Recommended Posts

OK, I will claim it as an affirmative defense. Should I also include lack of standing? If this moves forward that will be my ultimate defense. Or should I not include that because ultimately it is the Plaintiff's job to prove their case and that they have standing and documentation to back up their claims? Honestly the ideal outcome is a dismissal so I am hoping by not just accepting a default judgement CACH will decide to dismiss and seek easier opportunities.   

Share this post


Link to post
Share on other sites

You don't need to assert lack of standing, or anything else. You have denied all allegations with the general denial, and plaintiff bears the burden of proof.

  • Like 3

Share this post


Link to post
Share on other sites

Hello, I just wanted to provide an update. Because of a lot going on in my life I decided to kind of give myself a breather from this and just keep checking the court's website for any changes. They kept filing non-service paperwork. Then I was finally served. Someone actually came to my door on a weekend and I accepted the service. After that I filed a General Denial and Request to Waive Fees with the court. On the General Denial I put Statute of Limitations as an affirmative defense. 

I am now preparing a BOP. Should I send them a BOP and Request for Admissions at the same time?  

Share this post


Link to post
Share on other sites

I would send the BOP first, and let that play its due course before starting discovery.

  • Like 3

Share this post


Link to post
Share on other sites

I would send a meet and confer letter. 

Did you send it with a POS and mailed CMRRR?

Share this post


Link to post
Share on other sites

So I guess they were not paying attention closely because they filed two requests for default judgement. Both were denied because I filed an answer. The case is still just pending but they did send me a packet. There was a letter that said we see you have filed an answer, you really should call us to settle. Here is the evidence we have. 

In the packet was a notorized statement from a Capital One employee, a statement from a Cach employee about the bill of sale, a bill of sale, and a bunch of monthly statements. It is a very thick packet.

I was not expecting them to have so much, especially a statement from a Calital One employee and  so many monthly statements. 

 

Share this post


Link to post
Share on other sites

Don't worry about the volume of what they sent you, many get the same sizable packet (I did, about an inch thick) and it's meant to do one thing: intimidate. But, coming from a JDB, it's hearsay unless a live witness from the original creditor is there on trial day to authenticate. I have yet to see a JDB pull that off. You can object to every single piece of paper they try to have admitted.

"There was a letter that said we see you have filed an answer, you really should call us to settle. Here is the evidence we have."    - Get used to this attitude. They will exude it throughout the entire process. It's a part of the script. Read enough threads of CA threads and you'll see a lot of JDBs taking this bluff all the way to the morning of trial before dismissing.

  • Like 2

Share this post


Link to post
Share on other sites
On ‎10‎/‎28‎/‎2016 at 10:34 AM, Chills22 said:

So I guess they were not paying attention closely because they filed two requests for default judgement. Both were denied because I filed an answer.

 

Unreal.  Once is par for the course with Collectors.  They are very slow opening the mail.  But twice?  That is REALLY not paying attention!

  • Like 1

Share this post


Link to post
Share on other sites

Hello everyone, 

Hoping for some help. I finally received a Request for Admissions, Request for Production of Documents, and Special Interrogatories. 

I am a little behind as I have to send them out by December 28th. I am starting with the Admissions but they seem to be a lot more specific than what other people have encountered so I am having trouble. They attached two exhibits which are monthly billing statements showing a purchase and then a later one showing the account being behind payments. This is what I have:

 

1. Admit that ORIGINAL CREDITOR BLAH BLAH BLAH issued to YOU the ACCOUNT, which is the subject of this lawsuit.

DENIED to the extent that the "ACCOUNT" has not been provided for examination. The term "issued" indicates an application, which would assumedly already be available to plaintiff through its business records.

2. Admit that YOU and ORIGINAL CREDITOR entered into an agreement RELATED TO the ACCOUNT.

DENIED to the extent that the "agreement" referenced has not been provided for examination.

3. Admit that YOU signed, submitted, or otherwise authenticated the application for the opening of the ACCOUNT.

DENIED to the extent that the "application" referenced has not been provided for examination.

4. Admit that YOU (including authorized users) used the ACCOUNT (e.g. for purchases and/or cash advances).

DENIED to the extent that the "ACCOUNT" referenced has not been provided for examination.

5.  Admit that YOU (including authorized users) made a purchase at a big box store on or around date in 2011 (see this month's statement, attached as Exhibit "1").

DENIED...... (Not sure what to say?)

6. Admit that YOU made payments toward the balance due on the ACCOUNT.

DENIED to the extent that the "ACCOUNT" referenced has not been provided for examination.

7. Admit that YOU agreed to pay ORIGINAL CREDITOR (including its successors and assigns) all outstanding balances owed on the ACCOUNT.

DENIED to the extent that the "ACCOUNT" referenced has not been provided for examination.

8. Admit that the STATEMENTS on the ACCOUNT were addressed to YOU.

(They were addressed to my address at the time; however, my name is incorrect.) 

9. Admit that YOU received monthly STATEMENTS on the ACCOUNT.

Not sure what to say. 

10. Admit that YOU received a final STATEMENT (dated on or around date in 2013, with an outstanding balance of $1,XXX), a copy of which is attached hereto a s Exhibit "2".

Not sure what to say. 

11. Admit that YOU were receiving mail at the address shown on the final STATEMENT around the time that it was mailed (dated on or around date in 2013) see Exhibit "2".

Not sure what to say.  That was my address at the time. 

12. Admit that YOU did not dispute the outstanding balance of $1,XXX with any PERSON or entity, including the ORIGINAL CREDITOR or PLAINTIFF.

Not sure what to say. I do not honestly know if I did or not. 

13. Admit that YOU did not dispute PLAINTIFFS ownership of the ACCOUNT.

Not sure what to say. I am disputing ownership through my General Denial. 

14. Admit that YOU have not repaid the current outstanding balance of $1,XXX (this amount does not include court costs, attorney fees, or other costs allowed by law) due on the ACCOUNT.

Not sure what to say.  

15. Admit that YOU have no facts that would vary the amount(s) owed to PLAINTIFF.

OBJECTION: Defendant owes PLAINTIFF nothing.  

16. Admit that YOU have no affirmative defenses against the PLAINTIFF'S COMPLAINT.

OBJECTION; Calls for legal impression of Counsel. Investigation and discovery are ongoing and not complete. Defendant reserves the right to supplement or amend this response. Without foregoing Objection, Defendant most certainly has valid affirmative defenses to this action.  Based on the foregoing, Defendant responds as follows: DENIED 

17. Admit that YOU owe PLAINTIFF the amounts prayed for in the COMPLAINT, including the principal of $1,XXX, plus court costs and attorney fees, if allowed by law or contract.  

DENIED: Defendant owes PLAINTIFF nothing.  

Share this post


Link to post
Share on other sites

before we can help you with some of these answers. quick question, the package that you received, was that in answer to your BOP that you sent back in June?

 

Share this post


Link to post
Share on other sites

good. let me draft something stating that they never replied to your BOP. you shouldn't have to guess whether or not the packet you received was in response to your bill of particulars.

 

Share this post


Link to post
Share on other sites

another thing: the term "ACCOUNT" is a defined term? if it is i am assuming it defines the alleged account number?

 

Share this post


Link to post
Share on other sites

1. Admit that ORIGINAL CREDITOR BLAH BLAH BLAH issued to YOU the ACCOUNT, which is the subject of this lawsuit.

Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, has not responded to Defendant’s demand for Bill of Paticulars.

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies with Defendants demand for Bill of Paticulars.

2. Admit that YOU and ORIGINAL CREDITOR entered into an agreement RELATED TO the ACCOUNT.

OBJECTION: Defendant Objects to this request on the ground that this request is compound in violation of section §2033.060 (f).

Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, has not responded to Defendant’s demand for Bill of Paticulars.

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies with Defendants demand for Bill of Paticulars.

 

3. Admit that YOU signed, submitted, or otherwise authenticated the application for the opening of the ACCOUNT.

OBJECTION: Defendant Objects on the grounds that this request is Argumentative and lacking in foundation. Specifically that any such “application” was “signed.”

Defendant further Objects on the ground that this request if vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the “account”. Plaintiff, has not responded to Defendant’s demand for Bill of Paticulars.

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies with Defendants demand for Bill of Paticulars.

4. Admit that YOU (including authorized users) used the ACCOUNT (e.g. for purchases and/or cash advances).

OBJECTION: Defendant further Objects on the ground that this request if vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the “account”. Plaintiff, has not responded to Defendant’s demand for Bill of Paticulars.

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies with Defendants demand for Bill of Paticulars.

5.  Admit that YOU (including authorized users) made a purchase at a big box store on or around date in 2011 (see this month's statement, attached as Exhibit "1").

 hmm. I think you can safely use the same answer as in request for admission number 6.

 

6. Admit that YOU made payments toward the balance due on the ACCOUNT.

OBJECTION: Defendant Objects on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplies or other consideration rendered, and all payments or credits that have been made to the account. Plaintiff has not responded to Defendant’s demand for Bill of Particular. Plaintiff assumes disputed facts and facts not in evidence.

 

Without waving foregoing Objection, Defendant responds as follows:

 

DENIED. Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit. Defendant has no records to support Plaintiff’s allegation. Based on the foregoing, Defendant DENIES.

 

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies with Defendant’s demand for Bill of Particulars.

 

7. Admit that YOU agreed to pay ORIGINAL CREDITOR (including its successors and assigns) all outstanding balances owed on the ACCOUNT.

OBJECTION: Defendant Objects on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplies or other consideration rendered, and all payments or credits that have been made to the account. Plaintiff has not responded to Defendant’s demand for Bill of Particular. Plaintiff assumes disputed facts and facts not in evidence.

 

Without waving foregoing Objection, Defendant responds as follows:

 

DENIED. Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit. Defendant has no records to support Plaintiff’s allegation. Based on the foregoing, Defendant DENIES.

 

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies with Defendant’s demand for Bill of Particulars.

8. Admit that the STATEMENTS on the ACCOUNT were addressed to YOU.

Defendant further Objects on the grounds that this request is Argumentative and lacking in foundation. Specifically that any such “STATEMENTS” addressed to Defendant. 

Without waving foregoing Objection, Defendant responds as follows:

 

DENIED: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore, Defendant DENIES.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request

9. Admit that YOU received monthly STATEMENTS on the ACCOUNT.

OBJECTION: Defendant further objects on the ground that this request is Argumentative and lacking in foundation. Specifically that any such “STATEMENTS” were mailed. Or received by
Defendant.

 

Defendant further Objects on the ground that this request that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account” the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff has not responded to Defendant’s demand for Bill of Particulars.

 

Without waiving foregoing objection, Defendant responds as follows:  

 

Denied. Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore, Defendant DENIES.

 

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

10. Admit that YOU received a final STATEMENT (dated on or around date in 2013, with an outstanding balance of $1,XXX), a copy of which is attached hereto a s Exhibit "2".

OBJECTION: Defendant further objects on the ground that this request is Argumentative and lacking in foundation. Specifically that any such “STATEMENTS” were mailed. Or received by
Defendant.

 

Defendant further Objects on the ground that this request that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account” the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff has not responded to Defendant’s demand for Bill of Particulars.

 

Without waiving foregoing objection, Defendant responds as follows:  

 

Denied. Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore, Defendant DENIES.

 

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

11. Admit that YOU were receiving mail at the address shown on the final STATEMENT around the time that it was mailed (dated on or around date in 2013) see Exhibit "2".

OBJECTION: Defendant further objects on the ground that this request is Argumentative and lacking in foundation. Specifically that any such “STATEMENTS” were mailed. Or received by
Defendant.

 

Defendant further Objects on the ground that this request that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that alleged “agreement”, all credits, that were made to the “account” the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff has not responded to Defendant’s demand for Bill of Particulars.

 

Without waiving foregoing objection, Defendant responds as follows:  

 

Denied. Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit, therefore, Defendant DENIES.

 

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his response to this request after Plaintiff complies in full with the Bill of Particulars.

12. Admit that YOU did not dispute the outstanding balance of $1,XXX with any PERSON or entity, including the ORIGINAL CREDITOR or PLAINTIFF.

DENIED

13. Admit that YOU did not dispute PLAINTIFFS ownership of the ACCOUNT.

DENIED

14. Admit that YOU have not repaid the current outstanding balance of $1,XXX (this amount does not include court costs, attorney fees, or other costs allowed by law) due on the ACCOUNT.

 OBJECTION: Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars. Plaintiff has not responded to Defendant’s Bill of Particulars regarding an accounting of the alleged debt, any agreement giving rise to the alleged debt and Plaintiff assumes disputed “facts” and “facts” not in evidence.

 

Based on the foregoing, Defendant responds as follows:

 

After a reasonably inquiry and diligent search, the information known or readily available by him is insufficient to accurately respond to this request. Therefore, Defendant DENIES. Defendant owes JDB. NOTHING.

15. Admit that YOU have no facts that would vary the amount(s) owed to PLAINTIFF.

OBJECTION: Defendant owes PLAINTIFF nothing.  

16. Admit that YOU have no affirmative defenses against the PLAINTIFF'S COMPLAINT.

OBJECTION: calls for legal impression of Counsel. Investigation and discovery are ongoing an not complete

 

Defendant answered Plaintiff’s baseless complaint with valid affirmative Defenses. Based on the foregoing, Defendant DENIES.

 

Defendant reserves the right to supplement this response at a later time.  

17. Admit that YOU owe PLAINTIFF the amounts prayed for in the COMPLAINT, including the principal of $1,XXX, plus court costs and attorney fees, if allowed by law or contract.  

 OBJECTION: Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars. Plaintiff has not responded to Defendant’s Bill of Particulars regarding an accounting of the alleged debt, any agreement giving rise to the alleged debt and Plaintiff assumes disputed “facts” and “facts” not in evidence.

 

Based on the foregoing, Defendant responds as follows:

 

After a reasonably inquiry and diligent search, the information known or readily available by him is insufficient to accurately respond to this request. Therefore, Defendant DENIES. Defendant owes JDB. NOTHING.

 

Share this post


Link to post
Share on other sites

Wow. Thank you so much. I cannot tell you how much I appreciate this. I was sweating bullets over here with these questions and you have no idea how much you just helped me. I cannot thank you enough!!

Share this post


Link to post
Share on other sites

wait, number 15 is not right. use the answer for number 14 there. 

 

this is the perfect example why sending a bop is important. often enough they dont reply which that allows you to giggle your way out of a tight spot by making it easier to answer their discovery questions. 

Share this post


Link to post
Share on other sites

Hello, so I have trial set for this case on March 29th. I sent out the CCP 98 and received the proof of delivery showing that it was received on 2/21. However, I just received a notice that the law firm was changing and as of 2/21 I should send all notices to a different law firm. Am I covered by sending the CCP 98 to the first law firm or do I now have to send it again to the second law firm? 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.