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Being sued by Collection Agency, The Saga Begins....


Guest Jary
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Guest Jary

UPDATE: Today I received the Green Card back from sending my responses to Admissions, Int. and POD, with a letter from the Scumbag Lawyer stating the following:

Dear Me:

Please be advised that I have received your response to Plaintiff's First Set of Interrogatories. however, you have failed to provide answers to the questions and have merely objected to most of them. I ask that you return answers to these interrogatories and respond to the questions with the information know (their grammatical error not mine) to you, as required under the rules of civil procedure within the next week.

Also, you have not answered the request for admissions. Please submit a response to each request for admission. You also have not responded to the request for production fully. Kindly forward the remaining documents at this time.

Please respone within one week of this letter. Kindly consider this a request to initiate a discovery conference under District Court S-O 1-04. If i do not receive answers, we will move to compel or strike the responses.

My questions are as follows:

1. How were my answers not complete, I answered what I knew andstated "the defendant objects on the ground that at this time the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. " was that the wrong thing to answer to questions I had no answers to like if i used the credit card, someone else used the credit card, if i authorized someone to use it, if i had received the credit card agreement, if i received monthly statements, if I missed payments, if i believe that $ is due Plaintiff but a different amount is due state why, if I have disputed items, amounts charged that is basically it the rest of the ints. were about why I thought they violated the FDCPA which I answered.

2. I did send my response to the Request for Admissions it was number 4 on my list in the letter I had sent along with all of my responses and my discovery requests to them.

3. I did answer the Request for POD, I do not have any other documents to submit.

4. What can I do now? Any suggestions would be greatly appreciated.

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Bump * for me sorry I really nead help with this.

Jary

You need to see an attorney. The kind of responses you are getting here regarding how to deal with discovery are 1) going to guarantee you lose and 2) possibly end up with you being cited for contempt.

This attorney is clearly giving you ample opportunity to cover your bases before he puts the hammer down on you. BullS**t answers and objections will not work.

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Guest Jary

I will see what I can do. I really did answer most of the Ints. The only ones I did not answer were regarding the account payments, billings, and use.

I will try to consult with an attorney today. I am also waiting for the lawyer to respond to my Request for POD due today. I am so dissapointed I thought I was on the right track. I have been researching and even got samples to answers from the Mass Law Library.

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I have to agree, you need an attorney. This lawyer is doing what lawyers do best - bury you with paper and legalese and using your complete lack of understanding of civil procedure to make you just give up. The only way you're going to get anywhere is to hire an attorney who can fight with the exact same weapons with the same understanding of the law and the procedures.

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They're trying to intimidate you and manufacture some sort of evidence that you are avoiding discovery. You have to fire back at them with confidence. That's the way lawyers think, they want you to fold and not answer their challenges.

Write back that you did, indeed, comply with the rules of civil procedure and that your objections were valid and that you did answer them to the best of your knowledge.

Also remind them that it's up to the Judge to decide if yout answers were evasive, not them and that if their claims were valid, they would have explained exactly which answers that they found to be unsatisfactory.

Then ask them when you can expect the production of documents that you sent them.

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Guest Jary

UPDATE: I spoke with an attorney who I had worked for years ago on Friday. He went over my Responses and said that they seemed fine. He told me to just send the Ints. back with a simple Defendant has no knowledge of XXX answer to the ones I had objected to. He said not to worry that if they have not yet sent anything it means that they do not have anything. He has dealt with this CA and Credit card company before. He went to trial and asked to see a contract with his clients sig and nothing. He advise I stand my ground and if they cannot produce a contract with my signature, or payments or reciepts that the case will be dismissed.

There is a rule here in MA, he explained, that I have to call and remind the other party that their response to my discovery is due before I can file a Motion to Compel. So I did that. If I do not get my request for POD by the end of next week I can fiel the motion and ask on the same that the case be dismissed.

So I am no longer freaking out and am very confident that I will win this case. Thanks so much for all of your help and your comments. I will keep you posted.

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Guest Jary

QUESTION: If I send the CA Lawyer a revised copy of my Answers to Ints does it have to say "Revised" or "Amended" or something in the title or any where else in the document? He asked for a revised copy in his last letter because I had objected to some questions, so I am sending the Answers back just stating "No. The Defendant is without knowledge or information on said Bank credit card, account number XXXXXXXXXXX, at issue in this litigation." or "The Defendant is without knowledge or information on said Bank credit card, account number XXXXXXXXX. Therefore she cannot name or is in possession of any name or address for any person who could have signed said application for Bank credit card, account number XXXXXXX, at issue in this litigation." Depending on the question instead of just objecting to it.

Any ideas, I read the Rules for Civil Procedure in MA but have found nothing yet.

Thanks.

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I think it would be something like "1st amended answers to interragatories."

I'm glad you got to speak with a lawyer about this.

I hope you will read the link below. It is an old AOC thread that Enigma saved. (It says you have to be registered and logged in to download it, but I don't think you do.)

http://www.infinitecredit.com/forums/aoc-archive/2140-tower-rat-legal-strategy_-lesson-everyone-msj-secret-weapon.html

Pay special attention to this part:

The courtroom battle is both a physical game (filing motions) and a psychological game (of chicken).

You do whatever opposing counsel does. If they answer, you answer. If they ask for 10 additional

days to answer, you ask for 10 additional days to answer. If they demand you answer, you demand

that they answer. If the motion to compel, you cross-motion to comple. If they motion to compel

with sanctions, you cross motion to compel with sanctions. Discovery is played loose if anyone

hasn't noticed. Judges don't usually sanction unless an a judges order has been violated. So, there's

little to worry about.

How does this relate to an MSJ? They are waiting for you to answer their discovery requests,

because they have no evidence. Anyone foolish enough to be a good person and answer first, gets

hit with an MSJ. He who files an MSJ first, usually wins, unless the other party files a viale cross

motion for summary judgment, or has enough to overcome the burden of evidence on an MSJ. So,

now you know the reason why when you are a defendant with counter-claims they blow off your

discovery requests.

If you decide to stand your ground and insist that your answers are fine, be ready to file an opposition to their motion to compel discovery that asserts that you you did nothing wrong, as it was their questions that were harassing.

Also file your own motion to compel. They want you to answer before they do so they can file their MSJ first.

I would accuse them of abuse of process and call them out on their scheme to ask you all those questions and requetss for admissions, knowing full well that they are doing so on purpose so they can either file their MSJ or whine to the judge about how you won't answer their irrelevant discovery.

I'm obviously very stubborn and defiant as compared to some, and you're doing the right thing by taking all of our advice into consideration when making your desicions.

I'm also very optimistic. You are way ahead of most new pro-se litigants and are doing better than I did on my first suit.

I know you can beat them, Jary.

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I think it would be something like "1st amended answers to interragatories."

(It says you have to be registered and logged in to download it, but I don't think you do.)

Used to be members only, but we changed that awhile back, figured it would help more people that way!

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Guest Jary

UPDATE: So I have my Motion to Compel all typed up and ready to go. I am just waiting til the end of the

week. I forgot to let you guys know that I had called the CA Atty. (per MA Law I have to confer before I can file

motion to compel) To remind him he had not yet answered my Req. for POD, first its like all automated, then

can't reach him in person, I get transfered to one of his "associates" aka collection agents, who asks for my

name, which I give him, then I proceeded to let him know that this was just a call to remind the atty he has yet

to answer my request, and that it was due as of last friday. Then the "associates" says "can I have the last

4 digits of your ss#", I said "no, I do not need to give you that information the simple Case number with do."

Then he says "if you do not give it to me I cannot discuss this case" I said, "I do not want to discuss my case

with you, I am just calling to comply with state law and let you know that the Atty. has yet to answer my

Request." To which he answers "the atty knows what he is doing" and I reply "So do I, Have a great day sir."

Just Thought I should let you know. I will be filing my Motion to Compel on Monday.

I will keep you posted.

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Guest Jary

UPDATE: I am filing my Motion to Compel today. I have still not received anything from the CA Atty. MA laws give them thirty days it has been 37 days, I already had reminded him via letter and phone. Wish me luck.

My Motion looks something like this:

MOTION TO COMPEL PRODUCTION OF DOCUMENTS

Defendant, ME, Pro Se, pursuant to Mass.R.Civ.P. 37(a), moves the court to enter an order compelling Defendant to produce for inspection and copying the documents described in the attached Request, and requests the Court to grant such Motion based on facts stated below:

1. On April 12, 2007 Defendant served Plaintiff with Defendant's Request for the Production of Documents, a copy of which is attached hereto as Exhibit A, together with a certificate of service with respect to the said Request, seeking production of the documents described in the Request.

2. Plaintiff has failed to serve a response to Defendant's Request, notwithstanding Defendant's follow-up letter dated May 11, 2007 requesting a response, a copy of which is also attached herewith as Exhibit B.

3. Although more than thirty days have passed, Plaintiff has failed to serve a response to Defendant's Request notwithstanding Defendant’s follow-up phone call to Plaintiff’s Attorney, XXXXXXXXXXXX on May 15, 2007 at 1:05pm requesting the status of the Plaintiffs Response to Discovery.

4. The Plaintiff’s Response to Discovery was due no later than Friday, May 11, 2007. To date no Response has been received.

Respectively, Mass. Rules for Civil Procedure Rule 37 Section a(2):

" FAILURE TO MAKE DISCOVERY: SANCTIONS” If a party fails:

2 “in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer or a designation or an order compelling inspection in accordance with the request."

CONCLUSION

Defendant has made good faith efforts to remind the Plaintiff of his responsibilities to answer Discovery, and as of this date, no documents are forth coming nor has he communicated any request for extension. Plaintiff's lawsuit and Motion for Summary Judgment is based on documents and facts that they allegedly possess. Defendant has repeatedly requested these documents and proofs of facts, but has been denied.

Respectfully submitted this _________ day of May, 2007.

__________________

ME

CERTIFICATE OF SERVICE

I certify that the foregoing Motion to Compel Production of Documents was served on the Plaintiff by depositing a copy thereof in a depository of the U.S. Postal Service, by way of certified mail, addressed to the following:

CA LAwyer

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Since you know the attorney is reading this, be careful what you post. Oh yeah, message to attorney:

If you search this forum, you will find that I have taken on and sued companies in the past. There are others even more aggressive than I.

I made $10K last year alone off of attorneys just like you. Keep that in mind.

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JARY.. I just looked up MRC just for the hell of it in the MA Banks Licensed Collection Agencies list, and guess who is not on their list...... Did you guess??? MRC is not Licensed to collect in your state according to their list which says it was updated May 18, 2007. I would check this out if I were you.

Not sure what the rules are in MA. I also looked up MRC and found that they are the same company as Midland Credit Management. My only question is why sue under MRC and not Midland? Just looks very sneaky to me.

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  • 2 years later...
JARY.. I just looked up MRC just for the hell of it in the MA Banks Licensed Collection Agencies list, and guess who is not on their list...... Did you guess??? MRC is not Licensed to collect in your state according to their list which says it was updated May 18, 2007. I would check this out if I were you.

Not sure what the rules are in MA. I also looked up MRC and found that they are the same company as Midland Credit Management. My only question is why sue under MRC and not Midland? Just looks very sneaky to me.

I went through this.

FYI: In mASS, If its an Attorney Involved They Are Exempt! Corruption @ its best! I had the AG's Office Update the AG's Website, they were hiding it over a year until I bItched them out with this!

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