Answered Interrogatories
Date: Thu, 04/15/2010 - 08:22
Probably not! If you used the card and signed for what you purch
Probably not! If you used the card and signed for what you purchased you have contractually agreed to pay!
That is true! BUT since they can't get a copy of a signed contr
That is true! BUT since they can't get a copy of a signed contract they can't charge interest and/or fees. I wonder if you can send an amended interrogatories and ask for signed receipts...my bet would be they can't get a contract they may not be able to get those as well. I'm not sure if you can ask for more stuff....
I did ask for signed copies of receipts in the interrogatories a
I did ask for signed copies of receipts in the interrogatories and they stated it was too burdensome. Also, the validating clerk when I stated in my response to Plaintiff's interrogatories that I would call her as a witness (validation was not notarized) I now have a new validation with a different clerk attached to the response to my interrogatories-- I think they original validation was madeup by the law firm.
Hmm...file a motion to compel stating that since they can't come
Hmm...file a motion to compel stating that since they can't come up with a signed contract you need to see SOMETHING with your signature.
What do you mean by clerk? I'm a little lost on that. How different is the validation? I would use that in court, show the 'before and after'. Obviously these guys are trying to pull something! :)
Quote:Originally Posted by goldenbastHmm...file a motion to comp
Quote:
Originally Posted by goldenbast Hmm...file a motion to compel stating that since they can't come up with a signed contract you need to see SOMETHING with your signature. What do you mean by clerk? I'm a little lost on that. How different is the validation? I would use that in court, show the 'before and after'. Obviously these guys are trying to pull something! :) |
When the lawsuit was filed attached was a validation signed by one person. In my response to Plaintiff's Interrogatories I answered that the clerk signing the validation wouldbe called as a witness. Now in response to that answer and myinterrogatories to have the Plaintiff identify the the resume, title of employee signing the first validation and her supervisors that's when the send the new validation with a new employee (a paralegal) as validating. My quess is they used one of their employees trying tomake me think it had been properly validated.
Um none of it is validation if it is done by one of their own pe
Um none of it is validation if it is done by one of their own personnel. Right in the law it states that validation MUST come from the original creditor. But hey! They just gave you one more person to call as witness:) CALL THEM BOTH! Ask them how they can have personal knowledge of an account with another company?
Yes, I will call both because I think the first validation was d
Yes, I will call both because I think the first validation was done by an employee ofthe law firm trying to intimidate me. Once they knew a fight was coming they then got a clerk/paralegal at the OC. They also refused to answer 15 out of 19 interrogatories and refused to provide any documents.Now I'm trying to find a Motion to Compel and get a Judge to make them answer. Hey, I'm retired and have plenty of time to fight back. Any good direction on finging the format for a Motion to Compel. Thanks
Out of curiosity..what were their reasons for refusing to answer
Out of curiosity..what were their reasons for refusing to answer the questions (and what questions were they) and what were the reasons for refusal of production of documents?
motion to compel
The party asking for the document or asking the questions can file a motion with the court, with reasonable notice to all of the parties. The motion should:
[LIST=1]
AND here is a sample motion to compel http://www.sniderlaw.com/
AND here is a sample motion to compel
http://www.sniderlaw.com/articles/motion-to-compel.pdf
I hope I am not abusing our TOS...I just wanted to post a link so you can see it all formatted nice and pretty. I'm gonna go ask and make sure my posting this link is kosher...if not, I will message you the link.
Its Citibank and I asked for such things as their Policy and Pro
Its Citibank and I asked for such things as their Policy and Procedures manuals for granting credit and who decides when to file suit .Name and titles of all employees that had anything to do with the account. All records of any entries and all documents that would show the card being used. I wanted to see the engagement letter between Citi and the law firm. Policies on how and when Citi decides on a law firm to suit. I also said I intended to Call Pandit Citi CEO and the CFO of Citibank to trial and have them explain Citi's policies. My favorite interrogatory was for Citi and the law firm to provide the caption for all lawsuits brought against either for violating the FDCPA. They are trying to use attorney client privelege on almost all 19 interrogatories. As an aside, they had 49 interrogatories and 9 production request, I basically said can't confirm or deny without a written contract which they now say they can't find.Thanks for the sniderlaw site-- I intend to file a Motion to Compel and ask for sanctions against the law firm for violating the 25 interrogatory guidelines.
Unfortunately some of those would be protected under attorney/cl
Unfortunately some of those would be protected under attorney/client privilege. They also would likely object to the Policy and Procedure as burdensome. However, the demand for documentation is important because it is needed to prove their allegations. Also they would likely object to the way they sue as irrelevant and burdensome.
What objections did you use?
Oh wait I see you used the 'can't confirm or deny'.
Oh wait I see you used the 'can't confirm or deny'.
My strategy is to make them present all accounting (receipts) fo
My strategy is to make them present all accounting (receipts) for the card since they can't present a signed contract they may not be able to present the receipts-- not even sure if I ever signed a receipt. I am going to do the Motion to Compel and Sanctions and try a Motion to Dismiss with Prejudice because they don't have a signed contract. Also, let's see if they want to show up at court-- 5 hour roundtrip.
This thread is fascinating and Goldenblast is doing an excellent
This thread is fascinating and Goldenblast is doing an excellent job in making it so! Please keep us posted! I can't beleive that a law firm would spend time and money on a case where all the evidence is basically hearsay! It would not surprise me if they sub this out to a local lawyer to avoid making the trip! If that happens you will catch him totally unprepared!
They may show because Citibank may have them on retainer. Also,
They may show because Citibank may have them on retainer. Also, of interest the case was filed by one lawyer at the CA, then another lawyer sent the over burdensome Interrogatories, and now the named partner has responded to my interrogatories-- I must have gotten his attention. At some point Citibank has to wonder if a couple of $1000 of dollars is worth it especially if they pulled my credit which shows everyone not being paid because of financial hardship. And to cheer everyone up on this site, my NACA lawyer has won 9 settlements for FCRPA violations, but he hasn't taken this one I'm doing everything myself and really appreciate to input from goldenbast
Yes, well please keep us informed! They should know better then
Yes, well please keep us informed! They should know better then to be this shoddily prepared! If it is Citibank suing you I am flabbergasted...they SHOULD have all that info.....it was sounding to me like some JDB had this account...amazing that they seem this unready.
All the other were simple violations of FDCPA. This one if it g
All the other were simple violations of FDCPA. This one if it goes to trial would require the same 5 hour roundtrip for my lawyer.I don'thave the $ to cover all that driving time .