MouseRabbit

In California Being Sued by Cavalry SPV I LLC as Assignee of Citibank NA

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if the deadline falls on a sunday, you can serve them the next business day, 

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1 minute ago, sadinca said:

if the deadline falls on a sunday, you can serve them the next business day, 

That's reassuring. I don't wanna miss the deadline.

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so they didn't object to any part of your request, they simply mailed those documents and about 12 statements. 

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14 minutes ago, sadinca said:

so they didn't object to any part of your request, they simply mailed those documents and about 12 statements. 

I'll check again when I get home but I don't recall anything that looked like an objection. There was a coversheet on numbered legal paper and it was followed by "exhibit a". I don't remember the exact language but pretty sure I didn't see any objection. 

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Re: BOP Demand - they didn't include any objections.

Re: Causes of Action  -

First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest.

Second Cause (Open Book Account) - within past 4 years, defendant became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and or services rendered by Citibank NA. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest.

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Good morning, I am pretty much in the exact same scenario with Cavalry. I was served a Summoms in October. Responded with general denial. In my naivness, contacted them and requested bill of particulars verbally but they sent a "verification of debt" that included a general card agreement with no identifying info on it, a few statements and a bill of sales identifying an electronic account that is alleged to be mine. I recieved a request for admissions and production of documents request almost identical to yours MouseRabbit that POS was dated February 14th. I have until March 19th to respond to their requests. I used the BOP sadinca listed on the dec. 22nd and mailed it certified yesterday. I am of the belief they have until March 8th to put BOP request in the mail and based on all correspondence I recieved so far from them, it should get to me in 3 days tops. Just wanted to share and let you know im following along, rooting for you and fighting them too!

 

 

 

 

 

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14 hours ago, MouseRabbit said:

Re: BOP Demand - they didn't include any objections.

 

can you DM me what the letter stated?

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Request For Admissions

1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes of the Request for Admissions, "ORIGINAL CREDITOR" means Citibank, N.A., "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Citibank, N.A. account number XXXXXXXXXXXX#### which is the subject of this lawsuit).

OBJECTION: Defendant Objects on the ground that this request is 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 did not provide the complete “account.”

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 in full with the Bill of Particulars.

2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances).

OBJECTION: Defendant Objects on the ground that this request is 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 did not provide the complete “account.”

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 in full with the Bill of Particulars.

3. Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT.

OBJECTION: Defendant Objects on the ground that this request is 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 did not provide the complete “account.”

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 in full with the Bill of Particulars.

4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT.

OBJECTION: Defendant Objects on the ground that this request is 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 did not provide the complete “account.”

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 in full with the Bill of Particulars.

5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding YOUR ACCOUNT.

Objection: Defendant Objects on the grounds that this request is Argumentative and lacking in foundation. Specifically that any such “Monthly billing statements” were mailed.

Defendant further Objects on the ground that this request is 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 did not provide the complete “account.”

Without waiving foregoing Objection, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Therefore, Defendant denies. DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

6. Admit that YOU received a final statement on or around ##/##/#### from ORIGINAL CREDITOR with an outstanding balance of $####.##

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.

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

7. Admit YOU never disputed, with any person or entity including the ORIGINAL CREDITOR, the statement with an outstanding balance of $####.##.

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.

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

8. Admit that YOU have not paid the outstanding balance on said ACCOUNT.

OBJECTION: Defendant Objects on the ground that this request is 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 did not provide the complete “account.”

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 in full with the Bill of Particulars.

 

9. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint.

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.

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

10. Admit that YOU have no facts which would vary the amounts owed to Plaintiff.

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.

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

11. Admit that YOU have no affirmative defenses against the Plaintiff's Complaint. Executed at XXXX, California on XX/XX/2019.

 Denied

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Request for Production of Documents Set #1

Documents to be Produced

1. Copies of any and all correspondence between YOU (for the purposes of this Request for Production, "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone action on your behalf) and ORIGINAL CREDITOR (for purposes of this Request for Production, "ORIGINAL CREDITOR" means Citibank, N.A.) relating to the CREDIT ACCOUNT (for purposes of this Request for Production, "CREDIT ACCOUNT" means the Citibank, N.A. credit card account XXXXXXXXXXXX#### which is the subject of this lawsuit).

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 asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, 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 responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

2. Copies of any and all correspondences between YOU and Plaintiff relating to the CREDIT ACCOUNT.

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 asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, 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 responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

3. Copies of any documentation evidencing any payments make to ORIGINAL CREDITOR on said CREDIT ACCOUNT.

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 asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, 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 responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

4. Copies of any and all documents that support the affirmative defenses raised by YOU in this action.

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 asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, 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 responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

 

 

5. Copies of all correspondences from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about YOUR Credit Account.

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 asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, 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 responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

 

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HI,

This forum is a godsend and I need help. We were sued by Calvary for about $1600 we responded with the general denial back on aug 16 2018 and heard nothing until today when we got a "Notice of Mandatory Appearance Case Management Conference" I have not sent an demands just simply did the general denial almost a year ago. The only thing they sent us was a copy of bank statements that they filed with the lawsuit. The conference is scheduled for July 26th..what are my next steps? Can someone help me proceed from here? Can we push back the conference? Thanks for your help!

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On 2/21/2019 at 5:57 PM, MouseRabbit said:

Re: Causes of Action  -

First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest.

Hi, can you update what is happening with your  case? Mine is 99% identical. I can almost copy and paste your answer to my papers.

I request the BOP last week.

Thank you.

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Hi everyone, 

  • Just checked the status of my case - still "Pending".
  • Court date is set for November (4ish months from now)
  • Still haven't received a response to my BOP
  • Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months)
  • Haven't heard anything from them since those requests were issued
  • I'm not going to do any discovery requests -
  • I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show

 

 

 

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