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Responding to Pre-Trial Memorandum


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Hi all -

 

I asked this already in my main thread, but figured I'd try it again in a separate thread, since I know there's a pretty heavy volume of traffic on the board.

 

My pre-trial hearing in next Tuesday.  I just received the memorandum on Saturday, and I have to respond soon.  I really wish I could just paste the text here, but my browser security settings won't allow it, so I attached the file.

 

I'm planning on typing the following response on a separate sheet:

 

"Defendant denies entering into a credit card agreement with Bank of America on or around May 9, 2005

 

Defendant denies making a payment to Bank of America in the amount of $258.65 on October 10, 2008."

 

I'm going to mail it and also send a copy by fax tomorrow, so they can't say I didn't comply with the deadline.

 

Any suggestions would be greatly appreciated!

 

~ B

 

 

 

 

 

 

 

 

 

 

 

 

PreTrial Memo redacted.pdf

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@barbaraj0301

 

Did they respond to that request as overly broad...something like that?   Did they possibly say that they've provided all their documentation?

 

Yes, it might be too late now to request further documentation.  BUT, it would be an issue you'd raise in your opposition.  The plaintiff has claimed that a final payment of $xxx was made on such and such date but has not provided documentation from the OC evidencing such a payment.  

 

If you never made any charges to the account, then in your affidavit, you might add that you deny ever making charges or payments on the account in question because you did not open the account.

 

BTW, do the statements show your name and address? 

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@barbaraj0301

 

Did they respond to that request as overly broad...something like that?   Did they possibly say that they've provided all their documentation?

 

Yes, it might be too late now to request further documentation.  BUT, it would be an issue you'd raise in your opposition.  The plaintiff has claimed that a final payment of $xxx was made on such and such date but has not provided documentation from the OC evidencing such a payment.  

 

If you never made any charges to the account, then in your affidavit, you might add that you deny ever making charges or payments on the account in question because you did not open the account.

 

BTW, do the statements show your name and address? 

 

@BV80 -

 

Yes, I got the standard "overly broad, burdensome, ambiguous" nonsense in their response.  They also said that they reserved the right to amend their responses if "new information" came to light.

 

I just posted an update on my original thread...

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