Ask Me Help Desk - Mr YET .small claims,discovery,admissions,denial,interrogatories

Mr YET .small claims,discovery,admissions,denial,interrogatories

I have been going back and fourth with a CA since December.I have followed all advice I could get from this site.

I finally received the response when I asked them for production of documents.
It is all a bunch of BS.in general it says...

1)general objection when I ask them to prove the debt is mine.
2)reservations with a bunch of BS that the normal person cannot understand.
3)specifis objections saying that under GA law that a signed contract is not required.

So basically... they sent me nothing that proves the debt is mine.

I have asked for Validation... all I got was a print out.
I sent a SWORN DENIAL.filed for DISCOVERY.
I answered all the stuff they sent me by basically saying I don't recall this debt so I can't admit or deny.I have asked them for admission of facts.

What now??

Wait for 30 days to pass,then send a Notice of Default. Contact me then.

What do I say with the Notice of Default?do you have a sample?

Here are the dates that items were sent and revieved.

12/29 answered the summons

1/14 validation request

1/21 sworn denial & discovery

3/20 second request for discovery
Letter to the court asking for 30 day extension after I receive the discovery

4/3 letter from court-judge denies my request and orders me to answer the admission of facts and interrogatories

4/8 answered admission of facts (not admit or deny)
Answered plaintiffs first interrogorties (not admit or deny)

Sent notice of intend to defend

Requested admission of facts
Gave 30 days to answer

1)you do not have the original signed contract
2)you do not have solid proof that the alleged debt belongs to me.
3)you do not have a live witness from capitol one stating that I owe this debt.
4) you do not have a case.

Received from plaintiff lawyer

12/24 received summons

3/4 received request for production of documents

First interrogatories to defendandant

First request for admissions of facts to defendant

4/8 received my request for production of documents
(they sent me nothing that proves the debt is mine.)

This is generally what they sent to me...

1)general objection when I ask them to prove the debt is mine.
2)reservations with a bunch of BS that the normal person cannot understand.
3)specifis objections saying that under GA law that a signed contract is not required.

What could me next 2-3 steps be?

You have to wait 30 days - as Mryet advised you.

JudyKayTee... I understand that I need to wait 30 days.just asking what my next steps should be and how to word the notice of default.I listed everything that has happened so that he or anyone who wants to respond,would have a bigger picture and respond according to what I have already done.

Sorry but you asked specifically for Mr.Yet to answer you and he specifically said to wait 30 days.

This is Mr.Yet's specialty and he makes that request for a reason.

Would this be 30 day from receiving their response for my request for production of documents.I sent the second request and filed it with the court.when I returned home,I received their response in the mail.all this happened on 4/8.it took them 2 months to respond only to send me nothing that verifies this is my debt.

The last page states...

Specific OBJECTIONS AND RESPONSES

Plaintiff objects to this request to the extent that the card issuer does not require a signed application or consent to the card holder agreement,and no such signed document is required by Georgia Law.See Davis v. Discover Bank,277 Ga. App. 864.Subject to said objection,Plaintiff is not in possession of any such document.

This is for mr yet or anyone with advise.I am only stating the last page of the response for the request for discovery which clearly they admit they do not have this document..

Judykaytee,
Do I need to pass what I put on here by you to see if you approve?

File with the court a Motion to Dismiss for lack of positive proof of their alleged claim.
Plaintiff is not in possession of the orignial contract, whereas no contract exists I hereby move to dismiss with prejudice.

File with court and mail copy to plaintiff.

If no contract exisits they have no claim.

Can someone tell me about this so-called law in Georgia?
Davis v. Discover Bank, 277 Ga. App. 864

It's not a Law. That is a case citation. Here it is from the Oregon case which quoted it:

"Although Oregon courts have not previously addressed the issue of when credit card agreements become binding, our conclusion is consistent with a decision of the Georgia Court of Appeals. In Davis v. Discover Bank, 277 Ga App 864, 627 SE2d 819 (2006), Discover Bank (Discover) brought an action against the defendant to collect on a credit card debt. The trial court granted Discover's motion for summary judgment and the defendant appealed that ruling, arguing that Discover had failed to present evidence that he signed a credit application. The court held:

"Discover need not produce a copy of Davis's application to establish the existence of a valid credit card debt.

"[A] contract was effectuated in this case when [Discover] issued its credit card to the defendant to be accepted by [him] in accordance with the terms and conditions therein set forth, or at [his] option to be rejected by [him]. Such rejection need take the form of returning the card, or simply its non-use. The issuance of the card to the defendant amounted to a mere offer on plaintiff's part, and the contract became entire when [the] defendant retained the card and thereafter made use of it. The card itself then constituted a formal and binding contract."

Thank You Judy...
Just wondering why the lawyer stated his objections saying that under GA law that a signed contract is not required.using this Davis v. Discover Bank, 277 Ga App 864.
Is this common for attornys ?

He's using Georgia as a point of reference, referring to being in agreement with the Georgia decision. Yes, it happens all the time. The Attorney referred to other case law.

Thanks... should I go ahead now and file the Motion to Dismiss?

Quote:

Originally Posted by 2004_4x4

the last page states...

SPECFIC OBJECTIONS AND RESPONSES

Plaintiff objects to this request to the extent that the card issuer does not require a signed application or consent to the card holder agreement,and no such signed document is required by Georgia Law.See Davis v. Discover Bank,277 Ga. App. 864.Subject to said objection,Plaintiff is not in possession of any such document.

Here again is exactly how he has it worded... he is stating that it IS ga law.

Judy... thanks again for your valuable input.

Quote:

Originally Posted by 2004_4x4

Here again is exactly how he has it worded....he is stating that it IS ga law.

Right, the Oregon decision is quoting the Georgia law - you cited the case, not the law.

So when the Attorney states that the Plaintiff is not in possession of any such document and that no such document exist,I now have a good leg to stand on by filing the motion to dismiss and winning?

So... is it GA law that a signed contract is not required?

Quote:

Originally Posted by JudyKayTee

Right, the Oregon decision is quoting the Georgia law - you cited the case, not the law.

So... is it GA law that a signed contract is not required?

What is the GA law?do they have to produce a document with my signature?

I sent the plaintiff a request for admissions to admit or deny that they had a signed contract.they replied today that they in fact do not have the contract.

So

1)on the request for the production of documents.. they responded after 65 days from my first request.

2)they admit they have no contract.

What do I do now?

File MOtion to Dismiss, whereas the Plaintiff has no valid claim, as per discovery request.

I hereby move to Dismiss with Prejudice.

Is there a limit limit for plaintiff to respond to request for documents?

Please do not send me PM's. I will either answer you here or I will not answer you at all.

You have absolutely no idea what you are doing, you are going to annoy the Court and you are going to lose.

Judykaytee... I have done nothing other than what I have seen here on this sight.I get the info here,ask questions before I do anything because I don't want to upset the court.sorry I have upset you.

Quote:

Originally Posted by 2004_4x4

judykaytee...i have done nothing other than what i have seen here on this sight.i get the info here,ask questions before i do anything because i dont want to upset the court.sorry i have upset you.

You haven't upset me - I do not answer questions off the board.

As far as upsetting the Court - if you do not know what you are doing and take up the Court's time, the Court WILL be upset.

Again - you need an Attorney. Each of your questions has been answered and has led to another question or two. You must research and get some basic understanding of how things work before you venture into Court.

Quote:

Originally Posted by mr.yet

Wait for 30 days to pass,then send a Notice of Default. contact me then.

Mr Yet,30 days have past.you said to file a notice of defalt.how do I do that?

It is a Notice of Default which was in your first request.

It simply states that the Plaintff has admitted to every averts you stated in your original request as true and complete.

How would I word this in the letter to the court?

OK... we are headed to pre-trial.court is asking that I submit the Consolidated Pre Trial Order to the court for approval.How do I do this?The CA has not given anything that proves this is my debt.All I get is objection.
Should I just save the trouble and try again to contact the CA to settle out of court?

I started a new thread earlier under pre-trial order and should have kept it here. In that post, I was asked if a motion to dismiss has been filed,I have filed a motion to dismiss because they have not given proof that the debt is mine and the judge denied it.also filed a motion to dismiss because the plaintiff took 77day to get the production of documents to me,that was also denied.the court just sent a letter stating that the discovery period is over and is asking for the parties to prepare a consolidated pre-trial order in the form specified in rule 7.2 of the superior court rules and to submit it to the court for approval.

How do I help prepare this?
Do I contact the plaintiff or do I wait for the plaintiff to contact me?

HELP!!

You are asking for very personalized legal advice - I see a danger here if anyone who is not YOUR Attorney answers as I continue to believe you simply do not understand the system or what is required and you either can't or don't do the appopriate research.

This has been going on (on the Board) since April, 4 months.

It's time to get an Attorney.

A few questions here...
How do I prepare this?is there a sample form I can use?
Do I wait for the plaintiff to contact me to do the consolidated pretrial order or do I contant them.

Quote:

Originally Posted by 2004_4x4

A few questions here...
How do I prepare this?is there a sample form I can use?
Do I wait for the plaintiff to contact me to do the consolidated pretrial order or do I contant them?

Judy...I prefer you don't ever reply to anything I ever post.

Everyone here would prefer that you hire an attorney. This entire ordeal has been going on for 4 months. We can point you in the right direction but we cannot give you proper legal advice over the Internet. You need an attorney and you need one now.

I don't have money for an attorney.

Quote:

Originally Posted by 2004_4x4

I don't have money for an attorney.

You've made a very complicated case for yourself. You need an attorney; that's the bottom line.

Should I contact them and settle?

I certainly would try to, although they probably won't at this point. Your motion to dismiss has been denied, which lets them know they have a case.

All you can do is try.