ANSWER:

DENY

Plaintiff has presented no documentation in support of this question by which the Defendant could reasonable answer this interrogatory

QUESTION 5:

The billing statements indicate the amount of interest being charged.

ANSWER:

DENY

Plaintiff has presented no documentation in support of this question by which the Defendant could reasonable answer this interrogatory

QUESTION 6:

I failed to make payments on the account stated in the plaintiff’s complaint having last four digits 3344 in the amount set forth in the plaintiff’s complaint.

ANSWER:

DENY

Deny with Objection:  Calls for conclusion that Defendant has already denied. Also, Plaintiff has presented no documentation in support of this question by which the Defendant could reasonably answer this interrogatory

QUESTION 7:

I have made a payment toward the balance owed in the account stated in the plaintiff’s complaint having last four digits 3344 within the four years prior to 04/07/2014.

ANSWER:

DENY

Deny with Objection:  Calls for conclusion that Defendant has already denied. Also, Plaintiff has presented no documentation in support of this question by which the Defendant could reasonable answer this interrogatory.

QUESTION 8:

I have not paid plaintiff in the amount of $1011.28.

ANSWER:

ADMIT

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So I received a letter from LRLO attorney threatening to file motion to compel for "incomplete objections w/out merit regarding my responses to discovery. Since they attached statements to my discovery requests, attorney said I must admit to all admission requests. with  Any responses are greatly appreciated.

1. Since they have attached statements, do I admit all questions?

No.  They don't get to tell you what to admit or deny. They can rattle their sabre all they want. Let them file their motion to compel.  BFD. 

 

Listen to Calawyer on this point.  I am admittedly weaker on the discovery phase, as I came to these forums after that phase in my case. 

 

However, if you deny a point, the plaintiff does not get to coerce you into making admissions simply because they don't like your denial.  Let them eat cake.  It's not up to you to prove their case.  Don't be intimidated.

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Agreed. If you have already denied these; then there is nothing to compel. An admission or denial is an answer to the discovery leaving no reason to MTC.

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@para105

 

Did the attorney really say that you MUST admit to all of the admissions just because of the statements they attached?  What were his exact words?

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Regardless; admitting or denying is answering the discovery which leaves them with nothing to compel. You can file a MTC if it has not been answered; not if you simply don't like the answer.

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Depending upon the attorney's statement in the letter, it's possible there might be an FDCPA violation.

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I'd strongly consider asking the court for permission to file a cross-complaint.  Rosenthal.

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