PLAINTIFFS ATTORNEY DID NOT ANSWER MY DISCOVERY

[Tsandy7]

My neice has a countersuit again cavalry spvi, we had sent discovery and their attorney returned it to her not completed. we have a court date on may 26, 2005. this is the case where the the judge denied the plaintiff (cavarly) motion to compel us to reanswer their discovery, the case was dismissed and now cavalry is suing her again . to make a long story short, the new case was given to a new judge, but when i sent a motion to denied cavarly's claim the new judge sent the case back to the original judge.

How are we suppose to respond to the Plaintiff's (cavlry) not completing our discovery? We did complete their discovery and now they would not complete ours. Can they do this and getaway withit?

Please help

Tsandy7

[admin]

Read up on Chasey's experience with idiot attorneys who did the same thing...

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=22830

[KentWA]

Motion to compell time! It is a very easy thing to do and puts them in a bad light with the court. If you put specifics in here about what you requested and what was not properly answered we can help you in forcing them to reply.

[gdouglaslee]

Don't know what you mean by they sent it back without answering.

Maybe they refused because you failed to comply with the rules of civil procedure.

Maybe they answered but answered with objections.

There's a difference you know.

[Tsandy7]

what i meant by sent back is that Calvary's attorney sent our discovery back to us(defendant) without completing any of the questions. what I also meant was that the first time she was sued the original judge williams did not agree with the plaintiffs attorney. the attorney dismissed the case. The plaintiffs attorney was hopeing to get another judge that would agree with him, which he did get a different judge, when I got through sending info to the new judge about the last case he said it would be better if he referred it back to the original judge williams. There was nothing there to say that they refused because of rules of discovery.

We have received no objections.

Today I found out that Calvary's attorney has hired another attorney to

defend them against our counterclaim. We are throughly confused, My neice cannot afford an attorney, she has no money and is a single mom, even it they win she has nothing to take. I just think this is so unfair.

I am just the aunt trying to help her, neither one of us are attorney's, but we will defend our rights. And we will show up in court.

How do they expect ordinary people to come up against these experienced attorneys'. I think they are wasting the tax payer dollars.

I hope all this makes sense and excuse my spelling and grammar, when i am angry anything is liable to show.

tsandy7

[c m chase]

In some places, you have to give them more opportunity to answer than sending it and then motioning. (Like here, for example). What I'd do is fax them a letter saying "I sent discovery requests on xx/xx/xxxx...you have not responded nor asked for more time. Please answer discovery requests within 10 days or I will have to file a motion to compel."

Something like that.

Then give them their time and if they haven't, file the motion. Don't give them TOO long because your court date is coming up.

[Tsandy7]

THIS IS JUST A SAMPLE OF WHAT I SENT TO THEM, I CHANGED SOME OF THE PERSONAL NAMES (NEVER KNOW WHO IS LOOKING)

ANY HELP WOULD BE APPRECIATED, FORGOT TO INCLUDE IN PREVIOUS RESPONSE.

INTERROGATORIES

Defendant propounds the following interrogatories to Plaintiff pursuant to Rules 36 of Ohio Rules of Civil Procedure to be answered and responded to under oath within thirty (30) days of service.

These Interrogatories contain words or phrases which require you to refer to the “Definitions” section of this document provided herein below.

Unless otherwise stated, each Interrogatory pertains to the time period beginning from date of purchase of the alleged debt through the present date, based on information provided to Defendant by Credit Reporting Agencies, other sources as they become available. Thus, your responses should be fully answered as they pertain to information within that time frame. Further, each Interrogatory should identify the appropriate time frame, if your response requires same.

DEFINITIONS

“You” and “Plaintiff” includes Cavalry SPV I, LLC, the company, entity, institution, agency, subsidiaries, parent corporation(s) and/or any of its branches, departments, employees, agents, contractual affiliates, or otherwise connected by legal relationship, in the broadest sense.

“Document(s)” shall mean and include any printed, typewritten, handwritten or otherwise recorded matter of whatever character, including specifically, but not exclusively, and without limiting the generality of the foregoing, letters, diaries, desk and other calendars, memoranda, telegrams, posters, cables, reports, charts, statistics, envelopes, studies, newspapers, news reports, business records, book of account(s) or other books, ledgers, balance sheets, journals, personal records, personal notes, any piece of paper, parchment, or other materials similarly used with anything written, typed, printed, stamped, engraved, embossed, or impressed upon it, accountants statements, accounting records of any kind, bank statements, minutes of meetings or other minutes, labels, graphics, notes of meetings or conversations or other notes, catalogues, written agreements, checks, announcements, statements, receipts, return invoices, bills, warranties, advertisements, guarantees, summaries, pamphlets, prospectuses, bulletins, magazines, publications, photographs, work-sheets, computer printouts, telex transmissions or receipts, teletypes, tale-faxes, file folders or other folders, tape recordings, and any original or non-identical (whether different from the original by reason of any notation made on such copies or otherwise), carbon, photo static or photograph copies of such materials. The term “documents” shall also mean and include every other recording of, or means of recording on any tangible form, any form of information, data, communication, or representation, including but not limited to, microfilm, microfiche, any records stored on any form of computer software, audio or video tapes or discs, digitally recorded disks or diskettes, or any other medium whatsoever.

A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or circumstances under which it was destroyed.

For each “document” responsive to any request withheld from production by you on the ground of any privilege, please state:

1. The nature of the document (e.g., letter, memorandum, contract, etc.);

2. The author or sender of the document;

3. The recipient of the document;

4. The date the document was authored, sent, and/or received; and

5. The reason such document is allegedly privileged.

These interrogatories shall be deemed continuing so as to require supplementary answers if you obtain further information between the time answers are served and the time of trial.

“Data” means the physical symbols in the broadest sense that represent information, regardless of whether the information is oral, written or otherwise recorded.

“Database”’ or “databank” means any grouping or collection of data field(s) maintained, in any format or order, in any permanent or temporary recorded form.

“Person(s)” means any human being, sole proprietorship, limited partnership, partnership, association, group of human beings, other legal or de facto entity, or corporation, of whatever kind.

“Explain” means to elucidate, make plain or understandable, to give the reason for or cause of, and to show the logical development or relationships thereof.

“Describe” means to represent or give an account of in words.

INTERROGATORIES

1. State the name, work and home addresses and telephone numbers, and position of the person responding hereto.

ANSWER:

2. Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case. If you intend to qualify any of these witnesses as experts, please so indicate, giving their areas of expertise, their credentials as experts, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

ANSWER:

3. State the name, job title, aliases, current work and home addresses and telephone numbers, and position of each person, and identify each document referred to or consulted by you in the preparation of your Answers to these Interrogatories and your response to the Request for Production, and, as to each such person, and the persons identified in response to Interrogatories No. 1 and No. 2, please state whether each such person has ever been convicted of a felony, or of a misdemeanor involving moral turpitude, furnishing the nature, date, and court of any such convictions.

ANSWER:

4. State your full name and your business purpose, and your form of business organization (e.g. corporation, partnership, sole proprietorship, etc.).

ANSWER:

5. State whether there is any insurance agreement under which any person conducting an insurance business may be liable to satisfy part or all of the judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any judgment which may be entered in this action, and identify all documents reflecting the existence of such insurance agreement.

ANSWER:

6. For each factual allegation contained in the Complaint which you do not unequivocally admit, state with detail and particularity the factual basis for your failure to do so, the efforts undertaken by you to ascertain the truth of said allegation, identify all documents related or relevant to said allegation or your basis for not so admitting, and identify all persons with knowledge of the fact or of your basis for not so admitting.

ANSWER:

7. For each affirmative defense which you have asserted or will assert to the Complaint, state with detail and particularity it’s factual and/or legal basis and identify all evidence on which you rely in asserting it, and identify all documents related or relevant to it and all persons with knowledge of its factual predicate.

ANSWER:

8. For each person who has had any involvement in any manner in any efforts on your behalf to collect or attempt to collect any debt purportedly owing by Plaintiff to include reporting same to Credit Reporting Agencies in order to collect said debt, state his/her name, position, home and work addresses and telephone numbers, and the nature and purpose of his/her involvement, length of employment, educational background, specialized training and training involving the Fair Credit Reporting Act, Fair Debt Collection Practices Act and North Carolina General Statutes, of such person. Describe each action taken, the nature, contents and subject matter of each discussion or conversation held, and the time, place and the date of each such action or conversation; and identify all documents relevant, related to or reflecting said involvement of each such person.

ANSWER:

9. List and explain all abbreviations and code words, letters, numerals, or symbols regularly used by you in your records of collection activities.

ANSWER:

10. With regard to the debt allegedly owed by Defendant, itemize the amount of each portion of the debt and the authority therefore.

ANSWER:

11. State whether you have reported data on Defendant’s consumer report(s) which is inaccurate between July 2004 through present date and, if so, state why such inaccurate information was placed on Defendant’s consumer report(s), state the date(s) such information was/were issued, to whom the information was/were issued, and state what you could and should have done to prevent the inaccurate data from being reported on Defendant’s consumer report(s).

ANSWER:

12. State whether you have received from and/or responded to any credit reporting agencies or Plaintiff, any document regarding the disputed accuracy of information outlined in Interrogatory No. 11, if so, state when, how, where, and with whom said contact or communication occurred and in detail with particularity the substance thereof, and identify all documents relevant or related thereto.

ANSWER:

13. Describe the maintenance of all procedures utilized by you, at any time from July 2005 through present, to avoid violations of the Fair Debt Collection Practices Act, the Fair Credit Reporting Act , and identify all documents related in any way to such procedures and their maintenance, giving their dates of implementation and the dates of the time periods of their use, as well as all internal and external documents regarding your compliance or noncompliance with the Fair Debt Collection Practices Act, the Fair Credit Reporting Act.

ANSWER:

14. Identify the persons or entities which are/were the creditor(s) regarding any debts which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) or other business relationships with said persons or entities, identify each person who has had any contact or communication on your behalf with said persons or entities regarding Defendant or Defendant’s purported debt, state when, how, where, and with whom said contact or communication occurred and in detail with particularity the substance thereof, and identify all documents relevant or related thereto.

ANSWER:

15. Describe all collection activities which you were authorized to perform by creditor, and identify the terms of the agreement between the creditor and you pursuant to which you sought to collect this account.

ANSWER:

16. To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt from Defendant, or to any debts purportedly owed by Defendant to you or to the underlying creditor including reporting same to Credit Reporting Agencies in order to collect said debt.

ANSWER:

17. Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your answer whether any documents or things relating to any information requested in these interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

ANSWER:

18. State whether you are or ever have been a member of the American Collectors Association and the dates of any such membership.

ANSWER:

19. State reasons for dismissal of the prior suit and refilling of Case No.2004CVFxxxx

ANSWER:

20. Identify all assignees, debt collectors, debt collection agencies and debt collection law firms with whom you communicated concerning the purported debt of Defendant. If any assignee is a trust, identify each trustee thereof.

ANSWER:

21. Identify by title, author, subject, and date any reports or memoranda of the Defendant regarding the use of any and all notices sent to Defendant by Plaintiff or any entity described and identified in Interrogatory No. 20, including but not limited to Co,LPA”.

ANSWER:

22. Identify by caption, court, civil action number and result all litigation filed against you alleging violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act or Ohio General Statutes, identifying in your response each action in which you have been alleged to have violated 15 U.S.C §§ 1692 et seq., 15 U.S.C §§ 1681 et seq., and stating the court’s disposition as to each allegation.

ANSWER:

23. Identify the publications which you have received in the past 48 months from any debt collection trade organization, and all documents which you have received during the past 48 months, addressing the issues of compliance with 15 U.S.C §§ 1692 et seq., 15 U.S.C §§ 1681 et seq.,

ANSWER:

DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

Defendant requests that Plaintiff produce and permit inspection and copying of the following documents within thirty (30) days after service of this request:

Documents Requested

1. Any and all documents and things, omitting nothing there from, that are identified or sought to be identified in or that relate in any manner whatsoever to or are referred to in your answers to the foregoing Defendant’s First Set of Interrogatories, indicating with respect to each document the Interrogatory to which it is responsive.

RESPONSE:

2. Produce all documents between Plaintiff and the alleged Original creditor Providian regarding the Defendant and collection of this alleged debt.

RESPONSE:

DEFENDANT’S FIRST REQUEST FOR ADMISSIONS

Pursuant to the provisions of Rule 36 of the Federal Rules of Civil Procedure, Plaintiff requests that Plaintiff unequivocally admits to the following statements of facts within thirty (30) days after service of this request:

1. Defendant is a "Consumer" as defined by 15 USC 1692a (3)

RESPONSE:

2. The obligation allegedly owed is a "Debt" as defined by 15 USC 1692a (5)

RESPONSE:

3. Plaintiff, LLC, is a “Debt Collector” as defined by 15 USC 1692a (6)

RESPONSE:

4. Plaintiff, LLC, is not a “Creditor” as defined by 15 USC 1692a (4)

RESPONSE:

5. Defendant is a “Consumer” as defined by 15 USC 1681a©

RESPONSE:

6. Plaintiff, LLC, is a “Person” as defined by 15 USC 1681a (

RESPONSE:

7. Plaintiff, LLC, their representative on or about December of 2004 dismissed Case No. 2004CVFxxxx, and state reasons why

RESPONSE:

8. Defendant requested validation of the amount of the alleged debt

RESPONSE:

9. Defendant refused to pay the validated debt

RESPONSE:

10. Plaintiff, ,LLC, authorized LPA to send Defendant a dunning letter dated July 29, 2004 demanding $2,614.53 representing purported debt on behalf of Plaintiff

RESPONSE:

11. on or about July 2004, LLC reported a collection account for Providian on Defendant’s Equifax credit report

RESPONSE:

12. on or about July 2004, Plaintiff, LLC reported a collection account for Providian on Defendant’s Experian credit report

RESPONSE:

13. On or about July 2004, Plaintiff, LLC reported a collection account for Providian on Defendant’s Trans Union credit report

RESPONSE:

14. on or about July 2004, Plaintiff, LLC verified that the disputed debt was valid and did belong to Defendant by communicating such information to the credit reporting agency “Equifax”

RESPONSE:

15. On or about July 2004, Plaintiff, LLC verified that the disputed debt was valid and did belong to Defendant by communicating such information to the credit reporting agency “Trans Union”

RESPONSE:

16. On or about July 2004, Plaintiff, LLC verified that the disputed debt was valid and did belong to Defendant by communicating such information to the credit reporting agency “Experian”

RESPONSE:

17. Plaintiff,LLC knew the information was false

RESPONSE:

18. Plaintiff, LLC failed to comply with USC 1681s-2(a) (8) (E) (i)

RESPONSE:

19. Plaintiff, failed to comply with USC 1681s-2(a) (8) (E) (ii)

RESPONSE:

20. Plaintiff, LLC failed to comply with USC 1681s-2(a) (8) (E) (iii)

RESPONSE:

21. Plaintiff, LLC failed to comply with USC 1681s-2(a) (8) (E) (IV)

RESPONSE:

______________________________

Defendant

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

[THE_PROSELITIGANT]

Dear Friend . they are called cavalry , because they think that they are like Rangers on horse, who catch criminals, on their eyes , this is all game

you must really fight them all angles, its not that hard, the blood in you.

they are buch of loosers who thinks they can force the mechanism of law and rules of courts, they play just like abitch, excuses,changing judges,lying to court, not aswering produce documents, real work they are.

thhey even lied to get bigger loans from the banks too, everything they do is simply game and they think they are uncatchable, one they big cat FTC will put paw on their neck and that will be the end of nthis dilemma.

but be patient and i can see that you are a warrior for good cause of people and you should do everything that is right by the book and i promise you and the good book of bible promises you to those who wait in patience, god speed to you and fight tooth and nail

[Methuss]

If they continue to fail to provide the answers to your interrogatories and discoveries you can use Estoppel by Silence to quash any attempts to introduce any of those documents and answers later in court.

Estoppel is a principle of fairness in which you ask for something, the other party has a moral and legal obligation to provide answers, the other party fails to answer after repeated attempts to get them to answer, and they try to use it to their advantage later. Simply put, it is a concept of fairness that deception and withholding of evidence should not be rewarded.

[Equaliser]

I'm going to try to flesh this one out a little more. To begin with, after carefully reading the interrogatories, I think these are great. I have no problem with these. Procedurally, before pulling off the Estoppel - which actually means to "estopp" or freeze an action, you should file a notice of motion and motion to compel. You can word it as such:

So and So

vs

Such and such

Please take notice that the court will hear the following motion at a date, time, and place to be determined by the court.

Now comes forth the Defendant, who, under oath, alleges the following:

1. Request for Discovery via interrogatories was sent to plaintiff on (date).

2. Plaintiff returned requests via interrogatories unanswered on (date).

3. Plaintiff is refusing discovery as allowed under the 4th and 14th Amendments of the Constitution of the United States, the Ohio State Constitution, and the FDCPA.

4. Defendant alleges that this debt is not valid, especially since this case was dismissed once before.

5. Plaintiff is abusing process and knowingly filing a frivolous case.

6. Wherefore, the Defendant moves the court to compel the Plaintiff to submit to discovery and comply with the discovery requests of the Defendant.

_______________________

Defendant

Sworn before me this __day of ______, 2005, in the County of _______, State of ___________.

_________________________

Notary Public

My Commission ends________

[THE_PROSELITIGANT]

If they continue to fail to provide the answers to your interrogatories and discoveries you can use Estoppel by Silence to quash any attempts to introduce any of those documents and answers later in court.

Estoppel is a principle of fairness in which you ask for something, the other party has a moral and legal obligation to provide answers, the other party fails to answer after repeated attempts to get them to answer, and they try to use it to their advantage later. Simply put, it is a concept of fairness that deception and withholding of evidence should not be rewarded.

what if you send them discoveries via interragatories and they ask the judge under rule 26 ,there was no schedule order therefore they request to stay the discovery then what you gonna do?

tell me and the judge approves the stay and sets date for initial date for schedule discovery meeting?

what you suppose you do?

[Equaliser]

To begin with, interrogatories are a form of discovery. What is Rule 26 (obviously not a statute) and what are you asking?

[THE_PROSELITIGANT]

NO REASON GIVEN , DEFENDANTS ask the judge order to stay discovery and the order is granted and my request to produce documents motion is stay until initial discovery.

how can i request them to produce since there is a stay for initial conference set already.

and how they could obtain stay of discovery without giving any reason?

[Equaliser]

I'm on my way to a deposition, I'll have to e-mail you on this later. I'm going through this blind because I haven't seen the actual wording of the legal documents. If the defendants are asking for a stay of discovery - that should tell you something - that being they're probably having trouble obtaining the stuff you want. That's good thing. You could press the issue by filing a motion to deny the stay. You'd have to have a statutory or case law reason to deny the stay, and that would require a little research on your part. I'll have a little time tonight to respond more completely. I think you're going to need a primer on legal research, which I can provide. It seems to me - and I'm not sure if I'm still not confused by this - that the court is denying your 4th and 14th Amendment US Constitutional Rights and is thus also taking sides in this case. That may also be grounds for a notice of motion and motion to have the judge recuse himself. E-mail me on my e-mail. I've got some forms I think you might want to consider looking at.

[Equaliser]

Okay, I'm back. Now, before I continue, I would like to advise you to consider talking to a consumer rights attorney who works on contingency so that you don't have to pay a fee and you can sue these twerps. Having said that, I've reviewed these notes. Everybody commenting on them has one thing in common: We're all half blind as we can't see the paperwork on this case. I can tell that you don't understand half of what is going on and frankly what you do talk about is rather confusing to even those of us who have worked within the justice system for 18 years. That you might have made an error in civil procedure is quite possible. On the other hand, the judge may be giving you the raw end of the deal as well. Other than the advice I've already given you, after reading the notes I'm hesitant to say anything else without seeing the actual case file. Based on what I've read - and I can't see a judge doing this because he risks being suspended from the bench - is that he's allowing the plaintiff discovery without allowing you the same right. If that's the case, go with the notice of motion and motion to recuse and file a complaint against this bozo with the Board of Judicial Conduct. Force him off the case. On the other hand, there might be an error you've made to cause this to happen. If that's case, and I can't tell, I couldn't tell you how to fix it without seeing the case file. If nothing else, pay a small consultation fee and see a consumer attorney or find one who works on contingency. I think you're getting in over your head. There's a difference between the abilities of a company of minutemen and a panzer division. At this stage, you need the panzer division!

[THE_PROSELITIGANT]

Today was the initial conference and i was humiliated by the judge againg, all my motions were denied and i am so,pissed.

equilizer please check your mail

thank you

[Equaliser]

I checked my e-mail - nothing. I rechecked my notes and still stand by what I've said. I'm going in this half blind as I have not seen the case file (I mentioned that before) and there are many things that simply don't make sense. I did mention that talking to an attorney would be a good thing at this stage. Looking back at the notes, I can't make heads or tails of what's happening because somebody is missing something and I can't lay my finger on it w/o a case file. I would take and "pm" Methuss and have him review it. Get his take on it. You couldn't get your motions to be accepted. Now is the time for the writ of estoppel Methuss mentioned. You have to do everything you can before filing one, I'd say now is the time. But make sure you did everything right or it will get shot down. Again - talk to a consumer rights lawyer about this.

[DocDon]

What do you mean you were humiliated by the judge?

[THE_PROSELITIGANT]

Dear Friend I thank you for your response

i swnt you another mail and can you be specific if collection agencie discontinues the action against me with prejudice,

can this means that they can not use anything agaist me , in my action against them in federal court?

without your precise advise, i could not be good at my credit i have now.

thank you again ps please check your mail.

[THE_PROSELITIGANT]

I'm on my way to a deposition, I'll have to e-mail you on this later. I'm going through this blind because I haven't seen the actual wording of the legal documents. If the defendants are asking for a stay of discovery - that should tell you something - that being they're probably having trouble obtaining the stuff you want. That's good thing. You could press the issue by filing a motion to deny the stay. You'd have to have a statutory or case law reason to deny the stay, and that would require a little research on your part. I'll have a little time tonight to respond more completely. I think you're going to need a primer on legal research, which I can provide. It seems to me - and I'm not sure if I'm still not confused by this - that the court is denying your 4th and 14th Amendment US Constitutional Rights and is thus also taking sides in this case. That may also be grounds for a notice of motion and motion to have the judge recuse himself. E-mail me on my e-mail. I've got some forms I think you might want to consider looking at.

equiliser

i need motion to deny the stay of discovery and possibly memorandum also for statuary cases. i reallly apprecioate

please help email usgsm@aol.com

thank you