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Under,

 

Sounds like you have some decent case law that supports asking the court to rule in some fashion in your favor.  Now you need to get this in written form.  Writning a motion is very similar to writhing a short story.

 

It will have a title "Motion to Compel Response to Disclosures or Preclude Evidence" or Motion to Dismiss for Lack of Response to Disclosuers".  In the title it should give a top view of what you primiary request of the court is.... 

 

 

It will have an introduction laying out what has tranpired to date of the motion.  This needs to be specific to dates and times and players.

 

Then you will a section called Memorandum of Points and Authorities which is where you insert the different pieces of CPLR Statutes and case law you found to support what you are asking the court to do.

 

Next there will be a conclusion that sums up all the information.

 

Finally a Prayer for Relief, which is the final bullet points you are asking the court to do.

 

Certainly verbal motions can be made at hearings, but best to have a written version that you could supply to the court and help you stay on track.

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So...I got home today (was out since Monday, came back just for this dang court date). And guess what? The law firm managed to get me my answers to discovery! Only a month late and on the eve of my court date. Not only that, but under separate cover I got a Supplemental Notice to admit truth of Facts. Great.

Here's my question: now that they have answered but clearly did so at the last minute, how should I proceed. Douchey lawyer #2 told me they had "just received paperwork I requested" last week, but hark! the paperwork they sent is the same insufficient paperwork they previously sent. I guess lying is a pre-requisite to employment at Pressler & Pressler.

Anyway, in looking over their reply to my question asking for complete chain of title, they answer that it is attached. yet, all it is, is 2 things: first a letter from the OC to a different JDB. This paperwork doesn't have my name, my account number, my address, nothing to identify me or any account for that matter. It doesn't even have an amount owed on it. then there's a without my name or account number, etc. it refers to an "exhibit a" attached, but no such exhibit is attached. How do I annihilate their response that this is a "complete chain of title" wording, please...How do I say "that is not a chain of title" etc? Also, the first "bill of sale and assignment" from Citibank to the JDB#1, looks like it was typed by a 4th grader. It in no way looks even in the same time zone as something official.

My other questions were answered with equal nothingness. The only added paper is an affidavit from someone who works for the JDB saying the reports herein by "expert witnesses" are accurate. Does that mean this man who works at another company has knowledge that the piece of paper with no name or account number or amount owed is accurate?

To my question "Dates constituting proof that the statute of limitations on this debt has not expired" Was answered with "Objection. This interrogatory is improper as it calls for a legal conclusion". What? Isn't this a legal conclusion you would have to know in good conscience to pursue a debt with someone?

To my question of complete payment history, inclusing accounting from a zero balance, all statements, etc., this was also objevted to, as improper, overly broad and unduly burdensome. Blah blah blah, they refer me to the 3 alleged statements from 2010 (which to reiterate, bear no similarity to what I they are suing for)

I should add in the beginning of the document, there is a slew of general objections.

I know they did this (mailed me the same shiz they always had, and waited until the 25th hour to do so, to fluster me. And they lied about waiting to get it)

God, I hate to take this personal, but I hate these people.

Finally, how do I address this tomorrow? I now can't compel their discovery (I had intended to file actually a motion tomorrow at the court to compel)....but how can I let the court/Judge know that I am not pleased that they are clearly playing games, aka not following procedures, and wasting my time? Your honor, I'd like to cite the doctrine of "this is BS" lol

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Document *everything* very thoroughly tonight, make 3 copies of everything you need to prove your case of them dicking around, and at your first opportunity to speak, motion the court to dismiss the plaintiff's claims for failure to respond to your discovery requests. Provide the judge and the other lawyer copies of your 'evidence' and give the rundown.

Unless someone has a better idea....

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Document *everything* very thoroughly tonight, make 3 copies of everything you need to prove your case of them dicking around, and at your first opportunity to speak, motion the court to dismiss the plaintiff's claims for failure to respond to your discovery requests. Provide the judge and the other lawyer copies of your 'evidence' and give the rundown.

Unless someone has a better idea....

@Harry what should I document? I am going to bring the interrogs, in their envelope, but the date alone shows how late it was. How do I document/present, i.e. your honor this answer is clearly BS? They have answered the discovery, just done an evasive and poor job of it. And I'm confused by your suggestion to ask for a dismissal, because when we went over this topic earlier on, and you were kind enough to offer a suggestion, you as well as others suggested other things to be done prior to asking for dismisaal (i.e. motion to compel or order to show cause or sanctions)...now those are out of the question as they did do a half-arse job of answering, so it doesn't follow for me to ask for a harsher remedy than was previously suggested.

I'd like to respond to each of their shoddy answers and strike their merit, but a) I don't know if I will even see the judge in the compliance conference, as their is now discovery outstanding (their new notice to admit for one, B) I have had a long and exhausting day and don't have the mental capacity to spend 3 hours devoted to this right now

If I do see a judge, how do I proceed/ What are you suggesting I document?

Finally--and this is moving forward, can I write a notice to admit? Or can I now ask for a bill of particulars (in NY I couldn't serve bill of particulars before interrogatories, I don't know why they have that rule but they do). What is my next paperwork?

My brain is imploding aaaahhhh

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When I suggested to file a motion to compel I didn't realize they had already been ordered by the court to respond. Part of your argument to have the case dismissed could be that they are in contempt of court.

I know your hearing was today and I hope all went well.

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i dont know your rules, but 1. Yes, ask for a BOP, they failed to respond to your doc request for an accounting. 2. Read in your rules on what to do for failure to reply to your discovery.  So you already compeled them to reply, they did it a month late (2 weeks ago you should have filed for santions, I am thinking)  Read your rules.  Do you have to send a meet and confer first? If not, file for santions now for bad faith.  Ask for the BOS to be precluded since they won't pprovide the complete chain.  Ask for any document you asked for to be precluded.  You get that, and their standing goes down the toilet.  No Bill of sales, No standing.


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@HarrySeaward 1-LOL cause I just got the joke that is your name, you sly devil haha.

2- Thanks for asking--here is a recap: So, the person I referred to as lying attorney #1 actually shows up in court today. Considering he came from NJ, and I am 2 hours out of Manhattan, I hope he enjoyed his trip. Essentially, the date got postponed. The law clerk stated the judge "doesn't like to deal with discovery" and since the slimebags sent me an additional request for discovery (which I also got last night) woops! there is outstanding discovery. What a waste of time. I didn't get to see the judge.

I did ask the attorney why they made me wait until the night before conference to get the interrogatories when a) they were court-ordered to answer them last month B) this attorney gave me his own word a month ago that they were going out the same day and make no effort to inform me otherwise, and c) the documents in question were the EXACT SAME insufficient documents they had send months ago. But these lawyers have their pre-programmed responses, and he stated that they needed to get someone at New Century to sign it. Yes, I questioned that and said "You needed almost a year, and a month after your own attorney agreed to have it in, for one piece of paper to get signed". Of course he had an answer for that which was that oops! there was some mix-up and it just took that long. Of course it couldn't be that they are sleazy scumsuckers who know what they can get away with and wanted to screw me in court by sending it 2 days before court. couldn't be that! I didn't point out that the companies (New Century and Pressler) are owned by the same person because--I'm sure they have an automated response for that query too!

I did tell him that regarding the chain of title I'd requested, the letter from the OC to the JDB who had the account before NCF was not going to remotely cut it, as it lacks my name, date, account number, amount owed, etc (and also looks like a 10 year old created it, definitely not Citibank), and he said "oh well we buy in bulk, what we get has other people's names and personal information on it, you don't want your information out there" (nice try to with psychology 101 to reframe it like they were doing me a favor), and I replied "oh jeez-a-loo, you guys don't have one of those there Sharpie markers, you know, to black out anything like that, don't cha know". He said "oh so you want that statement". Ughhhhhhh. Back in court in March. the rental attorney didn't come today, I think because I scared her. I thank everyone at this board so so so much, because I could tell that court date she was surprised when I questioned her on things, I think they are used to people not showing up or being completely uninformed, and thanks to this board, I was only slightly uninformed (hey we can't become attorneys overnight).

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@shellieh98..thanks for your advice. Unfortunately, no, I never did file motion to compel. I had intended to file it in court today, was ready to, then last night I got their responses. So, they did answer them. They were ordered by the court due to the stipulation both parties agreed to from the last preliminary conference. When I told the law clerk I wanted to see the judge, he said "we don't like to get involved in discovery, if there is more discovery then you must complete that first. The lawyer for opposing side said "we'll send her what she needs in 2 weeks". So, the law clerk was fine with that even if I wasn't. It makes no sense to me how I am, as a pro se litigant, supposed to proceed when I spent time reading case law, rules and procedures, only to be essentially told "eh we don't really follow that". And the lawyers know EXACTLY what they can get away with. This is something pro se litigants can't know, and it truly is not fair. I've seen cases with this particular law firm Im dealing with in NY where they send people a letter that the case is adjourned til the following month 10 days after the conference date. Yes, conference date Feb 10th, letter from Pressler and Pressler dated Feb 20th stating court date adjourned til March 20th. Time and again across NY state. When I called to ensure they couldn't ask for an adjournment without consent (meaning I have to agree to it in writing), I was told by the clerk over the phone "well, they're not supposed to do that but it happens". What the ever loving eff is that? I can't prepare myself with knowledge when there is an unpublished, abridged version of what actually happens that I am not privy to. Sooooo frustrating.

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@HarrySeaward 1-LOL cause I just got the joke that is your name, you sly devil haha.

I have no idea what you're talking about. ;-)

Are you an Adam Carolla fan?

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Ok, then I would consider a motion to compel further responses. In it you would list what you had asked for, and how their answer was deficient. Complete accounting that shows how they arrived at the balance they are suing for, especially if it is different from the statement they have. Chain of assignment to include media from the oc that shows your account was included in the pool of accounts they say are part of the bill of sale they presented, as well as a copy of each of the purchase agreements that shows what the oc. Guarantees. (Does any the the bill of sales have verbiage such as they do not guarantee the accounts except for what is provided in the purchase agreement?). Then list that as one of your supporting arguments. Find any ny case law you can to support you, include it.

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Oh and they are going to play you as much as they can with duh I didn't know that's what you were asking for type responses, so be as clear and concise as you can.

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Thank you @Shellie98. I got the attorney to agree to send the document (which I still doubt exists, or they are going to forge it, in which case I will do my best to prove and skewer them) that includes all the other accounts, and has my pertinent account information. Allegedly. He is to do that by the end of January. Also, I have to answer their Supplemental Notice to Admit Truth of Facts, and I let him know that I would be sending my own further discovery. Still not sure what to call to send, I could do a Notice to Admit Truth of Facts (and I could include statements like "Plaintiff has no other paperwork to prove standing", etc.) or I could do a Bill of Particulars and list actual documents. I'd like to see what they send by 1/31 with regard to their bill of sale from OC to JBD#1...I really don't think they have it, since the reason the lawyer gave was that they didn't send it because it had other people's info on it, like he was too daft to black or white the other stuff out. In any case, I am leaving next Friday 1.24 and won't be back until 2.25...and I have to send my discovery out by the end of the this month, so it will have to be done before they send this ghost document. To your question on the semantics in the bills of sale--the first one ("bill of sale and assignment", supposedly a document from Citibank to JDB#1 is so clearly not from Citibank. No logo, the page is done with a weird font and crappy layout--the fact they are saying this came from Citibank is really laughable. I know 13 year old who could have forged a better Citibank document. And as to the semantics within it, it doesn't say anything about being or not being "guaranteed", the bill of sale from JDB#1 to current JDB does include "without recourse and without representation or warranty of collectability, or otherwise, except to the extent stated in the Agreement". Since the JDB#1 only owned my account for appx. 4 months, I think they realized I had no money right away.

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