Case management conference please advise!

[Capepuffin]

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Today I recieved a "Notice of Case Management Conference" in the mail directly from the court. I answered the complaint at the courthouse 2 days ago. Meet in clerks office on April 9, 2003. Here is what it says:

Pursuant to Mass.R. Civ.P. and G.L. c. 221, S 62C, counsel for all parties to this action are ORDERED to appear at a case management conference at this court on the above date and time to report on the status of this action.

I need help understanding what some of this means, any help?

1. AGENDA. The purpose of the case management conference is to determine the trial readiness of the case; offer and conduct early-intervention alternative dispute resolution; establish deadlines for discovery, amendment of pleadings, addition of parties, dispositive motions, and disclosure of expert witnesses; resolve any discovery dispute and address pending motions; reveiw any proposed case management orders submitted by any party; enter case management orders as appropriate; and assign a firm trial date for cases ready for trial or a firm pretrial conference date for all cases not ready for trial.

2. OBLIGATION of COUNSEL. Counsel shall be familiar with the facts of the case and shall have authority to settle and to select firm dates for trial or pretrial conference. Clients or persons with settlement authority shall be available for telephone consultation with counsel during the case management conference. Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference. Counsel are NOT required to prepare any memorandum for the case management conference.

Now, some of you are familiar with my case through other posts. To recap, I was served with a summons on 8/29/02. I answered and I sent a debt validation letter. 4 months past and still no debt validation. In the meantime, CA'S attn. filed case w/docket #, but no trial date. I went to court and verified this. I did lose my job of 6 years due to this CA's harassement at work. They also violated every conceivable section in the FDCPA. So my questions are:

What do I do at the case management conference? I know to bring my green cards w/paperwork and spears v. Brennen, Wollman paper and myself! Any help on what else I need to do to prepare?

Also, do I bring up all of the FDCPA or FCRA violations then? Will that help or hurt me? Any sugestions?

What does this statement mean?

'Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference.'

Thanks in advance for any help that you may have!

I all ready posted this but I need as much info as soon as possible before my SOL is up. So sorry for posting it twice. If you can remove my other post and just leave this one that would be great. I don't want to cause any confusion.

[IronMan]

What does this statement mean?

'Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference.'

ANSWER: Means they have to give you any other orders (what they are requesting of you) or motions (things they're asking the court for) prior to the conference. There are normally timelines to give opposing parties sufficient time to mount a proper defense.

Sounds like a limited / unlimited civil case was filed.

An attorney shouldn't be required at the conference, so any documents should be served to you, unless you are represented by counsel. They should have a proof of service for everything they send you.

You should be fully prepared at this conference. It's basically a means to keep litigation to a minimum in the busy court system. It'll be decided if it's worthy enough for jury trial at this conference.

You should get started on your homework. Check out SMALL CLAIMS RESULTS forum and DEBT VALIDATION forums. I've posted alot of stuff there that should get you started.

Your first issue to argue is the CA (or CA's Atty) standing in the court to bring forth this action. This should be somewhere in your state's civil procedure or rules of court.

Good Luck!

[Edit by IronMan on Tuesday, February 11, 2003 @ 12:03 AM]

[Capepuffin]

Thanks ironman! I still am dealing with this case management myself. My attorney does not want to deal with it because he is focused on the class action suit that you read about in my other post. My attorney suggested that I settle, but that was before he realized the depth of this case and filed in federal court. So I am on my own with this one. Maybe after the attorneys find out about the lawsuit they'll drop it. Wishful thinking probably!

[Capepuffin]

bumped

[Edit by capepuffin on Tuesday, March 11, 2003 @ 09:45 PM]

[Capepuffin]

<blockquote>Originally posted by IronMan

Sounds like a limited / unlimited civil case was filed.

</blockquote>

What does that mean?

[Capepuffin]

Anyone?

[Capepuffin]

I need some help in understanding these statements. CAlawyer can you help me out or anyone with legal knowledge? I need a line by line understanding, I don't know what alot of this terminology means.

:notsure:

<blockquote>Originally posted by capepuffin

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1. AGENDA. The purpose of the case management conference is to determine the trial readiness of the case; offer and conduct early-intervention alternative dispute resolution; establish deadlines for discovery, amendment of pleadings, addition of parties, dispositive motions, and disclosure of expert witnesses; resolve any discovery dispute and address pending motions; reveiw any proposed case management orders submitted by any party; enter case management orders as appropriate; and assign a firm trial date for cases ready for trial or a firm pretrial conference date for all cases not ready for trial.

2. OBLIGATION of COUNSEL. Counsel shall serve any proposed case management orders and motions to opposing counsel in advance of the case management conference. Counsel are NOT required to prepare any memorandum for the case management conference.

</blockquote>

Thanks in advance for any help that you may have!

[Sky Warner]

I aint no lawyer yet.. gimme a few years,, but what I think this is saying is that this is a sort of pre-trial.

If this is the company that is suing you for the debt that isnt even yours dont sweat it.

You go in.. show the judge that it is not your debt, show him the discrepancies and ask him to please dismiss the entire thing. He knows you arent a lawyer and he wont require you to know all the aspects of law. I would advise taking the Spears Brennan case and the FTC letter (Wollman) with you.

Find any and everything you can. Also look up the case of USA vs Performance Capital Management

its a great case to use when you wanna pop someone on FCRA violations

[bingo]

Here's the case Sakiwarmer recommended.

http://www.ftc.gov/os/2000/08/performconsent.htm

[Swede]

<blockquote>Originally posted by bingo

Here's the case Sakiwarmer recommended.

http://www.ftc.gov/os/2000/08/performconsent.htm

</blockquote>

http://www.ftc.gov/os/2000/08/performconsent.htm

Linking it for ya...

[Capepuffin]

Thanks for the case! Tomorrows the big day, I will let you know what happens.

[Swede]

<blockquote>Originally posted by capepuffin

Thanks for the case! Tomorrows the big day, I will let you know what happens.

</blockquote>

Keeping my fingers crossed for you! Good luck!

[timbercreektech]

I would say Good Luck but I do not believe in Luck, good or bad. You are knowledgable and prepared. Justice will prevail.

[Capepuffin]

Thanks for the well wishes!

Anyways I'm back from court. I am pissed because the court forgot to mark up a motion for my late filed answer. So the magistrate wanted to do it today and have the case heard. But the CA's attorney wanted to come back so that he can prepare! (He was unprepared) Anyways, The lawyer pulled out his copies of statements saying that it was enough for validation. I strongely disagreed. He said that because it was past the 30 days that they didn't even have to validate and that I didn't understand the law! I said wrong! The magistrate was on our side, I could tell. He told the attorney that it was his job to show burden of proof. So I have to go back May 2 so that the motion can be heard to file my answer late with the court.

Back to the validation thing. The lawyer had copies of checks, but they were so bad that you couldn't see them. When I asked him for contracts etc... he said that he did not need to have these to validate. About 5 min later he says "Oh this account was a telemarketing account that was opened over the phone so there wouldn't be any signed contract!" Thats a bunch of crap! What do I do about this? What happens if he tries to pull this at the trial?

Also, I told them that the debt is not on my CR and that my father and mother have the same names as my husband and myself and we get confused all of the time. The attorney said, does your parents live with you at this address? I said no. He said you both have the exact same names? and I said yes. He asked if we made any payments on the account. I said not that I am aware of. I have no knowledge of the account.

So now I know that they do have copies of checks(can't read them though) They do not have any copies of signed contracts. Will the checks hold up in court?

Just an update!

[Edit by capepuffin on Wednesday, April 9, 2003 @ 02:52 PM]

[Edit by capepuffin on Wednesday, April 9, 2003 @ 02:59 PM]

[Capepuffin]

Thanks swede for the heads up on the edit!

[Swede]

<blockquote>Originally posted by capepuffin

Thanks swede for the heads up on the edit!

</blockquote>

You got it!!

[Capepuffin]

Any help out there?

This situation with the attorney claiming that this was a telemarketing approved account (approved over the phone) has me worried. It definately was not and this is a blatant lie!

[calawyer]

How does the attorney plan to prove that you agreed, over the phone, to open the account. If the checks do not bear your signature, this will be a tough one to prove.

[Swede]

Guys, why are we doing this topic in 2 threads...... :notsure: gets confusing. Here's the other one http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=18&thread=4882

[Capepuffin]

<blockquote>Originally posted by calawyer

How does the attorney plan to prove that you agreed, over the phone, to open the account. If the checks do not bear your signature, this will be a tough one to prove.

</blockquote>

The attorney said that he does not have to because he all ready provided (some) copies of statements(comp. printouts) and that because it was a telemarketing appl. (which it wasn't) there would be no signed contract!

Swede, I just like keeping you on your toes! How many toes you got? 11?

[Swede]

<blockquote>Originally posted by capepuffin

The attorney said that he does not have to because he all ready provided (some) copies of statements(comp. printouts) and that because it was a telemarketing appl. (which it wasn't) there would be no signed contract!

</blockquote>

SOME copies (or none) doesn't prove the alleged amount. Use Spears v. Brennan for that (let me know if you need the link) If it was a telemarketing app. (which it wasn't) wouldn't they have sent you something in writing, the terms of the contract for you to sign, or no?

<blockquote>Originally posted by capepuffin

Swede, I just like keeping you on your toes! How many toes you got? 11?

</blockquote>

Noted

I have 3 toes, 3 eyes, 3 arms, 3 legs and three... well 3 of everything.

[Capepuffin]

<blockquote>Originally posted by Swede

SOME copies (or none) doesn't prove the alleged amount. Use Spears v. Brennan for that (let me know if you need the link) If it was a telemarketing app. (which it wasn't) wouldn't they have sent you something in writing, the terms of the contract for you to sign, or no?

<blockquote>

I have no idea of how these types of applications are approved or processed! Maybe someone else would know. What if I called the OC, GM Card and ask them if they approve people over the phone and how that works? Of course I won't give them my name though!

[calawyer]

So the attorney is saying that, because statements were sent to some address (yours?), that proves that you agreed to open an account over the phone?

[Capepuffin]

<blockquote>Originally posted by calawyer

So the attorney is saying that, because statements were sent to some address (yours?), that proves that you agreed to open an account over the phone?

</blockquote>

No, I don't think so. I asked the Attorney to provide me with some type of agreement or contract from this account that would bear my signature. He is saying that there would be no signed contract for this account because it was opened over the phone.

He is also saying that because statements were sent to us at our address, that yes, he believes that its proper validation. He is claiming he does not have to validate this account as mine and by law that he does not have to.

So when we go back to court for the trial, I am concerned about his responses to him having to verify. Will a judge agree with him?

And in the trial if the attorney again says that this account was opened over the phone and there never was a signed contract. How would a Judge see this?

As I stated before, this account was not opened up over the phone! There is a contract somewhere, but obviously they can't produce it.

This CA purchased this debt from another CA. So they never got it directly from my OC. I don't know if this CA can even contact the OC and request documents from this account. Any thoughts?

[retmar]

I just have to comment on this. Capepuffin says the attorney said that since it was past the 30 days, he didn't have to validate. Why? What makes him think so. He says you don't understand the law. What about him. FDCPA 809©clearly states you can ask for it.

One thing I have found out about telemarketers is they are quite sneaky. What some of them do is enter a consumers info as if they bought it, just to make the commission. They could care less what happens to the consumer. This is usually done by the ones who have more info than just your phone number. In fact, this was covered on TV in the past year by some undercover people. I don't remember who it was. Does anyone else? This could possibly help as to credibility.