Keep the copy for yourself.
If you have questions, talk to a lawyer at a debt clinic. Clinics are held at the:
- Boston Municipal Court every Wednesdays on the 5th Floor of the Edward Brooke Courthouse from 9am-12pm.
- Quincy District Court Small Claims, 2nd Floor, The first Tuesday of every month at 1:30pm.
- Cambridge District Court Small Claims, Thursdays at 8:45am.
- Framingham District Court the first Wednesday of every month from 1pm to 3pm.
- Worcester District Court Small Claims, Tuesdays at 8:30am.
Your Interrogatories and Requests for Production of Documents start on the next page.
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
county, SS
court Court
Docket Number:docket
________________________________
creditor,
Plaintiff,
V.
name,
Defendant.______________________
DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS
This request for Production of Documents is submitted for you to answer pursuant to Rule 34 of the Massachusetts Rules of Civil Procedure, with production to take place by mail within the time allowed to name at address.
a) The term 'communication' as used herein shall mean the transfer, exchange, disclosure, or transmittal of information (in the form of facts, ideas, inquiries, or otherwise) whether orally, or by document, whether in person, by telephone, by mail, by personal delivery, by computer, by email, or otherwise.
b) The term 'document' as used here includes: writings, drawings, graphs, charts, photographs, recordings, data compilations (translated, if necessary by the respondent through detection devices into reasonable usable form), contracts, agreements, correspondence, memoranda, reports, notes, requests, bills, orders, notices, writs, declarations, complaints, answers and other court pleadings, schedules, tabulations, checks, diary entries, telegrams, diagrams, films, newspaper clippings, computer files, emails, and other writings and recordings of whatever nature, whether signed or unsigned, transcribed or not, and whether asserted to be privileged or not.
c) The term 'defendant' refers to name.
d) The term 'plaintiff' refers to creditor, and its agents, contractors, servants, employees, attorneys and accountants.
e) To the extent any paragraph is objected to, please set forth all reasons for your objection.
f) To the extent that any document cannot be furnished, such documents as are available shall be supplied, together with a description of the documents not furnished and the reason for not furnishing them.
Request for Production of Documents
1. Copies of all applications or contracts which were allegedly signed by the defendant.
2. Copies of all charge slips which were allegedly signed by the defendant.
3. A copy of each monthly statement for the alleged account, from the date that the account was opened until the commencement of the above titled action.
4. Copies of any and all documents which show that the plaintiff is the owner of the specific obligation or claim upon which it sues.
5. A copy of all contracts, agreements or other documents between the plaintiff and any of its predecessors in interest relating to the purchase of debts, the collection of debts, or transfers of funds between such parties.
6. Copies of any and all documents that which supports your claim that the defendant owes the debt to the plaintiff.
7. Copies of any and all communications between the defendant and the plaintiff or any of its predecessors in interest.
8. Copies of any and all documents that in any way relate to or involve the alleged account.
9. A copy of the alleged account terms and conditions at all times said account was open and active.
10. Copies of any and all documents that in any way relate to all payments, credits, charges, fees and interest on the alleged debt, including but not limited to the dates, amounts and rate(s) of interest (if applicable) of each.
11. For each person whom Plaintiff expects to call or may call as an expert witness at the trial of this matter, or at any hearing or motion:
a. A current curriculum vita or resume, as well as employment, agency or independent contractor agreement.
b. All documents, including draft and final documents, reports, work papers, notes, memoranda in the file of, reviewed by, utilized by, relied upon, in whole or in part, or prepared or created by such person.
12. Copies of any and all documents that the plaintiff intends to introduce as evidence at the trial of this action.
13. Copies of any and all documents that the plaintiff intends to use in any way at the trial of this matter.
Respectfully submitted by the Defendant,
_________________________________________
name
CERTIFICATE OF SERVICE
I hereby certify that a true copy of these Requests for Production of Documents were served upon the attorney of record for the Plaintiff, attorney by regular first class mail postage pre-paid on service.
_________________________________________
name
This form was prepared using form preparation software without the assistance of counsel.
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT
county, SS
court Court
Docket Number:docket
creditor,
Plaintiff,
V.
name,
Defendant.
DEFENDANT'S REQUEST FOR INTERROGATORIES
Now comes the Defendant in the above captioned matter and requests, pursuant to Mass. R. Civ. P. 33, answers to the following Interrogatories. Responses shall be produced by mail within the time allowed to name at address.
Definitions
Throughout this request:
a) The term 'Claim' refers to the debt, account or credit obligation that is the basis for this lawsuit.
b) The term 'Defendant' refers to name.
c) The term 'Plaintiff' refers to creditor.
d) The terms 'You' and 'Your' refer to the Plaintiff, and its agents, contractors, servants, employees, attorneys, and accountants.
Interrogatories
1. Please state the name, address, employer, business location and position of the person or persons answering these Interrogatories and also of all other persons who assisted in gathering information for the answers.
2. On the date of filing the complaint for the above captioned case, please state whether the plaintiff or its counsel possessed any written credit applications signed by the defendant or any written contract signed by the defendant. If your answer is yes, please identify any such document by date, sender, recipient, location and custodian.
3. As to the claim upon which the plaintiff is suing, please state:
a. The amount the plaintiff paid to acquire the claim.
b. The name and address of the entity from which the plaintiff purchased the claim.
c. The date of the purchase of the claim.
d. The manner of the purchase of the claim.
4. Please state the name and address of all entities which have owned the claim upon which the plaintiff is suing, and, for each entity, state the amount each entity paid to acquire the claim and the date of acquisition.
5. Please state whether the claim upon which the plaintiff is suing may be returned or refunded to the predecessor in interest, and under what circumstances.
6. For the alleged account that is the basis of the claim upon which the plaintiff is suing, please state:
a. The date the account was opened.
b. The date the account was closed.
c. The date of the last purchase on the account.
d. The date of the last payment on the account.
e. The total portion of the claim obligation that is principal.
f. The total portion of the claim obligation that is interest.
g. The total portion of the claim obligation that are fees.
h. The current interest rate on the claim.
7. Please state the date on which the plaintiff, or its assignors, sent an accounting of the indebtedness to the defendant. For each date, identify each mailing service, person or entity who mailed said accounting and the address where it was mailed.
8. For each month the alleged account was open through the date this case was commenced, please state:
a. The nature and amount of all charges and debits.
b. The rate and amount of interest charged.
c. The nature and amount of each late charge or other penalty charge assessed.
d. The amount of payment received and how the payment was applied to interest, principal, and/or other charges.
e. The resulting balance on the account.
9. Please state the full name, residential address, name of employer, position, business address and relationship (if any) to you of each person who has knowledge of the facts in this case, or who might possibly be called by plaintiff as a fact witness, and for each such person summarize the facts within the knowledge of such person.
10. Please identify by full name, residential address, name of employer and business address each person whom you expect to call as an expert witness at the trial of this action and, with respect to such expert witness, please state the subject matter on which each such expert is expected to testify, the substance of the facts and opinions to which each such expert is expected to testify and a summary of the grounds for each opinion to which each such expert is expected to testify.
11. Please state if Plaintiff received a request to cease and desist contact with the defendant, and if so state the date you received such notice.
12. Please state in detail and with particularity each and every fact and circumstance which supports your claim that the defendant owes the alleged debt.
Respectfully submitted by the Defendant,
_________________________________________
name
CERTIFICATE OF SERVICE
I hereby certify that a true copy of these Interrogatories was served upon the attorney of record for the Plaintiff, attorney by regular first class mail postage pre-paid on service.
_________________________________________
name
This form was prepared using form preparation software without the assistance of counsel.