DooleyMoe22

Served by Unifund in Mass *UPDATE* Win!

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another case management conference/hearing tomorrow. According to the judge, discovery was to be completed by june 1st. Still no response to my production of documents request or my meet and confer letter. Will hammer that point tomorrow that they are refusing to participate in discovery (and have all my certified mail receipts to prove I responded to theirs and sent my own requests).

 

ANy other suggestions?

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You sent a meet and confer over 10 days ago? You have to file a motion to compel. If you don't, they will know you are a doormat and will walk all over you.

 

You sent discovery request, they ignored you.

You sent M&C, they ignored you.

 

File a motion to compel and hand it to them tomorrow (as well as mail it to their office, tomorrow is a courtesy copy).

While you're at it, if I were you, I would also hand them a request for admissions. Let them ignore that and have their entire case fall apart. I would also put in there for them to admit that they did not respond timely to your other discovery or your M&C.

 

But that's just me.

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Thought it over last night.... just finished:

 

Motion to compel discovery (with proof of mailing of original request, copy of request, and copy of meet and confer)

 

Motion to deem admissions admitted (with proof of mailing of original request, copy of request, and copy of meet and confer)

 

Will hand them over with a smile this afternoon.

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Thought it over last night.... just finished:

 

Motion to compel discovery (with proof of mailing of original request, copy of request, and copy of meet and confer)

 

Motion to deem admissions admitted (with proof of mailing of original request, copy of request, and copy of meet and confer)

 

Will hand them over with a smile this afternoon.

 

Oh, they ignored your admissions request?!? A motion to deem admitted will slam dunk this one. Nice! 

 

Good luck today!

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12.   Admit that Plaintiff is not the legal owner of the debt that is the subject of this lawsuit

 

This is your killer right here. If the judge agrees to deem your admissions admitted, you've got them by the short hairs.

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So a bit of a frustrating day yesterday....

 

basically... judge would not let me file my motions, plaintiff lawyer claimed they had sent admissions and had not gotten my request for documents (even though I had proof of delivery). Was forced to go sit down with plaintiff attorney.... I told him (attorney) he was wasting his time and I'd fight this tooth and nail, etc....

 

back to see judge, who tries to get me to admit the account is mine (i say I have seen no proof until today, and based off of what I'd seen today I would deny it... did not mention the obvious standing issue though)...

 

In the end... 30 more days for plaintiff to respond to production of documents, case management conference 30 days after that.

 

based on what they send and the objections to the admissions, I should have a new set of admissions and document requests, correct?

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Check your courts rules. Some courts make admissions deemed admitted automatically. If they can't prove they sent them you can still file your motion.

 

The judge may not have let you file the motion at the conference but you are still entitled to file it I would think.

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The Plaintiff's claims are worthless if they don't have proof they sent those admissions back. According to Rule 36:

 

 

The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission either (1) a written statement signed by the party under the penalties of perjury specifically (i) denying the matter or (ii) setting forth in detail why the answering party cannot truthfully admit or deny the matter; or (2) a written objection addressed to the matter, signed by the party or his attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him.

 

Failure to respond means that the requests are admitted. File your motion to have them admitted. Make them prove they responded in a timely manner. Don't let them off the hook and push the judge to follow the rule.

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I can still mail in the two motions (to compel discovery and deem admissions), judge would not look at them. Plaintiff said they sent admissions on time but only proof was his own signature on the 'service' section of the document. Judge believed him and said it was a 'miscommunication'

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1.      Admit that Plaintiff has provided to Defendant all the records and/or documentation that Plaintiff intends to present at a hearing of this matter.

Response: Denied, Plaintiff intends to provide supplemental documentation.

 

 

2.      Admit that Plaintiff does not have and cannot produce the original signed application establishing the account.

 

Response: Denied, Plaintiff has to date not supplied signed application but will attempt to do so.

 

3.      Admit that Plaintiff does not have and cannot produce the original agreement in which defendant allegedly assented to the terms of the account.

Response: Objection, request is overly broad and vague

 

4.      Admit that Plaintiff does not have and cannot produce charge slips bearing defendant’s signature that establish use of the account.

Response: Objection, request is overly board and argumentative. Without waiving said objections, Plaintiff states it has not produced signed charge slips

 

5.      Admit that Plaintiff does not have and cannot produce a complete history of the account from day one, establishing the legitimacy of the balance sought.

Response: Denied

 

 

6.      Admit that Plaintiff does not have and cannot produce any document setting forth the choice of law provision.

 

Response: objection, request is unclear and vague

 

7.      Admit that Plaintiff does not have and cannot produce any document that established the exact day the subject account went into default.

Response: Denied

 

 

8.      Admit that Plaintiff does not have and cannot produce any documents produced by plaintiff in the normal course of business which states and defines the exact statutes and choice of law provisions the plaintiff seeks to enforce.

 

Response: 'Objection is overly broad, unclear and vague' (yes typed just like that)

 

 

9.      Admit that Plaintiff does not have and cannot produce any recording, transcript or record of any telephone calls in which defendant disputed the alleged amount owed.

 

Admitted

 

10.   Admit that Plaintiff does not have and cannot produce any cancelled checks or copies of checks, or other verified payments on the account.

 

Denied, to date, plaintiff has not provided copies of checks, but will attempt to do so

 

 

11.   Admit that Plaintiff does not have and cannot produce proof of mailing monthly statement.

 

Denied

 

 

12.   Admit that Plaintiff is not the legal owner of the debt that is the subject of this lawsuit

 

Denied

 

 

13.   Admit that Plaintiff does not have and cannot produce any document evidencing that defendant retained monthly statements for an unreasonable amount of time.

 

Objection, request is unclear, vague and terms not defined

 

14.   Admit that Plaintiff does not have and cannot produce any document produced by plaintiff in the normal course of business defining ‘unreasonable amount of time’.

Objection, request is unclear, vague and terms not defined

 

15.   Admit that Plaintiff does not have and cannot produce documents establishing the chain of customer of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees, these documents showing the account number and name of the account holder.

Objection, request is overly broad and terms undefined. Without waiving said objections, plaintiff has provided chain of title documents.

 

 

16.   Admit that Plaintiff does not have and cannot produce the forward flow document governing this transaction.

Objection, request is overly broad and terms undefined.

 

 

Signed by a Chris Blanton, 'authorized representative' for Unifund Corporation

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It looks like you've already requested for the documents they've denied at least as far as I can tell from what you posted previously. See what they come back with. Anything they claim they have but refuse to produce is something you may want to compel from them.

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So...its been awhile...an update:

 

I filed my motion to deem admissions admitted with the clerk ahead of the next pre trial conference. However, on deep thought and knowing how frustrated I was at the local court and judges dismissive attitude towards me representing myself, and apparent willingness to overlook court rules and procedures when they benefited the JDB, I decided to go to the next hearing armed.

 

I went with the motion to deem admissions and also drew up a motion to compel arbitration through Jams. The contract provided through discovery just had AAA, however I had another copy that had both JAMS and AAA. I spoke to the JDB lawyer before and said if he fought the arbitration motion I would hammer him with the motion to deem. In session I submitted the motion to compel, the judge, of course, declined to act on it, asked the JDB lawyer if he opposed... he said he had a different contract, I produced a notarized affidavit (signed by myself) that the contract I had was the correct one. JDB said arbitration was ok, judge still refused to compel and set next pre trial 3 months later.

 

Later that month, I follow the arbitration advice on other threads here and initiate with JAMS. It takes 2 weeks but I get a response with a case number, letting me know the first payment from JDB ($800 including fees for both of us that the JDB had to pay).

 

I waited two weeks, then contacted the JDB by email, asked him if he was going to send the $800 to me or directly to JAMS. I then proposed a settlement, noting that this was just the first $800 and they were going to be out of pocket 4-5k by the end, and they still faced the same problems with evidence they had before. I proposed that I would drop the arbitration (and all my claims concerning debt collection violations, etc), in exchange for payment to me of $500, dismissal with prejudice and removal of all negative tradelines.

 

I got a response a couple days later, an offer to dismiss with prejudice in exchange for arbitration dismissal. They stated that no info on this account was reported to CRA's (I have not verified this yet).

 

I've just returned the first revision of their proposed settlement document, clarifying the 'with prejudice' part (the proposed order said this, but the agreement did not specify it), the removal of any negative credit info, that the debt would not be sold, and I de-lawyerfied as much of the language as possible. For example, each time myself or the JDB were mentioned, it had:

 

JDB on behalf of itself,  its issues, affiliates, subsidiaries, former, present and future directors, officers, employees, agents, servants, consultants, representatives, fiduciaries, administrators, executors, And attorneys, hereby voluntarily remises,  releases and forever discharges.... 

 

I am ok if they want it on the  dismissal side, however I removed most of it when referring to myself, and added the OC name, and changed arbitration to 'Arbitration Initiation'. 

 

Currently waiting for the response, however I regard this as settled.

 

Thanks everyone for the great advice. I learned a ton both directly from you and from the research I did as a result of our conversations. Cheers!

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