Discovery / RPD

[stevelake]

Just wondering if somebody could help me craft the best question (or questions) to the plaintiff in discovery, regarding alleged credit card debt owed.

Basically, what is the best way to phrase a question (RPD) asking for a complete breakdown of the alleged amount owed on the alleged account. To be more specific, how much of the alleged amount owed is interest (or accrued interest) and/or how much was paid out in interest through the life of this alleged account. How much was paid out in services charges, fees, etc. (and how much has already paid out) through the life of this account. Basically, I really want them to provide a complete and itemized breakdown of ALL the fees, costs, charges, interest, etc paid out through the life of the account (as well as how much of the total amount owed to them is interest, charges, fees, etc.), and are those pile/tacked on items included in the credit agreement that I allegedly signed or subsequent legitimate changes in terms of which I allegedly received notice.

 

Any and all help crafting this into 1 or possibly several separate questions that can be added in discovery would be greatly appreciated.

 

[sadinca]

Check out ASTMedic threat How I Beat Midland In California, he has 4 very proper discovery questions.

 

I think it goes something like: ALL itemized statements from the alleged (name of original creditor) with the Account Number (account number) that demonstrate how the alleged amount of $X,XXX.xx was calculated.

[stevelake]

Thank you, but they're just going to send me a stack of statements. I need questions specifically designed to get them to "spell it out".... all the details regarding interest, fees, etc.

[shellieh98]

Demand a BOP.  You just need a letter.  I think there is a sample in homelessinca's thread.

[shellieh98]

oh and they wont give you one btw, lol.  you can try to compel it after you request it.  If they are suing you on "account stated" they don't have to provide that information.  If they are suing you on breach of contract, money lent then the rules say they do.

[shellieh98]

@stevelake I just looked in your profile, and noticed you have 3 different threads going.  You can recieve alot of help here, I would suggest you keep it all in this thread, and post only in this one.  Every time you post, it brings it to the top, and we can see if there is a new question.  It really helps us if everything is together so we know what has happened in your case. 

 

After reading your threads, I would suggest you read the thread by homelessinca.  His case was very through, and can be very insightful as to how the court thing works.  You can find his thread here.  http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

[stevelake]

Sorry I started a few threads. I'll stick to this one now and Thank you for your help. I'll look at his thread.

Also, It is "account stated". So are you saying if it's "account stated" they do not have to provide the info I'm requesting in my "request for production of documents" ? What are you basically saying, that they don't have to provide a "breakdown" of what is interest, etc.?

[stevelake]

Also, I looked at homelessinca and saw that it was for "breach of contract" so I'm not sure what I can use from that case, but I will look further to see if I can get some ideas for this one.

[shellieh98]

Exactly what I'm saying. Account stated is by definition:

The elements of account stated are:

(1) prior transactions between the parties which establish a debtor-creditor relationship. They show this with a statement that may show a charge or a payment.

(2)an express or implied agreement between the parties as to the amount due, they show this when there was no dispute to the charge or payment. The balance of the statement wasn't disputed within a reasonable time, and

(3) an express or implied promise from the debtor to pay the amount due.

That's why they like account stated. They only need show a statement with your name and address, a payment and a charge. No fuss no muss with all the late fees, interest, et all.

[shellieh98]

They need a statement showing a charge, one showing a payment, and the last charge off statement. That's it as far as an accounting of the account.

[stevelake]

Thanks for the input. So what question/questions would you ask in discovery?

[shellieh98]

Bill of sale, and more importantly the forward flow that is referenced in the bill of sale. It might also be called the purchase agreement. I would still ask for all documents of accounting that show a zero balance to the amount being sued upon. Any communications from JDB to me with a demand for payment.

That will just keep them busy. They will not comply, but if they don't, they can't use any of it against you.

Also dogs asking who has knowledge about the alleged account, how they know the account is accurate, how they keep and maintain their records they are claiming to be accurate. How their assignor keeps and maintains there records to ensure accuracy.

Most of this is busy work, just to make them work, and you may get lucky and get something you can use against them.

It gives you the ammo to form your objections to the accuracy of the account, and to anything they try to submit in their ccp96--- which is a compilation of everything they plan to use against you at trial. You request the ccp96 45-30 days from trial.

[stevelake]

VERY helpful...Thank you, You really pinpointed what I'm looking for. I'll have to chew on some of this. Also, may need to ask for help later the best way to craft some of these questions.

[Anon Amos]

I would still send ASTMEDIC'S RFP'S. Usually you do that first. Then you ask questions about the docs you received.

[stevelake]

thanks.... I'll look into that again.

[calawyer]

This post has made me think a bit.  Thanks. 
 
I could see asking a couple of very simple interrogatories.  LIST the amount of interest charged over the life of the account (where "LIST" is a defined term meaning state the amount, date it was charged and how it accrued over time).
Same with fees.
 
I would think that plaintiff would respond by exercising it option to produce documents instead of making a compilation (see 2030.230). But if plaintiff did so, it would be required to produce all statements, something that most JDBs can't do.

If you were willing to meet and confer and file a motion to compel, I think a judge would be slightly upset that plaintiff couldn't even tell you how much you owe in interest and how much you owe in fees.  Might be a pretty good way to educate your judge as to how little plaintiff has in its quiver.

 

I will help if you are willing to give this a try.

[stevelake]

you're right, I agree, I will be working on this....