kawikaweston

Fighting a lawsuit filed by Persolve ...

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By the way, what date is your deadline for serving Discovery, Set One, on Plaintiff?

I mean to ask, Is there any reason for not pausing to read before turning from Demanded BOP non-responsive reply to Defendant's Requests for Discovery?

Just checking... "-D

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I don't have a trial date yet. First conference is set for 2/3/15.

All the more reason then, step awaaaaaaaay from the device you're on right now.

Tune to some smooth jazz, anything without words - just soothing sounds... even rain, surf, etc loops will clear your brain ... (Ex-nay to the TV)

Shower, change - REFRESH!

By golly, who is the champion in your life's narration of this case? YOU ARE!

So, treat you well, for best results!

Get a pitcher of cool, clear water, and a nice clean glass.

Serve up a pretty plate of veggies, or fruits, or boiled egg whites, or ants on a log, (celery sticks filled with nutbutter of choice and dotted with dried fruits, such as raisins, apricots, dates, berries...) - feed you like you would feed Socrates, were he to appear to teach you all this using The Socratic Method! You are worth it! You deserve it! You need it to be your best, feel your best and DO YOUR BEST!

Then, get to reading. No distracting words from lyrical music, or TV, or housemates/kids/neighbors - cloister yourself, reading, taking notes & emailing yourself salient points / pages / attached files.

You will emerge like the Phoenix once the reading is accomplished!

Victory is within your grasp!

Warmly,

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I want to send a Meet And Confer Letter regarding this piece of evidence ... 

Am I on the right track? I can always get additional information on the other items they sent me through discovery.

 

I think you're on the right track if that's what you decide to do (someone will likely chime in with helpful edits), but keep in mind that you've already accomplished much of what you want via BOP:

 

you've basically received what everyone else gets in response, and while pursuing it further will definitely make them work (always a worthy goal), many judges have said to just get it in discovery.  (although if your judge likes your argument, you could get the holy grail - preclusion!);

 

you've received enough (bos) to potentially end it with an RFP/MTC;

 

you have what you need (the insufficient BOP response) to use as a weapon in case they serve discovery on you.

 

 

my question is: what are you going to do with all that stuff if they produce it?  (are you aware of an error in there?)

 

you'll get support here whatever you decide, but make sure it's a part of your plan to win the war (before you start that battle).

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Good points string ... I guess receiving less information from them will actually work in my favor!! Since I have some time, I am going to take HelpGreg's suggestion and read up to help me plan my next move!!

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I have a quick question ... In the group of papers I received yesterday from my BOP request, I received a "Affidavit of Sale of Account by Original Creditor" ... It was notarized but the funny thing is that even though the Affiants name was typed on the document, it was never signed by her! Also, it doesn't say anything about "being sworn under penalty of perjury". I'm thinking that's a big deal!!

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I have a quick question ... In the group of papers I received yesterday from my BOP request, I received a "Affidavit of Sale of Account by Original Creditor" ... It was notarized but the funny thing is that even though the Affiants name was typed on the document, it was never signed by her! Also, it doesn't say anything about "being sworn under penalty of perjury". I'm thinking that's a big deal!!

I also checked on an Iowa website and it states "The affidavit must include the following language: "I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct." The affiant should then sign and date the document." The funny thing is is that the form was downloaded off of a New York Courts website because it shows the link under "Free Civil Court Form".

 

It looks like this document is not valid and I can have it excluded which means they cannot complete their Chain of Title ...

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At this point they have not tried to introduce it into evidence yet.

Affidavits are not admissible at trial. CA evidence code 1200. The case to cite is Elkins v Superior Court. There's a few more cases as well when the time comes.

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@Anon Amos is spot-on, as per always "-)

And, good catch for you, RE: "..."The affidavit must include the following language: "I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct." The affiant should then sign and date the document." The funny thing is is that the form was downloaded off of a New York Courts website because it shows the link under "Free Civil Court Form".

That is a common tactic in other states as well. The normal person, being of sound moral fiber, thus, taking affidavits seriously, not as pawns in a scheme, is often riled at the sight of one and, ___assumes___ it valid - thinking, nobody in The Legal Field would ever do anything improperly, much less inadmissibly.

Ah, the innocence of yore! "-)

It is nothing they personally did in offense to your intelligence, but something routinely caught by many, in various states across the nation.

Again, good catch!

How is your reading coming along? What thread (s) have you completed thus far?

Be good to you!

Warmly,

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How is your reading coming along? What thread (s) have you completed thus far?

Thanks HelpingGreg ... So far "Standing when dealing with JDB" by Coltfan1972. Awesome stuff!

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Thanks HelpingGreg ... So far "Standing when dealing with JDB" by Coltfan1972. Awesome stuff!

EXCELLENT!

You're on the pathway toward VICTORY!

No doubt about it.

Stay true to the course!

Warmly,

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They will fight it and you would want them not to know about it. The way to get it is to look on the bill of sale and request that specific document. Prepare the subpoena, take it to the court for the court to stamp it and send it out or take it to the local branch of the bank. I think that taking it to the local branch manager would be sufficient.

I think that it will bear fruit.

Once you get this document you will destroy their argument. I know this is new but if you can destroy the presumptions in the ccp 98 or a witnesses testimony at trial it is worth doing.

"... take it to the local branch of the bank. I think that taking it to the local branch manager would be sufficient." Seadragon, Do you think that will work? I'm willing to try it!

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"... take it to the local branch of the bank. I think that taking it to the local branch manager would be sufficient." Seadragon, Do you think that will work? I'm willing to try it!

I promise you this, Seadragon's keystrokes are golden. I am sure other heavy hitters on-site agree.

No harm in double-checking, but these aren't generally the things jokes are made of. "-)

Just always remember that 2 identical twins could present 2 identical cases with the identical plaintiff, before 2 similarly educated, experienced and leaning judges and STILL walk away with dissimilar outcomes.

You are progressing through this very well!

Warmly,

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Yes I Think this is doable, but we are looking into the proper way to go about it. Persolve loves to take it all the way to trial, so you have to wonder if they will close the gaps in their litigation. They usually do ccp 98, but have brought witnesses to trial before. So if you subpoena from the OC they will oppose it. At this point we are looking into implementation to achieve the goal.

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I am getting ready to go back east for the holidays for a couple of weeks so I want to get my Discovery out in the mail next week. Question: The response I received back from the Plaintiff was lacking in information. Do you think it's a good idea to send a Meet And Confer letter addressing the missing items or can I just re-request them in my Discovery? I'm thinking that I might need to send the Meet And Confer because the Plaintiff could say they already responded in my request for BOP or I could refer to what the Plaintiff sent in my BOP in Discovery and mention to them that the information was lacking and I still need ...

 

Your thoughts?

 

P.S. HelpGreg, still reading!!

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I'd send a meet and confer  with a 10 day letter. If you time the holidays rights, you might trip them up

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How does this look?

 

Meet And Confer Letter

 

On December 1, 2014, the Plaintiff responded to the DEFENDANTS DEMAND FOR BILL OF PARTICULARS; thank you. However, the response served is not sufficient.

 

The Plaintiff has alleged cause of actions for an Open Book Account and Money Lent. In the Plaintiff’s response, the Plaintiff attached an Exhibit “1”. The Plaintiff alleges that this is “… a printout of Plaintiff’s computer system reflecting Defendant’s account …” and “It is Plaintiff’s business practice to enter each debit and/or credit applicable to a particular account, including Defendant’s account, at or about the date such event occurred.” Although the printout does show that an account was allegedly created for the Defendant by the Plaintiff, the printout does not show the corresponding debits and/or credits as well as the dates such events occurred.

 

To reiterate my original request in my DEMAND FOR BILL OF PARTICULARS, I will need the following:

 

- The specific items for which payment is demanded;

- Date of each item, transaction or service;

- The specific charges for the services or items;

- How the Plaintiff came up with amount suing for in the amount of $X,XXX.XX

 

In responding to the Defendant’s request for “Proof that the plaintiff owns such account”, the Plaintiff attached the following Exhibit “2” incomplete documents that the Plaintiff alleges are “a true and correct copy of the Chain of Title from WELLS FARGO to the Plaintiff.” They are:

 

- “Exhibit 1 - BILL OF SALE” mentions an “Agreement for Purchase and Sale of Charged-Off Accounts dated April 15, 2011” and “Exhibit A” however, both of those documents were missing from the Plaintiff’s response;

- On the bottom of the page of “Exhibit A - ASSIGNMENT AND BILL OF SALE” shows page 9 however, pages 1 through 8 were also missing from the Plaintiff’s response.

 

The Defendant is requesting that the Plaintiff provide the missing documents mentioned above on or before December 23, 2014. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

 

Thank you for your cooperation with this request.

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How does this look?

Meet And Confer Letter

 

On December 1, 2014, the Plaintiff responded to the DEFENDANTS DEMAND FOR BILL OR PARTICULARS; thank you. However, the response served is not sufficient.

 

The Plaintiff has alleged cause of actions for an Open Book Account and Money Lent. In the Plaintiff’s response, the Plaintiff attached an Exhibit “1”. The Plaintiff alleges that this is “… a printout of Plaintiff’s computer system reflecting Defendant’s account …” and “It is Plaintiff’s business practice to enter each debit and/or credit applicable to a particular account, including Defendant’s account, at or about the date such event occurred.” Although the printout does show that an account was allegedly created for the Defendant by the Plaintiff, the printout does not show the corresponding debits and/or credits as well as the dates such events occurred.

 

To reiterate my original request in my DEMAND FOR BILL OF PARTICULARS, I will need the following:

 

- The specific items for which payment is demanded;

- Date of each item, transaction or service;

- The specific charges for the services or items;

- How the Plaintiff came up with amount suing for in the amount of $X,XXX.XX

 

In responding to the Defendant’s request for “Proof that the plaintiff owns such account”, the Plaintiff attached the following Exhibit “2” incomplete documents that the Plaintiff alleges are “a true and correct copy of the Chain of Title from WELLS FARGO to the Plaintiff.” They are:

 

- “Exhibit 1 - BILL OF SALE” mentions an “Agreement for Purchase and Sale of Charged-Off Accounts dated April 15, 2011” and “Exhibit A” however, both of those documents were missing from the Plaintiff’s response;

- On the bottom of the page of “Exhibit A - ASSIGNMENT AND BILL OF SALE” shows page 9 however, pages 1 through 8 were also missing from the Plaintiff’s response.

 

The Defendant is requesting that the Plaintiff provide the missing documents mentioned above on or before December 23, 2014. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

 

Thank you for your cooperation with this request.

I like this backhanded way to try to get the forward flow agreement. You is a right sneaky bastage.

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Boy I love the internet and I should have been a detective! Take a look at this ... Attached is an Affidavit of Sale of Account By Original Creditor and Certificate of Conformity. I received these two documents in my BOP request ...

 

I was searching online to figure out what the Certificate of Conformity was used for and I came across the attached document from the State of New York. Evidently a person from out-of-state (in my case Iowa) can notarize an affidavit for the State of New York but needs to attach a Certificate of Conformity.

 

My question is why would I receive these documents that are clearly meant for a suit in the State of New York if the JDB is suing me in the State of California where I reside? Am I missing something?

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I love your zeal!

Be my neighbor?

For us, this is a rarity in life's vast menu of events.

For them, it is but one of very many thousands of cases.

For us, this means setting down our widget template, or cobbler's apron, or our lobster pots - whatever we are usually occupying ourselves with in our workaday lives - and, abruptly diving into The Legal Pool.

For them, this means sending Cindilou Who, in her size 0 mini dress & shoe size 2, off to the supply closet with a cart of envelopes to stuff until lunch, each getting 1 from each neatly stacked pile on shelf 1, Side Left for the top shelf of her rolling cart of envelopes, and, 1 from each neatly stacked pile on shelf 1, Side Back Wall, for the midde shelf of her rolling cart of envelopes, and so on.

After lunch, Cindilou Who teeters off in her shoe size 2 to seal each envelope until 2p.m. 15-minute break time.

Then, it is time to process each envelope through the postage meter and see that USPS is in receipt of them, aka go file nails and look pretty at her desk until the mailcarrier arrives for the day's out-going.

No surprise at all we get absurd "non-responses", or, "unresponsive replies" to our carefully constructed Demands for BOP, etc

When the ante ups, so does their attention.

Insulting, if one allows it to be. But, they aren't worth the stress-induced health damage.

Why not add it to your Discovery to-do list?

Why not add the name to your 20-days-out Supoena list?

But with their Standing - or, should I say, lack thereof, will you even get that far?

Regardless, pack for bear, even if you only bring back bunnies for the stewpot, right-o?

I know the place was doing double- & triple-takes when I walked into our MSH/C with a SEVEN-POUND BLACK D RING BINDER, (some full-term babies don't weigh that much!), full of well-organized sheet protectors, black clippie clips, and the FAMOUS @Homelessinca case calendar!

You are already on the pathway toward victory!

Stay the course!

KNOWLEDGE IS POWER!

You are gaining knowledge on this subject matter daily.

(For example, now you know why those office gals are so tidy, days spent sending us B.S."non-replies"!)

LOL!

Daily, you are closer to the glory of victory!

Every single day you are actively engaging this matter is one day closer to when it will all begin to become a fading memory!

Just be sure YOU check and triple-check YOUR end of this playing field. Accountability is a real thing to respect in all this. Meriting Sanctions... Missing Objections... Overlooking Deadlines... all hurtful and totally avoidable!

Go forth & conquer! To heck with their ridiculed & ridiculous responses! What matters more are YOURS!

Wishing you the very best of success!

Warmly,

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My question is why would I receive these documents that are clearly meant for a suit in the State of New York if the JDB is suing me in the State of California where I reside? Am I missing something?

 

My guess: trying to save a few bucks, and laziness.  Saves $ by re-using it instead of requesting (and paying for) another one; and they probably would have omitted the second page if anyone had taken the time to proof what they were sending you.  As always, use it against them.

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