Sample Motions

8/12/2019 Sample Motions

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4&$ )ollection /gency Inc$ failed to re!ort the results of the investigation findings to theconsumer re!orting agencies that the information !rovided by such !erson was incom!leteor inaccurate as re:uired by #4 U$-$)$ # 2#s &Gb G# G% $4($ )ollection /gency Inc$ failed to re!ort the results of the investigation to the consumerre!orting agencies as re:uired #4 U$-$)$ # 2#s &Gb G# G) $4*$ )ollection /gency Inc$ in res!onse to the notices of reinvestigation from the )reditRe!orting /gencies verified that the dis!uted information was accurate and com!lete onfour different occasions even though they were in !ossession of information which showedthat the tradelines were inaccurate and even though the tradelines did not contain thenotice of dis!ute as re:uired by #4 U$-$)$ # 2#s &Ga G( $ 0he fact that this was done inres!onse to multi!le reinvestigation re:uests from multi!le )redit Re!orting /gencies andthe Plaintiff is evidence of willful noncom!liance on the !art of )ollection /gency Inc$

) UN0 ( BI +/0I N- C 0,= C+ RI%/) N-UM=R ) ++=)0I N PR/)0I)=- /)0

44$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged andincor!orated by reference$

4 $ )ollection /gency Inc$ violated Clorida -tatute 44H$1& G( by telling the Plaintiff thatthey had disclosed to the credit re!orting agencies information affecting the !laintiff;sre!utation for credit worthiness without also informing the !laintiff that the existence of thedis!ute would also be disclosed$41$ )ollection /gency Inc$ violated Clorida -tatute 44H$1& G4 by disclosing to =:uifaxinformation affecting the !laintiff;s re!utation whether or not for credit worthiness withknowledge or reason to know that information was false$42$ 0he %efendants +isa Ma


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Unfair 0rade Practices /ct !ursuant to 43#$&3* G# $

) UN0 4 IN0=N0I N/+ INC+I)0I NC =M 0I N/+ %I-0R=--

$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged andincor!orated by reference$

1$ 0he %efendants intended to and did inflict severe emotional distress u!on Plaintiff byengaging in actions that intended to harass belittle confuse mislead and threaten thePlaintiff the !ur!ose of which was to intimidate and coerce the Plaintiff into !aying a debtwhich was not legitimately owed and cons!ired to systematically deny the Plaintiff his rightto dis!ute the legitimacy and validity of a claimed debt$

2$ 0he %efendants attem!ted to take advantage of a consumer reasonably unable to!rotect his interests because of an assumed ignorance and an inability to understand thelegal issues and other factors involved and therefore acted with unconscionable intent$

) UN0 BI +/0I N C 0,= C+ RI%/R=-I%=N0I/++/N%+ R% /N% 0=N/N0 /)0

H$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged andincor!orated by reference$13$ 0he %efendant 6ohnKs /!artments failed to notify the Plaintiff written notice by certifiedmail to the Plaintiff;s last known mailing address of his intention to im!ose a claim on thede!osit and the reason for im!osing the claim in violation of Clorida -tatute 2($*HG( $1#$ Under that statute if the landlord fails to give the re:uired notice within (3 days he orshe forfeits the right to im!ose a claim u!on the security de!osit$

R=WU=-0=% R=+I=C8,=R=C R= the Plaintiff res!ectfully re:uests relief as follows

G/ Cor !reliminary and !ermanent in


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amount of V# 333$*$ /gainst +isa Ma


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claim to have against L%efendant5 occuring !rior to the execution date of this -ettlement/greement and Release$

2$ 0his -ettlement /greement and Release shall be governed by the law of hio and may beamended or modified only in writing executed by the Parties$ -hould any !rovision bedeclaired by any court to be invalid the validity of the remaining !rovisions shall not beaffected and the invalid !rovisionGs shall be deemed not a !art of this -ettlement/greement and Release$ 0he language of all !arts of this -ettlement /greement andRelease shall be construed as a whole according its fair meaning and not strictly for oragainst either Party$

H$ 0his -ettlement /greement and Release shall be binding u!on and inure to the benefit ofL%efendant5 his heirs administrators executors re!resentatives successorsm andassigns and shall be binding u!on and inure to the benefit of %iscover 7ank its herisadministrators executors re!resentatives successors and assigns$

#3$ 0his -ettlement /greement and Release su!ersedes any and all !rior andTor writtenagreements between Parties and sets forth the entire agreement between the Parties$

##$ 0he Parties re!resent that they each have had an o!!ortunity to discuss this /greementwith their res!ective attorneysQ that they have read and understand the !rovisions hereinQthat they are not relying on !romises or other re!resentations not set forth above asinducement to enter this -ettlement /greement$

#&$ 0his -ettlement /greement and Release may be signed in counter!arts$ AAAAAAAAAAAAAAAAAAI'm not a lawyer, so in all legal matters, it i s advisable to seek the advice of a professional. All posts are just my opinion.

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# 1+ 09-20-2006, 08:52 AM

admin 7ig -ister is 8atching$Site Admin 10,000+ Posts. One of the Few Pro!d

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,ere is a !retty good resource for all court forms Gof all ty!es not


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# 1, 11-19-2006, 07:25 PM

Recovering /ttorney 433 !osts and hasn;t been banned yet$$$$3000+ Posts

6oin %ate /!r &33*

+ocation N>-Posts * 1*2

,ere;s an answer wit counterclaim vs$ a 6%7$ 0he counterclaim was suing withoutvalidating mischaracteriFing the debt and calling a third !arty$ Cor illustration only@@@@

)/)B C ) + R/% ++) ++)$Plaintiff

Bs$

xxxxxxxxxxxxxxxx%efendant

xxxxxxxxxx by his attorney xxxxxxxxxxxxx$ answers the com!laint by stating and showingthat

#$ /%MI0- the allegations of !aragra!h &$

&$ %=NI=- having information and knowledge sufficient to form a belief as to the truth ofthe allegations at !aragra!hs #

($ %=NI=- having information and knowledge sufficient to form a belief as to the truth of somuch of !aragra!h ( as alleges )/)B !urchased credit card accounts from Cleet 7ank and%=NI=- the remaining allegations of !aragra!h ($

*$ %=NI=- the allegations of !aragra!hs * 1 2 H #3 and ##$

4$ %=NI=- every other allegation not !reviously admitted denied or controverted$

/- /N% C R /CCIRM/0IB= %=C=N-=-

$ Plaintiff fails to state a cause of action against the defendant$

1$ Plaintiff as the defendant is informed and believes lacks the legal standing to bring andmaintain this action$
http://www.creditinfocenter.com/forums/member.php?u=1http://www.creditinfocenter.com/forums/search.php?do=finduser&u=1http://www.creditinfocenter.com/forums/showpost.php?p=715029&postcount=17http://www.creditinfocenter.com/forums/showpost.php?p=715029&postcount=17http://www.creditinfocenter.com/forums/member.php?u=55866http://www.creditinfocenter.com/forums/member.php?u=1http://www.creditinfocenter.com/forums/search.php?do=finduser&u=1http://www.creditinfocenter.com/forums/showpost.php?p=715029&postcount=17http://www.creditinfocenter.com/forums/member.php?u=55866


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2$ 0he action is barred by the -tatute of Crauds$

H$ 0he action is barred by the -tatute of +imitations$

#3$ 0he court would unorkQ that )/)BKs !rinci!al business isthe collection of debts from othersQ that )/)B regularly collects debtsQ that )/)B uses theinstruments of interstate commerce and the mail to collect debts$

#($ )/)B and its agent xxxxxxxxxxxxxxxx are debt collectors as the term is defined by

the C%)P/$#*$ 0he alleged credit card account is a debt as that term is defined by the C%)P/ thatthe alleged account was meant to be used !rimarily for !ersonal family or household!ur!oses

#4$ n or before xxxxx at a time best known to it )/)B engaged 7M to collect this allegeddebt from defendantQ at all times xx was acting for and under the direction of )/)B$

# $ n xxx xx sent defendant a letter demanding he !ay )/)B$ 0he letter also had avalidation notice !er #4 U-) # H&g$ / co!y of the letter is attached$

#1$ In res!onse thereto defendant sent xx a letter on xx which xx received on xxxxx

wherein he dis!uted the debt and asked xx and )/)B to !rovide validation !er #4 U-)# H&g$ / co!y of the letter and tracking notice are attached$

#2$ Instead of answering the letter on or about xxxx )/)B had xx commence this action$

#H$ 0o date neither )/)B nor xx has sent defendant validation of the dis!uted debt$

&3$ )/)BZs act to bring this action without validating the debt was intentional and oninformation and belief !ersistent and fre:uent$

$ )/)B has violated the C%)P/ by bringing this action before validating the debt anddefendant is in


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/- / 0,IR% ) UN0=R)+/IM

&*$ %efendant restates and realleges the matter in !aragra!hs # through &($

&4$ 0he letter )/)B had xx send on T#&T3

a$ was false misleading and dece!tive in that it mischaracteriFed the debt in violation of#4 U-) # H&e

b$ Unfairly and unconscionably sought amounts not authoriFed by agreement or !ermittedby law in violation of #4 U-) # H&f

c$ and the defendant has been in


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# 10 05-15-2007, 06:56 AM

6ary

.uest

Posts nTa

Sample Motion to Compel Prod!"tion of Do"!ments

-/MP+= M 0I N 0 ) MP=+ PR %U)0I N C% )UM=N0-% re"ieved this from the MA Law Li rar/ $o!4ht % sho!ld post it here.

P+/IN0ICC;- M 0I N 0 ) MP=+ PR %U)0I N C % )UM=N0-

Plaintiff !ursuant to Mass$R$)iv$P$ (1Ga moves the court to enter an order com!elling%efendant to !roduce for ins!ection and co!ying the documents described in the attachedRe:uest and to assess costs and attorney;s fees against %efendant and %efendant;sattorney based on the following grounds

#$ n AAAAAAAA O%ateS Plaintiff served %efendant with Plaintiff;s Re:uest for theProduction of %ocuments a co!y of which is attached hereto together with a certificate ofservice with res!ect to the said Re:uest seeking !roduction of the documents described inthe Re:uest$

&$ OIf a!!licableS /lthough more than thirty days have !assed %efendant has failed to servea res!onse to Plaintiff;s Re:uest notwithstanding Plaintiff;s follow u! letter re:uesting a

res!onse a co!y of which is also attached herewith$($ OIf a!!licableS %efendant refuses to com!ly with Plaintiff;s Re:uests numbered # and &asserting that said re:uests are irrelevant inadmissable and not reasonably calculated tolead to the discovery of evidence when in fact each of said re:uests is relevant to theissues in the above action$

*$ %efendant;s failure to answer Plaintiff;s re:uests remains without substantial


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AAAAAAAAAAAAAAAO/ttorney;s NameS

77 No$ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAO/ddressS

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAO0ele!hone NumberS

%ated AAAAAAAA

0ast edited by )ary 231234 5 at 5 2 A#.

#1 05-15-2007, 07:04 AM6ary.uest

Posts nTa

)esponse to Prod!"tion of Do"!ments

SAMPL' D'F'&DA&$8S )'SPO&S' $OPLA%&$%FF8S )'96'S$ FO) $ ' P)OD6C$%O&OF DOC6M'&$SAlso re"eived from MA Law Li rar/

%=C=N%/N0;- R=-P N-= 0 P+/IN0ICC;- R=WU=-0 C R 0,= PR %U)0I N C % )UM=N0-

%efendant !ursuant to Mass$R$)iv$P$ (*Gb and Mass$R$)iv$P$ & hereby res!onds toPlaintiff;s AAAAAAAA O%ateS Re:uest for the Production of %ocuments as follows

.eneral Matters and b


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4$ OIf a!!licableS 0he re:uest calls for the !roduction of documents outside the sco!e ofdiscovery !ermitted under Mass$R$)iv$P$ & Gb $

$ OIf a!!licableS 0he re:uest seeks !roduction of certain attorney client !rivileged documentsand certain work !roduct documents$ %efendant reserves the right to identify such documents

and withhold them from !roduction if and when actual !roduction of the documents is madeand an ins!ection conducted$

1$ OIf a!!licableS /lthough the re:uest has not s!ecified a time !lace and manner for the!roduction in antici!ation of such a re:uest %efendant submits that any !roduction ofdocuments at this time should be stayed by the court in order to !rotect the %efendant fromannoyance o!!ression undue burden and ex!ense$

Ga %efendant;s motion for summary


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res!onse$

& %efendant will !roduce the re:uested documents co!ies of which will be !rovided within areasonable time$

( %efendant is unaware of any such documents$ %efendant will seasonably su!!lement this

res!onse !ursuant to Mass$R$)iv$P$ & Ge $

* %efendant will !roduce the re:uested documents on the date and at the time re:uestedbut because of the voluminous nature of the items re:uested will instead make themavailable for Plaintiff;s ins!ection at %efendant;s offices located at ne Industrial 8ay+awrence Massachusetts$

4 %efendant will !roduce the re:uested documents for ins!ection only$ %ue to theconfidential andTor commercially sensitive nature of the documents re:uested %efendant willnot !ermit !hotoco!ying or dissemination of same without a court order limiting uses of theco!ies to this litigation only and for such s!ecific !ur!oses as authoriFed by the court$

%efendant will not !roduce the re:uested documents for ins!ection because the documentsare sub


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%efendant AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA $O%efendant;s NameS

7y Its /ttorneys

AAAAAAAAAAAAAAAO+aw Cirm;s NameS

7y AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAO-ignature of /ttorneyS

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA O/ttorney;s NameS77 No$

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAO/ddressS

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAO0ele!hone NumberS

%ated AAAAAAAA

0hese are s!ecific to M/ but you can change them around to fit your case and state ho!e that

they hel! you guys$ #'3

05-23-2008, 10:23 AM

admin 7ig -ister is 8atching$Site Admin 10,000+ Posts. One of the Few Pro!d

6oin %ate /!r &33&+ocation -cottsdale /9Posts &3 2(&

ere is another )e:!est for Prod!"tion of Do"!ments#

PR %U)0I N C % )UM=N0- Crom %efendant to Plaintiff

#$ 0he alleged credit a!!lication from /ccount Numbers G6%7 /cctX and G ) /cct X bearingthe defendantKs signatureQ

&$ 0he alleged credit agreement from /ccount Numbers G6%7 /cctX and G ) /cct X thatstates interest rate grace !eriod terms of re!ayment et ceteraQ

($ ItemiFed statements or credit card statements from /ccount Numbers G6%7 /cctX and G )/cct X that demonstrate how the alleged amount of V444&$H& was calculatedQ
http://www.creditinfocenter.com/forums/showpost.php?p=945423&postcount=20http://www.creditinfocenter.com/forums/showpost.php?p=945423&postcount=20http://www.creditinfocenter.com/forums/member.php?u=1http://www.creditinfocenter.com/forums/showpost.php?p=945423&postcount=20http://www.creditinfocenter.com/forums/member.php?u=1


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*$ / contract agreement assignment or other means demonstrating that 8ellington/c:uisitions +P had the authority and ca!acity and was legally entitled to collect on thealleged debt from /ccount Number G ) /cct X Q

4$ +etterGs sent to defendant by 8ellington /c:uisitions +P demonstrating an attem!t to

collect on the alleged debt /ccount Numbers G6%7 /cctX and G ) /cct X Q

$ / notariFed statement if !resently existing or otherwise by a !erson with originalknowledge of the alleged debt as it was constituted and who can testify or be sointerrogated in a de!osition that the alleged debt was incurred legallyQ

1$ /ny and all further documents that you believe establish that !laintiff had an outstandingaccount or debt related to /ccount Numbers G6%7 /cctX and G ) /cct X Q

2$ /ny further documentation beyond what has been !reviously re:uested that clearlyestablishes defendantKs liability andTor res!onsibility to the alleged debtQ

H$ /ny and all written communication received by the !laintiff andTor !laintiffKs attorney fromthe defendant regarding the re!orting of the alleged account to any credit re!orting agencyas well as !laintiffKs andTor !laintiffKs attorney accessing of defendantKs credit re!ortGs $

#3$ /ny and all communications from !laintiff andTor !laintiffKs attorney to the defendantex!laining why !laintiff andTor !laintiffKs attorney may have re!orted the alleged debt to anycredit re!orting agency as well as obtaining defendantKs credit re!ortGs Q

##$ /ny and all credit re!ortGs !laintiff andTor !laintiffKs attorney obtained from any creditre!orting agency concerning the defendantQ

#&$ /ny and all notes memoranda or likewise be they handwritten com!uteriFed or ty!ed

regularly ke!t in the normal transaction and business of collecting debts that relate to thedefendant andTor /ccount Numbers G6%7 /cctX and G ) /cct X Q

#($ 0he !laintiffKs /rticles of Incor!orationQ

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