Request for Production

[Kazzanova]

Hello everyone. Back on June 12, 2018 I sent a letter to Cavalry and their attorneys a request for production of documents. And I got the attacked letter back from them stating they got my letter of dispute. I didn't send a dispute letter I asked them to produce all the documents regarding the case and then they are asking to provide specific information that is being disputed and an explanation of the basis of the dispute. What the hell is this?

Cavalry Response Documents_Redacted.pdf

[BackFromTheDebt]

I would need more information to answer this.

Is this a court case?  

If so, did you follow the proper procedures for discovery?

If the answers to the first two questions are yes, there should be some deadlines for when they have to produce the documents.  

The letter you got means someone in their office is confused.  

[Goody_Ouchless]

Was this part of a lawsuit?

[Kazzanova]

Yes this is a court case I am scheduled to go to court on July 23, 2018

 

I sent a copy to both the attorney and Cavalry for the request for production

 

This is the rule in NJ for Discovery

(1) Procedure for Request. The request may, without leave of court, be served on the plaintiff after commencement of the action and on any other party with or after service of the summons and complaint on that party. A copy of the request shall also be simultaneously served on all other parties to the action. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced.

(2) Procedure for Response. The party on whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 50 days after service of the summons and complaint on that defendant. On motion, the court may allow a shorter or longer time. The written response shall be made by the party upon whom it is served if an individual, or, if a governmental, commercial, or charitable entity, by an officer or agent thereof. The person making the response shall swear or certify in the form prescribed by paragraph (c) of this rule that it is complete and accurate based on personal knowledge and/or upon information if provided by others, whose identity and source of knowledge shall be disclosed. The written response shall be served on the requesting party and a copy on all other parties. The written response shall either include the requested documents or other material or state, with respect to each item or category, that inspection and related activities will be permitted as requested. If the written response provides documents to the requesting party, those documents shall be provided to or made available to any other party upon request.

[Kazzanova]

Here is a copy of the request 

Discovery_Redacted.pdf

I have received no Interrogatories or any discovery from Cavalry or their attorney. Court is less than a month away and wondering if anyone from Cavalry is actually gonna show up with their attorney.

[BV80]

1 hour ago, Kazzanova said:

Here is a copy of the request 

Discovery_Redacted.pdf

I have received no Interrogatories or any discovery from Cavalry or their attorney. Court is less than a month away and wondering if anyone from Cavalry is actually gonna show up with their attorney.

I can't open the link.  I get a message that it can't be located.

[Kazzanova]

Ill try it again here. Thanks for the help

 

[BV80]

1 hour ago, Kazzanova said:

Ill try it again here. Thanks for the help

Discovery_Redacted.pdf

Thank you. What evidence did they provide with the complaint?

[Clydesmom]

5 hours ago, Kazzanova said:

Here is a copy of the request 

Discovery_Redacted.pdf

I have received no Interrogatories or any discovery from Cavalry or their attorney. Court is less than a month away and wondering if anyone from Cavalry is actually gonna show up with their attorney.

WOW.   I do not know where you cut and pasted that from but most of it is complete garbage and may have done more harm than good.  There is also WAY too many of them (several of which are repetitive and asking for the exact same information) most likely if you receive any response it will be boiler plate denials. 

Addressing some of the most critical issues:

• There is no credit card contract and the court knows it.  Especially not one with your signature.
• They do not have to produce every statement.  The 6 to 12 months prior to default is sufficient.  Nor do they need a full accounting or record of every transaction either.  Complete waste of time.
• Asking for policy and procedure manuals won't be granted by the court when they refuse.  It is proprietary information and not relevant to the case.  
• Business licenses are irrelevant as well.  No court is going to grant you access to their fee agreement with the law firm as that is protected by attorney client privilege.
• The court is well aware the account was purchased as a pool of bad debt.  Waste of time to ask what they paid for YOUR account.  Even if it was pennies on the dollar it doesn't matter under contract law they are entitled to collect on the entire amount you owed as they get all the rights and responsibilities of the original creditor.

The downside to what you sent is you basically telegraphed to the attorneys that you can cut and paste from the internet but have not researched the law(s) that apply to the case directly.  You need to have ROCK SOLID legal arguments for the trial or you are going to get steam rolled.  That or pray they don't show or dismiss prior.

[Kazzanova]

They didn't provide any evidence with the complaint nor any discovery since when the complaints answered over a month ago.