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Is it too late to file Motion to Strike


Guest Jary
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I received a Summons/Complaint on the 30th of March, filed my Answers on the 4th of April. Is it to late to file a Motion to Strike the CA Affidavit? Accoridng to Below I believe so.. If so is my best bet to file a Request for Production of Documents?

Mass. Civil Proceduler Rule 12(f) Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon him or upon the court's own initiative at any time, the court may after hearing order stricken from any pleading any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.

Anyone... please...

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I'd request discovery. I'd even try to file a motion to dismiss the case as well. It couldn't hurt.

I received a Summons/Complaint on the 30th of March, filed my Answers on the 4th of April. Is it to late to file a Motion to Strike the CA Affidavit? Accoridng to Below I believe so.. If so is my best bet to file a Request for Production of Documents?

Mass. Civil Proceduler Rule 12(f) Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon him or upon the court's own initiative at any time, the court may after hearing order stricken from any pleading any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.

Anyone... please...

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I will sen them my Request for Production of Documents today.

UPDATE:

I had disputed 4 accounts (one being the account which they are suing me on) on all my CRs and yesterday received my answer from Equifax, the account which they are suing me on that appears as an account from Midland Credit Management aka MRC Receivables was DELETED from my Equifax CR. It was never on my Transunion, my question should I contact Experian and let them know of this?? I think that Midland could not validate the debt with Equifax.

Any suggestions???

I had also sent a DV to another DC that appears on my CR and they sent me a letter back stating the following:

We have received your dispute but we are unable to investigate at this time. You have provided insufficient information to substantiate your claim. We will complete our investigation within 30 days of receipt of the following information:

1. The specific information you dispute

2. An explanation fo the basis of your dispute

3. All supporting documentation to substantiate your claim. Examples may include but are not limited to, photocopy of your drivers license, the identification page of your passport, proof of residency at the time of service, rerceipts, etc.

4. A valid phone number to contact you

Please contact our office to resolve this matter. This is an attempt to collect a debt. yada yada yada..........

How should I respond to this? I had sent them a DV letter with the only information I had on them, the account number and the amount. Any help would be appreciated.

Thanks

Thanks

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I had sent them a DV letter with the only information I had on them, the account number and the amount.

More and more, this is becoming a typical response from CA's. They're trying to skirt the FDCPA by using the FCRA dispute requirments. I treat this type of response as a "no response" and proceed accordingly.

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Will be sending this letter to them:

I previously requested debt validation for this debt which you say is mine, and all I received was a request for details on why I requested debt validation. The reason: I doubt this is my debt and under the FDCPA, it is my right to request debt validation. Since you are reporting this information on my credit report, the burden of proof is on you.

Your request for details is not adequate debt validation. Please provide me with the following information, which I am entitled to according to the following case law:

“Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.”

Provide me with copies of any papers that show I agreed to pay what you say I owe. Example: A signed contract (showing my signature) from the original creditor

A letter of assignment or sale of this debt to you from the original creditor

The complete payment/transaction history starting at the original creditor and continuing with you, so I may know, if in fact this debt is mine, that the debt balance is accurate.

How amount sought was calculated

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Without such documentation, under the FDCPA, you are not allowed to pursue collection activities.

Reporting this collection on my credit report, which is considered to be a continuation of collection activity, is a violation of section 809(B) of the FDCPA, following a request for debt validation, which states: collection agencies must cease collection activities. I am attaching an opinion letter from the FTC on the illegal practice of continuing to report these collections on my credit report without proper validation (Lefevre-Cass letter).

You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $1000’s.

If you do not immediately remove this listing from my credit report, I will be forced to take legal action.

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