HI EVERYONE , I HOPE EVERYONE IS DOING GOOD AND THANKS IN ADVANCE FOR TAKING YOUR TIME TO HELP.

I HAD POSTED ABOUT A MONTH AGO ABOUT A COLLECTION AGENCY TAKING ME TO COURT CLAIMING I OWE MONIES FOR A CITY BANK VISA OR CREDIT CARD. HOWEVER, I DO NOT RECALL HAVING THIS ACCOUNT WITH THE.

AS A RESULT I HAD CONTACTED CITY BANK AND TOLD THEM ABOUT IT BUT NO RECORD OF ME WAS FOUND.

AS A RESULT, I SUBMITTED MY ASNWER TO THE COURT AND SENT OUT A CERTIFIED LETTER TO THE ATTORNEY (COLLECTION AGENCY) THAT SAYS I OWE MONIES ASKING FOR THE FOLLOWING.



1. Copy of the original application showing terms of agreement.
2. Summary of my account activities – including all purchases, payments, late charges, date of payments received and date payments posted.
3. All documents signed by me proving the amount of obligation.
4. Documented proof that this is my obligation.
5. Copy of the purchase agreement between City Bank and your corporation.
6. Copies of any and all collection notices sent me by your corporation.


THIS LETTER WAS SENT MARCH 16 2007 AND RECEIVED BY THEM ON MARCH 19 2007. IN THE LETTER I STATED THAT THEY SHOULD HAVE ANSWER ME IN WRITTING WITHIN 31 DAYS. HOWEVER I JUST GOT THE LETTER TODAY MAY 2, 2007.

THE PROBLEM IS THAT THEY DID NOT SEND ME ANY OF THE DOCUMENTATIONS I ASKED FOR NOT 1. THEY DID SEND ME HOWEVER A QUESTIONAIRE THAT HE ALSO SUMITTED TO THE COURT.

THE PAPER SAYS INTERROGATORIES PROPOUNDED BY THE PLAINTIFF TO ANSWERED UNDER OATH BY THE DEFENDANT.

-THEN IT GOES ON ASKING ME TO KINDLY SUBMIT MY NAME, RESIDENCE, BUSINESS ADRESS, OCCUPATION, DATE OF BIRTH AND EMPLOYERS NAME.

DID YOU OPEN EITHER AS A BORROWER OR CO-BORROWER A CREDIT OF CHARGE CARD WITH THE PLAINTIFF HEREIN OR WITH THE ORIGINAL CREDITOR? (COME ON, I TOLD THEM IN WRITTING THAT I DO NOT HAVE AN ACCOUNT WITH THEM, HE KNOWS IM DENYING THIS CLAIM SO WHY ASK IF I EVER OPENED AN ACCOUNT WITH THEM?)


ALSO ASKED, WHAT IF ANYTHING ARE YOU WILLING TO PAY TO SETTLE THIS MATTER?

-DID YOU AT ANY TIME STOP PAYING THOSE MONTHLY STATEMENTS ACCOURDINT TO THEIR TERMS?

WHAT WAS THE BALANCE OF THOSE CREDIT OR CHARGE CARD ACCOUNT WHEN YOU STOOPED PAYING THEM? ( I TOLD THEM ALREADY, I DONT HAVE AN ACCOUNT WITH THEM, SUPPOSELY THE COLLECTION AGENCY IS GIVING A BALANCE THAT I SUPPOSELY OWE, SO WHY ASK?)

THEY WANT ME TO PRODUCE A COPY OF MY DRIVERS LISCENCE FOR WHAT?

THEY ASK ME TO PRODUCE A COPY OF ANY DOCUMENTS I INTEND TO USE IN COURT? (WHY DONT HE SEND ME WHAT HE INTENDS TO USE OR PROVE TO ME THAT THE ACCOUNT IS MINE INSTEAD OF ASKING ME THIS?

THERES MORE QUESTIONS ON THE PAPER BUT THESE ARE JUST A FEW OF THEM.



CAN ANYONE HELP? WHAT IS THIS THING? HE DID NOT PROVIDED ME WITH THE INFORMATION I ASKED IN THE LETTER TO PROVE THAT THE ACCOUNT WAS MINE, ISTEAD HE IS ASKING ME ALL THESE QUESTIONS? WHAT SHOULD I DO? IT APPEARS TO ME THAT HE DOES NOT HAVE ANY DOCUMENTATIONS PROVING ITS MINE SO HE IS ASKING FOR ALL THIS.

ScottGem

Send back the questionnaire without filling it in. Refer to your original letter stating that they were given 30 days to provide documentation of the debt. Since they failed to do so, you consider their claim invalid and that they should cease and desist contacting you. Send a copy of this letter to the court.

mr.yet

The Burden of proof is theirs, I, simple wont answer these question now, wait until you go to court, than demand to see the original contract you signed, no contract, no claim. They must prove their claim in court, not you proving it for them.

Scott's suggestion is good also, send back blank with your original demand attached.

Angel007

Thank You Scootgem I Really Appreciate Your Help And Time. If I Do Return These Without Filling Them Out And Stating That Their 30 Days To Provide Information On This Debt Is Up, Should I Submitt The Same Letter and a copy of this questionaire To The Court? Should I Go To Court And Talk To The Clerk About It? one more thing, is it a good idea to send them a copy of the ups letter confirmation date that it was received by them on march 19 2007 proving therefor that their time was up?

Angel007

Thank You Scootgem I Really Appreciate Your Help And Time. If I Do Return These Without Filling Them Out And Stating That Their 30 Days To Provide Information On This Debt Is Up, Should I Submitt The Same Letter and a copy of this questionaire To The Court? Should I Go To Court And Talk To The Clerk About It? one more thing, is it a good idea to send them a copy of the ups letter confirmation date that it was received by them on march 19 2007 proving therefor that their time was up? what should i do?

ps the paper says plaintiff hereby requests the defendant answer under oath, in accordance with Mass.R.Civ.P. 33


what does this mean?

another important thing, the last page of the packet they sent me via court says that I am hereby requested to admit the guiness and truth of the matter within 33 days.


they want me to admit that
1- that i may have had a creadit card account with plaintiff.

2 that i did have a credit card account with plaintiff.
3 that in the past i did atleast one or more payments towards the balance of an account.

4- that im only disputing the balance on account and not the validity of the debt.
5- that i owe atleast one dollar on the account that is the subject of this action
6 that i owe the amount claimed by plaintiff

ScottGem

Send copies to the court. In your cover letter to the court, state that you cannot comply with the plaintiff's request because they have not provided you with the requested documentation. Further state, thatt, since they did not respond to your request within the reasonable time frame stated, they should have forfeited their right to proceed with the action against you. Note this letter does not go to the plaintiff, only the court.

Include copies of documentation of when they received the request to both of them.

"ps the paper says plaintiff hereby requests the defendant answer under oath, in accordance with Mass.R.Civ.P. 33"

I'm not sure what that means, you would have to check the code cited. Clearly they want you to swear to the info you give, but where is not clear.

J_9

If you MUST answer the interrogatories it is always in your best interest to answer with nothing more or nothing less than"

"This allegation is either admitted nor denied"

Therefore you fullfill your end of the litigation by answering the interrogatories and not answering cannot be held against you once you do get into court, but you have not admitted to anything.

This is how almost each and every interrogatory was answered in the law firm I once worked at.