DooleyMoe22

Members
  • Content Count

    114
  • Joined

  • Last visited

Community Reputation

14 Good

About DooleyMoe22

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    MA

Recent Profile Visitors

338 profile views
  1. if you want a referral to a local lawyer who does a few credit card cases in his general practice (i went to school with him and have used him for other matters), let me know. Talking about these type of cases, I get the feeling he enjoys beating up these bottom barrel collection agencies.
  2. Thanks, you are of course, right, and I'll be fixing them. It also came to my attention through another means that by requesting this be addressed at the CMC, they have not given the required notice. I have ten days from service to respond. I was emailed the motion, so it is not valid service. Working on something to respond to that (i'll update once it goes through)
  3. Lets start with the motion to compel (not yet served to me): They are requesting a hearing on the date of the CMC. my understanding is I have ten days to respond. So even if served yesterday, my response would be due on the 15th (16th as a monday), several days after the CMC. Motion to Compel Answer to interrogatories: basically they request my answers be stricken and ordered to respond and that my answers were intentionally evasive and conditional, designed not to reveal any meaningful info. Int 1 (renumbered): Describe in full/complete all steps you undertook to investigate the facts you allege and the facts you deny in your answer. My answer: Objection Answering would require Defendant to violate attorney client privilege. Defendant is not required to detail every step of trial preparation and this information is not destined to reveal information material to the complaint as filed Their argument: no attorney or record in the case, so no claim is inappropriate. Parties are required to provide all discoverable info, def has not done so. Any facts/info used to prepare the answer/counterclaim in this matter is relevant. Then they go on about privilege logs. Int 2 - State in full each and every fact you relied upon in claiming the defenses set out in your answer. My answer: Objection: request is overly broad/unduly burdensome, not likely to lead to discoverable info... w/out waiving objection I have relied on the truth and the fact that plaintiff has not provided any shred of proof that this debt exists, and that they own this alleged debt. Their argument: Def response is based on his conclusion that the plaintiff has provided has (sic) provided any shred of proof that the debt exists, but does not relate any info he may have. He is required to disclose the facts as he knows them and not to require proof to his satisfaction as a condition precedent. Int 3 - State in full each and every fact you relied upon in claiming the defenses set out in your answer. Answer and argument same as #2 Int 4 Identify each document used to prepare your answer and the defenses contained in answer My ans - obj: overly broad/unduly burdensome, not likely to lead to the discovery of admissible info. Their argument: request is not overly broad, def has asserted certain claims/counterclaims, made allegations of fact. They then refer to Rule 26 Int 5 Identify by name or address each and every debt management company or debt settlement company you used from January 1, 09 to date. My answer: OBJECTION: Defendant has never asserted they used any of these services before therefore has no information to identify. Argument: The fact def has not asserted a fact does not mean he did not use such services, or preclude him from responding. int 6: Identify in full and complete detail all damages and costs you claim you have incurred as a result of the acts or actions complained of in your counterclaim. My Answer: I object, then state discovery is ongoing and damages/costs will be determined at trial. arg: def has filed a counterclaim requesting compensation for damages/costs, the amount are a relevant issue and subject to discovery. Next is a motion to compel responses to POD. I had objected as vague/overbroad/unduly burdensome these ones: All documents rely on in asserting your defensesAll correspondence from OC, Assett acceptance, etceach/every document which makes any reference whatever to any transaction or defense/counterclaim referred to in any pleading filed or referred to in any itterog asked/responded to.All documents support claim for damages/costsThe objections are all similar...its relevent..give me now. They also claim I didn't respond to the last two, which are documents that say regarding my DV notice, and debt management documents. Finally on the motion to compel responses to request for admissions (keeping in mind they had not responded at all to mine): They objected to: The def requested a credit card from the issuer as alleged in the complaint.The argument for all of these was: The response to the request is not dependant on what proof has been provided by the plaintiff. Def's conditional or qualified response is not appropriate. Plaintiff is not required to prove to the defendant the subject matter of a request. DENIED. Plaintiff has provided no proof that Defendant requested a credit card A credit card was issued to the def as alleged.DENIED. Plaintiff has provided no proof that Defendant was issued a credit card The def received a credit card as alleged.DENIED. Plaintiff has provided no proof that Defendant received a credit card. The plaintiff is the owner of the credit card referred to in complaint.DENIED. Plaintiff has provided no proof that Plaintiff owns any alleged accounts. The def received monthly statements from the issuer showing transactions on cardDENIED. Plaintiff has provided no proof that any statements were received by defendant. The def has not paid the CC account in accord with the termsDENIED. Plaintiff has provided no proof an account was created, let alone any terms of alleged account. The cc agreement requires the def to pay interest on unpaid balanceDENIED. Plaintiff has provided no proof an account was created, let alone any agreement of the alleged account. The cc agreement provides that the def pay late charges on unpaid balance.DENIED. Plaintiff has provided no proof an account was created, let alone any agreement of the alleged account. The cc agreement provided that in the event of default the def shall pay costs of collection/feeDENIED. Plaintiff has provided no proof an account was created, let alone any agreement of the alleged account.
  4. Some updates, with more info later today. case management conf late next week. I did get some type of 'discovery' response in response to an email offer of settlement, it was incomplete, duplicate/missing pages, and of course, late. Also, sent by email, when they have failed to acknowledge items I've sent by email (I also mailed them of course). They also emailed a motion to compel discovery, apparently they did not like my objections/answer, will post info on that and my thoughts on responding. Finally, a notice of deposition for myself, at the end of the month. Thoughts on this?
  5. @debtzapper so a motion deem admissions admitted seems to be the step... or is it even not necessary, based on that last sentence 'any matter admitted by virtue...'
  6. An update of nothing... no response to any of my discovery, though its well past the time limit. Would a motion to deem admissions admitted be appropriate at this point? case management conference is on the 2nd
  7. Thanks, is it worth adding something similar to my discovery responses? or a waste of paper?
  8. As i'm putting together my response to the plaintiff's interrogatory request, and looking at some sample forms (namely to answer if I have to put the original question before the answer?) I noticed the use of 'general responses and objections' With wording like 'Each of the responses, in addition to any specifically stated objections, is subject to and incorporates the following general responses and objections. The assertion of the same, similar, or additional objections, or a partial response to any individual request does not waive any of the plaintiffs’ general responses and objections.. Then, specific items like: The following responses reflect the current state of the plaintiffs’ knowledge, understanding and belief respecting matters about which inquiry has been made. The plaintiffs expressly reserve their right to supplement or modify these responses with such pertinent information as they may hereafter discover or as may be informed by the opinions of experts retained by the parties to testify in the trial of this matter, and will do so to the extent required by the Federal Rules of Civil Procedure. The plaintiffs expressly reserve the right to rely on, at any time, including trial, subsequently discovered documents and/or materials that have been produced promptly upon discovery. and object to these interrogatories to the extent that they are over-broad, unduly burdensome, vague, ambiguous, confusing, require speculation to determine their meaning or use imprecise specifications of the information sought. and object to any interrogatory to the extent that it seeks information neither relevant to the subject matter of this litigation nor reasonably calculated to lead to the discovery of admissible evidence. object to any interrogatory as unduly and unnecessarily burdensome to the extent that it seeks information that is matter public record, already in the Defendants’ possession, or otherwise readily available to the Defendants, and, therefore, may be accessed and obtained by the Defendants with less burden than the plaintiffs can identify and provide requested information. None of the objections or responses contained herein is an admission concerning the existence of any documents or materials, the relevance or admissibility of any documents, materials or information, or the truth or accuracy of any statement or characterization contained in Defendants’ First Set of Interrogatories. The plaintiffs’ written responses are made without waiving, but, on the contrary, expressly reserving: (a) the right to object, on the grounds of competency, privilege, relevancy, materiality or any other proper grounds, to the use of the information provided herein, in whole or in part, in any subsequent proceeding in this action or any other action; ( the right to object on any and all grounds, at any time, to other discovery requests involving or relating to the subject matter of these requests; and © the right at any time to revise, correct, add or clarify any of the responses provided herein. and object to any interrogatory that seeks information that is already in the defendants’ possession. Obviously the above was written by a plaintiff, but could probably be re-used. Question is...is it useful or just legal filler (garbage)?
  9. Thanks, i'll add that... Just wanted to make sure I included all the details
  10. @BV80 The only thing they have provided to date is two credit card statements. in both statements The account is already in default, no charges are shown, no payments shown. It has my name but not my correct address (different state). Nothing else to date, no bill of sales, no affadavits, no statements with payments or charges. Thats one of the reasons for the countersuit under the Mass. Debt collection laws (which require a complete accounting as 'validation')
  11. and their request for admissions; Req for admissions with draft responses. Req for admissions The def requested a credit card from the issuer as alleged in the complaint.DENIED. Plaintiff has provided no proof that Defendant requested a credit card. A credit card was issued to the def as alleged.DENIED. Plaintiff has provided no proof that Defendant was issued a credit card. The def received a credit card as alleged.DENIED. Plaintiff has provided no proof that Defendant received a credit card. The plaintiff is the owner of the credit card referred to in complaint.DENIED. Plaintiff has provided no proof that Plaintiff owns any alleged accounts. The CC referred to in the complaint is currently identified as number ending in 9518.ADMITTED. Without waving any defenses, defended admits that the Plaintiff has claimed the alleged account referred to in the complaint ends in 9518. The def used the card to purchase goods or servicesDENIED The def used the card to obtain cash advancesDENIED The def used the card for bal transfersDENIED The def received monthly statements from the issuer showing transactions on cardDENIED. Plaintiff has provided no proof that any statements were received by defendant. The def never notified the issuer or plaintiff of any dispute on the account prior to suit being filedDENIED. The def acknowledged that he/she was responsible for the ccDENIED. The def agreed to pay the CC in accord with the terms of the Credit agreementDENIED. The def has not paid the CC account in accord with the termsDENIED. Plaintiff has provided no proof an account was created, let alone any terms of alleged account. The def owes an amount of money to plaintiff on the cc accountDENIED The cc agreement requires the def to pay interest on unpaid balanceDENIED. Plaintiff has provided no proof an account was created, let alone any agreement of the alleged account. The cc agreement provides that the def pay late charges on unpaid balance.DENIED. Plaintiff has provided no proof an account was created, let alone any agreement of the alleged account. The cc agreement provided that in the event of default the def shall pay costs of collection/feeDENIED. Plaintiff has provided no proof an account was created, let alone any agreement of the alleged account. The def owes plaintiff sum of XX plus interest, costs, etcDENIED The attached statement labeled ex a is a true copy of credit statement.OBJECTION: Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff. That the attached statement labeled ex A accurately reflected the balance due as of that dateOBJECTION: Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff The attached statement labelled ex b is a true copy etcOBJECTION: Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff That the attached statement labelled ex b accurately reflected balance due etc…OBJECTION: Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff That no payments were made on the account after 11/XX/2010ADMITTED. Without waving any defenses Defendant denies received or using the alleged account, so no payments at all would have been made.
  12. Here is their request for POD: Request for POD All documents you rely on in asserting your defenses to this action.All correspondence received by you from OC, Asset, its attorneys, employees, agents, etc concerning to the card referred to in the complaint.Any charge slips, receipts, credit or debit memos for transaction entered into or paid for by use of the card.All other communications, records or documents concerning the credit card account and all checks, money orders, and other payment instruments issued by defendant for the benefit of plaintiff.All documents referred to or identified in your answers to interrogs.All docs which relate in any way to the goods and/or services purchases from with the credit card. All docs which relate in any way to your non-payment or refusal to make payment for goods and/or services allegedly purchased using the card.Each and every document which you intend to introduce in evidence.Each and every document which makes any reference whatever to any transaction or defense or counterclaim referred to in any pleading filed or referred to in any intterog.Each and ever doc which supports your claim for damages and costs you claim you have incurred as a result of the acts complained of in your counterclaim.All documents you rely upon in alleging that notice in writing was rec on x/x/13 including but not limited to proof of mailing and/or cert mail receipts. All records of ur dealings with any debt management/settlement company from 2009 to date
  13. Draft answer below: Interrogatories: 1. What is... name, res address, bus address, occupation, ss #, dob, occupation, name of employer? OBJECTION: Overly burdensome, immaterial and not destined to reveal information relevant to the complain as filed. Without waiving objection, Defendant admits he is DooleyMoe residing at XXX, XXX, 2. State in full and complete detail all biz dealing you have had 'with the Plaintiff, LL Bean, Barclays Bank, its assignors or the issuer of the credit card that is the subject matter of this action.' OBJECTION: Defendant asserts that the Plaintiff is not any of the business entities as described in this interrogatory and denies have any business relationship with Plaintiff: Asset Acceptance. 3. Did you receive the card, account ending in XXXX Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny, therefore defendant denies. **** Is this the appropriate way to answer an interrogatory? seems like it would be more for an admission. **** 4. Did you use the card to make charges, transfers or cash advance Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny, therefore defendant denies 5. If answer to preceding is yes, state in full detail, a date first used b. date last used c. amount of charges d. reason stopped making charges e. date last made payment. OBJECTION: Overly burdensome and Plaintiff has provided no documentation by which Defendant could reasonably and honestly answer this question. 6. State in full and complete detail all purchases of good and services and/or balance transfers made... (looking for details on each purchase, too long to type out) OBJECTION: overly burdensome and no consumer could reasonably remember each and every purchase made throughout their credit lifetime. 7. State in full/complete details, all payments made on the account, including date, amount who payment made to. OBJECTION: Request is overly broad and unduly burdensome to the extent it seeks records that are not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the defendant, prior to the completion of discovery to answer if the amount is correct. Plaintiff’s request should be accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Defendant leaves the Plaintiff to its proof without waiving the defendant’s objection. 8. Did you receive monthly statements of account from OC (my term)? OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 9. Did you receive a copy of the cardholder agreement from OC (my term)? OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 10. Did you make monthly payments on card, and if so identify what bank account was used. OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 11. State the reason you deny you owe the amount claimed. OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 12. State what amount you believe you owe plaintiff. Defendant owes the plaintiff nothing. Plaintiff, however, has violated state and federal debt collection laws and owes defendant damages. ***I know, i should just keep the first part*** 13. if the amount in your answer to the proceeding int. is different from what plaintiff claims, explain why you believe what you claim you owe is correct. Plaintiff is on crack? OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 14. Sate in full details the reasons you have not paid plaintiff or the OC the amount claimed due. OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 15. Have you, or anyone on your behalf, ever notified the OC or plaintiff of the reasons you dispute the balance due. Yes, both AA and Scumsucking Lawyers Inc have been notified the entire existence of account is in dispute. 16. If your answer to the foregoing is yes, state in full/complete details the date you notified OC/plaintiff, etc On or about January XXth, 201X, Defendant wrote to Scumsucking Lawyers/AA in response to a notice claiming a debt was owed. Defendant disputed the validity of and requested verification of alleged debt pursuant to Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( and Massachusetts 940 C.M.R. § 7.08(2)(a), and advised Plaintiff that all collection attempts on this alleged debt must cease until complete validation was provided. ****Should I leave this in (its straight from my counterclaim), or just outright deny?**** 17. Identify fully all persons who you allowed to use your card, or who had a 2ndary card. OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 18. State each and every fact you relied upon in making the allegations or denials in your answer to the complaint ****not sure what to put here, suggestions? Simply 'The Truth?'**** 19. Describe in full/complete all steps you undertook to invetigate the facts you allege and the facts you deny in your answer. OBJECTION: answering would require Defendant to violate attorney client privilege. Defendant is not required to detail every step of trial preparation and this information is not destined to reveal information material to the complaint as filed. ****While i like the objection, is attorney client privilege relevant while pro se?**** 20. State in full and complete detail each/every fact you rely upon in denying the allegations in the complaint. ****not sure what to put here, suggestions? Simply 'The Truth?'**** 21. State in full each and every fact you relied upon in claiming the defenses set out in your answer. ****not sure what to put here, suggestions? Simply 'The Truth?'**** 22. Identify each document used to prepare your answer and the defenses contained in answer ****not sure what to put here, suggestions? Simply 'The Truth?'**** 23. For each balance transfer/cash advance taken by use of the card, specify date/amount/recipient OBJECTION: Defendant has already stated no recollection of said account, thus this question is improper. 24. Identify by name or address each and every debt management company or debt settlement company you used from January 1, 09 to date. OBJECTION: Defendant has never asserted they used any of these services before therefore has no information to identify. 25. Identify in full and complete detail all damages and costs you claim you have incurred as a result of the acts or actions complained of in your counterclaim. ****not sure what to put here either. Wouldn't damages be something determined after it was shown a violation was committed? ****