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mmass's Achievements


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  1. Yes, it was certified (thanks to everyone on this site!). I have a final request for answers and production prepared and if I don't see anything by discovery end, that's my next step. Thanks for your help.
  2. That's correct (so far - they have another month to discovery end).
  3. I did not receive a response specifically for production of documents - only a response for admissions. The Bill of Sale and statements that I received were mailed with a cover letter from attorney that essentially said these were documents that I requested. But my request included these as well as original contract/agreement, correspondence, etc. There was another copy of CC statements enclosed with the response for admissions but no reference to them. In the case where my req. for admissions was: Plaintiff has not provided Defendant with Bills of Sale... (related to Cavalry purchase of account) Response was: "Plaintiff admits this allegation but defendant has not requested same through discovery." Perhaps the issue is that the law firm is providing the documents they have but Cavalry is responsing to admissions and aren't aware of what the other is doing???
  4. I had separate Answer, Req for Documents, Req for Admissions and Req for interrogatories. I have received some documents (statements 2 mo. prior to charge-off and Bill of Sale with no supporting affadavitt). They have also answered admissions but not interrogatories yet. There's about 30 more days til end of discovery. They also supplied one statement prior to my RFD (probably in response to my answer to complaint -- there was nothing attached to the complaint).
  5. ...but in that last request '...intent of directly collecting..." to which they admit, aren't they admitting they are attempting ot collect directly? As for the documents, I did ask for them. I'm not sure why they say in RFA that they were not requested... Thanks BV for the case reference!
  6. Thank you Shellie. There were a few others: Plaintiff does not possess an original or copy of an application... Plaintiff does not possess an original or copy of any Agreement or Terms and Conditions... Plaintiff has not provided Defendant with Bills of Sale... (related to Cavalry purchase of account) Plaintiff has not provided Defendant with copies of any account statement... All were answered as admitted but claimed I had not requested them through discovery. I'm not sure if any of these are important because they have the right to supplement until the end of discovery. I was more concerned whether I need to do anything like make a second request before discovery ends. There were two request/responses that I might be able to take advantage of: 1. Plaintiff is not licensed in the Commonwealth of Massachusetts Division of Banks as a "debt collector" as defined by 209 CMR 18.02 Response: CSPV admits the allegations, as a passive debt buyer it is not required to be licensed. 2. Plaintiff has filed a civil complaint with the intent of directly collecting a debt allegedly owed by the Defendant. Response: CSPV admits the allegations. In Mass, the CMR defines a debt collector as someone who attempts to directly or indirectly collect a debt. Passive debt buyers typically claim not to be "collectors" in most cases I have read. I am hoping these two admissions together might be helpful. I did not request proof of being a "passive" debt buyer in discovery - I'm not sure I should call any attention to this by requesting it now. Since the above #1 paragraph was at the very beginning of the RFA and #2 at the very end, the respondent may just have been tired...
  7. I am sued by Cavalry and have requested admissions. Their response is to admit but claim I have not requested the related document through discovery. Example: My request: Plaintiff has not provided Defendant with a copy of an application for a credit card account... Response: CSPV admits the allegations, defendant has not requested it through discovery. In my request for documents, I have requested "Any credit application, contract, or other agreement..." Do I make a second request for the application and be any more specific? Is this a matter that has to wait until trial? Is it possible that the admissions respondent is unaware of the request for documents? I could use a little help figuring this out. Thanks!!!
  8. The quoted phrase is what I got in complaint. I'll guess that they didn't use breach of contract because they don't have the contract??? and I haven't seen "account stated" used in Mass. Other samples of complaints I've seen have a string of counts but nothing more than "Defendant owes..." in mine.
  9. Ok - no plaintiff motions made at pretrial conf. But I could use an opinion re: plaintiff's interrogatory and discovery. In original complaint, plaintiff's allegations were 1) plaintiff's name, 2) my name, and 3) "The defendant owes plaintiff the sum of $x for the unpaid balance due for money loaned to the defendant by the plaintiff's assignor on a credit card account. Then the WHEREFORE, the plaintiff demands judgment against the defendant in the sum of $x plus costs of the action. My affirmative defense was failure to state a claim... Plaintiff's discovery asks for any documents that support my defense that plaintiff has failed to state a claim. Do I send them a copy of the complaint? (there were no attachments, no acct #, just the allegation). Is this just smoke or boilerplate? Similar in the interog: State in detail every fact that supports your claim that plaintiff failed to state a claim. I think failure to provide acct #, statement, etc. speaks for itself but is there any other way I should answer this? as always... THANKS to the forum!!!
  10. I have the pre-trial conference this week. I expect a motion for summary judgment from Plaintiff but so far no evidence -even as much as an account # - has surfaced. So, I would expect that there is sufficient grounds to proceed to trial. I have prepared a defendant's summary motion on the licensing issue as a matter of law. I plan to serve that at the conference unless anyone can tell me that's a bad idea. My understanding is that if the summary motion on licensing is denied, denial is on that motion alone - without affecting other issues that have yet to be proven by plaintiff.
  11. Thank you, ArtVandelay. We'll see what state they want to play in. They may choose one other than Mass to allow a higher interest rate (Nevada has no limit). In the meantime, I'm still searching for case law re: licensing. Mass Trial Court makes its law libraries open to the public. I just received a card today for database access. At the very least, I can view some of Midland's cases filed in the state.
  12. @ ArtVandelay A 2013 update to Mass 940 CMR 7.03 now defines: Creditor means any person and his agents, servants, employees, or attorneys engaged in collecting a debt owed or alleged to be owed to him by a debtor and shall also include a buyer of delinquent debt who hires a third party or an attorney to collect such debt provided, however, that a person shall not be deemed to be engaged in collecting a debt, for the purpose of 940 CMR 7.00, if his activities are solely for the purpose of serving legal process on another person in connection with the judicial enforcement of a debt. I'm having trouble finding Mass case law involving "passive" collectors but I have a couple of US District Court cases where licensing was required even though Midland claimed to be passive. I'm not sure about how the last sentence of the above definition can be interpreted, though.
  13. It looks like VA SOL is 5 years (3 years verbal). Let's see if they say I opened an account by phone.
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