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Think I serviced the discovery answers wrong!!! Please help!!


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My dad is being sued on a debt that is SOL, I helped him finish his answers to the discovery interrogatories. He has asked me to service it to the plaintiff by mail. Do I send the original INK signed sworn answers to the plaintiff, or a photocopy and keep originals for his records? I already served the documents last night but fear I may have done it wrong. When the plaintiff sent HIM Discovery the plaintiff appears to create his own proof of service on pleading paper and includes a copy of it INSIDE the envelope sent to us? I did the same exact thing and created my own PROOF OF SERVICE sheet based on plaintiff's I received (Instead of using OCCOURTS POS form L2409 here: http://www.occourts.org/forms/local/l2409.pdf) I sent plaintiff a filled out and signed PHOTOCOPY of my own DIY POS sheet inside a fedex envelope with a photocopy version of the signed answers (What I sent to plaintiff can be seen here as PDF: https://drive.google.com/file/d/0BzQlOmufmAEtZ0RkN2J4dHBZRm8/view?usp=sharing it's a photocopy of the signed answers and photocopy of the free-hand POS form I created). Is what I sent valid?(A photocopy) & Can the ink-verson DIY POS Sheet be filed with courts? Thank You!

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18 minutes ago, BV80 said:

@Slothrop Dorsett Case

When was the date of last payment on the account?

They are claiming a payment was made on 12/31/2012 but this is absolutely false. 

They have even gone as far as to ask this in discovery.

They actually, even included a forged document EXHIBIT 2 in the discovery sent to us (It is a forged account transaction sheet on CAVALRY letterhead showing a $470 credit made on 12/31/2012) This document is completely fake, no payment was ever made on 12/31/2012.

They try to get us to admit this in discovery but we disputed it. They have done the same to many others here on the forum (Lying and saying a payment was made specifically on new years eve that convienently would place it inside the SOL).

No payment was EVER made to cavalry, the last payment on the account was made to Bank of America (we can prove this) and it was well over 4 years ago.

I have been following the advice on these threads, your advice in particular has been INCREDIBLY helpful and I just want to say thank you!

based  my answers to discovery on answers from the first linked thread by Ruby Tuesday, shes being sued by the same JDB and law group, and her discovery questions were 100% identical to mine even in order written.

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6 minutes ago, BV80 said:

@Slothrop Dorsett Case

Just to be safe, your dad should check his bank records to make sure no payment was made when they claim.  If  no payment shows up on his bank records, he might have an FDCPA claim and should contact a consumer attorney. 

We have already reviewed and printed out every statement for every bank account he owns and reviewed the records just to double check, the records reflect no payments to anyone, and he definitely did not pay in cash or some other form.

Thank You for the advice. We are in a very serious financial situation as a family, and it's proven incredibly difficult to find attorneys pro-bono and or free legal aid on this civil matter. We certainly can not afford to pay for representation, he is disabled also, the only income he has.

You wouldn't happen to have any insight regarding if the service/proof of service and answers sent last night via fedex is proper/acceptable?

Thank You soo much!!!

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2 minutes ago, Slothrop Dorsett Case said:

We have already reviewed and printed out every statement for every bank account he owns and reviewed the records just to double check, the records reflect no payments to anyone, and he definitely did not pay in cash or some other form.

Thank You for the advice. We are in a very serious financial situation as a family, and it's proven incredibly difficult to find attorneys pro-bono and or free legal aid on this civil matter. We certainly can not afford to pay for representation, he is disabled also, the only income he has.

You wouldn't happen to have any insight regarding if the service/proof of service and answers sent last night via fedex is proper/acceptable?

Thank You soo much!!!

@Anon Amos or @RyanEX are from your state and will be able to offer information on CA procedure and laws. 

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In the future I would use the POS 030 form for your proof of service, but you can draft your own (I didn't look at yours).

It shouldn't matter here because discovery isn't filed with the court anyway, so you really didn't have to have a proof of service, but most people do, and it probably isn't a bad idea.

I wouldn't worry about the discovery response being the original or copy either.

You do not file the discovery responses with the court.

Did you assert the running of the SOL as and affirmative defense in the answer to the complaint? And did you file the answer with the court as well as send plaintiff a copy with POS?

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1 hour ago, Anon Amos said:

In the future I would use the POS 030 form for your proof of service, but you can draft your own (I didn't look at yours).

It shouldn't matter here because discovery isn't filed with the court anyway, so you really didn't have to have a proof of service, but most people do, and it probably isn't a bad idea.

I wouldn't worry about the discovery response being the original or copy either.

You do not file the discovery responses with the court.

Did you assert the running of the SOL as and affirmative defense in the answer to the complaint? And did you file the answer with the court as well as send plaintiff a copy with POS?

We did assert affirmative defense SOL in the answer (amongst a few others).

We did file the answer with the court properly and serve it to the plaintiff.

I should probably delete this thread and move discussion to the other.

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We had a legal aid file the answer. So I know this was correctly served/filed.

But when reviewing the answer I think she may have filled it out WRONG. 

on the answer she checked "B - defendant admits all of the statements of the complaint or cross complaint are true except:" below that it says: 1) defendant claims the following statements are false: (theres nothing written in, it's empty)

then on the BACK of the answer (not sure how this got printed out this way) it says:

 

4. X (a box checked) AFFIRMATIVE DEFENSES: 

01. as a first affirmative defense defendant alleges that he does not owe this debt

02. as a second affirmative defense defendant alleges he has not received adequate documentation to show that the plaintiff is the real party in interest to pursue this action.

03. as a third affirmative defense, defendant alleges that the account sued upon is not his account.

04. as a fourth affirmative defense defendant alleges that the action is barred by the statute of limitations.

05. as a fifth affirmative defense defendant alleges that the action is barred under the doctrine of latches.

06.  as a sixth affirmative defense defendant alleges that the complaint does not contain facts sufficient to state a cause of action against the defendant.

 

 

 

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Welcome.

 

If you are in Orange county, try the Public Law Center.  Their office is right near the court.  First thing you should tell them is that Cavalry is claiming that a credit is the only thing preventing the SOL from running.  We see these cases sometimes and they are almost always bogus.  Even if they were not, the credit is from the OC and Cavalry will never be able to explain it.

As far as your original question is concerned, you did not do it correctly. The POS should be included in the envelope with the original discovery response.  However, it should not be signed.  It should be blank or have an \S\ instead of a signature.  The proof says you put in an envelope and mailed it.  You are supposed to actually do that before you sign.

 

Having said that, I would wager a guess that 95% of lawyers and law firms in California do it incorrectly just as your plaintiff did.  My own secretary does it correctly for me and incorrectly for every other lawyer in my firm, because I am the only one that insists on doing it right, and it is a pain to do it correctly.  I have never seen any consequences from doing it wrong.  So don't worry.

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