BeJebus

3 Months to trial in California - best use of time?

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I was sued by Kenosian & Miele and got some good advice here previously, so...

 

My trial is at the end of July and I'm wondering how best to proceed given that time frame.

I sent them a BOP and M&C months ago, which they never responded to, but I did not follow up, unfortunately, as I shifted my attention to opposing their Motion to Deem Matters Admitted which came in shortly thereafter, (that the debt was legitimate, mine, and I didn't pay)

Their motion was denied.

I have propounded no discovery as of yet, just responded to their request for documents and admissions and then opposed their motion to deem matters admitted.

 

I was wondering if I should send another BOP and do it right this time, or just ask for the documents they plan to use at trial.

I want to see their Bill of Sale, of course, which I asked for in the original BOP.

 

Any advice would be appreciated.

 

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I would much rather start discovery of your own, send a request for production of documents like the one on ASTMed.

 

give us a bit more on the case, what is the cause of action? who is the OC, the date the last payment was made to the alleged account?

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i would send discovery requesting the following to start.

 

1- all documents relating to or constituting any agreement between defendant and chase bank usa na referencing the alleged account number ######### bearing the defendants signature

 

2- all documents relating to or constituting a contract, agreement, assignment, or other means demonstrating that midland funding had the authority and capacity and is legally entitled to collect on the alleged debt from chase bank usa na,  account number XXXXXXXXXX

 

3 all itemized statements or credit card statements from the alleged chase bank usa, na account number XXXXXXXXXXXXX  that demonstrate how the alleged amount of $$$$$ was calculated.

 

 

 

*just change it to the OC name on the claim

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Is the plaintiff Citibank or are you being sued by an assignee?

 

If plaintiff is the OC (Citibank), you do not want numbers 1 and 2.  Just #3 above.

 

If you are being sued by an assignee, then all three are appropriate.

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Thank you Calawyer, I forgot to ask if he was being sued by a JDB or an original creditor.

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Sorry, it's Unifund and the attorney is Kenosian & Miele.

 

So given that it's 3 months to trial, I should just go ahead with my discovery and ask for their documentation and such to establish they actually own the debt and all that?

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Yes.  Use all three requests substituting Unifund and Citbank where appropriate.

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