CaCH, LLC-McHughes Law Firm

[LeoGoddess]

Good afternoon everyone,

 

 I just recieved a letter from CACH,LLC-Mchughes Law Firm. I did send Request for Admissions, Interrogatories and Request for Production of Documents. The attorney's office sent me back what i sent them with the same statements attached. Their letter states:

 

I'm needing advice for the response i recived from the CACH's attorney in response to my motion to confer letter they responded to well over 10 days of me sending it to them.

 

 

Letter from Attorney:

 

 

We have received your letter dated 6/6/13 insisting on our answers to your Request for Admissions, Interrogatories, and Request for Production of Documents. Our office has answered all of the above stated on 5/8/11. Enclosed please find a second copy of these documents.

 

In resoinse to your request that these documents be completed without ojbections, all objections made in these documents are done in accordance with the Arkansas Rules of Civil Procedure. Specifically, Arkansas Rule of Civil Procedure 32 ( (1), in regards to Interrogatories, states:

 

"Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reason for objectuion and shall answer to the extent the interrogatoy is not objectionable." ARCP Rule 33 (emphasis added).

 

Similarly, Arkansas Rule of Civil Procedure 34, in regards to Request for Productions, states "the response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to in which event the reasons for objection shall be states." ARCP Tule 34 (emphasis added)

 

All Objections are listed and the reason for them is stated, however, documents were attached in response to the Request for Productions

 

Sincerely,

 

McHughes Law Firm

 

[Huey Pilot]

We have received your letter dated 6/6/13 insisting on our answers to your Request for Admissions, Interrogatories, and Request for Production of Documents. Our office has answered all of the above stated on 5/8/11. Enclosed please find a second copy of these documents.

 

----------------------------------------------------------------------

 

​If they did answer your discovery - then where did they send the documents if you don't have them. Request proof.

 

Many times the Court won't accept filings for discovery but here is a good case in point of why it's important to show the date you requested these documents the first time and prove that the JDB is late and you are authorized sanctions. Hopefully you sent your discovery requests CMRRR. 

 

This almost sound to me like a clever way to get around late document submittal and providing copies at a later date hoping you won't take notice or further action. I'd petition the court for sanctions and discovery violations. 

 

HP

[LeoGoddess]

Thanks for you response Huey, i did send everything to them via CMRRR. They sent back what i sent them after i sent the Meet & Confer letter

[LeoGoddess]

I think it's time for me to send a Motion to Compel??

DEFENDANT’S MOTION TO COMPEL

 

            Defendant xxx xxxx moves the court for the entry of an Order directing Plaintiff to

 

produce to Defendant the document described in the request to produce which is attached as an

 

exhibit to this action.  The basis for the relief requested is set forth below.

 

            On [date you sent request to produce to Plaintiff’s lawyer], Defendant sent to Plaintiff’s

 

Counsel by U.S. Certified Mail the request to produce, a copy of which is attached as an exhibit.

 

            Despite the passage of 30 days (in addition to 5 days, as this request was sent by U.S.

 

Mail for the services of Plaintiff’s counsel*) of this request on Plaintiff’s counsel, Plaintiff has

 

not  produced the requested document to Defendant or contacted Defendant to state

 

that the document is available for inspection and copying.

 

Defendant hereby requests that this court enter an Order directing Plaintiff to produce the

 

document requested by Defendant in the request to produce, and provide to Defendant such

 

other and further relief to which Defendant may be justly entitled to under the circumstances. 

 

 

xxxxx                     

                                                                                    [xxx xxxx]

                                                                                    [123 postal code]

 

CERTIFICATE OF SERVICE

 

            I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U.S. Mail to:     McHughes Law Firm , this ______ day of      July        , 2013

 

 

                                                                                    [xxxxxx]                                 

                                                                                    [xxx]

[Mantis Knight]

Here is a link to a Motion to Compel being filed against McHughes. This motion is for them just not answering, but you could tailor it for a failure to conform to Arkansas Civil Procedure.

https://docsdms.pulaskiclerk.com/DocsDMS/Default.aspx?A=3/ck_image.present?DMS_ID=6AAKK5OE54S3BYT1PEJD4AQFOSXMVE

[LeoGoddess]

Thanks, Mantis Knight.

 

I'm wondering if i should send this 'Request for Production of Documents.' If i'm not mistaken this is something posted by you on another post. I really like these questions. Should i send these to see what i get? Or just go ahead and the file the motion?

 

'Request for Production of Documents.' 

 

 

1. Please provide original signed application establishing the alleged account.
2. Please provide charge slips bearing defendant's signature which establish use of the alleged account.
3. Please provide the original written agreement in which Defendant allegedly assented to the terms of the account.
4. Please provide a complete history of the alleged account from day one, establishing the legitimacy of the alleged balance sought.
5. Please provide any document setting forth the choice of law provision.
6. Please provide any document Plaintiff intends to introduce at trial which establishes the exact day the alleged subject account went into default.
7. Please provide any document produced by Plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce.
8. Please provide any recording or transcript of any recording of telephone calls in which Defendant disputed the alleged amount owed.
9. Please provide any cancelled checks or copies of cancelled checks, or other verified payments on the alleged account Plaintiff intends to introduce as evidence at trial.
10. Please provide proof of mailing of monthly statements.
11. Please provide any documents evidencing that Defendant retained monthly statements for an unreasonable amount of time.
12. Please provide any document produced by Plaintiff in the normal course of business defining "unreasonable amount of time."
13. Please provide any documents establishing the chain of custody 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 should show the account number and name of the account holder.

Be sure to include what's called a 'Certificate of Service' -- which is nothing more than a statement that you have sent the plaintiff the info. Here's an example....

CERTIFICATE OF SERVICE

I hereby certify that I have this 00th day of May, 2013, served Law Office XXXXX, City, State, Zip with the foregoing “Request for Production of Documents” by placing same in the U.S. Mail with sufficient postage for Certified with Return Receipt service attached.



_________________(signature)

Your Name

[Mantis Knight]

They will object to every one, or at least they did in my Wife's case.  Can you link to what Request for Documents you sent and how they answered, I'm not finding it from your profile.

 

In order to get a compel you will need to show how the request will result in admissible evidence. Here is what I included in my Meet and Confer with a different attorney and it seems to be getting a response. In my case they failed to label which attachment went to which request, and simply stated "if available will supplement".  In your case it looks like Objections. You need to show that the item sought can result in admissible evidence, is relevant to the pending action, and relates to the claim or defense.

While I appreciate your attempted response to propounded discovery, I find the vast majority of Plaintiff's RFP's wholly inadequate, incomplete, evasive, and non-responsive. Moreover, the loose documents enclosed with RFP response are not identified or numbered as exhibits to the individual RFP. Therefore, it is impossible to determine the appropriate and correct response. Ark R. Civ. P. 34 requires the documents be organized and labeled to correspond to the request.

 

Additionally, inappropriate objections have been asserted to Defendant XXXXXX Request for Production of Documents. I am asking that you withdraw all objections and provide full, complete, accurate, and adequate responses to all RFPs.

 

Claims of Relevancy as an Objection

Plaintiff has objected to propounded discovery based on relevancy. As you know the Arkansas Supreme Court has repeatedly stated, "the rules of discovery are to be liberally construed." First Nat'l Bank v. Newport Hosp. & Clinic, Inc., 281 Ark. 332, 663 S.W. 2d 742 (1984).

 

Arkansas Rule 26( (1) of the Arkansas Rules of Civil Procedure defines the scope of discovery as follows:

Parties may obtain discovery regarding any matter not privileged, which is relevant to the issues in the pending actions, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party..., It is not ground for objection that the information sought will be inadmissible at the trial, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

 

Arkansas's rule is slightly modified version of Federal Rule of Civil Procedure 26, The federal rule has been well recognized as "envision[ing] generally unrestricted access to sources of information, and the courts have so interpreted it." Wright, Miller, Marcus, Federal Practice and Procedure §2007 (1994) (quoting Horizons Titanium Corp. v. Norton Co., 290 F.2d 421, 425 (1st Cir. 1961)). Likewise, Arkansas courts have interpreted the rules governing the scope of discovery liberally. See, e.g., Marrow v. State Farm Ins. Co., 264 Ark. 227, 237 (1978) ("The goal of all discovery is to permit a litigant to obtain whatever information he may need to prepare adequately for issues that may develop without imposing an onerous burden on his adversary.")

 

 

[BV80]

Personally, I don't agree with request #'s 10, 11, and 12.

 

They're not required to provide proof of mailing monthly statements.  All they have to show is that they have procedures in place to mail statements.   I think one would only use that request if they never got any statements in the mail.

 

#'s 11 and 12 might work if one ever disputed an incorrect billing statement, but if you've never done so, those 2 don't help.

[Mantis Knight]

Yup, and they object to 2 because third party vendors and account holder would be the only ones with them.  It was our first outing in Request for Discovery and I think we found them here on another post. 

 

Choice of law doesn't work well for Arkansas as they removed our ability to easily use it back in 1999.  It can be argued, but was beyond my wife's ability so we moved on. 

 

The original contract is good, but they will claim that the using of the card and alleged "statements" they have prove acceptance of a contract without needing an original signed on.

 

#13 is one to hit. They are going to send just a Bill of sale, which mentions other documents without providing the other documents. None of this will likely have your name or account anywhere on them.