Up coming Court Date

I have a second pre-trial scheduled, where the court will make a decision regarding my motion to dismiss. I am hoping the CA just gives up before then, but that seems unlikely. The deadline for discovery has passed, so it seems like I would have grounds to object to any documents or information they might try to use as proof at this point. Does anyone have experience with courts allowing or not allowing new info to be submitted after the discovery deadline? Also, does anyone know how courts in Massachusetts are treating National Arbitration Forum awards, in light of the fact that NAF is no longer arbitrating credit card cases, and all the lawsuits being filed against them?

They will need a signed contract in court just so you know. If they do not have one, most likely it will never go to trial, that is if you keep fighting.

When it comes to the trial, they need to submit to the judge their evidence all labled properly, exibit A exibit B and so on. If they do not send it to you before the trial, then it cannot be used in court. Them having not answered your discovery has nothing to do with being able to use it in court. Not answering during the discovery phase is what gets default judgments before the trial. You really need to know what your doing in order to get them in contempt though.

So they do not have to answer discovery but they do need to send all information they will use at the trial, I think 3 weeks before, and must hand it to the judge the day of the trial. if not, you can then motion to dismiss at the trial, and the same goes if they do not send you anything but try to give it to the judge, strike the evidence from the record.


I probably said it before but this is pretty much how it went for me,,,,,,,,When I went for my pretrial, the attorney said he had an expert witness and he is looking forward to it going to trial. He said it should take no more than 2 hours and was an open and shut case. 2 weeks before they sent me another bill for almost $4,000 and told me it will cost me more to go to trial so I should call and settle before for a great deal.

3 days later I get a stipulation of dismissal with prejudice from them. These attorney's in Massachusetts are crooks. Do not let them scare you. Fight every piece of paper they submit.

At my next pre-trial, the court is going to decide on my motion to dismiss. I am not sure what to expect from that. What kind of "proof" did the attorney you faced have, or allege to have? Also, who was the attorney or CA? After the first pre-trial, the attorney started yelling at me, telling me that I knew that there was an agreement, that "lawyers can't lie", and that the judge really wanted a settlement. At this point, I am wondering if there is anything else I can be doing before the pre-trial. I really want to win.

They had a card holder agreement that was from 2000 but they said I opened the account in 1999. The credit card statements they submitted where fabricated.

All debt collection attorney's lie, they are as crooked as they come. Keep fighting and go to trial. demand a signed contract. They will not have one.

Sounds like my story, there claiming I opened the account in 95, yet a statement they sent me was from 94

I am no expert and know nothing about filing motions but your statement about time and energy is right on the mark. This is exactly how they get people to pay and settle with them, you get so tired of dealing with it you just want them out of your life and off your back. Good luck and best wishes.

Got my Answer back today for my Interrogatories and prod of Documents, they sent me mostly the same paper work, 5 old statements and the same affidavit of debt and bill of sale that does not have any info of me or my account number on it,

they also included a credit card agreement with none of my personal info on it as well, I cant even read it, I can only see a year of 1999, they also included a second Affidavit of debt stating that once a account number is open and the account is transfered or charged off a new account number is asigned and thus the 3 different account numbers they have provided me about my account will correspond to the same account,


on the interrogatories Cach LLC is claim there not a debt collector and they do not collect debt, Then what are they and what are they collecting ????, Also they said they do not have my signed loan agreement or credit card App, it has been destoryed, They are claiming there a assignee of a debt, if there a assignee then who owns the Debt, this all sounds like Bull shit

i would go to court and motion for dismissal.they validated nothing,and that sounds like something anybody could have come up with.

also they state the account was open March 3rd 1995 with bank of america, when in fact I never opened a account with back of america, I opened a account with Fleet back in 94, then as some point Fleet bank was purchased by Bank of america , looking over the statements they supply me, even when the banks changed the Account number stayed the same