SunTzushi

Being sued by Portfolio Recovery Associates, LLC with Hunt & Henriques representing them (San Bernardino, CA)

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I am being sued by Portfolio Recovery Associates, LLC with Hunt & Henriques representing them. I am in San Bernardino County, California.

 

They claim that I owe them ~$6,000, but I do not recognize them as the owners of the debt owed.

 

I replied to their summons with a general denial (PLD-050), as their “proof” was not validated, and mailed it along with POS-030 (unsigned). I filed a copy of the PLD-050 and POS-030 with the court, and got a stamped copy for myself.

 

Four days ago I received something new in the mail: a Plaintiff's Specially Prepared Interrogatories, a Requests for Admission, and a Demand for Production of Documents. They say that these documents must be responded to within 35 days.

 

Out of the three, I am primarily concerned about the Prepared Interrogatories, as I am unsure how I am supposed to respond to them when I don't even acknowledge that they are the debt owners. Below I will list the questions verbatim, minus any personal information.

 

 

Prepared Interrogatories

 

 

Interrogatory Number 1: Did you every submit a request for a credit account to CITIBANK, N.A.

 

Interrogatory Number 2: Did CITIBANK, N.A. Issue a credit account number [Number Omitted]in your name?

 

Interrogatory Number 3: State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUTN shall mean credit account issued to you by CITIBANK, N.A. Account number [Number Omitted].

 

Interrogatory Number 4: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to sate the name, address, and telephone number) each and every person than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT.

 

Interrogatory Number 5: IDENTIFY each and every person who you every authorized to use THE CREDIT ACCOUNT.

 

Interrogatory Number 6: Did you use THE CREDIT ACCOUNT.

 

Interrogatory Number 7: Is [Number Omitted], the amount set forth in the complaint in this case as the sum owed as of [Date Omitted], your balance due as of that date on THE CREDIT ACCOUNT?

 

Interrogatory Number 8: If you do not agree that [Number Omitted], the amount set forth in the complaint in this case as the sum owed, is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of [Number Omitted] is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT.

 

Interrogatory Number 9: Did you ever report to CITIBANK, N.A. (for the purposes of these interrogatories, CITIBANK, N.A. Shall mean and refer to Portfolio Recovery Associates, LLC, and/or its predecessor, CITIBANK, N.A., and/or any collection agent or agency purporting to represent Portfolio Recovery Associates, LLC or CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen?

 

Interrogatory Number 10: Did you every report in writing to CITIBANK, N.A. Or Portfolio Recovery Associates, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unsolved?

 

Interrogatory Number 11: Did you receive periodic statements from CITIBANK, N.A. Regarding THE CREDIT ACCOUNT?

 

Interrogatory Number 12: State the approximate date of your last payment to CITIBANK, N.A. on THE CREDIT ACCOUNT.

 

Interrogatory Number 13: Have you ever corresponded with CITIBANK, N.A. In writing regarding THE CREDIT ACCOUNT?

 

Interrogatory Number 14: Have you ever corresponded with Portfolio Recovery Associates, LLC in writing regarding THE CREDIT ACCOUNT.

 

Interrogatory Number 15: State all facts upon which you base your denial of the complain in this action.

 

Interrogatory Number 16: State all facts upon which you base each affirmative defense to complain in this action. [Please note that I did not use any affirmative defense when filing my general denial.]

 

 

Now, as for the Requests for Admission (DISC-020), it is basically all of the above questions rewritten to be statements that imply my guilt in each one, with a area at the bottom for me to sign agreeing to their claims. I have no intention on signing this, but do I still need to reply to it?

 

And finally, the Demand for Production of Documents. They're asking for any and all paperwork I have associated with CITIBANK, N.A., Portfolio Recovery Associates, etc, but I no longer have any in my possession. Is there a particular form I need to fill out to respond to this? If so, which?

Thank you all for your help, it's much appreciated.

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So after I got home from work I was delivered this via UPS (attached is the first three pages, the rest are copies of each monthly statement that I've been sent by Portfolio Recovery).  It's looking like they don't want to appear in court, but if possible I don't want to let them out that easily.  

Do I have any options to subpoena them?  If so how do I do it?   I live about an hour away (~70) miles from the courthouse so I am trying to make as few trips as possible since affording that transportation is a bit of hardship, but I am willing to meet them in court and do whatever it takes to win this.   This case is really stressing me out.

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Your ok Sun.  So do you have a trial date yet? Basically the affidavit above is a ccp98, they will want to use this so they don't have to have a witness appear.  It is not admissible in court if you object to it.   There are a few threads you should read, starting with one pinned at the top of this forum by ASTMedic.  his is a step by step that he did to win his case.  Some will get a little more tricky.  Homelessinca has a thread I highly recommend you read.  He is also from san bernadino.  His case was very intense, and he won.  You can win.  For your interrogatories, you need to answer them, but without admitting.  There are many examples, homelessinca may have his posted in his thread.

but basically something like this

Interrogatory Number 1: Did you every submit a request for a credit account to CITIBANK, N.A.

Defendant does not recall requesting a credit account with Citibank NA.  (It doesn't mean they didn't just send you a card, ;) )

Interrogatory Number 2: Did CITIBANK, N.A. Issue a credit account number [Number Omitted]in your name?

After a diligent search and reasonable inquiry, Defendant has no records showing a Citibank NA credit account with the xxxxx number in my name.

Interrogatory Number 3: State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUTN shall mean credit account issued to you by CITIBANK, N.A. Account number [Number Omitted].

Objection.  Plaintiff is asking for a date opened on a credit account that has not been established as defendants. without forgoing objection, after a diligent search and reasonable inquiry, the defendant has no records relating to an account issued by citibank na account number xxxxxxx.

Interrogatory Number 4: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to sate the name, address, and telephone number) each and every person than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT.

After a reasonable inquiry and diligent search defendant has no records of THE CREDIT ACCOUNT.  

 

Interrogatory Number 5: IDENTIFY each and every person who you every authorized to use THE CREDIT ACCOUNT.

Objection. Asking for information when THE CREDIT ACCOUNT has not been established as belonging to the defendant.  Without forgoing objection, after a reasonable inquiry and diligent search defendant has no records relating to the credit account.

 

 

and so on an so on.  Your rules tell you what you must include in your answer.   After a reasonable inquiry and diligent search is usually accepted by most courts as proper, if you have no records, etc.  

you want to deny on your admissions, and state the reason why after it.  It could be also the phrase above.  make sense?  

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On ‎10‎/‎11‎/‎2016 at 7:14 PM, SunTzushi said:

 

Do I have any options to subpoena them?  If so how do I do it?  

 

There's a subpoena you can download and take to the court  clerk to get it stamped.  You need a process server to serve the declarant at the address given on the last page of the ccp 98 within the last 20 days prior to trial. Tell the process server you don't expect the declarant to be there and to try a few times and leave the subpoena with someone else on the third attempt, and to write you a declaration of diligence stating what happened with the subpoena service.

 

There should be a lot of info here on the subpoena. There's also threads where the discovery has been answered but I can't remember the names of the people. You need the discovery answered and the subpoena served on time.

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On 10/13/2016 at 0:03 PM, shellieh98 said:

Your ok Sun.  So do you have a trial date yet? Basically the affidavit above is a ccp98, they will want to use this so they don't have to have a witness appear.  It is not admissible in court if you object to it.   There are a few threads you should read, starting with one pinned at the top of this forum by ASTMedic.  his is a step by step that he did to win his case.  Some will get a little more tricky.  Homelessinca has a thread I highly recommend you read.  He is also from san bernadino.  His case was very intense, and he won.  You can win.

you want to deny on your admissions, and state the reason why after it.  It could be also the phrase above.  make sense?  

Thank you for the help and encouragement!  I will check out those threads and write up my replies over the next couple days and post back what happens.  My trial date is in the middle of next month, so I have about 30 days until then, but 20 days left to reply to these current papers.  It's like they're trying to overwhelm me so close to the court date, but I'm taking it one thing at a time and will fight them to the best of my ability.

 

Thanks again. :)

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Have you sent them a CCP 96 request for a statement of witnesses and evidence they plan to introduce at trial? You can make this request up to 30 days before your trial date. If you're still at least 30 days out, I'd send it. It locks them into what they can introduce at trial and you can object to anything that isn't properly listed in their response.

http://www.courts.ca.gov/documents/disc015.pdf

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2 hours ago, RyanEX said:

Have you sent them a CCP 96 request for a statement of witnesses and evidence they plan to introduce at trial? You can make this request up to 30 days before your trial date. If you're still at least 30 days out, I'd send it. It locks them into what they can introduce at trial and you can object to anything that isn't properly listed in their response.

http://www.courts.ca.gov/documents/disc015.pdf

I'm 29 days out from my Trial Setting Conference.  Am I too late, or would this be something I can still send since this isn't the official trial?  I must have wrongfully believed that the CCP 98 was them already laying their cards on the table with all of their evidence aside from what they're expecting from me in the form of my response to their Demand for Production, and Prepared Interrogatories, which will be sent out within the next day .  I will send out a CCP 96 as well then, thanks.

 

When filling out the DISC015,  would the responding party be Portfolio Recovery, or their Attorney's? 

Edited by SunTzushi
Clarity

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Alright, so using a couple threads I found around here thanks to Shellieh98 I have modified a couple of documents that I've found to fit my situation in replying to their Prepared Interrogatories, as well as the Demand for Documents .  How does this look?

 

 

DEFEDANT’S RESPONSE TO DEMAND FOR SPEICAL INTERROGATORIES[EXAMPLE] .doc

Response to Doc request[EXAMPLE].doc

Edited by SunTzushi
Edited to add correct files

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45 minutes ago, SunTzushi said:

I'm 29 days out from my Trial Setting Conference.  Am I too late, or would this be something I can still send since this isn't the official trial?  I must have wrongfully believed that the CCP 98 was them already laying their cards on the table with all of their evidence aside from what they're expecting from me in the form of my response to their Demand for Production, and Prepared Interrogatories, which will be sent out within the next day .  I will send out a CCP 96 as well then, thanks.

 

When filling out the DISC015,  would the responding party be Portfolio Recovery, or their Attorney's? 

You can send out a CCP 96 request between 30 to 45 days before your trial date. You can't send it earlier or later than that 15-day window (if you send it too early/late the plaintiff is not required to respond). I'd have it served right as you get into the window, about the 44th day before trial. You should get your response back right around the time you're arranging to have a subpoena served upon the CPP 98 witness.

The responding party is the Plaintiff (Portfolio), you'll have the request served to their attorney. Make sure you include a proof of service and have it sent CMRRR so that you have proof of delivery.

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15 hours ago, RyanEX said:

You can send out a CCP 96 request between 30 to 45 days before your trial date. You can't send it earlier or later than that 15-day window (if you send it too early/late the plaintiff is not required to respond). I'd have it served right as you get into the window, about the 44th day before trial. You should get your response back right around the time you're arranging to have a subpoena served upon the CPP 98 witness.

The responding party is the Plaintiff (Portfolio), you'll have the request served to their attorney. Make sure you include a proof of service and have it sent CMRRR so that you have proof of delivery.

Perfect, thank you.

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Ok so my trial date has  been set for a couple months from now, and I am preparing to send out the CCP 96 request at the 45 day mark, but am wondering at what point I should send out the CCP 98 subpoena?  They have an office within 70 miles of here, is that where I have it sent?  I believe their witness is across the country... I'm just a bit confused as to how the CCP 98 works and how I am supposed to approach it.  Thanks.

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Have a process server attempt to serve the subpoena to appear. The process server will generally attempt 3 times.  There is a 99.999999999999999999% chance that the declarant will NOT be at the location.

The process server will write up a declaration of due diligence. You will then use it to file a motion to quash their CCP 98 declaration. There are a few cases that you can use to strike the CCP 98 declaration.

 

BTW - I would do a little due diligence on Mack Lozano. In fact, I would make a RFP of his employment information - including his home address. (But I am a bit of a stinker)

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You can subpoena the CCP 98 declarant during the 20 days immediately before trial. I would do it as soon as you get into that 20-day window, so that you can get a declaration of diligence as soon as possible and include that info in your trial brief & objection. The CCP 98 should have an address (usually they put down 5 different addresses) where the declarant swears they'll be available for service - any address in that list that is within 150 miles of your courthouse is sufficient, I'd go with the closest location.

Just read the statute, it's a quick read & pretty straightforward: CCP 98.

Have you received the CCP 98 declaration yet? Usually they don't send that until the deadline for doing so (30 days before trial).

 

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@RyanEX it appears that @SunTzushi has already received the CCP98. i believe the posted it back in October 11. months before trial.  Sun, mark your calendar, you can send the subpoena to the address of ABC legal where the declarant is supposed to reside. is that address within 150 miles from your court house?

 

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On 12/27/2016 at 8:48 AM, sadinca said:

@RyanEX it appears that @SunTzushi has already received the CCP98. i believe the posted it back in October 11. months before trial.  Sun, mark your calendar, you can send the subpoena to the address of ABC legal where the declarant is supposed to reside. is that address within 150 miles from your court house?

 

Yup, I got it way back when.  And yes, that address is about 40 miles away from there.  What's my next step?  Sorry for my ignorance, this is still all a bit overwhelming!

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the next step will be to serve your ccp 96 as has been recommended before by RyanEx..

On 10/18/2016 at 5:03 PM, RyanEX said:

You can send out a CCP 96 request between 30 to 45 days before your trial date. You can't send it earlier or later than that 15-day window (if you send it too early/late the plaintiff is not required to respond). I'd have it served right as you get into the window, about the 44th day before trial. You should get your response back right around the time you're arranging to have a subpoena served upon the CPP 98 witness.

The responding party is the Plaintiff (Portfolio), you'll have the request served to their attorney. Make sure you include a proof of service and have it sent CMRRR so that you have proof of delivery.

 

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5 minutes ago, sadinca said:

after you send it. start drafting your Objections and trial briefs. 

Thank you.  Any tips on preparing my Objections / Trial Brief(s)?

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On ‎1‎/‎5‎/‎2017 at 11:36 AM, SunTzushi said:

Thank you.  Any tips on preparing my Objections / Trial Brief(s)?

Try Homelessincalifornia's thread.  His trial brief and objections were very thorough.  In my opinion, they were a bit too long, however,   Try to keep them to under 10 pages.

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14 hours ago, calawyer said:

Try Homelessincalifornia's thread.  His trial brief and objections were very thorough.  In my opinion, they were a bit too long, however,   Try to keep them to under 10 pages.

Thanks, I'll check out his thread.

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