my3dogs

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  1. I went to the Stay Discovery Hearing on Feb 28th. I met with the Attorney before we went in front of the Judge. I stated to him that I have been provided no proof that the plaintiff’s allegations are valid and since the plaintiff has not been capable of complying with the debt validation I had nothing further to discuss with him. The Attorney responded and said well what is it you are looking for! I state I was looking for the documents I requested in discovery specifically a copy of the payment they state I made as well as a copy of the contract with my signature. The Attorney responded by saying we provided a years’ worth the account statements! I again requested the proof of payment made and copy of signed contract... He then responded and held up a piece of paper that had nothing but my name an amount of $157.00 and a date.. I could have generated this from home. When I asked to see the paper the attorney refused to let me hold it! He then proceeded to show me a piece of paper that had my name on the front of it and said this is the contract, when I asked to see the page that had my signature he responded by saying you are the only one that has a copy of a contract with your signature and refused to allow me to hold and view!!! When I said due to discovery laws I have the right to see the documents he is using in the case he then said no you don't that is why we are here today and if you don't make a payment plan with me you leave me no choice but to go in front of the judge.. I requested we go in front of the judge and once we got there the judge got up walked out and the clerk scheduled a date of March 22 for us to return for the judge had an appointment to tend to and had to leave early.. I need some help here! I know this is FIA (BofA) However, does this attorney have the legal write to withhold the documents I requested in Discover that he refused to hand over a copy of and use it as evidence against me when I haven't been given the chance to even see what they are? Also, when I asked him why he specified in the motion to stay discovery that I refused to give them my contact information he stated because I refused to give it to him when I pointed out to him that was inaccurate as well as a false statement to the court for on 3 different occasions his office signed the certified mail receipt and the documentation received had all my contact info on it including my cell# he said he didn’t see it! Can I ask the Judge for a conditional default based on the Plaintiff attempting to Thwart discovery when they have clearly refused to provide me with copies of what they are claiming as evidence? Can I ask the Judge to preclude all additional evidence the plaintiff offers since they refused to participate in discovery? Can anyone help me out here? Do I have any legal rights when I go back in front of this Judge? Any help appreciated.. NH resident NH case
  2. I went to the Stay Discovery Hearing on Feb 28th. I met with the Attorney before we went in front of the Judge. I stated to him that I have been provided no proof that the plaintiff’s allegations are valid and since the plaintiff has not been capable of complying with the debt validation I had nothing further to discuss with him. The Attorney responded and said well what is it you are looking for! I state I was looking for the documents I requested in discovery specifically a copy of the payment they state I made as well as a copy of the contract with my signature. The Attorney responded by saying we provided a years’ worth the account statements! I again requested the proof of payment made and copy of signed contract... He then responded and held up a piece of paper that had nothing but my name an amount of $157.00 and a date.. I could have generated this from home. When I asked to see the paper the attorney refused to let me hold it! He then proceeded to show me a piece of paper that had my name on the front of it and said this is the contract, when I asked to see the page that had my signature he responded by saying you are the only one that has a copy of a contract with your signature and refused to allow me to hold and view!!! When I said due to discovery laws I have the right to see the documents he is using in the case he then said no you don't that is why we are here today and if you don't make a payment plan with me you leave me no choice but to go in front of the judge.. I requested we go in front of the judge and once we got there the judge got up walked out and the clerk scheduled a date of March 22 for us to return for the judge had an appointment to tend to and had to leave early.. I need some help here! I know this is FIA (BofA) However, does this attorney have the legal write to withhold the documents I requested in Discover that he refused to hand over a copy of and use it as evidence against me when I haven't been given the chance to even see what they are? Also, when I asked him why he specified in the motion to stay discovery that I refused to give them my contact information he stated because I refused to give it to him when I pointed out to him that was inaccurate as well as a false statement to the court for on 3 different occasions his office signed the certified mail receipt and the documentation received had all my contact info on it including my cell# he said he didn’t see it! Can I ask the Judge for a conditional default based on the Plaintiff attempting to Thwart discovery when they have clearly refused to provide me with copies of what they are claiming as evidence? Can I ask the Judge to preclude all additional evidence the plaintiff offers since they refused to participate in discovery? Can anyone help me out here? Do I have any legal rights when I go back in front of this Judge? Any help appreciated.. NH resident NH case
  3. I went to the Stay Discovery Hearing on Feb 28th. I met with the Attorney before we went in front of the Judge. I stated to him that I have been provided no proof that the plaintiff’s allegations are valid and since the plaintiff has not been capable of complying with the debt validation I had nothing further to discuss with him. The Attorney responded and said well what is it you are looking for! I state I was looking for the documents I requested in discovery specifically a copy of the payment they state I made as well as a copy of the contract with my signature. The Attorney responded by saying we provided a years’ worth the account statements! I again requested the proof of payment made and copy of signed contract... He then responded and held up a piece of paper that had nothing but my name an amount of $157.00 and a date.. I could have generated this from home. When I asked to see the paper the attorney refused to let me hold it! He then proceeded to show me a piece of paper that had my name on the front of it and said this is the contract, when I asked to see the page that had my signature he responded by saying you are the only one that has a copy of a contract with your signature and refused to allow me to hold and view!!! When I said due to discovery laws I have the right to see the documents he is using in the case he then said no you don't that is why we are here today and if you don't make a payment plan with me you leave me no choice but to go in front of the judge.. I requested we go in front of the judge and once we got there the judge got up walked out and the clerk scheduled a date of March 22 for us to return for the judge had an appointment to tend to and had to leave early.. I need some help here! I know this is FIA (BofA) However, does this attorney have the legal write to withhold the documents I requested in Discover that he refused to hand over a copy of and use it as evidence against me when I haven't been given the chance to even see what they are? Also, when I asked him why he specified in the motion to stay discovery that I refused to give them my contact information he stated because I refused to give it to him when I pointed out to him that was inaccurate as well as a false statement to the court for on 3 different occasions his office signed the certified mail receipt and the documentation received had all my contact info on it including my cell# he said he didn’t see it! Can I ask the Judge for a conditional default based on the Plaintiff attempting to Thwart discovery when they have clearly refused to provide me with copies of what they are claiming as evidence? Can I ask the Judge to preclude all additional evidence the plaintiff offers since they refused to participate in discovery? Can anyone help me out here? Do I have any legal rights when I go back in front of this Judge? Any help appreciated.. NH resident NH case
  4. I am thinking maybe I should go ahead and file an Objection to the Motion to Stay and Schedule Discovery Conference and then Motion to Compel Discovery!!! Since the Judge already approved my objection of summary judgement based on there are genuine issues of fact maybe he will also approve My Objection and Motion!!! Does anyone think it may be worh the shot!!
  5. When the Writ of Summons was filed by the Plaintiff it included: One billing statement from12/09/2010 2.)Affidavit from individual stating he is a Custodian of Records and an authorized officer of Plaintiff FIA Card Services (Within this affidavit the affiant claimed the last payment to the account was for $157 on 02/02/2012. They also reported this to one credit bureau Experian) Military Service Affidavit I (Defendant) answered the Writ of Summons with an appearance 10/31/2012 I (Defendant) filed Discovery 11/1/2012 I then received a Motion for Summary Judgment on 11/5/2012 The summary Judgment included 1 year worth the Billing statements none showing payments only interest charges, late fees. The last statement was not 12/09/2010 but for 01/09/2011 Showing a charge off adjustment and the balance being $0. They also stated within the motion for summary judgment that in order to defeat summary judgment, the non-moving party "must put forth contradictory evidence under oath, sufficient ..to indicate that a genuine issue of material fact exists so that the party should have the opportunity to prove the fact at trial... In return I filed an objection to Motion of Summary Judgment that was accompanied by an Affidavit within the Affidavit I stated: Genuine issues of material fact due indeed exist 2)Per the affidavit the books and records of FIA Card Services show last payment to the alleged debt was for $157 on 2/2/12. However, Defendant never made payment to the Plaintiff on 02/02/12 in the amount of $157 to account# XXXXX. Plaintiff has failed to provide proof of this payment as requested by defendant in discovery. 3) Affiant and Affidavit claims "the contents of affidavit are believed to be true and correct based upon his personal knowledge of the processes by which FIA Card Services maintains its the business books and records." The affiant doesn't state he has personal knowledge of the specific alleged debt in questions. 4) Plaintiff has submitted into evidence an affidavit where the affiant doesn't specify how he is a qualified witness. Nowhere does he state what his job qualifications or responsibilities are or when he was hires as a Custodian of Records and an authorized Officer of FIA Card Services. In the Objection to Motion for Summary Judgment I stated: Defendant received the Plaintiff's WRIT OF SUMMONS on October 23, 2012. Defendant answered WRIT OF SUMMONS WITH APPEARANCE on October 31, 2012 and mailed a certified true copy of Defendant’s Answer to Plaintiff. Defendant is in receipt of United States Postal Service Return Receipt dated November 2, 2012. Defendant has genuine issue of material facts, Defendant sent Plaintiff VIA certified MAIL request of Discovery Production of Documents, Interrogatories and Admissions on November 1, 2012. Plaintiff per certified delivery receipt received on November 2, 2012. No response as of this date. NH Superior Court Rule 35A, District Division Rule 1.10 AND/OR SUPERIOR RULE 36 Defendant received VIA Fed Ex no signature required Motion for Summary Judgment on November 7, 2012 from Plaintiff. 6. On November 15, 2012 Defendant received VIA U.S. REGULAR MAIL NON-CERTIFIED from Plaintiff request for INTERROGATORIES Defendant answered and returned November 28.2012 7. There are factual issues to be proven such as Plaintiff’s Affidavit in Support of Judgment signed by John Doe of FIA Card Services N.A. Defendant has never heard of FIA Card Services N.A. or its employee John Doe. Defendant is not in receipt of any information which would show that John Doe is the actual person in charge of the alleged account and was the party with first-hand, direct, and personal knowledge of the alleged debt, its origination, and/or any entries in the account ledger or any legitimate claim against defendant. 8. Entire payment and charge history of alleged debt has not been disclosed. The alleged balance owed by the Defendant has not been detailed so as to know how it was derived. 9. Plaintiffs affidavit states “The last payment to this account was for $157.00 on 02/02/2012.” Defendant has requested Plaintiff to provide proof of the alleged payment. 10. Plaintiffs INTERROGATORIES Question #9 requested Defendant provide proof of all alleged payments. 11. The Plaintiffs affidavit (Exhibit G) refers to the customer agreement, books and records and yet has failed to provide any contract, agreement or application bearing the signature of the Defendant or any itemized statements that detail the entire alleged balance owing or billing of said alleged debt which would constitute intimate knowledge of the creation of the alleged debt. Even if such documents were available, a purchasing/assignee’s plaintiff would be unable to swear to the authenticity of the originating or source documents of a credit transaction because they do not have personal knowledge of the events which transpired at that period of time in the life of the credit agreement. The original cardholder agreement, any correspondence, and monthly statements issued by the original credit grantor are not admissible as the purchasing plaintiff's business records, as the purchasing plaintiff has no personal knowledge of how those records were created or maintained. Affiant also states in affidavit (Exhibit G) the contents of the affidavit (Exhibit G) are believed to be true and correct based upon the Affiants personal knowledge of the processes by which FIA Card Services, N.A., maintains its business books and records NOT the personal knowledge of the alleged debt itself. 12. Affiant has admitted to being familiar with the manner and method by which FIA Card Services, N.A. maintains its normal business books and records, including computer records of defaulted accounts. This is irrelevant based on the fact no exchange of money or goods occurred between the plaintiff and the defendant. 13. Defendant also asserts that Plaintiffs Motion for Summary Judgment is premature and unfairly prejudices Defendant’s right to a fair trial due to: Plaintiff has not made a good faith attempt to obtain concurrence. NH District Division General Rules 1.8 © Motions, Superior court Rule 57-A Genuine issues of material fact due indeed exist C. Defendant has not been granted time sufficient to receive answers to Discovery Production of Documents,written Interrogatories and Request for Admissions pertaining to this matter. AS of yesterday 12/8/2012 I received in the mail that the Honorable Judge Made the following order on December 3, 2012. Upon review of objection, there appears to be genuine issues of fact that will be at issue at trial so Motion for Summary Judgment is denied…. Also, A Notice of Hearing accompanied the Judges Order for Mediation on March 13, 2012… With all that has been done on my end at ths point and from what everyone is saying on this forum do I just stop the process and not object to the Motion to Stay and Schedule Dicovery Conference???? Or should I play the cards as I hae been and see what happens? I was not aware from the get go FIA had the rt to come after me because everything was in BofA name not FIA. I have better understanding now of where they actually stand. However SOL is up as of April for April 2012 was the last payment ever made to them. Not trying to be argumentative just asing for some realistic opinions/advise... Thank you
  6. Thank you ITSBACON for the stickie!!! Sorry all for being backwards on this. Waited almost a month to be capable of posting and got a bit ahead... 1. plaintiff in the suit is FIA CARD SERVICES 2. law firm handling the suit is LAW OFFICES HOWARD LEE SCHIFF P.C. 3. being sued for -- $8,416.28 4. Who is the original creditor? Bank of America 5. How do you know you are being sued? Summary Judgment Served 6. How were you served? Notice on Door 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No Correspondence FIA never tried contactin me 9. What state and county do you live in? NH 10. When is the last time you paid on this account? April 2010 11. What is the SOL on the debt? 3 YEARS 12. What is the status of your case? Returned plaintiffs request for Discovey. Plaintiff is overdue in returning their Discovery. Sent Courtesy reminder letter and received Motion for Stay and Schedule Discovery. 13. Have you disputed the debt with the credit bureaus? NO 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? N/A 16. What evidence did they send with the summons? Affidavit? One Statement fromBank of America dated 12/9/2010 and a Military Service Affidavit.
  7. Sorry Bruno!!!! I apologize to all if anyone found any one of my responses as defensive... Absolutely 100% absorbing all advise. Not meaning to be or trying to be defensive to anyone in anyway! I asked for the chain of custody because BofA states its a charg off and if FIA is BofA and it say This Communication is from a De bt Collector at the bottom of all the Mottions and Judgments ect...? So confusing!
  8. I understand BofA is now FIA Card Services. However, they have no accurate information on me. They reported last payment to them was in February of 2012 for $157.00. They also stated this in their Affidavit and their Summary Judgment. This is a complete lie. Also, on the bottom of all documentation I have received states that the COMMUNICATION IS FROM A DEBT COLLECTOR! They asked me in their interrogatories to provide them with a copy of the check I made the payment with to them in February, 2012. I never made this payment! All the questions they have requested in their interrogatories looks like nothing more than a fishing expedition on their part. The only thing thatwas ever provided to me from them and it was with the Motion for Summary Judgement was photo copies of BAnk of America Statement from 01/2010 to 01/2011. No payments in any and the last statement shows CHARGE OFF ADJUSTMENT!
  9. I respect all opinions and suggestions. However, How does one have to obide by the law and not the other. I returned the propounded Discovery request I received from the plaintiff back to the Plaintiff 13 days after I received it. Do I not have the same rt to receive the Discovery I requested??? At this point in time if I do not obejct to the motion and the judge grants the Motion Plaintiff filed the outcome would be the same as if he denies my Objection. Correct? So why not give it a shot and file an Objection and Motion to Compel. They didn't file the Motioin until after their 30days for Discover was up. The Plaintiff had a whole month to fie this Motion before their deadline for Discovery and they didn't. Not to mention the fact the Plaintiff straight out lied in their Motion on #5. As little as it is it still has to say something to the court on the credibility.... When I have provided an Exhibit both the Plaintiff and the court received with my full contact info. This is exactly what the Motion the Plaintiff filed says: Motion to Stay Discovery and Schedule Discovery Conference The Plaintiff hereby requests this Honorable Court stay discovery for both parties and schedule a discovery conference. 1. The Plaintiff filed suit against the defendant based upon a credit account. 2. Both parties have propoundd discovery. 3. The Plaintiff has filed a motion for summary judgement, which has been objected to by the defendant. 4. Based upon Defendant's objection to the motion for summary judgement and questions propounded in discovery, there appears to be a great disconnect about what this case is about. Such would and has created a disproportionate and inordinate amount of discovery, (and likely motions to compel, motions to extend time to respond to discovery requests, ect.) for the type of matter this is. 5. Plaintiff's councel is unable to reach Defendant to discuss Discovery issues, as Plaintiff's councel does not have a telephone number for Defendant. 6. Plaintiff's counsel believes granting this motion would be in the interest of judicial aconomy and could result in settlement. Wherefore, Plaintiff requests this honorable court gant this motion I have added to my Objection the suggestions BTO49 and SEADRAGON made and have the following: OBJECTION TO: MOTION TO STAY AND SCHEDULE DISCOVERY 1. Defendant received the Plaintiff's request for INTERROGATORIES on November 15, 2012 VIA U.S. REGULAR MAIL NON-CERTIFIED. 2. Defendant answered Plaintiff’s INTERROGATORIES and Plaintiff was in receipt of the INTERROGATORIES per certified mail receipt (hereinafter referred to as Exhibit I) on November 28, 2012. 3. Defendant believes plaintiff is willfully attempting to thwart discovery and is unable to meet the valid discovery requests that Defendant has asked for. Defendant objects as the stalling and motion is using up court resources better used for trial. 4.The Defendant’s is in full understanding of this case and filed the objection to the motion for summary judgment as well as requested discovery specifically for the type of matter for the Plaintiff has not provided any proof this is even the defendants alleged debt. 5. Defendant would like to bring to the honorable courts attention the APPEARANCE (hereinafter referred to as Exhibit A) filed by Defendant on October 31, 2012. The Defendant listed on the APPEARANCE contact information including address as well as telephone number. The Plaintiff states in Motion to Stay and Schedule Discovery "Plaintiff's counsel is unable to reach Defendant to discuss discovery issues, as Plaintiff's counsel does not have a telephone number for Defendant. Plaintiff per certified mail receipt (hereinafter referred to as Exhibit has had the Defendant complete contact information in possession since November 2, 2012. 6. The Plaintiff is not following the Rule of Trial Procedure and is using up court resources better used for trial. All opinions are greatly appreciated and never taken personal.
  10. IT should say Objection to Motion to Stay Discovery and Schedule Discovery not Summary Judgement. I apologize.
  11. First, I would lik to thank you for your time served.... When you say file an order to show cause, would this be a motion? Also, this is what I have put together for an objection. Should it be more lengthly? Any other suggestions of wat may be added? Also reason certified mail receipt is exhibit I is previous Objection I filed had exhibits all the way to H and wasn't sure if exhibits continue on or starte at A again! OBJECTION TO: MOTION FOR SUMMARY JUDGMENT Now comes the Defendant and files this OBJECTION TO PLANTIFF’S MOTION TO STAY DISCOVERY and SCHEDULE DISCOVERY: 1. Defendant received the Plaintiff's request for INTERROGATORIES on November 15, 2012 VIA U.S. REGULAR MAIL NON-CERTIFIED. 2. Defendant answered Plaintiff’s INTERROGATORIES and Plaintiff was in receipt of the INTERROGATORIES per certified mail receipt (hereinafter referred to as Exhibit I) on November 28, 2012. 3. Defendant believes plaintiff is stalling for time and is unable to meet the burden of discovery that Defendant has asked for. 4. Defendant also would like to bring the attention to the honorable court the APPEARANCE (hereinafter referred to as Exhibit A) filed by Defendant on October 31, 2012. The Defendant listed on the APPEARANCE contact information including address as well as telephone number. The Plaintiff states in Motion to Stay Discovery and Schedule Discovery "Plaintiff's counsel is unable to reach Defendant to discuss discovery issues, as Plaintiff's counsel does not have a telephone number for Defendant" Plaintiff per certified mail receipt (hereinafter referred to as Exhibit has had the Defendant's complete contact information in possession since November 2, 2012. WHEREFORE, Defendant, respectfully requests this Honorable Court deny the Plaintiffs Motion.
  12. Sorry fo making my first post so long time is of the essence and trying to give all info to get as much help as possible. I am in the process of fighting FIA Card Services N.A. and sent out the courtesy letter reminding them they have exceeded the 30 day allowance for discovery that was requested on November 1st and if not received within 10 days I will move forward to fie Motion to Compel Discovery. I am in the state of NH. In respose I received from Plaintiff Motion to Stay Discovery and Schedule Discovery Conference!!!! What is this?? They had 6 points in the Motion and #4 states: Based upon Defendant's objection to the motion for summary judgement and questions propounded in discovery, there appears to be a great disconnect about what this case is about. Such would and has created a disproportionate and inordinate amount of discovery, (and likely motions to compel, motions to extend time to respond to discovery requests, ect.) for the type of matter this is. They also stated Plaintiff's counsel is unable to reach Defendant to discuss Discovery issues, as Plaintiffs counsel does not have a telephone number for Defendant. I already responded to their Discovery.. Do I answer by filing an objection to the Motion to Stay Discovery and Schedule Discovery???? They have my telephone number from when I answered the Writ of Summons after they filed a Summary Judgement!!!! How do I respond to this? I requested the following: For the Production of Documents I asked for: Provide validation of this debt to include but not be limited to: 1. Complete Chain of Custody / notice of Sale or Assignment 2. Original Credit Card Application 3. Original Credit Card Agreement Dated when alleged account was open 4. Complete Detailed History of the Alleged Account in question 5. Affidavit from Original Creditor that debt owed is correct 6. Authentication of all documents 7. Calculation of alleged debt 8. Copies of sales receipts signed by defendant with the original creditor from any purchases made 9. All monthly billing and statements for said alleged debt 10. Proof of last payment made to said alleged debt 11. Produce a copy of the initial communication sent by plaintiff to defendant regarding the debt she allegedly owes on the revolving account. 12. Produce all communications between the original creditor and each collection agency that attempted to collect the alleged debt. 13. All other evidence, not requested by the defendant, that plaintiff may use at trial, all phone records, information stored on hard drives or flash drives, and all information stored on: logs, note, tapes, fax, and any notes or witnesses who may be called. 14. Provide any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency concerning the defendant. FOR THE INTERROGS I ASKED: Interrogatory No 1: State the complete name and address of the original creditor for the alleged revolving account under which defendant allegedly owes the plaintiff (hereafter referred to as 'revolving account') as well as the date plaintiff purchased the account. Interrogatory No.2: Identify Affiant whom submitted the AFFIDAVIT within the WRIT OF SUMMONS by job title, job description what affiliation he has with the alleged debt, business address and telephone number: Interrogatory No 3: Was the revolving account opened via a written or verbal agreement? Interrogatory No 4: Do you have a written policy for the retention of documents, including but not limited to originally signed contracts, billing statements, and payment history records? If so, A. Produce copies of any and all written policies, signed contracts, billing statements and payment history records for the retention of documents, for the alleged debt owed. Interrogatory No. 5 Annex copies of all documents relative to this matter. This should include all documents upon which plaintiff intends to rely at trial or which in any way relate to the subject of this suit. The documents so produced should include: A. Any documents relating to the information of the obligation in question, including preliminary communications, credit applications, guarantees, acknowledgments, contracts and specifications. B. Any documents relating to the accounting of the balance including, invoices, statements, credit memoranda, accounting documents. C. Any documents relative to any communications between the parties including correspondence and other written communications. Interrogatory No. 6 Provide detailed accounting of the interest, late fees, contractual obligations for the alleged revolving account: Interrogatory No. 7 Provide a complete list of all witness you plan to call, name and address, position within the company and what evidence they might have or give. Interrogatory No. 8 Provide a complete list of any expert witness you plan to call, their education, training and what evidence they can offer. Interrogatory No. 9 Provide a complete detailed account history for this debt, from the original creditor until purchased by the plaintiff. Interrogatory No. 10 How was this debt purchased? Interrogatory No. 11 Provide canceled check (front & back) or electronic file transmissions corresponding to and in response to alleged payment made on 02/02/2012 for $157.00:. And Request for Admissions I asked: 1) Please admit or deny that this account is a revolving account as defined under the Truth in Lending act 1602.