justan00b

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

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

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

 

I would send a request for the production of the "Agreement" referenced in the Bill of Sale. (Sometimes referred to as a "forward-flow agreement" - use the language from the Bill of Sale.)

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They did send me a forward flow agreement. That's what had the price blacked out.

 

Anyhow, I sent the papers to the JDB lawyers on Friday via Overnight mail. I saw it was signed for Monday morning, which is before the deadline of Tuesday. I'm sure they were hoping I was going to forget.

 

What's next?

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You are stellar in your in pro per performance!

Impressive litigant you are!

Have you read the 23+ pages of HomelessInCalifornia's thread, yet?

@HomelessInCalifornia

He has excellent peer-to-peer postings in his thread as to your case binder, and how to properly organize it, and, how to accumulate both Case Law Citations & Objections with their grounds/basises in law.

Always a good time to beef those up.

Also, Page One of this forum's pinned area on Standing has the list of elements for Standing, (I think you were considering that as an ammended affirmative defense, yes?)...

That whole thread made for an engrossing reading jag over here, last week!

You could also just invest in some quality "me time", while you have the time. It pays to catch up on sleep, take the better half out, stock the pantry, change the HVAC filters, _something/anything_ non-case-related, while that's an option. That way, when the case is Priority One, it is a bit easier to carry through with vigor.

Your are a motivating inspiration!

I look forward to reading your next step on your pathway to the victor's circle!

Warmly,

They did send me a forward flow agreement. That's what had the price blacked out.

 

Anyhow, I sent the papers to the JDB lawyers on Friday via Overnight mail. I saw it was signed for Monday morning, which is before the deadline of Tuesday. I'm sure they were hoping I was going to forget.

 

What's next?

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They did send me a forward flow agreement. That's what had the price blacked out.

Are you sure that what you have is the forward flow agreement? They usually do not release it without having to compel it.

You may be confusing it with the Bill of Sale?

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Yeah, I just checked, and it says Forward Flow Receivable Sales Agreement, and the date, and under that Bill of Sale. It's marked as exhibit 4. It was the exact same thing they sent in the summons.

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They're getting tricky, and adding "forward flow" to the alleged BOS. All the discussion and amount of people going after the document has created a buzz.

 

Does it reference any other document or agreement etc. that was not attached as an exhibit?

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Back in the pre-photocopies era, schools used Mime-O-Graph machines, memorable for their particular scent and purple-blue tones on slick white paper.

Then, photocopiers were en vogue during my college years, the courses with ancient syllabi all muddled and blurry-edged after year-upon-year of degradation as a Master Copy was made from last year's, which was made from the year before's, and so on.

The end result were "fresh copies" as far from crisp-edged as these laughable sheets sent from Plaintiff as though they were expected to be believed to be newly minted, just for the events surrounding this case.

Baloney!

In these modern days of digital printers, emailed *.doc file attachments and overnighted flashdrives & discs, it gives one pause to wonder just why it is that these folk are passing 'round the same tired scraps of paper.

Could it be that the FBI's ability to trace back an item to the printer producing it has them preferring that identifier not come from their printer, thus, we are burdened with ever blurrier photocopies of repeatedly photocopied photocopies, not when it comes to our copies of statements, but when it comes to BOS and similar documents?

I am oh so very eager to upload one (1) exceptionally dubious page of sloppily cut & pasted text received in response to my Demand for BOP, if only someone would walk me through the process for uploading *.JPEG images of pages here, (_please_)...

Warmly,

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I have been following these threads as I too have a lawsuit pending from Resurgence Legal on behalf of Absolute Resolutions.  I believe my account may have been included in the same purchase as justan00b.  My Forward Flow Receivable Sale Agreement is dated April 11, 2013,  Where can I find a sample for the demand for BOP and Production of Documents.  Also does any know if ARS National is a debt collector or works directly for Capital One and if so would they have to be included in the list as "persons or entities that purchased or were assigned the debt after charge off?  Thank you all for the info.

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here is a sample for the bill of particulars: remember type it in pleading paper and to edit it to match your case.

 

DEMAND FOR BILL OF PARTICULARS

            To PLAINTIFF________ and [its/their] attorneys of record herein:
            DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant ________, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit] of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.
D
ated:: 04/21/13

 

By:      __________________________________   TYPED  NAME,  In Propria Persona

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@tatia52  do start your own topic in order to keep threats relevant to one particular case and not confuse other members.

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@tatia52

While doing the reading you write of, surely you noticed a pattern of each member starting their own thread, for their own case.

Each of those threads is opened by the member copying, then pasting, then answering the questionnaire located here,

CLICK!

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

There is a specific admonishment against copying and pasting boilerplates on-site, such as your most recent post on this thread, also posted elsewhere* on-site, here,

CLICK!

http://www.creditinfocenter.com/community/topic/249329-posting-101-new-members-please-start-here/

(It is tip item #1)

Please, read what is asked of each of us. Here are some starting points,

CLICK!

http://www.creditinfocenter.com/community/forum/187-please-read-before-posting-board-announcements/

I have been following these threads as I too have a lawsuit pending from Resurgence Legal on behalf of Absolute Resolutions. I believe my account may have been included in the same purchase as justan00b. My Forward Flow Receivable Sale Agreement is dated April 11, 2013, Where can I find a sample for the demand for BOP and Production of Documents. Also does any know if ARS National is a debt collector or works directly for Capital One and if so would they have to be included in the list as "persons or entities that purchased or were assigned the debt after charge off? Thank you all for the info.

*At,

CLICK!

http://www.creditinfocenter.com/community/topic/324667-being-sued-by-resurgence-legal-group-in-ca-please-help/?view=findpost&p=1311836

and, above, post # 3 4

once you get your case properly situated onto your very own thread, descriptively titled to include both state & litigants against you, and with your case's questionnaire properly completed, peer-to-peer support should begin to flow your way.

Warmly welcoming you & wishing you success!

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Resurgence is ruthless.

I am thinking I should be getting a RFA and ROG's for them together, no?

@tatia52

I can help you with the BoP. Calawyer helped me with it, so I'd like to pay it forward. Just PM me if you like.

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@justan00b does the paper that says forward flow, bill of sale reference a purchase agreement that was not included? Black out identifileable info and post what they gave you. I can't imagine they would send you the purchase agreement between them and the oc. It is usually a small book, not a single paper.

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Agreed. They are probably just calling it something else. You want anything mentioned in the BOS that wasn't attached as an exhibit.

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There's some RFP'S that are Calawyer approved on ASTMEDIC thread.

Or you can send a demand for BOP. There's an example in this thread for that.

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calawyer said to post in this thread and someone would give me a link. He provided a link with some good info, I'm just trying to nail down what I should send and when, and what it should say. I already sent a BoP earlier. That's when they countered with the RFA/ROGS/Docs. I answered those with help from calawyer and others.

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Go to the first page of "is there a lawyer in the house" and find the pinned threads. ASTMEDIC thread "how I beat Midland in CA". There's some RFP'S in that thread. I can't post links in here, but someone else might.

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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.

Rhese were form interrogatories so you are going to have to answer carefully because the courts in CA consider these objection proof.

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calawyer said to post in this thread and someone would give me a link. He provided a link with some good info, I'm just trying to nail down what I should send and when, and what it should say. I already sent a BoP earlier. That's when they countered with the RFA/ROGS/Docs. I answered those with help from calawyer and others.

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Just edit the particulars for you. I try to make the process easier for new people because it reduces stress and then they can get into "I am gonna kick the crap out of them mode.". You can trim some of the questions because you have a limit of 35 discovery requests maximum and there are more than that in there.

 

Also these docs are made with Open Office which doesn't play nice with the other one. Download it at openoffice.org

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