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70 days late for Discovery after filing Motion to Compel


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Hi All,

 

Im new to this forum and learning as I go along so please bare with me. Long story short I received a letter from a law firm representing CACH LLC a year ago saying that I owed money for a defaulted credit card. So i sent out a DV letter. At the end of the year I received a package from the law firm. The package contains the last five monthly statement, Bill of sale, and a affidavit. Few months later I receive a summons. Now lets fast forward, on the month of March I sent out all my discoveries. 30 to 45 days go by and i dont receive anything so I sent out a meet and confer letter. Nutting happens after two weeks. I then file a motion to compel for next week the 19th giving them a two week notice.

 

Yesterday I received a package with all the answer to Interrogatories, Production of Documents, and Admissions after 70 days. I guess the motion to compel letter scared them. The document I received where the same papers they sent last year.The law firm objected everything and kept repeating most of the objection, some goes like this; Objection, the request is overly broad, unduly burdensome, and irrelevant blah blah blah Plaintiff further objects as the request seeks to discover documentation that is or should be within the possession of the defendant. In addition, plaintiff is without sufficient knowledge, information or belief as to those documents sent to the defendant by the original creditor. All i was asking for was proof of evidence of the defendants alleged debt to plaintiff, including alleged contract or any other instrument constructed soley for the pourpose of creating a loan agreement between the plaintiff and defendant bearing defendants signature and the contract that legally requires the defendant to pay the amount entered into complaint. So my questions are:

 

Can I strike the The Request for Admission as admit to all since it is passed the 30 days? even though they answered it late.

 

In the affidavit the affiant from original creditor said the original contract/documents where lost or destroyed. How can I remove the affidavit from being used as evidence? and is this enough for them to win judgement?

 

Monthly Statement that where giving are October, November, December, January, and March. February is missing. Is this enough for the court to rule in favor of the plaintiff.

 

Motion to compel for Request for Documents and Interrogattories is next week, what should I do since they sent all the discoveries late but objected 95% of them?

 

Thanks,

 

 

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The time to get them deemed admitted was when they were late, not after they answered. You will have to read your rules carefully and see what to do about non answer vs late answer.

The affidavidt's from the oc says the documents were lost or destroyed? That would be a plus for you as you can question the trustworthiness of the documents they do have since the account is incomplete.

What did they send you besides the 5 monthly statements and the oc affidavidt?

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Just five monthly statements missing the second last(Feb), affidavit, and the bill of sale.Which they purchased for multiple accounts. I believe thats all they have. I could be wrong. Plaintiff has denied and objected my request for the original contract but yet the affiant says its lost or destroyed but "to his knowledge the account and the amount owed is correct". I really dont know what to do about this affidavit.

 

I read the massachusetts rule and it says The plaintiff has 30 days to deny or object to the statements.  If the Plaintiff does not respond to your request for admissions within 30 days, then they have admitted each of the statements in your requests.  The court considers that the plaintiff admits all the statements are true if he does not deny or object to them. So the plaintiff did not answer withing the alloted time

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