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I received for my RFPD's, exactly what you received for your Meet & Confer for your BOP.  (plus the 2 years of statements and generic customer agreement that they had already sent me for my BOP)

 

I don't believe you would want to press for the Forward Flow Agreement in your MTC for your Bill of Particulars. That would be something you would  address in a MTC for your RFPD requests, I believe.

 

Winn sent me 2 years of statements and a generic customer agreement for my BOP. I could have pushed for ALL the statements in a MTC for the BOP, I chose not to. My time was limited and I thought I would pursue the RFPD Motion to Compel instead.  If they had sent only one or a few statements I would have pursued the MTC for the BOP route.  In your case I think you said they sent you 1 year's worth.  If you have the time (and the money..there is a filing fee for motions..you'll have to check your court for the exact fees) it's a good message to JDB's and a great way to get experience dealing with the court. Even if you don't win that motion, you have made Winn law group work, and spend precious time and money.

 

You could move on to RFPD's and go through the same thing...with a Meet & Confer and then when they don't send you what you asked for, file a Motion to Compel for those docs...which would most definitely include the Forward Flow agreement Shellie mentioned.

 

Hopefully the Cali super crew will chime in with their ideas and opinions!   

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I received for my RFPD's, exactly what you received for your Meet & Confer for your BOP.  (plus the 2 years of statements and generic customer agreement that they had already sent me for my BOP)

 

I don't believe you would want to press for the Forward Flow Agreement in your MTC for your Bill of Particulars. That would be something you would  address in a MTC for your RFPD requests, I believe.

 

Winn sent me 2 years of statements and a generic customer agreement for my BOP. I could have pushed for ALL the statements in a MTC for the BOP, I chose not to. My time was limited and I thought I would pursue the RFPD Motion to Compel instead.  If they had sent only one or a few statements I would have pursued the MTC for the BOP route.  In your case I think you said they sent you 1 year's worth.  If you have the time (and the money..there is a filing fee for motions..you'll have to check your court for the exact fees) it's a good message to JDB's and a great way to get experience dealing with the court. Even if you don't win that motion, you have made Winn law group work, and spend precious time and money.

 

You could move on to RFPD's and go through the same thing...with a Meet & Confer and then when they don't send you what you asked for, file a Motion to Compel for those docs...which would most definitely include the Forward Flow agreement Shellie mentioned.

 

Hopefully the Cali super crew will chime in with their ideas and opinions!   

Thank you all so much for helping me with this!  I actually received two years of statements.   If there is a fee, for filing a motion to compel for BOP, then I think I will go ahead and send the Discovery.  I would rather spend the money for the Motion to Compel for Discovery (which I know will be lacking). 

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Im not sure if it varies by county, but in Orange County, the fee for a motion hearing is about $60

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I would appreciate hearing more opinions about my decision to move on to Discovery instead of Motion to Compel for the BOP.  Do you think I am making the right decision? 

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Here is a link with another template for a motion to compel.  On the first page, I provide additional links including a thread where I discuss the difference between a motion to compel BOP and Motion to compel RFPs (post 18).  Ask if you have any questions:

 

http://www.creditinfocenter.com/community/topic/310833-anyone-from-california-know-what-pos-to-use-to-when-serving-an-answer-to-complaint/?hl=%2Bcalifornia+%2Banyone

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Here is a link with another template for a motion to compel.  On the first page, I provide additional links including a thread where I discuss the difference between a motion to compel BOP and Motion to compel RFPs (post 18).  Ask if you have any questions:

 

http://www.creditinfocenter.com/community/topic/310833-anyone-from-california-know-what-pos-to-use-to-when-serving-an-answer-to-complaint/?hl=%2Bcalifornia+%2Banyone

Thank you!

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Most of the people who file a mtc BOP (including myself ) lose that motion and are told by the judge to just conduct discovery anyway.

There's no harm in just moving on to discovery. See ASTMEDIC'S RFP'S, they are Calawyer approved.

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Thank you, everyone.  I will be so happy when this is over either way.  It is very stressful and I think about it every day.  The good thing is I have very little that they can get if they do win the lawsuit.  The bad thing is they have 10 years to collect if they win and then they can probably extend that for another 10 years.  The goal is to make sure they don't win :)

 

@ Anon Amos:  I went ahead and used ASTMedic's template for Discovery.  Thanks.

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The even better news is that most people in Cali do win. There are far more that beat them then the other way around.

Your situation is temperary.

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JUst found this thread. How are things going?  Its been a month, hope OP is beating WINN.

 

I just got served by Winn (Cavalry) a month ago, so since I'm not allowed to post new threads yet, I'm curious about OP's case. 

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JUst found this thread. How are things going?  Its been a month, hope OP is beating WINN.

 

I just got served by Winn (Cavalry) a month ago, so since I'm not allowed to post new threads yet, I'm curious about OP's case.

 

I think you should be able to post a new thread, you just can't add attachments (as far as I know).

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JUst found this thread. How are things going?  Its been a month, hope OP is beating WINN.

 

I just got served by Winn (Cavalry) a month ago, so since I'm not allowed to post new threads yet, I'm curious about OP's case. 

 

Hi.  Welcome to the forum!  I have not heard anything back from the plaintiff yet.  They still have time to send me the documents and my experience has been that they wait until the very last minute to mail back a response for some reason.  Last month I received my neighbor's medical bill in my mail box.  I put a note on the mailbox asking the carrier to pay attention to what he/she is doing.  I put another note on the mail box the next day telling the person pretty much the same thing.  I am not going to lose a case because of a stupid thing like that (someone getting my mail).  It's the 5th time this year that I have received someone's mail.   Anyway, I am sure they haven't sent a response to the discovery request.  They are just taking their time sending it to me.  Good luck with your case. 

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I was offered a settlement today by phone, for 78% of the amount.  I told the person I am not able to pay that amount, even with payments as I am on unemployment. When I was told "I hope your situation improves in the near future," I said that I will be filing for disability after my unemployment runs out (which is true).  Really 78% is laughable.

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Oh, they'll offer to settle up until the day before your case...and then file for dismissal without prejudice.  That was my experience with Winn/Calavary Combo...Just keep at it, you've come to the right place for advice!

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Coulda said, I will be taking BK when my unemployment runs out, good luck with your case, even if you can't collect. Lol

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In a few more days it will be 30 days since I sent out the Request for Production of Documents (by regular mail).  The plaintiff has not responded to this request at all.  Just checking to make sure... they have 30 days to respond right? or is it 35 days? 

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35 days (30 + 5 because you served by regular mail). So you know, it's 35 days to serve the response, meaning place it in the mail; so even if they make a timely response, you may not receive it thru the mail until a few days after the 35-day mark.

 

From my experience and what I've read on the board, if they respond to something they typically wait til last day or two to do so.

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Any comments at all would be greatly appreciated. 

 

I received a packet from Winn Law Group.  It had a "verification letter" from someone named Roneshia Russell who claims to be the Litigation Paralegal for Cavalry Portfolio Services, LLC. 

 

The letter says: "I am the Litigation Paralegal for Cavalry Portfolio Services, LLC, servicing agent for the Plaintiff in this action; as such, I am authorized to make this Verification on behalf of that party.  I have read the attached document.  The matters stated therein are true of my own knowledge based upon a review of the Cavalry files, except for those matters which are stated on my information or believe and as to those matters, I believe them to be true.  The documents attached are directly related to the said Account.  I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 

MY THOUGHTS:  This letter means absolutely nothing since #1 she works for Cavalry.  #2 all they sent to me was the same copy of a credit card application they had sent me before, more copies of some credit card statements, a generic copy of the rules of a credit card agreement, and a bill of sale for a group of credit accounts. So... what exactly is she verifying?  #3 The part of her letter that I hi-lighted in green makes almost no sense at all. 

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I would really appreciate any comments that you might have that would help me put together a Meet and Confer letter in response to this. 

 

I received the following from Winn Law Group:

 

RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS

REQUEST NUMBER 1:  ALL DOCUMENTS relating to or constituting ANY agreement between defendant and CAPITAL ONE BANK (USA), N.A.

RESPONSE TO REQUEST NUMBER 1: Plaintiff hereby incorporates the general objections set forth above.  Plaintiff objects to this request to the extent that it fails to properly limit the time period and subject matter to the claim and/or issues raised in this litigation, and makes the request overbroad and unduly burdensome in that it seeks production of documents that are beyond the scope of this litigation.  Subject to and without waiving the foregoing preliminary response and objections, Plaintiff responds as follows:  Attached hereto and incorporated herein as Exhibit “1”, is a true and correct copy of the Platinum Invitation.  Attached hereto and incorporated herein as Exhibit “2”, is a true and correct copy of the terms and conditions titled, “Customer Agreement”.  Attached hereto and incorporated herein as Exhibit “3”, are true and correct copies of the billing statements dated Month Day, Year to Month Day, Year.

REQUEST NUMBER 2:  ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff of the account referred to in the complaint.

RESPONSE TO REQUEST NUMBER 2:  Plaintiff hereby incorporates the general objections set forth above.  Subject to and without waiving the foregoing preliminary response and objections, Plaintiff responds as follows:  Attached hereto and incorporated herein as Exhibit “4”, are true and correct copies of the Bill of Sale and Schedule Excerpt.

REQUEST NUMBER 3:  ALL DOCUMENTS constituting statements of account number XXXX-XXXX-XXXX-XXXX showing all payments and credits from inception until present.

RESPONSE TO REQUEST NUMBER 3:  Plaintiff hereby incorporates the general objections set forth above.  Plaintiff objects to this request to the extent that it is irrelevant as account stated does not require a complete itemization of the amount owed.  Subject to and without waiving the foregoing preliminary response and objections, Plaintiff responds as follows:  Attached hereto and incorporated herein as Exhibit “3”, are true and correct copies the billing statements dated Month Day, Year to Month Day, Year.  Discovery is ongoing, and Plaintiff reserves the right to amend or supplement this response.

 

I would like to add that the Plaintiff still has not given me all statements for this account.  They are claiming they don't have to provide it all.  Is that true?

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Does the Plaintiff have 10 days to reply to the Meet and Confer for the Request for Documents just as they did with the Meet and Confer for the BOP? Just making sure.

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The response time for the Meet & Confer is whatever you ask for...I gave them 15 days.

 

I just asked for further docs for REQUEST NUMBER 2:  ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff of the account referred to in the complaint.

 

For me I figured that the  2 years of statements Winn sent me would probably satisfy the judge and I really didn't want them producing any more statements. (tho' technically they should provide statements from the inception of the account..but they never really do)

 

So I just put my efforts toward the assignment issue which I knew they were unwilling or unable to provide.

 

Take a look at my post #111   and tailor it to your case. Calawyer helped me tremendously and wrote a killer M & C that perhaps you can use, at least in part.  One of the key points in the M & C is that because Winn/Cavalry has blanket objections to providing many docs, it's hard to know what documents you should be receiving. In other words they are not being clear about which docs they are not giving you and which specific objection they are using in order to not give you those docs..So you really don't even know which docs to ask for or which docs they are withholding.  

 

In my case the bill of sale they provided mentioned the forward flow agreement, but of course no forward flow agreement was forthcoming so we know at least that document is missing. Calawyer uses that point in the M & C.

 

Let me know if you have any problems downloading the M & C.  Also for some reason whenever I typed a b i got a smiley face....with sunglasses!    

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