Iterrogatories to utilize when dealing with an OC (Or JDB)

[Beergoggles]

All they have sent me is the bogus affidavit and a outdated cc agreement I am mailing my discovery requests on Monday CMRRR. SO I should hold off on rogs until they send me the documents I ask for?

Originally Posted by usagi555

You are going to need to look at every single interrogatory and compare it to what is in the complaint and what is in any document that they sent you, and decide if you need to keep, tweak or remove it. For example, is the term "Authorized Agent" what the person who signed the affidavit in your case claiming their title is? If no, either remove that interrogatory or change it to match what that person is claiming their title is. If the meaning of the title is clear, remove it. If there is no claimed title, ask what their title is.

[usagi555]

Originally Posted by Beergoggles

All they have sent me is the bogus affidavit and a outdated cc agreement I am mailing my discovery requests on Monday CMRRR. SO I should hold off on rogs until they send me the documents I ask for?

You can send more than one set of rogs in most jurisdictions, assuming you aren't in small claims. Ask some decent questions about the affiant and his/her knowledge about the OC's records, if he/she was employed by the OC, etc...

[1ststephardest]

[QUOTE=antiquedave;1109100]If I had to do it over again I would submit discovery production of documents, interrogatories, and Admissions with my answer to the summons and complaint. (Remember Discovery goes both ways)

QUOTE]

Holy cow, another great thread. Thank You.

I have two questions (probably stupid)

1. Is Motion for Summary Judgment same as Summary Disposition?

2. Is there a differance between cross complaint and counter complaint?

[1ststephardest]

Bump

[usagi555]

[QUOTE=1ststephardest;1148879]

Originally Posted by antiquedave

If I had to do it over again I would submit discovery production of documents, interrogatories, and Admissions with my answer to the summons and complaint. (Remember Discovery goes both ways)

QUOTE]

Holy cow, another great thread. Thank You.

I have two questions (probably stupid)

1. Is Motion for Summary Judgment same as Summary Disposition?

2. Is there a differance between cross complaint and counter complaint?

1. I believe so, at least in Michigan. Better get conformation on that though.

2. I've never dealt with either, but my understanding that a cross complaint is something that you would file against a co-defendant, while a conterclaim is basically suing the plaintiff.

[tzrz]

Quick question about Discovery and Plaintiff's garbage responses. Can Plaintiffs responses to discovery be "verified" by a "paralegal" employed by the Plaintiff? (Received verification pages signed by two different paralegals) In one response they claim the paralegal is employed by the Plaintiff (MIDLAND), in another, they claim the paralegal is employed by MCM, a debt collector, identified in yet another document as an "in house legal/collection department)??? Preparing my Meet & confer letter, but have not found an answer as to who must verify their responses.
Thank You

[BV80]

Originally Posted by tzrz

Quick question about Discovery and Plaintiff's garbage responses. Can Plaintiffs responses to discovery be "verified" by a "paralegal" employed by the Plaintiff? (Received verification pages signed by two different paralegals) In one response they claim the paralegal is employed by the Plaintiff (MIDLAND), in another, they claim the paralegal is employed by MCM, a debt collector, identified in yet another document as an "in house legal/collection department)??? Preparing my Meet & confer letter, but have not found an answer as to who must verify their responses.
Thank You

MCM is Midland Credit Management. I believe it handles the accounts for Midland Funding. They are both part of the Encore Capital Group.

What is it they are verifying? It might be better if you start a new thread in "Is There a Lawyer In the House".

[Savoir]

[QUOTE=1ststephardest;1148879]

Originally Posted by antiquedave

If I had to do it over again I would submit discovery production of documents, interrogatories, and Admissions with my answer to the summons and complaint. (Remember Discovery goes both ways)

QUOTE]

Holy cow, another great thread. Thank You.

I have two questions (probably stupid)

1. Is Motion for Summary Judgment same as Summary Disposition?

2. Is there a differance between cross complaint and counter complaint?

Answer to #1: Yes ..... just to be different, Michigan calls Summary Judgment Summary Disposition. Don't ask me why.

[drvrer]

I wish I had seen this before. I am being sued bi Citi. We went throught a series of interrogatories, and they never replied to my set of questions where I asked them to prove the account was mine. Instead, they included an affidavit with a few cc statements. I never requested a discovery bc I did not know better. Well, their attorneys filed a motion for summary judgement that will take place in one week. Can I still claim that they violated anything with the affidavit? Can I file for discovery at this point? Please help.

[drvrer]

BTW, I did file a counterclaim against them.

[Heeeelp]

[QUOTE=antiquedave;110927

4. Documentation as to chain of assignments involving of all parties identified or not. All contracts, agreements, Master Agreements, assignments, or other means demonstrating and illustrating the transfer of the receivables to and from the alleged account to xxxxxxxxxxx Funding and bbbbb. To include but not limited to actors and agents of nnnnnnnnnnn i.e. showing that they had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Copies of ALL correspondence sent to defendant by xxxxxxxxxxx and PC., ccc Financial and gggggg Collections demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized affidavit, if presently existing or otherwise, by an employee of vvvvvvvvvvv with original knowledge of the alleged debt, as it was constituted, and who can testify, be so interrogated in a deposition, or respond to admissions and interrogatories that the alleged debt was incurred legally and to the process of review of said account. Further a copy of any internal policies and procedures outlining the methods used for verification of the alleged account by aforementioned affiant and all further documents that you believe establish that defendant had an outstanding account or debt related to “”Account””; in the possession of xxxxxxxxxxxxxxxxx and it’s subsidiaries, agents, holding companies or other entity exerting any control or influence over said account at any time since the alleged account was created.[QUOTE]

4. Do I need to include this in my request even if Midland alleges they bought debt from OC (Chase)? If so, what do the xxxx, bbbbb, and nnnn represent?

5. What do the ccccc and gggg represent?

6. VVVV=JDB or OC? XXXXX=??

Thanks in advance! This board has been great, just too much info to sort thru (my head is spinning right now) so any help here is appreciated. Thanks again.

[Lena]

This law firm is coming after me from a credit card balance from 2003. Bank One/Chase bank closed the account in 2003 and continued charging me up to $170.00 per month in late fees, over limit and interest charges. I filed an answer with the court within the time limit so I would not get a default judgement. I also sent a debt validation request to the law firm which also sent me an entire packet of interrogatories and a request for admissions. Then they send me a separate letter two days later advising that they have been trying to call me but by law they are not allowed to leave a message.... Now they want to talk to me...the first document that I received advising me that this law firm was coming after me was the summons and complaint. Just looking for some responses to the Interrogatories. BTW this is from CACH, LLC.
Thank you!

[nobk4me]

Originally Posted by Lena

This law firm is coming after me from a credit card balance from 2003. Bank One/Chase bank closed the account in 2003 and continued charging me up to $170.00 per month in late fees, over limit and interest charges. I filed an answer with the court within the time limit so I would not get a default judgement. I also sent a debt validation request to the law firm which also sent me an entire packet of interrogatories and a request for admissions. Then they send me a separate letter two days later advising that they have been trying to call me but by law they are not allowed to leave a message.... Now they want to talk to me...the first document that I received advising me that this law firm was coming after me was the summons and complaint. Just looking for some responses to the Interrogatories. BTW this is from CACH, LLC.
Thank you!

When is the last time you paid on this account? It might be outside the statute of limitations, and, it probably is out of statute in Delaware, which Chase uses as the governing law.

I would look into the arbitration strategy. JDBs hate arb because of the costs.

[Lena]

The last payment was made in 2011 which is the result of another JDB coming after me in 2008. I was scared and didnt know what to do so I signed Stip of Settlement with the previous JDB. I lost my job in 2008 and tried to reach out to the JDB but they ignored all of my letters and calls so I stopped paying the bill because I realized that I would be paying the JDB for fees charged by the OC and not the principle balance. In March 2012 I receive a summons & complaint from FSKS and that was their first communication with me. I restarted the SOL with my 2011 payment. I can't use that defense.

[Public Enemy]

Hi Lena,

I think you will get more help if you start a new thread and answer the questions in this thread Q's to answer when posting in this forum - please read!

You can cut and paste the information from these posts as well.

[alexander323bc]

I live in new york and I was advised to send a letter of interrogatories to the answers I received during disclosure. I am only asking 2 questions. Do I have to provide all the definitions and instructions?