Author Topic: JDB: PERXXXXX sued my wife in California  (Read 1335 times)

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CADefendant

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JDB: PERXXXXX sued my wife in California
« on: June 17, 2012 10:37:26 PM »
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.

OLSKER

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Re: JDB: PERXXXXX sued my wife in California
« Reply #1 on: June 18, 2012 12:07:18 AM »
Welcome toDB CADefendant!  Get ready to read a lot!

Have you checked out the arb stickies yet? It's a good place to start!

I'll let the heavyweights shoot you their opinions on your questions.

Good luck!!

innocentme

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Re: JDB: PERXXXXX sued my wife in California
« Reply #2 on: June 18, 2012 12:38:31 AM »
With a JDB, I would have my next motion be a motion to compel arbitration as soon as possible.  If the attorney wants to be difficult in the current case, I would just put an end to it, and have it removed to arbitration. 

See how upset he gets when you file it with the court.   :vbrofl:

I do not know the particulars of your case, or what options are allowed in your specific circumstances, but a motion to get the case into arbitration will at least derail the attorneys momentum, and it will make their costs to continue the case go up dramatically. 

Arbitration in CA is even better, as your state laws give you a lot of extra protection.
I am not an attorney.  I just love to know my rights, and to defend them at all costs.  Even if that means going on the offensive.  I'm always nice, until I'm not.

ewg

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Re: JDB: PERXXXXX sued my wife in California
« Reply #3 on: June 18, 2012 01:17:04 AM »
Oh, I am looking forward to reading more about this one. Great entertainment and education!
 :woohoo: :vbrofl:

OLSKER

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Re: JDB: PERXXXXX sued my wife in California
« Reply #4 on: June 18, 2012 03:47:30 AM »
CADefendant, just to reiterate, I'm also going up against the same JDB.  They're fighting vehemently against arbitration.  As far as I can tell that means I'm doing the right thing. 

They haven't responded to over 10 emails and 4 us mail served documents from JAMS. 

To boot they haven't showed up for one court appearance (I've had two now) or called in for a telephonic appearance.

I'll let you know how my Motion for Reconsideration of my MTC goes and maybe that will help inform your decision.  Obviously, if they are forced to arbitrate and they drop suit then you may know what course of action is best. 

For now, I would say settle in, buckle down and don't try to jump the gun.  These cases can take a very long time to get resolved.

CADefendant

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Re: JDB: PERXXXXX sued my wife in California
« Reply #5 on: June 18, 2012 09:11:09 PM »
Thank you all for your responses and continues support.

Should I withdraw and resubmit discovery or should i amend the discovery to comply with the 35 in limited cases?

Should i submit the 35 one shot or do it 1 at a time as documents unfold?

Thanks

Admin0619

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Re: JDB: PERXXXXX sued my wife in California
« Reply #6 on: June 19, 2012 12:46:22 AM »
The pronoun "I" is capitalized. Always.

Please adhere to our format requirements.

CADefendant

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Re: JDB: PERXXXXX sued my wife in California
« Reply #7 on: June 19, 2012 11:10:47 PM »
Can any of the legal eagles answer these questions?

Should I withdraw and resubmit discovery or should i amend the discovery to comply with the 35 in limited cases?

Should i submit the 35 one shot or do it 1 at a time as documents unfold?

CAUSA1

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Re: JDB: PERXXXXX sued my wife in California
« Reply #8 on: June 20, 2012 12:34:26 AM »
+1 with innocentme.

You don't swim in shark water, do you? Unless you have an attny to represent you.

Read your contract agreement which has arbitration provision and go to your public law library.
Search CA CCP Section 1281 et seq, study them and use them appropriately for MTC.

I used MTC them to arb in the past taking away their momentum of rolling you over.


Admin0248

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Re: JDB: PERXXXXX sued my wife in California
« Reply #9 on: June 20, 2012 01:31:43 AM »
The pronoun "I" is capitalized. Always.

Please adhere to our format requirements.

Second warning. 

Shadowbuddha

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Re: JDB: PERXXXXX sued my wife in California
« Reply #10 on: June 23, 2012 03:32:45 PM »
I see of no benefit to "withdrawing" your initial set of discovery.  It is their own fault for not catching it; normally if you exceed the limit the other side starts refusing to answer after the 35th item based on CCP 94.

As for trying to compel it is up to you.  If you push them hard enough they might just go get the necessary files (if they still exist).  Of course, the BoP doesn't do anything to stop an account stated, which is generally the biggest danger.  Attorney's like to compel as they can get costs for the motion (court costs and attorney's fees).

As for arbitration, it definitely is a viable option.  Be aware that since you initiated discovery, the opposing side is going to have a stronger argument that you waived that right. 

"I was THIS CLOSE to being complete!" - Fight Club

I am not your attorney.  Nothing I say should be construed as legal advice nor does it create an attorney client relationship.