Response from WWR for Cach

Fed,

This is total nuts. How can they deny you the right to a contract that they say is yours. Is this not illegal?

Also, what did the judge say?

I just got it in the mail yesterday, came here to try and figure out my next steps. Was hoping someone will jump in here and help me out, lol. Seriously, I have been doing this with help from the forum and through research on my own. I just don't see how they can deny direct evidence that they own the debt. They are running me in circles, but I am NOT dizzy yet. I need to see what a few of the people on here have to say before I make my next move, this is sooooooo time consuming. I need to find out how I get them to provide this information and what I can do if they refuse to provide it. That was only 1 of 6 questions. They denied me on everything I requested. I don't see how this could be legal either.

I am thinking something like, motion to dismiss due to lack of evidence. But really have no clue right now, have to do research and see what the responses are here.

WOW! This makes NO sense.... so say "I" sue u and tell ya Fed u owe me 20 gazillion dollars! Ya mean i don't have to prove it in any way??? Things that make u go hummmmmm....
I'm guessing this will be thrown out in a hurry! If not, wth kinda legal system do we have here?
Ang
P.S. And btw u can start paying me in monthly installments of 10,000 a month! ;)

Who should I make it out to, can you cash it if I just put "ang" on it? LOL, maybe in their world.

Ang and Fed

This is what that lawyer my friend told me to call told me.......I've seen where all the creditor has to do is show a printout and interest, you have to prove you didn't make the charges!

Well I ask this how do you prove you didn't make the charges? So again, I can used about 20,000 to take care of my business so I can just go and sue someone with a printout and I'll get the money? Something is terribly wrong with this picture.

Yep Moki ur right! And btw i sue u for 20 gazillion too! WTH??
And fed i'm SURE CACH can help to cash that check made out to Ang! ;)
Sheeesshhhhhhhhhhhh, we need some serious reform here! I was told, rumor has it, that if Edwards is elected he wants to reform debt collection practices. Now of course if he will is a WHOLE other story!
Waiting on my check in La.
Ang

Ok, also how do "U" prove u didn't make charges! That seems like an oxymoron doesn't it? Or is it just me?? I'm sitting here shaking my head. Ok, so let me get this straight, THEY sue u, and then U have to prove u didn't make any charges! Seems backwards to me, if "THEY" sued u, then "THEY" should have the burden of proof... am i missing something here?!?!
Confused,
Ang

Fed that is a poor response to discovery and I would think you have every right to it. Review your states rules of civil procedure and file a motion to compel discovery with the judge.If he agrees that your motion is fair,they must turn over evidence by court order.

There's Cajun, my man! Knew ud be along shortly with helpful advice!
You Rock!
Thanks for being such a strong and knowledgable advocate for this forum!
Ang

Hi Fed--

In the PA rules of civil procedure, you will want to look at the following:

Rule 4003.1-4003.6
Rule 4009.11-4009.12


4003.1-6 sets forth the rules of discovery. This explains what is and is not allowed by law under discovery. your request most definitely falls into what is allowed in this law.

4009.11-12 explains the procedure for request and answer. They did not follow that procedure according to the law. I agree with cajun--file that motion to compel discovery. Cite PA Rule 4003.1(a) to support your contention. Here is what that Rule says:

"Rule 4003.1. SCOPE OF DISCOVERY GENERALLY. OPINIONS AND CONTENTIONS
(a) Subject to the provisions of Rules 4003.2 to 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter."

I cannot imagine that a judge would side with them when they say that you owe them this money, but refuse to prove that they have the legal authority to collect on the debt to begin with. Good luck, and keep us updated.

OMG! Sky you are a wealth of knowledge! FED don't give up. Sky just gave me a wealth of knowledge for my problem. If we all stick together and fight we will solve these problems.....one by one, day by day.

I never knew that they could just walk in and sue! How many poor souls out there don't question and just pay and probably amounts that aren't verified.

Thank God for this site!

Hey guys, I always send a copy to the clerk of courts for filing. Do I address the motion to compel discovery to the court? Thier is no assigned judge on this matter, they have only filed a suit, nothing else courtwise has happened except this back and forth crap between me and them. How do I get a judges attention?

Hi fed--

contact the court clerk's office on this one. They should have no problem pointing you in the right direction. I would imagine that it is the same as filing the original motion for discovery, but I would hate for you to take my advice and have it turn out wrong! Please, check with the clerk's office. They should be able to help with that.

Thanks sky,
I have been reading cases where motion to compel was granted, seems to be a regular practice for pa judges to compel them to produce the documentation. They filed discovery and I more or less used their discovery as my example. I have no example to go by on this one. I am going to do the same cover page and cite the rules and explain that according to the rules of civil court, they must produce this documentation. I will file a copy at the courthouse. I can't see a judge siding with them either. they denied everything. They say that I made payments that I never made, I ask them to produce documentation, they haven't it goes on and on. I wish you had a fax, I would fax it to you, only the two pages that they responded to so that you can see how juvenille and unprofessional their answer is. Do you have a fax?

Fed go to the courthouse and get copies of the motions you have read.This should give you a good basic format to go by.Make sure to read up on rules of civil procedure so the service and formatting is correct.In my courts once the motion is granted,they will have a time limit to produce the requested evidence or lose the ability to use it in court.

They have 30 days here cajun, They just seem so out of it. They answered my request in blue marker, like they just glanced at it and wrote down an answer with out any second thought.

yes, fed, check your PMs....I do have a fax

What it really seems like to me is that they filed this suit hoping that you would not answer, so they would get a default judgment. It doesnt sound to me as if they are prepared at all....I know if I were to file suit on someone, my ducks would all be in a row before I filed the complaint! These guys should have known better, in my opinion.

At this point, seeing how I have this mindset to be out for blood with these moronic CA's, I would actually consider filing a countersuit for them filing a frivolous lawsuit, for the violations of fdcpa where they would not provide validation, etc etc. I would also contact the bar association in the state where their attorney practices, once this is all over, to file a complaint against this law firm there. Filing a frivolous lawsuit is a big fat no-no in legal circles....

Yea Sky but we ARE talking about CACH here and that's EXACTLY how they work! They sue and are so sloppy and know NOTHING jsut hoping for default..... And yet they make millions, probably billions of dollars a year, taking advantage of people who know no better.... (like me back then) :(

ARGH,
Ang

yeah ang, I know, but someone really needs to put them in their place...

and now if we let them get away with it

Well hopefully these 2 attys from FL & GA can gather enough info for a huge class action suit!! Cuz that's the only way u can hurt people like them!! In their pocket books!
SIGHS,
Ang

hopefully someone will put these jerks in thier place, they are rotten. I would love to see a judge tear them up.