TDTDT

CA: Request For Admissions, Request for Prod. of Docs., Special Interrogatories

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Hello, the basics of my case are outlined below. In the following post, I will share the Request For Admissions, Request for Production of Documents, and Special Interrogatories I have just been sent. I request assistance on how to respond to those documents. Thank you.

1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC, as Assignee of Synchrony Bank

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group, LLP.

3. How much are you being sued for?  $4050

4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (via Guitar Center) 

5. How do you know you are being sued? (You were served, right?) Served.

6. How were you served? (Mail, In person, Notice on door) Spouse (separated) was served at my former residence on Dec 31 (happy new year)

7. Was the service legal as required by your state? Yes.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me some letters, I did not respond

9. What state and county do you live in? Los Angeles, CA.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx. 3 years, 6 months

11. When did you open the account (looking to establish what card agreement may be applicable)?  No idea. Maybe 2006

12. What is the SOL on the debt? To find out: 4 years.

13. What is the status of your case? Suit served? Motions filed?  Pending, trial scheduled

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No.

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  I responded with a general denial on grounds that allegations were unverified

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just statements. 

Two statements - one from July '17 showing that I made payment; one from Jan '18 showing increased balance, with no payment made.

Neither statement has the full account number, new purchases, or agreement.

18.  How did you find out about this site? Google

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Original poster here - I have received the following REQUEST FOR ADMISSIONS. There is no new evidence in this packet that was not in the original lawsuit. My interjections are in red (I am paranoid to share exact dates and figures), and my questions are prefaced by a :confused: emoji:

1. Admit that ORIGINAL CREDITOR (OC) issued to YOU the ACCOUNT (they then list the account number as a bunch of XXXX's and the last 4 digits.)

2. Admit that YOU used said ACCOUNT

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

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

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

6. Admit that you received a final statement on or around 02/xx/18 from OC with an outstanding balance of ~$4500

7. Admit that YOU never disputed, with any person or entity including the OC, the statement with an outstanding balance of ~4500

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

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

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

11. Admit that YOU have no affirmative defenses against the Plaintiff's Complaint. Executed at LA County Court on February __, 2021

-----

:confused: I understand that I must respond to this within 30 days. Please advise on how to respond. After reading threads elsewhere on this forum, I feel I can DENY these because they have not provided any details on account number (which I do not know). To the best of my knowledge, I don't have an affirmative defense at this time, except that I don't know that I owe the amount specified. Please correct me if I am wrong.

----

The following is the REQUEST FOR PRODUCTION OF DOCUMENTS:

1. Copies of any and all correspondence between YOU and OC (they then list the incomplete account number again)

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

3. Copies of any documentation evidencing any payments made to OC on said CREDIT ACCOUNT

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

5. Copies of all correspondence from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureuas or services about YOUR credit account

--

:confused: As far as I can see, there is nothing in this document that states I am required to provide any of these documents. Is this correct?

---

The following is the SPECIAL INTERROGATORIES sent as part of the same packet:

1. State all facts upon which YOU base YOUR contention that YOu owe nothing on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory.

2. Describe each document that you believe supports your contention that you owe nothing on the account. If you make no such contention, do not answer this interrogatory.

3. State all facts upon which you base your contention that you owe less than the amount prayed for in plaintiff's complaint on the account. If you make no such contention, etc.

4. Describe each doc that you believe supports your contention that you owe less than the amount prayed for in the PC on the account. If you make no such contention, do not answer this interrogatory.

5. State each of your affirmative defenses.

6. State all facts upon which you base your affirmative defenses.

7. State each mailing address, if different from your residence addresses, for the last ten years

8. State all facts regarding payments made on the account.

9. Describe each document evidencing payments made on the account.

10. If you have ever been married, state the name of your spouse.

11. State all details regarding the length of your marriage (i.e. from what date until what date).

-- 

:confused: Again, I see no claims with this document that I am required by law to respond. Am I correct? If I do have to respond, how should I respond? All three of the plaintiff's documents have signed Proofs of Service.

The latest status of my case on the LA Court website is "Pending", with a non-jury trial set for November '21. At this point is there any way I can request that the case be thrown out? Thank you so much for any help provided - I found this forum very helpful in responding to the original complaint.

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@TDTDT

For your protection, they are not allowed to include your entire social security number.  Lawsuits and documentation are public record.  The inclusion of a complete social security numbers would subject parties to identity theft.

Synchrony has an arbitration provision.  Read this thread.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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Note, if you choose to use arbitration, you should not answer their discovery, as doing so could waive your arbitration rights.  But, you can't just ignore their discovery.  

If you choose arb, file the MTC Arb ASAP, and respond to the discovery requests with an OBJECTION for each, the objection being that arbitration has been elected, there is a jurisdictional motion before the court, and the scope of discovery is to be determined by the arbitration forum.

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On 2/11/2021 at 5:17 AM, BV80 said:

@TDTDT

For your protection, they are not allowed to include your entire social security number.  Lawsuits and documentation are public record.  The inclusion of a complete social security numbers would subject parties to identity theft.

Synchrony has an arbitration provision.  Read this thread.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

To be clear - I was referring to my CC account number, not to my social security number. Does the same principle apply to former credit card numbers?

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Ignore - figured this out elsewhere.

Synchrony is the lender suing me, but the original contract was with HSBC (via Guitar Center). Synchrony took over Guitar Center's credit accounts in 2015. Does that mean that a new contract was in effect signed with Synchrony, or would the valid contract still be the initial one signed when the account was opened? Thank you.

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13 minutes ago, TDTDT said:

To be clear - I was referring to my CC account number, not to my social security number. Does the same principle apply to former credit card numbers?

Check your state laws, but in mine it does.  Credit card numbers must be truncated.  The FACT Act also requires businesses to do the same thing on receipts.

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Thanks for the help thus far.

As I get further into this process, I'm looking for the path forward that is quickest and requires the least amount of back and forth responses and filings. I'm a full-time student, part-time teacher and also going through divorce, so my bandwidth is limited. If this means settling rather than fighting further, I can live with that.

Given all of this, and that I have no real evidence that this debt does not belong to me, does everyone here agree my best next step is filing Motion to Compel arbitration, and to respond to the plaintiff's requests and interrogatories with "an OBJECTION for each, the objection being that arbitration has been elected, there is a jurisdictional motion before the court, and the scope of discovery is to be determined by the arbitration forum." (to quote @nobk4me) ?

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