ldc12

I think I screwed up.. Need HELP! sued by CACH

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Tomorrow I have to show up to court for a Motion to Compel I filed against the Plaintiff Cach LLC. The reason I filed was because cach attorney law firm did not answer any of the discoveries. I sent out a meet and comfort letter and no luck. Two weeks later I filed the motion to compel and I received all the discoveries 7 days after BUT with all objections.

 

Today I was calling some lawyers for a free consultation. As soon I hung up, my phone started ringing so I picked it up thinking it was the lawyer, but it wasn't it was the law firm asking if I was going to show up to court tomorrow and I said yes because they objected everything. I think I accidentally gave them a tip off. I'm so mad with myself that I got caught off guard.

 

So my question is did I screw myself?

 

This is the 3rd time I received a call from the law firm. I sent them a DV and cease and desist letter on July 2013 did they break any FDCPA laws by calling me?

 

What can I expect tomorrow at court? knowing that they will be ready to counter the late discoveries?

 

Admissions is 70 days late how can I have the Judge rule them as admit to all?

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You did not do anything wrong. As long as it is the paralegal or attorney calling you, they can since you are not being represented by an attorney. If it is a debt collector calling, that is a different story. They can call to discuss the case with you or ask questions.

 

The judge may order them to answer some or all of the discovery within a certain amount of time. If they objected the first time, chances are they do not have the information you requested.

 

Good Luck.

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Thanks. What should I do about the Admissions? I have a question in the admission saying 'Plaintiff is not entitled to collect this debt'. I want the judge to rule them as admit so i can use it against them but I don't know how to bring it up in a good way for him to side with me.What would be an appropriate law/legal term to use?

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Well since you filed a motion to compel discovery ( or did you just specify docs?) I would ask the judge while in the hearing that they be deemed admitted. It has been 70 days, and a compel motion later.

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I just specified Discovery and Interrogatories on the motion but i attached the meet and comfort letter with the motion which says to answer all 3

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@ldc12

Read your rules of civil procedure on Admissions to prepare yourself for tomorrow. Good luck.

 

http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp36.html

"Each matter of which an admission is requested shall be separately set forth. 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. . .

 

(b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. . . "

 

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I just got back from court and the motion to compel was denied! :waah:  :<img src=:'> XhairX

 

This is what I told the Judge:

Your honor Im here today because I requested a motion to compel. I mailed discoveries on April 5th 2014 and did not receive a response. In good faith on May 19th 2014 I asked plaintiff to comply with the intention to settle without judicial intervention and they failed to do so. On my 3rd attempt I filed a motion to compel on June 5th 2014. 7 days after I received the discoveries on June 13th 2014 totaling 70 days late with insufficient and inadaquate responses without substance.

 

Then I asked your honor persuant to the provisions of rule 36 of the massachusetts rules of civil procedure I ask of you that the admissions be deemed admitted and all Interrogatories/Documents would be answered without objection. DENIED!

 

I felt so close of having this case dismissed but now my motion got denied. What sould I do next?

 

I will post the Affidavit, Bill of Sale, and Statements so you guys can help me. I need help........ xhitwallx  when it rain it pours.

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See attached.. The attached files are what CACH LLC sent for DV and Production of Documents. Thats all they have against me. Can I move for Motion of Summary Judgement?

 

1. Lack of proof

2. Affiant lacks the necessary knowledge

3. Affiant lack sufficient and supporting exhibits

4. Improperly executed

5. Plaintiff failed to produce

6. Plaintiff lacks evidence.

7. Plaintiff lacks standing

 

 

 

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 As far as the admissions, it is a very cut and dry issue, over 30 days has elapsed they are admitted.Did the judge give a specific reason for denying that?

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Can anyone help me. I don't know how to proceed on filing the MSJ with the evidence I attached. Is it enough to file?

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He said plaintiff already answered the admission so he denied the motion.

Is the judge correct? Did CACH answer your RFA? I thought you said they didn't respond to your request for admissions. 

 

Can you post your discovery requests and their responses? 

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@Brotherskeeper

 

Post #11.  He said plaintiff already answered the admission so he denied the motion.

@ldc12 wrote at post #1: "Admissions is 70 days late how can I have the Judge rule them as admit to all?"  

 

@BV80  Forgive me, I'm kinda slow. So, even though the JDB did not follow the requirements of MCRP 36, the judge allowed a longer time, ruled the response to admissions were rule-compliant, and the objections were justified? 

 

 "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, . . ."

 

". . . The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served."

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@Brotherskeeper

 

You're not slow.  :-)  Unless a rule is very clear, I read it over and over again.   Also, I make my own share of mistakes.

 

The rule says that a court can allow a longer time to respond.  That would appear to mean that it's up to the judge.

 

 The party who has requested the admissions may move to determine the sufficiency of the answers or objections.

 

 

The OP didn't say that he moved to determine the sufficiency of the answers or objections.  He motioned to compel responses.  A motion to compel responses usually means responses haven't been provided.  It may be that when responses have been made, one has to file a motion to determine the sufficiency of those responses.

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I just got back from court and the motion to compel was denied! :waah:  : :censored:: XhairX

 

This is what I told the Judge:

Your honor Im here today because I requested a motion to compel. I mailed discoveries on April 5th 2014 and did not receive a response. In good faith on May 19th 2014 I asked plaintiff to comply with the intention to settle without judicial intervention and they failed to do so. On my 3rd attempt I filed a motion to compel on June 5th 2014. 7 days after I received the discoveries on June 13th 2014 totaling 70 days late with insufficient and inadaquate responses without substance.

 

Then I asked your honor persuant to the provisions of rule 36 of the massachusetts rules of civil procedure I ask of you that the admissions be deemed admitted and all Interrogatories/Documents would be answered without objection. DENIED!

 

I felt so close of having this case dismissed but now my motion got denied. What sould I do next?

 

I will post the Affidavit, Bill of Sale, and Statements so you guys can help me. I need help........ xhitwallx  when it rain it pours.

@BV80

I'm not certain how to read the above bolded part; obviously a few commas are missing. If I read this correctly, the motion to compel was filed on 6/5/14, and @ldc12 received discovery responses back 7 days later on 6/13/14--after the motion was filed. The motion as filed likely argued the JDB's responses were insufficient because CACH failed to respond, rather than arguing that JDB's responses as given were insufficient or JDB's objections were not justified. Oral argument at the hearing didn't persuade the judge to grant anything OP asked for. The phone call OP received from the CACH attorney asking if OP was still going forward with the motion was telling in hindsight. Seeing the OP's discovery requests and the JDB's answers would be most helpful. 

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I thought they answered the Rogs and doc requests with objections, I thought they didn't answer the admits at all. @ldc12 can you clarify ?

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@BV80

I'm not certain how to read the above bolded part; obviously a few commas are missing. If I read this correctly, the motion to compel was filed on 6/5/14, and @ldc12 received discovery responses back 7 days later on 6/13/14--after the motion was filed. The motion as filed likely argued the JDB's responses were insufficient because CACH failed to respond, rather than arguing that JDB's responses as given were insufficient or JDB's objections were not justified. Oral argument at the hearing didn't persuade the judge to grant anything OP asked for. The phone call OP received from the CACH attorney asking if OP was still going forward with the motion was telling in hindsight. Seeing the OP's discovery requests and the JDB's answers would be most helpful. 

 

The OP said that he received responses 7 days after he filed the MTC.   That implies that the motion was based upon their failure to respond.

 

Again, it could be that compelling responses and motioning to determine the sufficiency of responses are 2 different motions.  He needs to find out.

 

@shellieh98

 

I thought they answered the Rogs and doc requests with objections, I thought they didn't answer the admits at all.

 

 

The OP said that the judge said that they answered the admissions.  I'm wondering if that 70 days he referenced applied to all of the requests.  Then, 7 days after he filed the MTC, they answered all of the requests including the admissions.  If that's the case, perhaps he was asking about the admissions because he just wanted to have them deemed admitted because, although they were answered,  the responses were late.

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Tomorrow I have to show up to court for a Motion to Compel I filed against the Plaintiff Cach LLC. The reason I filed was because cach attorney law firm did not answer any of the discoveries. I sent out a meet and comfort letter and no luck. Two weeks later I filed the motion to compel and I received all the discoveries 7 days after BUT with all objections.

 

Today I was calling some lawyers for a free consultation. As soon I hung up, my phone started ringing so I picked it up thinking it was the lawyer, but it wasn't it was the law firm asking if I was going to show up to court tomorrow and I said yes because they objected everything. I think I accidentally gave them a tip off. I'm so mad with myself that I got caught off guard.

 

So my question is did I screw myself?

 

This is the 3rd time I received a call from the law firm. I sent them a DV and cease and desist letter on July 2013 did they break any FDCPA laws by calling me?

 

What can I expect tomorrow at court? knowing that they will be ready to counter the late discoveries?

 

Admissions is 70 days late how can I have the Judge rule them as admit to all?

@shellieh98

It appears the CACH attorney sent everything asked for 7 days after the motion to compel was filed.  All requests were objected to. Perhaps the OP did not follow the discovery rules. It seems that the judge didn't buy the OP's oral argument at the motion hearing that CACH should be ordered to respond without objection, or that the admissions should be deemed admitted over any objection. 

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To clarify any confussions CACH did answer the Admission, Interrogatories, and request for documents after I filed the motion to compel.

 

See attached. Admissions

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