Up coming Court Date

What state are you in? I know in my state that you can file a motion to compel and a date will be set to find out why they didn't respond, you will usually see a judge. Also for interrogatories, I think it is 45 days in my state and if they do not answer you can file for a default judgment and they lose.

I live in the state of Ma, I am pretty sure its 30 days, on there interrogatories they sent me it gave me 30 days to answer, its now been over 2 weeks since sending my questions and have heard nothing from them besides phone calls that I dont answer, my guess is there calling to try and settle, because I have not gotten any phone calls in about 6 weeks from them

I believe failing to respond to Discovery is contempt

From what I have read on here, I have to ask the court for them to compel

I also live in MA. I had a case management in June. I sent discovery and interrogatories to the plaintiff, Daniels Law Offices, about 30 days before case management. I pointed this out to the judge, and he then gave the plaintiff until Oct. 2 (pre-trial conference) to answer discovery and interrogatories. That's about 140 days, so apparently those deadlines don't mean much. I have not received anything whatsoever from the plaintiff at this point, and they have not attempted to contact me. Does anyone know, can I motion to compel, or dismiss before the pre-trial, or do I have to wait until then? I can't understand why the plaintiff was given so much time.

If it has been more than 45 days, file a motion to dismiss.

You say the pre-trial is Oct. 2. Did they send the memorandum to you? They are supposed to do this 3 weeks prior to the pre-trial, it should say it on the court form for the pre-trial.

Most likely a week before the case goes to trial, they will motion to dismiss.

You must have to visit a court on each sumones

What is a memorandum? Right after the case-management, I received a document from the court reminding me that the pre-trial was set for Oct. 2. I have received nothing else. What is the best way to file a motion to dismiss?

The memorandum is for the pre trial. It is a list of statements that the plaintiff must provide then you have to respond to it and hand it in at the pre trial. To file a motion to dismiss, go to the courthouse and ask for the form to file a motion to dismiss. fill it out there and they will give you a copy to mail to the plaintiffs attorney. Send it certified mail return receipt requested. You can fill it out at home too if you want. On page one you list motion to dismiss. On page 2 you tell why you want the case to be dismissed. Don't leave anything out. Their attorney will respond and try to get it denied.

Who is the debt collector they are suing for? If they are not licensed to collect in MA then you can put that too. Did you ever get anything in the mail from this debt collector?

I am being sued by CACH LLC and there lawyer is cambece law Office, I sent my letter for request for production of Documents on Sept 3rd, I have heard nothing back as of yet, and then I sent my interrogatories on sept 10th also have heard nothing on those as well, They have started to call me again over the last few days, I have not answered the phone, I asked them alot of hard Questions and at this point want my questions answered before giving them any money

Maybe you should also write them stating that you will not accept any phone calls from them, and that all communications need to be in writing - especially considering the pending court case.

But Oct 2 is only next week so they may bring the requested documents to the court, they may file a motion to extend (at which your should file a motion to compel), or they may just file a motion to dismiss. If they file a motion to dismiss they will likely file it "without prejudice" which means they (or another collector) can come back and sue you again, so if they do that, I would file a motion to dismiss *with* prejudice so this particular interruption of your life will not happen again.

I read the pre-trial form, and it says they must send the memorandum at least three weeks before the pre-trial. It states that if the plaintiff fails to do so, they may face sanctions and/or dismissal of the case. As I said, they have sent me nothing. I plan on calling the court this week to find out more about that. The CA/attorney is Daniels Law Offices, allegedly suing on behalf of MBNA. There is nothing from MBNA on my credit reports. I have received nothing from the Original Creditor, nor have I gotten any documentation from the CA, other than a typed letter, on their letterhead saying I owe them money. They did send a copy of a letter from NAF, with money awarded to a different collection agency. The letter from NAF was signed by arbitrators confirming that I was served a copy, which I wasn't. It said that I entered into an agreement to arbitrate, which I didn't. I also read a decision by the Kansas Supreme court ruling that an arbitration award could only be enforced if it was accompanied by a signed arbitration agreement, which this definetely was not. Also, I am not sure how much weight an NAF award would carry at this point as their credibility and impartiality has been severely questioned, and they are being sued left and right.

Yeah do what Chris said and wait till Oct. 2nd. Cambece Law is on thin ice right now and just had a big lawsuit against them. They are big law breakers.For the pre trial you don't see a judge usually. When you do go ask them where the interrogatories are and the request for documents.

Quote:

So when I go to the case management Conf on Nov 17, I ask them directly where the interrogatories and the request for documents for my Questions are, Do I file a motion to compel at the case management conf????, what do I do if they file a motion to extend to answer my questions, or will the court just give them time to answer me before the pre-trial Date

The site I mentioned above marks out the steps in great detail. Here it is again:
"http://www.nedap.org/hotline/court.html"

Can you use more then one Defense????

You haven't gone to the case management conference yet? If not then when you do go, tell them you want their answers. If they don't have them tell them you are going to the magistrates office to file a motion to compel. Tell them they had more than enough time to answer.

You can use more than one reason, nothing wrong with that. the more reasons the better. When you file a motion to compel and you go in front of the judge they should have everything there. If not the judge could give an extention but tell the judge it is unfair and that they had more than enough time to respond. You could try to get it dismissed right there for them failing to answer.

No, I have not gone yet, its not till Nov 17, Once I sent my Questions they started calling my house again , after not calling for about 6 weeks, I do not answer there calls, I have not gotten any reply from them yet to my Questions and I honestly think there not going to answer my Questions, What do I do it they dont show up for the Mangement Conf

Most likely they could have a different attorney show up for them. All you will do is talk with them and they will try to get you to settle, don't do that. Tell them you want the interrogatories and request for documents. If they don't have them ask when they will and tell them if they don't get them to you that you will file for a default judgment.


The attorney for the one I was sued for answered each interrogatorie as "not admissible evidence" they pretty much say that what you interrogate them for has nothing to do with what you owe, bs I know. When you ask for documents they have nothing probably and will give you photocopy junk, like me they sent a photocopy of a credit card agreement. They said I opened the account in 1999 but the credit card agreement was from 2000, little things like this you have to look for and it will help you beat them. It is perjury on their part to submit crap like this.

When it came to the pre trial their attorney said he had no problem going to trial and was looking forward to it and it would be an easy case. When it came to the trial, one week before it was dismissed with prejudice,,,,I win.

There evidence is 5 old credit card statements and a affidavit of debt from the OC, and something that says bill of sale, But has nothing about me or my account on it, its just junk, there are many holes in the Affidavit

4 of there Statements and Affidavit of debt show different Account Numbers, Affidavit of debt states account was open on 03/03/95 yet they gave me a Statement from April 2004, There complaint states that the charge-off amount was $7,244 in Sept 05 yet again they gave me a bank statement from Oct. 05 shows balance of $3,621

I have responsed to there Interrogatories stating Defendant can not confirm or deny do to inconsistent and Conflicting information provided by the Plaintiff and stated these facts

My pre-trial is friday. I was never sent interrogatories or discovery from the plaintiff. That seems odd. Since I filed my answer in March, I have gotten ZERO documentation from the plaintiff. The deadline for discovery is the pre-trial. I don't know how to prepare because I have no idea what they have. According to the pre-trial notice, they were supposed to send me a pre-trial memorandum "at least three weeks" (wording on the court's form) before the pre-trial. When I called the court to point this out, I was told "they usually just file that at the pre-trial." So, do CA's not have to follow the court's rules? I guarantee, if a defendant didn't file an answer within the 20 day period, the plaintiff's attornies would be all over that.

I would think if they dont have the discovery for the pre-trial the case would be dismissed let us know how it goes for you

sjd, did you send them your own interrogatories or docs requests ????

Yes, I sent them interrogatories and discovery almost five months ago, via certified mail. I brought this up at the case management, and the judge set the date of the pre-trial as the deadline for discovery. This means that I won't have any chance to look over any documents they might have and prepare for the pre-trial, which in my opinion, kind of defeats the purpose of having a pre-trial. After the case management, the CA's attorney said something about how they usually request documents after the answer is filed. I filed my answer back in March. How long does it take to get documents? I am just worried that they are going to put me on the spot two minutes before we go before the judge, with no time to examine their "proof", and then have to decide whether to go to trial or not. I don't believe I owe them the money they are claiming, so I really don't want to settle. I have read many articles and postings about how CA's want to settle before things go to court, so it would seem to their advantage to send me anything they might have that would prove their claims. Anyway, I am planning on filing a motion to dismiss at the pre-trial. I am relly sick of this CA wasting so much of my time and energy.

I would think the case would be dismissed if they have not answered your interrogatories at the pre-trial and I would think they would give you time to go over then if they have them, they more then likely wont answer them and at the last min dismiss the case, I got my questions from them within 1 week of answering the summons and I answered them within 30 days and within 2 days I got more Questions, I then filed my own Questions to them and have heard nothing from them yet, it will be 30 days this coming saturday since sending them Questions, They now call my house almost daily, I dont answer the phone

To figures2000:

What they sent you is toilet paper. It will not stand up in court. Go over it well and make a list of everything that is wrong to support your case. CA's do have to follow the rules but in this state they are ruling the courts and getting away with murder. Do not back down and you will win most likely. They left themselves a paper trail that pretty much screwed them and you can now use it against them.


TO SJD:

At the pre-trial they will see if you want to settle or go to trial,,,,,tell them you want to go to trial. Most likely they will fold before it goes to trial. Just because they didn't send you anything yet does not mean you are going to lose. They must send evidence to you before the trial. If they do not send you anything then at the trial they cannot submit evidence in court. You can object to it and have it stricken from the record, that will pretty much leave them with nothing to prove their case at which time you can motion to dismiss with prejudice.

When you say "in this state they are ruling the courts" which state do you mean? I finally got their responses and questions last night, three days before the pre-trial. They really didn't answer anything, or provide anything, other than another piece of paper they typed up saying "you owe us this amount of money." They sent a copy of a National Arbitration Award made out to a different collection agency, Wolpoff and Abrams. With all the controversy surrounding NAF, I am wondering how much weight these "awards" now carry. I have case law stating that an arbitration award is only enforceable if it is accompanied by an agreement to arbitrate, signed by both parties. This was not included. In fact I have yet to see anything with my signature on it. I have gotten nothing from the original creditor, and the arbitration award, which was never delivered to me (event though the arbitrators signed it, swearing that it was) was from an alleged claim from June, 2003, which is beyond the statute of limitations. I have asked numerous time for an accounting of the alleged debt, and they simply reprint a word document with "amount owed" on it. I plan on filing a motion for dismissal, as the amount diputed has not been resolved, they have not proven they have a right to collect anything, they did not provide a signed copy of an arbitration agreement, and they have provided nothing from the OC.

I thought you said you where from Massachusetts???

Anyway the reason they provide nothing is because they have nothing. I don't know much about the NAF so I can't help with that. Most likely though this will not go to trial. If it does they will lose.

I am from MA. Thanks for the advice and support. Best of luck to all.

Thanks, I still have not gotten any reply from them about my Questions, Just phone calls from them daily that I dont answer, I was trying to settle with them When I first was sued with out really know my rights and thought what they gave me was enough from them to collect on me, I am unemployed and really dont have the money to settle, So I am going to fight this as far as I can, My main Defense is No business Relationship with them and I want proof they own my debit, I really dont think they have it and the papers work they have supplied me with has many holes in it

SJD Let us know how it goes for you tomorrow, Good Luck =)

sjd How did your court date go on Friday

I filed a motion to dismiss right before the pre-trial. This really pissed the CA's attorney off. The CA is trying to get a judgement based on an National Arbitration Award. I pointed out that the Federal Arbitration Act, backed up by a decision by the Kansas Supreme Court, indicates that an arbitration award, in order to be enforced, must be accompanied by an arbitration agreement, signed by both parties. The CA's attorney claims she "ordered" the agreement. She has had 13 months to get together the proper documentation, so why wait until a couple of days before the pre-trial to order the necessary documents. I honestly don't recall if I have ever signed any type of arbitration agreement, so I am curious to see what they come up with. The arbitration award the CA has is made out to Wolpoff and Abrams (CA I am dealing with is Daniels Law Offices), and I pointed out to the judge that the Minnesota Attorney General, in her complaint against NAF, established that they were owned by the same company as Wolpoff and Abrams and Mann Bracken, who now owns Wolpoff and Abrams. I provided documentation of this with my motion to dismiss.
The pre-trial has been continued until November. Even if the CA can produce some sort of signed agreement, I will object to it, as the deadline for discovery has come and gone. I plan on filing a motion to compel, as I am not satisfied with the CA's answers to my interrogatories, or their production of documents, or lack thereof. I am also planning on suing them for FDCPA violations. Does anyone know if you have to sue in the county a business is located in, or just any county that they do business in? After the pre-trial, the CA's attorney started yelling at me, saying "an agreement exists. The lawyers for NAF signed a piece of paper saying an agreement exists. Lawyers can't lie." Yes, she actually said that.

what is a National Arbitration Award?????

How do you go about filing a Motion to Dismiss and what info do you have to provide?????

National Arbitration Forum is a supposedly "non-bias" alternative to settling disputes in court. For example, if a collection agency alleges that someone owes them money, they can try to get an arbitration award through an arbitrator like NAF. Recently, NAF was sued by the Minnesota Attorney General, who claimed that there services were biased towards collectors. NAF agreed to get out of the credit card dispute business completely. It has recently come to light that NAF is owned by the same company as several large collection agencies, notably Mann Bracken and Wolpoff and Abramson. This undermines their claim to be a non-biased, neutral party.
Alot of credit card contracts contain mandatory arbitration agreements. It is located in the fine print that many of us do not read. CA's will take NAF arbitration awards to court in the hopes of getting a judgement. While NAF is not taking on any new cases, it is a bit unclear what will happen to existing cases. NAF is currently the focus of many developing class action lawsuits.
As far as filing a Motion to Dismiss, you do that at the court. You can get the form there, or find it online. I filed a general motion form, indicating that I was filing for dismissal with prejudice. I attached a document stating my reasons, and including any documentation I had that I felt would help my case. If you have questions, you could always try contacting the clerks office. You file one copy with the court, and then mail or deliver the other copy to the Plaintiff's attorney.

My Discovery I sent is now Over 30 days and have not gotten any reply yet, I go to the case managment conf next Month, So I could get the Motion to dismiss papers then, I would need to figure out what my grounds for the dismissal would be

Can I file a Motion to Dismiss before the Case Managment Conf ????? if they have not supplied me with the discovery I request in the time Period allowed by my state, I am sure if I did not respond to there's in 30 days they would be seeking a default Judgement againest me

I am certainly not an expert, nor can I dispense legal advice, but I don't see why you couldn't file your motion to dismiss before the case management. In my case, the plaintiff was allowed to have extra time for discovery. I got their first set of interrogatories two days before the pre-trial. I just got more discoveries yesterday, 3 days after the deadline for discovery had passed. I am still waiting to see if they can produce an arbitration agreement with my signature on it. They have had 13 months to come up with documentation, so I am not sure why the attorney waited until a couple of days before the pre-trial to "order" it. The longer this drags on, the more frustrated I am with what these people get away with. Shouldn't you have proof before you sue? As far as your reasons to dismiss, just do some research, and find some case law to back up your points. There is tons of info out there, and on this site. Check out the link Chrys posted. Maybe you can file for lack of standing (no business relationship) with plaintiff, or dispute the amount, or file for lack of validation. Gook luck.

I was thinking of filing for lack of Standing , I have answered all there discovery sent to me, they have answered nothing of mine

The interrogatories I got from them it said right on the first page, Mass law you must respsonse within 30 days, I did, but they have not answered my within the 30 day limit, is that grounds for dismissal of the case?????

it should be.time to be the aggresor.they more than likely don't have a thing.so they are stalling.file the motion to dismiss.

Should I wait till the Case managment conf and request them to compel

I am filing a motion to compel tomorrow. I received interrogatories from the plaintiff three days before the pre-trial. I answered "insufficient documentation to confirm or deny" to all of them, and brought the answers to the pre-trial. I gave these to the Plaintiff's attorney, along with a copy of the motion to dismiss, including case law and an FTC opinion letter to back my arguments. I noticed on the Plaintiff's interrogatories that it said I had 33 days to submit my answers, yet the court gave the Plaintiff approximately 4.5 months to anwer my questions, and I still haven't been able to get it dismissed yet. The plaintiff basically objected to all my questions and requests for documents, which is why I am filing a motion to compel. It seems like they have been given so many chances, and have been unprepared every time. Now I have to go back in a month for a continuation of the pre-trial. At that time, the court will consider my motion to dismiss, and the plaintiff's motion for summary judgement based on a national arbitration forum award. I pointed out that the award needed to be accompanied by a signed agreement, which the plaintiff's attorney allegedly "ordered" and was expceting any day. I guess I will see what happens. In the meantime, I am gathering all the evidence I can regarding NAF's ties to the debt collection industry, including the Minnesota Attorney General's complaint, NAF's consent agreement to no longer arbitrate credit card agreements, and numerous other complaints from the class action lawsuits currently being filed against NAF.

I am also considering contacting FIA card services, the alleged plaintiff, to see if Daniels Law Offices is really representing them, or if the debt was sold. The attorney has signed numerous afidavits, under penalty of perjury, that he is representing FIA, but so far has been unwilling or unable to produce a single document from the creditor. I really want my life back, so I am considering any possible option that might expidite the process.

"I really want my life back" I know what you mean it takes up alot of time and energry for this Crap

Once I get the Motion to dismiss paperwork at my Court house, How do I go about wording it to the court on the form, Do I basically say, I have No Business Relationship with Plaintiff and I have requested Documentation from the Plaintiff and they have yet to supplied it in the Time frame allowed by the Count, and under the Mercy of the Court I Ask the Court to Dismiss this case with prejudice

I wrote on the form that I was motioning to dismiss with prejudice (which means it would be permanently dismissed). On a seperate sheet, I typed out the disputes I had with the plaintiff. I disputed the validity of a National Arbitration Forum award, I disputed that the plaintiff and its attorney had standing, in that they hadn't demonstrated that a business relationship existed between the plaintiff and myself, I disputed the amount, and requested a full accounting from the original creditor, I disputed that FIA card services was the real party of interest, I disputed that the plaintiff had retained the services of Daniels Law Offices, etc.. I filed this five minutes before the pre-trial, which seemed to really piss the plaintiff's attorney off. The judge had all my paperwork in front of him, and was going over it. All the plaintiff's attorney had was a yellow notepad with some notes scribbled on it. I think I might have even made her late for her next hearing. There were two other pre-trials that day, and I was the only defendant that was prepared to fight. The other two settled. I still don't know how all this will turn out.

ok, so I state my arguments about there case, How did you end the letter???? does it have to be type a certain way???, or just like a number 1 to 10 of your disputes????

***Change the words to suit yourself***

Now comes Plaintiff/Defendant, by and through it's attorney and MOVES this Court to DISMISS this action with prejudice.
Respectfully Submitted,
***your signature on the line***