First and foremost, I’d like to deliver my sincere appreciation to everyone who is contributing to help defendants in debt cases. Let me tell you that without all the valuable information that I got from this forum, me and my wife would have been in way worse position than we are right now. This is our first experience in fighting JDB.
Background about the case:
1- Early last month (May), we were served SUMMONS from a JDB suing my wife over an old debt in 2009 claiming that they purchased the account from CHASE (the Plaintiff’s Assignor) that was charged off in December 2009.
2- For amount over $10K but less than $25K. Accordingly, it was filed as a Limited Civil Case.
3- Plaintiff complaint for money is based on 3 different causes of action: (a) OPEN BOOK ACCOUNT (b) COMMON COUNTS and (c) ACCOUNT STATED
4- Plaintiffs praying for Principal + 10% interest from Dec 09 + Attorney fees + Cost of suit
5- The Summons had no details what so ever except what was mentioned above. It lacks any details about the account, details or even identification of account number being sued for except their internal reference number.
Accordingly, and after our first panic period was over; I started doing some research and I stopped by this valuable forum. Went through tons of posts and got tons of valuable information about these types of cases.
Then started putting my stuff together, and filed the response to the complaint before the end of the month (within the first 30 days) basically denied everything except an admission for the county that we live in.
Our affirmative defenses are the following:
1- No facts to constitute cause of action.
2- Time barred
3- Plaintiff purchasing defaulted account causing injury to its own self
4- Violation of statute of frauds
5- Failure of consideration
6- Lack of legal standing
7- Violation of Parole evidence rule
8- No valid assignment
9- Failure to identify the type of assignment
10- Failure to identify the rights assigned
11- Unclean hands
12- Demands for interest are usurious and violate state law
13- Invoke the doctrine of Laches
14- Damages are limited to real or actual damages only
15- Unjust enrichment
With the answer, we filed demand for bill of particulars DBP and delivered the following to the plaintiff:
1- Answer to complaint
2- Notice of appearance
3- Demand for bill of particulars
4- Request for admission
5- Request for production of document
6- Request for interrogatories
Within 10 days, we received the following from the Plaintiff as response to DBP:
1- Copy of billing statements for the last 18 months prior to charge off date which include 9 statements issued by CHASE with very low activity (2 payments + 5 charges). The other 9 statements were issued by WaMu (Original Creditor)
2- Verification from JDB custodian of records executed in California with no address for the signer and it is not notarized.
3- Print out of computer screen shot of Plaintiff’s system that they use for maintaining records.
Accordingly and within few days, we filed with the court a second demand for particulars, as the plaintiff’s response was entirely deficient and not sufficient.
Last week, we were served 2 separate letters from their counsel:
1- First letter is objection to second demand for bill of particulars based on being duplicative as they served sufficient statements showing credits and charges. Referring to CCP 454 that “The court or Judge may order a further account when the one delivered is too general, or is defective in any particular”.
2- The second letter is request to withdraw the first set of admissions, production and interrogatories and serve a different set based on the they exceed the 35 of allowed combination based on CCP 94.
My questions now are:
1- Should I move the court to compel DBP or should I leave it for later?
2- Should I mention anything about the Verification form from their custodian of record?
3- Should I withdraw the first set and deliver an amended set?
Thank you for your responses in advance.