abelincoln

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About abelincoln

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  1. The rundown: Sued by Kohn Law Firm on behalf of Midland Funding from a discharged CC from Chase.Alleged debt is around $1500Was sent "records" only going back to around $1100Was sent "bill of sale" only showing that Midland bought (redacted amount of) accounts from Chase (for redacted sum of money)Was sent Request for admissions, interrogs, and docsReplied to above requests using info found on this siteSent my own Requests to Kohn using info found on this siteReceived the same docs from Kohn as response after about 40 days (limit in WI is 30 days, so they were late) The case was filed in January and "adjourned for further proceedings" twice. A few weeks ago we met with commissioner, who warned the lawyer... "You better have evidence that you own this debt. I'll be upset if months after this started you don't have anything" Case was adjourned to August and is scheduled for "Evidentiary hearing". My questions are What would be your next step of action if you were in my shoes?Should I filed a MTC to get better answers to my requests?Should I file a MTD?Should I file a SJ?What should I have prepared for my evidentiary hearing?I'd appreciate help from anyone!
  2. DEFENSES Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. Defendant claims Lack of Standing, as the Plaintiff has not provided a chain of ownership and, therefore, has not proven legal standing to sue. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant. Plaintiff did not serve a "notice of Right to Cure" 15 days prior to suit as stated in WI Stat. 425.104 & 105. Plaintiff did not serve a “notice of assignment” as stated in WI Stat. 422.409. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account nor provided writings evidencing all transactions of the alleged account as stated in The Wisconsin Consumer Act, Wis. Stat. 425.109(2). Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.
  3. REQUESTS FOR DOCUMENTS REQUEST 1: Please provide copies of any payments which you feel were not appropriately applied to your account, including fronts and backs of checks. REQUEST 2: Please provide copies of any written billing disputes that you submitted regarding this account. REQUEST 3: Please provide copies of any documents that you intend on producing at trial. REQUEST 4: Produce copies of any documents in your possession regarding the account. REQUEST 5: Produce copies of any documents which you obtained and/or reviewed for purposes of investigating the validity of this debt. REQUEST 6: If you dispute the terms of the account such as interest and/or fees, provide a copy of the credit card terms and/or conditions that you believe should have applied to the account. REQUEST 7: Produce copies of any documents upon which your Counterclaim(s) is/are based, or upon which you rely in asserting your Counterc1aim(s).
  4. INTERROGATORY NO.8: Please provide the following information relevant to any billing disputes communicated by you or an authorized representative regarding the account: a. to whom the dispute was communicated and/or directed; b. list all parties involved in the communication; c. the date of the communication; d. the method of communication; e. the substance of the dispute. INTERROGATORY NO. 9: If you acknowledge having this credit card account, but your dispute is limited to the balance, please state what you believe the balance was at the time you stopped making payments. INTERROGATORY NO. 10: Specify in detail all facts upon which your counterclaim against Midland Funding LLC is based. INTERROGATORY NO. 11: State in detail all facts upon which your Counterclaim for violations of the Fair Debt Collection Practices Act is based. INTERROGATORY NO. 12: If you dispute any of the particular transactions, please itemize those transactions by date and amount and set forth the bases for those disputes. INTERROGATORY NO. 13: If you dispute any of the interest rates and/or charges, itemize those disputes by date and specify the interest rates and/or charges that you believe should have been applied. INTERROGATORY NO. 14: If you dispute any of the fees, itemize those disputes by date and specify the fees that you believe should or should not have been applied. INTERROGATORY NO. 15: Itemize your claim for damages.
  5. INTERROGATORY NO. 1: List your full legal name, date of birth, and the last four digits of your social security number. INTERROGATORY NO. 2: Please list all addresses at which you've resided between January 2006 and the present date, including the dates applicable to each address. INTERROGATORY NO. 3: Please list all addresses at which you've received mail between January 2006 and the present date, including the dates applicable to each address. INTERROGATORY NO. 4: If your responses to any of the Requests for Admission were anything other than unqualified admissions, set forth the factual basis/bases for such a response. INTERROGATORY NO. 5: If you believe that anyone other than yourself is liable for this debt, whether in whole or in part, state the name and address for each person that you believe is wholly or jointly responsible. INTERROGATORY NO. 6: List all bank accounts from which funds were drawn to pay your bills, including but not limited to credit card accounts, between July 2008 and October 2009. This request includes all bank accounts regardless of whether your name was listed on the account. INTERROGATORY NO.7: If your response to Request to Admit No.7 was anything other than an unqualified admission, please state the following: a. the date on which you believe you last submitted a payment on the account; b. the amount of the payment; c. the method of payment; d. the address to which the payment was submitted.
  6. REQUEST NO. 8: Admit that you have no records in your possession to substantiate that you made any payments on the account subsequent to XXXXXX ZZ, 2009. REQUEST NO. 9: Admit that at the time you submitted your payment of XXX.00 on or about XXXXXX ZZ, 2009, there remained an account balance of $XXXX.00. REQUEST NO. 10: Admit that you went into default on the account by failing to submit the minimum required payment. REQUEST NO. 11: Admit that you resided and/or received mail at XXXX YYYY Street, XXXXXX, WI ZZZZZ from XXXXX 2008 through UUUUU 2009. REQUEST NO. 12: Admit you resided and/or received mail at ZZZZZ VVVVV Street, XXXXXX, WI ZZZZZ from YYYYY 2009 through ZZZZZ 2009. REQUEST NO. 13: Admit you resided and/or received mail at TTTTT BBBBB Street, XXXXXX, WI ZZZZZ from PPPPP 2009 through QQQQQ 2010. REQUEST NO. 14: The numbers on all statements are accurate and undisputed.
  7. REQUESTS FOR ADMISSION REQUEST NO. 1: You applied for, opened, and/or were otherwise granted a credit card with the account number XXXXXXXXXXXXXXXX (hereinafter said account is referred to as the account). REQUEST NO. 2: You used the aforementioned credit card account issued to make various purchases, charges, or other transactions to acquire various goods, services, or other valuable consideration. REQUEST NO. 3: The balance due on this account is $XXXX.00. REQUEST NO. 4: The account statements attached hereto as Exhibit A are true and accurate copies of the credit card account statements for the account. (editor's note: the statements do not go back to zero) REQUEST NO. 5: Admit that you made payments to the account. REQUEST NO. 6: Admit that you made a payment of$XXX.00 to the account on or about XXXXXX ZZ, 2009. REQUEST NO.7: Admit that the $XXX.00 payment made on or about XXXXXX ZZ, 2009 was the last payment you ever submitted on the account.
  8. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!