mmass

Help with Plaintiffs responses to admissions

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I am sued by Cavalry and have requested admissions. Their response is to admit but claim I have not requested the related document through discovery.

Example: My request: Plaintiff has not provided Defendant with a copy of an application for a credit card account...

Response: CSPV admits the allegations, defendant has not requested it through discovery.

 

In my request for documents, I have requested "Any credit application, contract, or other agreement..."

 

Do I make a second request for the application and be any more specific? Is this a matter that has to wait until trial? Is it possible that the admissions respondent is unaware of the request for documents?

 

I could use a little help figuring this out.

 

Thanks!!!

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Well that admission isn't really going to help you except for you could get an application precluded. ( that won't help much if they can show you used the card) but you could send them a meet and confer letter highlighting where you requested that document. Were ether any more damming request where they answered that way?

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Thank you Shellie. There were a few others:

Plaintiff does not possess an original or copy of an application...

Plaintiff does not possess an original or copy of any Agreement or Terms and Conditions...

Plaintiff has not provided Defendant with Bills of Sale... (related to Cavalry purchase of account)

Plaintiff has not provided Defendant with copies of any account statement...

 

All were answered as admitted but claimed I had not requested them through discovery.

 

I'm not sure if any of these are important because they have the right to supplement until the end of discovery. I was more concerned whether I need to do anything like make a second request before discovery ends.

 

 

There were two request/responses that I might be able to take advantage of:

1. Plaintiff is not licensed in the Commonwealth of Massachusetts Division of Banks as a "debt collector" as defined by 209 CMR 18.02

Response: CSPV admits the allegations, as a passive debt buyer it is not required to be licensed.

2. Plaintiff has filed a civil complaint with the intent of directly collecting a debt allegedly owed by the Defendant.

Response: CSPV admits the allegations.

 

In Mass, the CMR defines a debt collector as someone who attempts to directly or indirectly collect a debt. Passive debt buyers typically claim not to be "collectors" in most cases I have read. I am hoping these two admissions together might be helpful. I did not request proof of being a "passive" debt buyer in discovery - I'm not sure I should call any attention  to this by requesting it now. Since the above #1 paragraph was at the very beginning of the RFA and #2 at the very end, the respondent may just have been tired...

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@mmass

 

Plaintiff has not provided Defendant with Bills of Sale... (related to Cavalry purchase of account)

Plaintiff has not provided Defendant with copies of any account statement...

 

All were answered as admitted but claimed I had not requested them through discovery.

 

 

The plaintiff's responses to those 2 requests are valid.  They didn't say that they didn't have those documents.  They admitted that they hadn't PROVIDED them because you didn't ask for them. 

 

 

In Mass, the CMR defines a debt collector as someone who attempts to directly or indirectly collect a debt. Passive debt buyers typically claim not to be "collectors" in most cases I have read. I am hoping these two admissions together might be helpful.

 

 

This is the part of the MA code to which they're referring:

 

Debt collector shall also include any person who buys or acquires debt that is in default at the time of purchase or acquisition and who seeks to collect such debt directly

 

In other words, they're claiming that they never directly tried to collect the debt.  They always hired other collection agencies.  But, I'm thinking that suing for a debt is a direct attempt to collect.

 

Spaulding v. LAJOIE, Mass: Appeals Court 2014

We affirm so much of the order, dated March 1, 2013, as concludes that Spaulding and her business entities are prohibited from engaging in the business of debt collection, including collection and judicial enforcement of judgment debt, unless licensed as a debt collector, or undertaken through a duly licensed attorney.

 

The above says that in order to judicially enforce the collection of a debt, one must either have a license or seek collection through a licensed attorney.  That appears to say that  a passive debt buyer can sue as long as it's represented by a licensed attorney, but I'm just not sure.

 

I'd contact an attorney and ask some questions. 

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...but in that last request '...intent of directly collecting..." to which they admit, aren't they admitting they are attempting ot collect directly?

 

As for the documents, I did ask for them. I'm not sure why they say in RFA that they were not requested...

 

Thanks BV for the case reference!

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@mmass

 

That's what I meant about filing suit being a direct collection effort.  As you pointed out, they admitted it.  But, the law still references a licensed attorney.  That's the part you need to check out.

 

You asked for the documents in a request for production of documents?   The reason I ask is because some people have made requests in their answer to a complaint.  

 

If you did make proper requests, how did they respond?

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I had separate Answer, Req for Documents, Req for Admissions and Req for interrogatories. I have received some documents (statements 2 mo. prior to charge-off and Bill of Sale with no supporting affadavitt). They have also answered admissions but not interrogatories yet. There's about 30 more days til end of discovery.

 

They also supplied one statement prior to my RFD (probably in response to my answer to complaint -- there was nothing attached to the complaint).

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@mmass

 

What was their exact response to your request for the bill of sale?

 

Did you also request a copy of the cardmember agreement?  If so, what was their exact response to that request?

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I did not receive a response specifically for production of documents - only a response for admissions.

 

The Bill of Sale and statements that I received were mailed with a cover letter from attorney that essentially said these were documents that I requested. But my request included these as well as original contract/agreement, correspondence, etc.
There was another copy of CC statements enclosed with the response for admissions but no reference to them.

 

In the case where my req. for admissions was: Plaintiff has not provided Defendant with Bills of Sale... (related to Cavalry purchase of account)

Response was: "Plaintiff admits this allegation but defendant has not requested same through discovery."

 

Perhaps the issue is that the law firm is providing the documents they have but Cavalry is responsing to admissions and aren't aware of what the other is doing???

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@mmass

 

Perhaps the issue is that the law firm is providing the documents they have but Cavalry is responsing to admissions and aren't aware of what the other is doing???

 

 

No.  The attorney is representing Cavalry, so he responds to everything in Cavalry's name.  No one personally at Cavalry sends answers to discovery requests.  That's the attorney's job.  If you hired an attorney, he would consult with you regarding your responses to requests, but he would answer for you and send the answers.

 

Just to make sure that I'm understanding you correctly, you sent a Request for Production of Documents and a Request for Admissions?   Did you send the doc requests and admissions requests together?

 

They only responded to the admissions requests?

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@mmass

 

Okay.  Check your rules.  You may need to send a meet and confer notice which basically says that you sent certain requests on whatever date, and they didn't respond.

 

Did you happen to send the requests by certified mail?

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Yes, it was certified (thanks to everyone on this site!). I have a final request for answers and production prepared and if I don't see anything by discovery end, that's my next step.

 

Thanks for your help.

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