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annabell

Sued by Cavalry - California

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Hi everyone,

In April 2018, I was sued by Cavalry for a Citibank debt of around $9K. I filed my answer within the 30 days, and just this past week received a Request for Admissions/discovery demands.

They have also attached a bunch of my account statements from 2014-2015 and a card agreement.

Could anyone help me with the next step? I am fighting this on my own. There is no set court date. The statute of limitations was up in May 2018, however they filed the original paperwork way before that (although I was not served until months later) so I am not sure if it will help my case at all.

Thank you so much.

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15 minutes ago, annabell said:

Hi everyone,

In April 2018, I was sued by Cavalry for a Citibank debt of around $9K. I filed my answer within the 30 days, and just this past week received a Request for Admissions/discovery demands.

They have also attached a bunch of my account statements from 2014-2015 and a card agreement.

Could anyone help me with the next step? I am fighting this on my own. There is no set court date. The statute of limitations was up in May 2018, however they filed the original paperwork way before that (although I was not served until months later) so I am not sure if it will help my case at all.

Thank you so much.

Calling @sadinca and @RyanEX

Do a search on this site for CCP 96 and CCP 98.   Also, read the following CA rulings which address those rules.  

https://scholar.google.com/scholar_case?case=13033318686227947034&q=“cach,+llc”&hl=en&as_sdt=4,5

https://scholar.google.com/scholar_case?case=11539742947026699092&q=“cach,+llc”&hl=en&as_sdt=4,5

 

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1 hour ago, annabell said:
 

Hi everyone,

In April 2018, I was sued by Cavalry for a Citibank debt of around $9K. I filed my answer within the 30 days, and just this past week received a Request for Admissions/discovery demands.

They have also attached a bunch of my account statements from 2014-2015 and a card agreement.

Could anyone help me with the next step? I am fighting this on my own. There is no set court date. The statute of limitations was up in May 2018, however they filed the original paperwork way before that (although I was not served until months later) so I am not sure if it will help my case at all.

Thank you so much.

We have some samples of answering Cavalry discovery request around here. What firm is representing them? (Mandarich, etc)

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Check these out, are they same?

ADMISSIONS

1.  Admit the genuineness of the docs attached, monthly statements for OC C/C with the account # XXXX

2.  You applied for and opened a CC account with OC.

3.  A CC was issued to you by OC with the account # XXXX.

4.  You used the CC and made charges and made payments to the OC.

5.  Monthly billing statements attached were mailed to you at (my address) indicating monthly debits, credit and payments made on the account.

6.  You were mailed and received a cardholder agreements for this OC.

7.  The date of last payment or transaction occurred (lists date) on the OC.

8.  On (specific date after date below) you were indebted to OC the sum of (lists amt) on an account stated for charges to your OC.

9.  On (specific date before date above) you were indebted to Plaintiff the sum of (lists amt) on an account stated for charges to the account.

 

INTERROGATORIES

1. State your name, any other names by which you have been known, and your address.

2. State the date and place of your birth.

3. State, as of the the time of the INCIDENT, your driver's license #, the state of issuance, the exp date and any restrictions.

4. State each residence ADDRESS for the last five years and the dates you lived at each ADDRESS.

5. State the name, ADDRESS, and telephone # of each employer you have had over the past five years and dates you worked for each.

6. Identify all documents that are part of the agreement and for each state the name, ADDRESS, and tele # of the person who has each DOCUMENT.

7. state each part of the agreement not in writing, the name, address, and telephone # of each person agreeing to that provision and the date that part of the agreement was made. 

8. Identify all documents that evidence each part of the agreement not in writing and for each state the name address and telephone # of the person who has each document.

9. Identify each agreement excused and state why performance was excused.

10. Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

10. Identify each unenforceable agreement and state the facts upon which your answer is based.

SPECIAL INTERROGATORIES

1.  (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated (date prepared) and served within)  For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made.

 

2.  For each of your responses that is not an unqualified admission, please state the name, address and telephone number of all persons who have knowledge of the fats supporting your response, identifying that response by reference to the number of the request to which it is made.

 

3.  For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made.

 

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Hi @BV80 @RyanEX or anyone else that can help!

I did not reply to their requests for admissions in time (which I now understand was probably an end all for me). I received a second packet, which says I waived my right to object to any requests and they now demand that I serve them with my response to request for admissions on or before Nov 2. "The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requested be deemed admitted...etc."   Two things here-

1. They didn't serve me and this packet was plopped in front of my door after November 2 (11/5) - does this mean anything?

2. Is it game over for me? Is there anything else I can do or should do?

Thank you!

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They can ask the court to deem those unanswered admissions as 'admitted'. Since the Req for Admissions probably contained a few lines like "admit this is your debt" & "admit you owe plaintiff $9K", it could be a fatal error.

Best you can do is get them answered, fast. And if they move to get them admitted anyway, fight it.

I'm not sure how to address that Nov 5 packet that had a Nov 2 deadline.

You never responded to the post with the sample questions/admissions, are they the same?

 

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@RyanEX Thank you!  Regarding the admissions + interrogatories they are almost identical. I have a few extras in the admissions:

 

- All conditions precedent to payment of the unpaid principal balance due have been performed, waived, satisfied or extinguished

- You have no valid affirmative defenses to this action

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On 11/12/2019 at 1:27 PM, annabell said:
 

@RyanEX Thank you!  Regarding the admissions + interrogatories they are almost identical. I have a few extras in the admissions:

 

- All conditions precedent to payment of the unpaid principal balance due have been performed, waived, satisfied or extinguished

- You have no valid affirmative defenses to this action

Take a look at these responses. I'm a little unsure about Adm #10, haven't seen that one before.

ADMISSIONS

1.  Admit the genuineness of the docs attached, monthly statements for OC C/C with the account # XXXX

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

 

2.  You applied for and opened a CC account with OC.

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

 

3.  A CC was issued to you by OC with the account # XXXX.

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

 

4.  You used the CC and made charges and made payments to the OC.

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

 

5.  Monthly billing statements attached were mailed to you at (my address) indicating monthly debits, credit and payments made on the account.

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

 

6.  You were mailed and received a cardholder agreements for this OC.

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

 

7.  The date of last payment or transaction occurred (lists date) on the OC.

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

 

8.  On (specific date after date below) you were indebted to OC the sum of (lists amt) on an account stated for charges to your OC.

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

 

9.  On (specific date before date above) you were indebted to Plaintiff the sum of (lists amt) on an account stated for charges to the account.

DENIED.

 

10.  All conditions precedent to payment of the unpaid principal balance due have been performed, waived, satisfied or extinguished.

DENIED. Defendant states that after reasonable inquiry, the information known or readily obtainable by him/her is insufficient to enable him to admit, therefore Defendant denies.

 

11.  You have no valid affirmative defenses to this action

Admitted in part to the extent Defendant did not assert any affirmative defenses in his/her answer. DENIED in part to the extent that Defendant has not evaluated the validity of any affirmative defenses to this action.

 

INTERROGATORIES

 1. State your name, any other names by which you have been known, and your address.

Your name, address, phone #

 

2. State the date and place of your birth.

OBJECTION. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

   

3. State, as of the the time of the INCIDENT, your driver's license #, the state of issuance, the exp date and any restrictions.

OBJECTION. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

4. State each residence ADDRESS for the last five years and the dates you lived at each ADDRESS.

OBJECTION. The interrogatory is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objection Defendant states that he/she lives at [STATE YOUR ADDRESS].

 

5. State the name, ADDRESS, and telephone # of each employer you have had over the past five years and dates you worked for each.

OBJECTION. The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a counter-suit if attempted.

 

6. Identify all documents that are part of the agreement and for each state the name, ADDRESS, and tele # of the person who has each DOCUMENT.

OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiff’s claims. 

 

7. state each part of the agreement not in writing, the name, address, and telephone # of each person agreeing to that provision and the date that part of the agreement was made. 

OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims.

 

8. Identify all documents that evidence each part of the agreement not in writing and for each state the name address and telephone # of the person who has each document.

OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiff’s claims.

 

9. Identify each agreement excused and state why performance was excused.

OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims.

 

10. Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims.

 

10. Identify each unenforceable agreement and state the facts upon which your answer is based.

OBJECTION. Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreement supporting plaintiff’s claims.

 

SPECIAL INTERROGATORIES

1.  (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated (date prepared) and served within)  For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made.

Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant.

 

2.  For each of your responses that is not an unqualified admission, please state the name, address and telephone number of all persons who have knowledge of the fats supporting your response, identifying that response by reference to the number of the request to which it is made.

Your name, address, phone #.

 

3.  For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made.

Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because such documents have never been in the possession, custody, or control of Responding Party.

 

 

 

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