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Everything posted by rightfullynotyours

  1. @shellieh98 Thank you very much! i am all over reading the posts as I dont want to miss a deadline. I will keep posting as I go along I appreciate your guidance !
  2. On Oct 1st I sent them this... PROPOUNDING PARTY: DEFENDANT MY NAME RESPONDING PARTIES: PLAINTIFF MIDLAND FUNDING LLC. SET NO.: 1 (One) Pursuant to §2031 of the California Code of Civil Procedure, AND California Code of Civil Procedure Section 454, to furnish and serve Defendant MY NAME, within 10 days of the date of service of this request, the written response and statement required pursuant to CCP §§2031 (g), (h) and (i) and please produce for inspection and copying within 10 days of the date of service of this request, at 5:00 p.m., at MY ADDRESS the following DOCUMENTS and things listed below. / / / I. DEFINITIONS “DOCUMENT” means and includes, but is not limited to, the following: ANY writings, drawings, graphs, charts, photographs, phonograph records, tape recordings, notes, diaries, calendars, checkbooks, books, papers, accounts, memoranda, correspondence, reports, spreadsheets, working papers, drafts, appointment books, videotape recordings, and ANY computer-generated, computer-stored or electronically stored matter, such as e-mail, instant messages, computer databases and electronic data stored on hard disks, floppy disks, magnetic tape or other electronic storage medium, as well as ANY other written, typed, printed, graphic or recorded matter of ANY kind, however produced or reproduced; ALL “writings” within the meaning of California Evidence Code §250; and ALL “writings,” “recordings” and “photographs” within the meaning of Federal Rules of Evidence §1001. Any written, printed or electronic copies of DOCUMENTS bearing notations, marks or codes not found in the original shall be deemed to be different DOCUMENTS and shall also be produced. “ANY” shall mean “any and all.” Similarly, “ALL” means “any and all.” 1. ALL DOCUMENTS relating to or constituting ANY agreement between Defendant and Plaintiff. 2. ALL DOCUMENTS relating to or constituting ANY assignment to Plaintiff of the Account referred to in the complaint. 3. ALL DOCUMENTS and ANY details of the Account on which the cause of action for goods sold and delivered, money had and received, money lent or paid, quantum meruit of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item. 4. ALL DOCUMENTS constituting statements of Account number XXXX-XXXX-XXXX-0000 showing all payments and credits from inception until present. MY NAME In Pro Per
  3. OK Guys I have received today in the mail a Case Management Statement for Oct 25! and the Hearing Date Notice for the same date, does this mean that I have to send my Interrogatories and Demands of Production of Documents and Admissions? Do I have to file in court my Case Management Statement as well before 15 days prior the hearing date? Also I am a bit confused, do I have to send to plaintiff these documents by a third person or I can just doit myself and mail it myself? Please any help I think I am freaking out already! I dont want to miss a deadline!
  4. Thank you shellieh98!!! great thread lot of info, I will work on my responses tomorrow (I am too going to bed lol) I did sent them the BOP and gave them 10 days to respond I will also post them tomorrow and maybe you can tell me what you think. Thank you for the help. Nite nite!
  5. Well its seems that these bastards want me to do their work lol yeah sure right let me get it you you right away ! jeezz or so how should I proceed with this?
  6. Then also received in the same package.. Plaintiff demands for production of documents to defendant set #1 Documents to be produced 1 Any and all documents that refer or relate to credit cards used to you by Chase Bank 2 Any and all documents that refer or relate to a credit card assigned by chase from March13 2008 to January 31 2012 3 Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by Chase bearing the account # xxxxx 4 Any and all documents that refer or relate to payments made by you to Chase that were to be applied to the outstanding balance to the Chase Credit Card 5 Any and all documents that refer or relate to correspondence sent by you Chase from 03/13/08 to 01/31/12 6 Any and all documents that refer or relate to correspondence recieved by you from Chase same dates 7 Any and all documents that refer or relate to telephone calls made by you to Chase that referenced the credit card 8 Any and all documents that refer or relate to telephone calls received by you from Midland Funding 9 Any and all documents that refer or relate to correspondence received by you from Midland.
  7. Then I received in the same package Plaintiff Special interrogatories to defendant set #1 Definitions same as above Special Interrogatory 1: State each name by which you have been known in the last 6 years Special Interrogatory 2:State each residence address you have had within the six years prior to the date of your responsesincluding dates you lived at each address. Special Interrogatory 3:State name,address and tel # of each employer you have had for the past 5 years including the dates you worked for each employer. Special Interrogatory 4:Did you ever report to Chase Bank that there was an inaccuracy in any billing statement you received from Chase? Special Interrogatory 5:Did you ever report in writing to Chase Bank that the account was opened as a result of fraudulent activity?
  8. HI everyone! I just received a nice huge package from Midland boys : Plaintiff Request for admission to defendant set #1 Definitions The term account is defined as Chase Bank USA account # yada yada Admission 1: Admit that you applied for the account Admission 2: Admit that you used the Account Admission 3: Admit that you received monthly billing statements from Chase Bank or its predecessor in interest that related to the transactions made. Admission 4:Admit That you made payments on the Account. Admission 5:Admit that you owed 1,306.37 Admission 6:Admit that that you have not repaid the $1,306.37 due on the Account. Admission 7:Admit that the date of your last payment was Sep/01/2011 Admission 8:Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff Midland Funding Admission 9:Admit that you did not dispute the ownership of the account by Midland Funding Admission 10:Admit the notice of new ownership and pre-legal review attached hereto as exhibit A is a true and correct copy of the letter you received from Plaintiff Midland Funding Admission 11:Admit that did not dispute the accuracy of the notice of New Ownership and Pre-Legal Review letter on exhibit A Admission 12:Admit that you owe Plaintiff Midland Funding $1,306.37 How should I respond to these ??? any help appreciated!
  9. Thank you guys! I will send them the request, I will get them 10 day to respond, and I will let you guys know what happened. Thank you racecar & 1stStep!
  10. HI Guys Great Forum!!!! Tons of Info here. I followed a lot of the suggestions here and I had the nerve to filed an answer, now I am waiting for hearing date on October 20ish (I dont want to put too many details as they always snoop around) The summons is as usual, You owe the money, we tried to contacted you, we never find you, we send you tons of letters you never responded, we always tried to help people like you, you broke our hearts and now we had no choice but to sue you for: amount $1,300 plus 10% interest starting February 2013, we want cost of suit and other reliefs the court deem proper like kleenex cost that we used to wipe our tears because of our broken heart... yada yada yada..bullshit!... I answer them general denial and affirmative defenses that goes like.. Failed to contact me, never received anything via mail of phone, that they have fail to prove in the summons proof of debt, that they incurred in predatory lending and FCRA and FDCPA violations, want the case dismissed etc etc by the way for people out there that want to do this on your own FYI there is a cost of the Answer in my case $230 something dollars OUCH didn't expect that! that is almost a 1/4 of the alleged debt! So... now that I have a hearing date what should I do in the mean time? should I go and file Discovery requests? or Answers? or I do nothing until after the hearing? NOW what should I expect at Hearing? how can I prepare for the hearing? any help out there will be appreciated! I am excited to do this myself I checked the San Diego Court files from Midland Funding and the amount of judgments against consumers is staggering and Sad to say the least this monsters need to be stopped one day! I checked probably 80 filings and all of them were un-answered therefore they won every single time by default! Wow... Thank you guys!