grayctsv

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About grayctsv

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    louisiana
  1. @BV80 This was for a hearing. Midland filed a motion in limine for their account interrogatories that I responded to three times.
  2. Anyone have any experience in filing a motion to dismiss under Louisiana Rule 12(b)(6) failure to state a claim upon which relief may be granted
  3. Well some good news finally. We had a court date set yesterday for a motion in limine for account interrogatories and they never showed up. Now I need some help drafting a motion to dismiss. Mainly looking for help on the reason for dismissal.
  4. looking for some help with drafting a motion to dismiss. I had a court date set yesterday for a case against Midland Funding, and lucky for me they never showed up. Now I'm filing a motion to dismiss but not sure of what to use as reason for dismissal. Any help is appreciated, thanks. By the way this is in Louisiana.
  5. Been a while since anything has happened and need a little help. I had received a court date back in October to compel to answer Midlands Account Interrogatories. I answered them and got another letter last week asking for better answers. So I redid them AGAIN this time hopefully proving a point (pics attached) Next, since no answer is good enough I wanted to file my own Motion to Compel Discovery. I had sent my own Request for Production but they objected to everything. Is it wise to file this hoping they having nothing else or could it come back to bite me? Next if it's a step in the right direction how do you format it? I've looked and most examples are Plaintiff to Defendant, not reverse. **Their responses are on page 1**
  6. @CCRP626 yes it seems that they want me to compel me to answer something I don't have answers to. Yet they still haven't proven they own the debt or its mine. What would I request from them with a motion to compel? They answered my request for production but objected to everything and submitted the same old "documents." @BV80 I believe they "authenticated" their statements with the affidavits they sent from people that probably don't exist. I will look into business rules exception for Louisiana. I'm going to draw up my opposition this weekend, I will post it up before I send. @debtzapper I will look into filing a complaint thanks for the help everyone, I'm sure I'll need some more guidance
  7. @BV80 so I should wait for them to file motion with court house and use the Order as my main defense? I looked up many cases today for defenses and ready to type up a opposition. I'm just trying to figure out if I must answer discovery again or wait until they file motion. They had sent statements but they're all "copies" and a bill of sale that doesn't mention name, account, social security, etc.
  8. I have a question for anyone that can help. I cannot afford to take time off work and spend the money for depositions so I've decided to oppose the motion for summary judgement. I'm looking at the motion they have threatened to file and had a question regarding the part about discovery. I answered their first set and objected to them, pretty much the same as they did my requests. I'm going to post a picture of the motion but my question is regarding the last two paragraphs about discovery. Do I have to do it again, or do I oppose the judgement with my reasons and case laws? I know it's not yet filed with the courts but I hope to have this done before I do receive it.
  9. @debtzapper I just finished it and I must serve a notice to plaintiff. If they do not represent the affiant then I would need to subpoena her. My next question is, am I required to use a court reporter to record the deposition of can I just record it myself? Lastly, does anyone have a sample motion to depose witness? I haven't found many.
  10. As far as I know the affiant I would like to depose is a worker of Citibank not midland. I'm not quite sure what I am supposed to do from here on. Do I send a letter similar to 10.1 conference stating that I would like to compose a deposition with Patricia hall via telephone conference with date and time? I've looked at Louisiana laws for depositions and it's not very precise.
  11. If I were to subpoena should I serve both affiants or just the citibank rep with bill of sale and all the documents. Also should I subpoena the witness and have her testify or duces tecum?
  12. @nascar the court has not set a discovery deadline, the attorney has threatened to file their MSJ on or around that day. I would be continuing discovery to depose the affiants regarding their supposed affidavits. @CCRP626 I really don't know how they can say I ever received anything especially if it wasn't sent certified, let alone exists anymore. So what is my best defense? 1) Subpoena the affiants and try to file motion to strike affidavit of debt and file motion to dismiss. 2) create my own affidavit denying allegations argue the fact of no original account level documentation all documents sent are made by midland not original creditor. Ccrp626 defense above for documents received "Plaintiff‘s position that the TILA deprives the consumer of defenses is not only contrary to the statute it relies on and the dispositive interpretation of the FRB, but constitutes another effort to evade the normal burden of proof on a contract claim." this option only leaves denials no actual proof to stand behind 3) all of the above
  13. http://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf @CCRP626 see attached photo it's from link above, I think this relevant to what you said above