Need Help With Plaintiff's Requests For Admissions (CA)

[justan00b]

Hey all,

 

  I previously had a topic open regarding being sued by Resurgence Legal Group on behalf of Absolute Resolutions V LLC for two Capital One accounts (two different lawsuits). I have spoken with the incredibly helpful CALawyer many times (thanks again, sir), and he has advised me to post my questions here for additional help.

 

I am currently needing to respond to admissions, and interrogatories. I received these papers on the 4th of November and according to CALawyer, I have 35 days to respond. However, in the documents, I was told to provide my own documents by December 2nd. I am not sure what documents they are requesting, unless it is just the admissions and such. I don't have any old credit card statements, and I trust they aren't asking for bank statements. I did see they requested to know things such as what school I attended, where I work(ed), and lived, who I live with, my drivers license number, and any names I've been known by, etc.

 

I'll go ahead and post the admissions requests here. If any additional info can help you guys help me, just let me know and I'll get right on it. Oh and CALawyer stated that in the BoP I asked for compete account statements, and their response to the BoP was an "exemplar credit card agreement. So I guess that works in my favor? Sorry, I am new at this and really nervous about messing up

 

Request for admission no. 1: Admit that YOU used Capital One Bank (USA) NA credit card account number xxxxxxxxx to purchase items on credit.

 

Request for admission no. 2: Admit that your usage of Capital One Bank (USA) NA credit card account number xxxxxxxxx, YOU agreed to to abide by all terms and conditions listed in the credit card agreement attached heretofore as exhibit 1.

 

Request for admission no. 3: Admit that YOU failed to make the monthly payment due and owning in regard to Capital One Bank (USA) NA credit card account number xxxxxxxxx.

 

Request for admission no. 4: Admit that YOU failed to make the monthly payment due and owing pursuant to the Capital One Bank (USA) NA credit card agreement.

 

Request for admission no. 5: Admit that YOU have failed to make any payments since September 20, 2010, in regards to Capital One Bank (USA) NA credit card account number xxxxxxxxx.

 

Request for admission no. 6: Admit that YOU have failed to make any payments since September 20, 2010, pursuant to the Capital One Bank (USA) NA credit card agreement.

 

Request for admission no. 7: Admit that YOU received the benefit of purchasing items on credit with Capital One Bank (USA) NA credit card account number xxxxxxxxxx.

 

Request for admission no. 8: Admit that YOU applied for credit with the Plaintiff's Assignor, Capital One Bank (USA) NA.

 

Request for admission no. 9: Admit that YOU made purchases by using Capital One Bank (USA) NA credit card account number xxxxxxxxxxxx.

 

Request for admission no. 10: Admit that on April 23, 2011, there existed a balance in the principal sum of (around $900, I didn't want to list the exact amount) in regard to Capital One Bank (USA) NA credit card account number xxxxxxxxxx.

 

Request for admission no. 11: Admit that since April 23, 2011, there is currently an unpaid balance in the principal sum of (see comment above) owed pursuant to the terms of Capital One Bank (USA) NA credit card account number xxxxxxxxx.

 

Request for admission no. 12: Admit that YOU presently owe money to Plaintiff pursuant to Capital One Bank (USA) NA credit card account number xxxxxxxxx.

 

Request for admission no. 13: Admit that YOU know of no written amendment which forgives YOU from the debt alleged to have arisen from YOUR use of Capital One Bank (USA) NA credit card account number xxxxxxxx.

 

Request for admission no. 14: Admit that no written amendment exists which forgives YOU from the alleged debt to have arisen from your use of Capital One Bank (USA) NA credit card account number xxxxxxxxxxxxxx.

 

So what's the next step? How do I respond to these?

[HelpingGreg]

There are excellent examples for responding to be found among the posts in the threads of the victorious members on-site.

For example, you will be well-suited with a perusal of the threads started for the cases of HomelessInCa, ASTMedic, Cerulean, and several others.

KNOW THIS:

It is their job to supply this case with proofs; it is never upon you to make the rope for your own noose, and, only a fool would voluntarily do so knowing it to not be compulsory. So, become as vapid, limp-wristed and blank as their failure to supply proofs demands of you.

This NOT AT ALL the time to go for that Henry Helpful merit badge you always wanted to earn! Instead, when they want to know your Driver's License Number, for example, the best advice I can give you is, reply, "Denied", and paste the response most to your liking. Repeat until all are "answered", or should I better say, "responded to".

As you will see when studying the 23 pages of HomelessInCa's thread on-site, for example, the seemingly unhelpful / unresponsive / counterintuitive answers for each question in discovery have repeatedly proven to lead to victory.

That said, it has been shown that identical cases in every regard may culminate in opposite outcomes, court findings not being absolutes.

In other words, hope for the best, prepare to your very best, but be ready for any outcome - thus, appellate courts! "-)

[calawyer]

I will answer your question about the documents first.  You received a document called a "request for production of documents" or something similar.  You need to type out each request, as you have done for the Requests for admission above.  You will respond to each request with some objections and then a statement that you can't produce any documents because you do not have them (if true).

 

Sometime later today or tomorrow, I will get you started on your response to the requests for admission.

[justan00b]

Thanks for the help. I checked the threads you mentioned, good stuff there. I believe I found templates to use in ASTMedic's Midland victory thread. The one that I am having trouble with is the ROG's. The template I saw doesn't match up with what I have. Forgive me if I missed something, there is a ton of stuff to go over.

 

I wanted to cut and paste what I just PM'd to calawyer, but this board hasn't been allowing me to do so. Not sure if it's on my end or what. Cut and paste works everywhere else. Anyway.

 

The ROG's are basically:

 

 Asking for the name, phone number, and address of everyone that helped me answer the questions.

 

Asking for my name and any names I've used the past five years.

 

Asking for any address I've lived at the past five years.

 

Asking for my drivers license number, expiration, etc.

 

Asking for my employer info the past five years.

 

Asking if I've ever been convicted of a felony and if so, what, where, and when.

 

Asking for the info of anyone that has any knowledge related to the incident.

 

Asking for facts as to why I am not responsible to pay the plaintiff's damages.

 

Asking for documents that are related to the agreement, and the info of the person(s) who has them.

 

Asking for each part of the agreement not in writing, and the info of the person(s) that agreed to the provision.

 

Asking for each modification that isn't in writing, and the info of the person(s) that agreed to the modifications.

 

Asking for each agreement that was excused, and why.

 

Asking for each agreement that was terminated, and why.

 

Asking for each unenforceable agreement and the facts on which my answer is based.

[sadinca]

Thanks for the help. I checked the threads you mentioned, good stuff there. I believe I found templates to use in ASTMedic's Midland victory thread. The one that I am having trouble with is the ROG's. The template I saw doesn't match up with what I have. Forgive me if I missed something, there is a ton of stuff to go over.

 

I wanted to cut and paste what I just PM'd to calawyer, but this board hasn't been allowing me to do so. Not sure if it's on my end or what. Cut and paste works everywhere else. Anyway.

 

The ROG's are basically:

 

 Asking for the name, phone number, and address of everyone that helped me answer the questions.  Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for my name and any names I've used the past five years.   justan00b

 

Asking for any address I've lived at the past five years.

 

Asking for my drivers license number, expiration, etc.  Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for my employer info the past five years.  OBJECTION. The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the Defendant is strictly forbidden and will be met with a countersuit if attempted.

 

Asking if I've ever been convicted of a felony and if so, what, where, and when.   Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for the info of anyone that has any knowledge related to the incident.   Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for facts as to why I am not responsible to pay the plaintiff's damages.  OBJECTION. Calls for legal impression of counsel, and attorney client work product. Defendant’s “facts” will be adequately detailed in the answer to the Plaintiff’s baseless complaint. Defendant is not required to refute the Plaintiff’s claims; the Plaintiff is required to prove them.

 

Asking for documents that are related to the agreement, and the info of the person(s) who has them. OBJECTION. Argumentative and lacking in foundation. Specifically that any such agreement exists.   something like this to the rest.

 

Asking for each part of the agreement not in writing, and the info of the person(s) that agreed to the provision.

 

Asking for each modification that isn't in writing, and the info of the person(s) that agreed to the modifications.

 

Asking for each agreement that was excused, and why.

 

Asking for each agreement that was terminated, and why.

 

Asking for each unenforceable agreement and the facts on which my answer is based.

[justan00b]

Thanks for this. What about the one about the addresses? Don't they have access to that on my credit report anyway?

[sadinca]

 

Thanks for the help. I checked the threads you mentioned, good stuff there. I believe I found templates to use in ASTMedic's Midland victory thread. The one that I am having trouble with is the ROG's. The template I saw doesn't match up with what I have. Forgive me if I missed something, there is a ton of stuff to go over.

 

I wanted to cut and paste what I just PM'd to calawyer, but this board hasn't been allowing me to do so. Not sure if it's on my end or what. Cut and paste works everywhere else. Anyway.

 

The ROG's are basically:

 

 Asking for the name, phone number, and address of everyone that helped me answer the questions.  Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for my name and any names I've used the past five years.   justan00b

 

Asking for any address I've lived at the past five years.  Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for my drivers license number, expiration, etc.  Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for my employer info the past five years.  OBJECTION. The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the Defendant is strictly forbidden and will be met with a countersuit if attempted.

 

Asking if I've ever been convicted of a felony and if so, what, where, and when.   Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for the info of anyone that has any knowledge related to the incident.   Objection. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Asking for facts as to why I am not responsible to pay the plaintiff's damages.  OBJECTION. Calls for legal impression of counsel, and attorney client work product  (you are still your own lawyer,). Defendant’s “facts” will be adequately detailed in the answer to the Plaintiff’s baseless complaint. Defendant is not required to refute the Plaintiff’s claims; the Plaintiff is required to prove them.

 

Asking for documents that are related to the agreement, and the info of the person(s) who has them. OBJECTION. Argumentative and lacking in foundation. Specifically that any such agreement exists.   something like this to the rest. you can also add "compounded" if there are two questions within one question.

 

Asking for each part of the agreement not in writing, and the info of the person(s) that agreed to the provision.

 

Asking for each modification that isn't in writing, and the info of the person(s) that agreed to the modifications.

 

Asking for each agreement that was excused, and why.

 

Asking for each agreement that was terminated, and why.

 

Asking for each unenforceable agreement and the facts on which my answer is based.

 

[sadinca]

Thanks for this. What about the one about the addresses? Don't they have access to that on my credit report anyway?

 

they can certainly get that information from your credit report, but cannot use it against you in court if needed because the credit report would constitute hearsay. if it comes from you then its all great for them.

[RyanEX]

Thanks for this. What about the one about the addresses? Don't they have access to that on my credit report anyway?

Credit reports aren't necessarily complete. If you lived somewhere, but never officially used that address on anything (for a driver's license, credit application, etc.) then it may not come up on a credit report.

 

If you're comfortable with it, you can just respond by giving your address history, people here have recommended doing so > might as well give them something since you're objecting to just about everything else. But if you have a reason for not giving that information: OBJECTION The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

^ that's what I used. I had a new address and a P.O. Box, I simply didn't want to put my physical address out there for these people to have & potentially pass around.

[RyanEX]

*duplicate

 

[sadinca]

you can also object, and reply:

 

OBJECTION The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. without waiving said objection, I justan00b declare that I live in....

 

The question regarding the felony, maybe it would be better to simply deny it (unless you have history).

[justan00b]

So would it benefit me to give them my past addresses? They know where I live now anyway.

[justan00b]

OK, I drafted out a response based on the answers you guys provided here. I appreciate it. Now, do I have to type out their complete questions or just my responses? Also, on the RFA's, do I have to type their questions or just my responses?

 

Now I have to set up a response to the documents they requested (I have no documents except the summons, and the paperwork they sent me. I believe I found a template for that as well. Should I go ahead and use that?

[sadinca]

No. You shall not type the question. Just your responses.

As to the RFA, and RFD, there is a proper way to answer. For example on RFD, if you do not have the type of documents thay are requesting you have to answer "after a due diligent search and.... (sorry im at the store and blanking out).

I can help you with those tomorrow morning if you like.

[justan00b]

My responses to the docs was something like this:

 

Defendant has no such documents in his/her possession at this time. Defendant reserves the right to amend his/her responses per the rules of civil procedure if such documents become available.

 

Does that sound okay? I think I got it from the template, I'm not sure. Or calawyer may have written it up. Either way, does it fly with my case?

 

Also, the his/her thing in the responses. Should I leave it like that or choose his for my case, her for my wifes?

[justan00b]

Oh and calawyer helped me with the RFA's. He came up with a great draft.

 

I guess once I send these off, I'll need to send them RFA/ROG's of my own?

[string]

I guess once I send these off, I'll need to send them RFA/ROG's of my own?

 

I think you've sent a BOP(?) - have you received a response?

[justan00b]

Yeah, they sent me a response. According to calawyer, it was inadequate. For example, I asked for full statements and agreement and they sent me an exemplar statement or whatnot.

[string]

Yeah, they sent me a response. According to calawyer, it was inadequate. For example, I asked for full statements and agreement and they sent me an exemplar statement or whatnot.

 

What else?  Bill of Sale?

[sadinca]

This is what I was referring to yesterday regarding the production of documents.

 

2031.230.  A representation of inability to comply with the
particular demand for inspection, copying, testing, or sampling shall
affirm that a diligent search and a reasonable inquiry has been made
in an effort to comply with that demand. This statement shall also
specify whether the inability to comply is because the particular
item or category has never existed, has been destroyed, has been
lost, misplaced, or stolen, or has never been, or is no longer, in
the possession, custody, or control of the responding party. The
statement shall set forth the name and address of any natural person
or organization known or believed by that party to have possession,
custody, or control of that item or category of item.

 

 

[sadinca]

My responses to the docs was something like this:

 

Defendant has no such documents in his/her possession at this time. Defendant reserves the right to amend his/her responses per the rules of civil procedure if such documents become available.

 

Does that sound okay? I think I got it from the template, I'm not sure. Or calawyer may have written it up. Either way, does it fly with my case?

 

Also, the his/her thing in the responses. Should I leave it like that or choose his for my case, her for my wifes?

 

you should modify the "his/her" according to your case.

[justan00b]

What else?  Bill of Sale?

Yeah. The generic bill of sale with the price they paid blacked out. The same thing that was in the summons.

[justan00b]

This is what I was referring to yesterday regarding the production of documents.

 

2031.230.  A representation of inability to comply with the

particular demand for inspection, copying, testing, or sampling shall

affirm that a diligent search and a reasonable inquiry has been made

in an effort to comply with that demand. This statement shall also

specify whether the inability to comply is because the particular

item or category has never existed, has been destroyed, has been

lost, misplaced, or stolen, or has never been, or is no longer, in

the possession, custody, or control of the responding party. The

statement shall set forth the name and address of any natural person

or organization known or believed by that party to have possession,

custody, or control of that item or category of item.

So maybe add that after a reasonable search, no documents were found? Or something to that extent?

[sadinca]

So maybe add that after a reasonable search, no documents were found? Or something to that extent?

 

or that the documents never existed.

[justan00b]

Ok. I'm trying to get this sent out on Friday at the latest. I have two cases, so two for each case. I think calawyer said I can use the same envelope for everything since its going to the same place. I was going to put them in individual envelopes and then put those into a big Priority Mail envelope and get signature confirmation so they don't try and say it never arrived (again).