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Two comments:

 

You do not need a caption.  THis is just a business letter to the plaintiff's attorney.

 

You should point out the deficiencies in the response because the purpose of this letter is to have plaintiff correct them.  So here, I would point out that they have only produced [one year] of statements whereas you requested, and are entitled to, the entire account.

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Two comments:

 

You do not need a caption.  THis is just a business letter to the plaintiff's attorney.

 

You should point out the deficiencies in the response because the purpose of this letter is to have plaintiff correct them.  So here, I would point out that they have only produced [one year] of statements whereas you requested, and are entitled to, the entire account.

Thank you.  Would it be ok to pm you my final copy?  Looks like I need one more day to work on this and get it mailed out. 

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Keep up the good fight, I went to trial yesterday against the same 2 jokers and plaintiff did not show up. They were skeeeeered!!! Dismissed w/prejudice.

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I found these steps on this site somewhere (I can't remember what thread)

 

STEPS TO FOLLOW WHEN INVOLVED IN A LAWSUIT

 

1. You are served with suit.

2. Right away - prepare, file and serve your answer. (Do on pleading form and do a general denial with your affirmative actions. Make 2 copies and bring to the court to file. File original with your signature, then mail a file-stamped copy to Plaintiff and keep one for your records.

3. Prepare and serve your BOP. It is on pleading form. Serve on Plaintiff and no need to file with Court (as it is considered discovery phase). Keep ORIGINAL for yourself and mail a copy with Proof of Serve (send certified mail, return receipt) to Plaintiff (atty).

4. Start to prepare your discovery (all 3 sets - RFA, Special ROGS, Document Demand). You will want to check your State's court rules to see how many you can request (in Cali it is 35 requests TOTAL between all 3). Serve all 3 of them at the same time. YES inundate them! Make them prove it!

5. Make sure you file with the Court your Case Management Conference Statement (there is an exact time from to file this with Court - check to see what that is. In Cali it is 15 days BEFORE hearing). Attend your Case Management Conference. Do not settle (unless you want to) and set the case for Trial.

6. See if you receive your discovery responses from them (35 days if mailed by mail)..... On BOP (it is 10 days, 15 if served by mail).

7. If no response, send a "meet and confer" letter to your BOP and demand that you receive your documents. Same goes with discovery, if no response, send separate meet and confer letters on each discovery request.

8. If still no response to BOP, file a Motion to Compel and set a hearing with the court on this. Mail a copy to Plaintiff after filing with the court.

9. Attend hearing or trial...depends on what direction you went in.

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I guess I'm on step number four.  Do the three things for Discovery need to be on special paper (like numbered paper)?  Which ones should I use?  The ones from ASTMedic's site or Sea Dragons?

 

Also, if anyone knows were I can find the definitions for all the legal terms, I would really appreciate it.  I can't remember which thread I visited that had a link to these legal terms like RFA and ROGS.  I must have visited and bookmarked at least 50 threads this week alone.  I want to get these things out as soon as possible, but I'm being held up by my lack of knowledge and I also don't want to make mistakes. 

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There's a simple set of RFP'S in ASTMEDIC'S thread which is really all you need.

Finding a law dictionary is also helpful.

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I guess I'm on step number four.  Do the three things for Discovery need to be on special paper (like numbered paper)?  Which ones should I use?  The ones from ASTMedic's site or Sea Dragons?

 

Also, if anyone knows were I can find the definitions for all the legal terms, I would really appreciate it.  I can't remember which thread I visited that had a link to these legal terms like RFA and ROGS.  I must have visited and bookmarked at least 50 threads this week alone.  I want to get these things out as soon as possible, but I'm being held up by my lack of knowledge and I also don't want to make mistakes. 

Did you threaten a Motion to Compel in your Meet & Confer for the BOP?  If so I would begin looking at that document and getting your ducks in order to move on that. Unless of course Winn sends you all you asked for :-)  If you didn't, then I would still wait for the response from your Meet & Confer and then send your RFPD  (Request for Production of Documents or just RFP) which as Anon Amos said is on ASTMedic's thread. It is simple and basic but effective.  (I think I may have added the words "alleged" to the requests when referring to the "account")

 

Tho' they may send you the whole shebang of Discovery (RFA's - Request for Admissions; ROGS - Interrogatories), it appears that this forum, and I'm betting this is calawyer's guidance, suggests only sending the RFPD's. That's probably because should you need to ultimately file a Motion to Compel, it might be a nightmare if you send all the Discovery. The JDB's don't care because they usually never file a Motion to Compel. But of course you could if you wanted to.

 

You are asking the right questions!!    

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"Tho' they may send you the whole shebang of Discovery (RFA's - Request for Admissions; ROGS - Interrogatories), it appears that this forum, and I'm betting this is calawyer's guidance, suggests only sending the RFPD's. That's probably because should you need to ultimately file a Motion to Compel, it might be a nightmare if you send all the Discovery. The JDB's don't care because they usually never file a Motion to Compel. But of course you could if you wanted to.

 

You are asking the right questions!!"    

 

 

JDB's rarely give you any substantive responses to RFAs or Rogs.  So that means you have to file a motion to compel if you want real responses.

 

Most people representing themselves find it difficult to file even one motion to compel, so I just don't see the utility in sending discovery if you are not going to get a response and you are not going to ask the Court to compel one.

 

Asking for just 3 categories of documents should provide you with most of what you need for trial.  And if you get an order from the court compelling production of the forward flow agreement (the master agreement transferring all accounts from the OC to the JDB), plaintiff will likely dismiss. 

 

 

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Two Questions:

 

1.  Should I be worried that I have not received anything from the plaintiff except for their response to my demand for BOP?  I submitted the General Denial toward the end of August.  Should I have received their Discovery questions by now?

 

2.  Is it OK to send the Meet and Confer letter for the BOP on the same day I send the 1st request for production of documents?  I have them both ready to mail out today.  They are both dated for today, but I heard someone say to mail the Meet and Confer for BOP first and then the Discovery later. 

 

Thanks in advance. 

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They don't always send discovery. Don't be concerned that you haven't heard from them yet.

Either send the M&c letter and continue to pursue the BOP, or move on and send the RFP's, but don't send them both at the same time.

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Mailed the Meet and Confer on Saturday (thank you so much for your help CAlawyer!).  I have my Request for Production of Documents ready to mail.

 

Should I mail that after they have exhausted the 11 days to respond to the Meet and Confer or should I Motion to Compel?  Is there a strategy involved in not going through with the Motion to Compel for the BOP?  I understand that it would be important to file a motion to compel for Discovery, but what I am asking is:

 

If they don't respond to the meet and confer letter for the BOP, should I file for a motion to compel or just send them the First Request for Production of Documents?

 

Thanks

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Depends on how much you want them to work. I say if you got the time, make them work. The harder they work, the more likely to fold. Also, if they don't comply, looks good on you for following the rules. And it costs them more money.

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Filing a motion to "compel a further response to the bop or in the alternative to preclude evidence at trial" will give you good practice and experience, and it will be  in a rare area that won't matter if you lose. The judge will just say to send discovery, and you can take it from there, or he will order them to  respond. A lot of people have trouble getting motions on calendar etc., and this is a good area for a practice run.

 

You will most likely be sending some RFP's even if they do respond to the BOP, because it will be vague and probably not contain the bill of sale and assignment.

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Echo what Shellie and Anon said. I would also add you may not want to deliver empty threats. If you  "threatened" to Motion to Compel in your Meet & Confer letter, that might be another good reason to follow through with that, particularly if they don't respond at all.  

 

 For now, see what actually comes your way in response to the M & C.... 

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I got a response back from the Meet and Confer letter I sent to the JDB’s lawyer.

Attached are three items:

 

1.  Forward Flow Receivable Sale Agreement dated XXX X, XXXX. (Bill of Sale)

 

My thoughts:

My name is not mentioned anywhere on this Bill of Sale.  It mentions Accounts identified in the Sale File.  There is only one signature on the page:  The Vice President of Loss Mitigation for Capital One:  John H. Maurer.

 

 I notice right away that two dollar amounts on this “Bill of Sale” have been purposely removed with white out correction fluid before it was copied and sent to me.   Briefly, it says:

 

“Capital One Bank (USA), National Association (“Seller”), in consideration of a Purchase Price of $ {Price is blank but I can see some parts of where a dollar amount was removed with correction fluid).

 

“The Cutoff Date for the Sale File was XXX XX, XXXX.  The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was $ {Price is blank but I can see some parts of where a dollar amount was removed with correction fluid).

 

2.  A paper that almost reads like a spreadsheet with Purchase Date, Account Number, Contract Date, Orig Last Pay Date, Creditor, etc. 

 

It looks almost exactly like this (the columns on the paper they sent me are not aligned so it kind of looks to me like a jumbled mess:

 

PURCHASE_DATE  ACCT_N0 CONTRACT_DATE  ORIG_LAST_PAY_DATE        CREDITOR

INITIAL_BALANCE ATLAS, FN_FULL_NAME(RR.NAME_U)   SS_NO

A DATE          AN ACCOUNT NUMBER      A DATE           A DIFFERENT DATE     Capital One

Bank (USA), N.A.                A DOLLAR AMOUNT      MY NAME       MY SOCIAL SECURITY NUMBER

 

 

My thoughts:  It doesn’t show who typed up this page.  It may have been the JDB who did this as far as I can tell.  To me this has absolutely no value at all.  It is just a piece of paper with information on it as far as I’m concerned.  (Would love to hear your thoughts on this).

 

3. Proof of Service

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I still haven't received all statements from the time the account was opened to the time it became past due and the BOP is still lacking because of the things mentioned above. 

 

Question Should I still file a motion to compel or move on to Discovery.  I still haven't received any Discovery requests from them yet. 

QuestionCan someone briefly tell me how to motion to compel?  I saw ASTMEDIC's thread and I have his template, but do I file this with the court and pay a fee?  I just need a very basic idea about what is involved when a person files a motion to compel. 

 

 

Thanks!

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I would send them another Meet and confer stating the bill of sale is insufficient.  They failed to include the purchase agreement governing the sale.  You don't care how much they paid for the accounts, it's irrelevant, but the agreement that goes with it tells you if the original creditors warrantied the debts. (more like it says they can't be sure of the ac-curacies  of the debts, lol)

 

I would be more prone to file a motion to compel for the complete bill of sale than I would for the BOP.  If account stated is listed, they should give you a statement with a 0 balance, a statement with a charge or payment, and a final charge off.  That covers account stated if that is what they are suing you for.  If they don't provide that, then account stated could be challenged.  If it is breach of contract, they should provide the contract, showing interest reates, etc.  statements showing you charge and paid on the account, and final charge off.  Most will only send you the last few statements that show nothing but the amount.  A few will pay and get like a years worth.

Or you could file a motion to compel for both, in one motion, maybe the judge will grant at least part of it.

 

You can make your own pleading paper.  Use the template from astmedics thread.  You file it with the court, and you send a copy cmrrr to the plaintiff.  with your POS.  I do not know if cali has a fee for motions, it would be in your local court rules, go to that court site and see if you can look it up.

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