jesssheka

The judge ruled I could not request discovery and I lost in court.

Update: Judge denied my motion for discovery. Plaintiff sent me a packet claiming that they had sent information proving they own debt but they did not.

I am still waiting on approval from the court to submit discovery. I did receive a letter from the attorney handling the case stating that they wanted to try and settle outside of court. What should I do? When I submitted the request for discovery the court mentioned sending a copy over to the Plaintiff's attorney. Should I do this?

Sorry about that. I wasn't sure since I have two different lawsuits I've just been served with from two different debt buyers. The paperwork I received from the court just states the hearing date and time. It doesn't say what it is for exactly.

THe only thing different from what they originally sent me is the affidavit from Kenneth Sell. For some reason they uploaded in different order than they were in the folder. Sorry.

Here is everything they have sent me. The only thing different from the initial lawsuit paperwork I received is the first 3 pages.

I will be filing this tomorrow morning and will let you know what they say. Thank you.

I did not request discovery.

Yes it is the same case. I'm scanning them now and will attach them shortly. Thanks!

I have my court date set for June 1. Today I receive a certified envelope in the mail containing an affidavit relating to damages and business records as well as a credit card statement, bill of sale with things blacked out, something that says "Exhibit LA AFFIDAVIT OF CREDIT ONE BANK", certificate of conformity, Bill of sale, EXHIBIT F AFFIDAVIT OF SALE, and another affidavit of sale. I'm not really sure what to make of all this. Everything was already sent over to me when the lawsuit was delivered except for the AFFIDAVIT RELATING TO DAMAGES AND BUSINESS RECORDS. According to this someone named Kenneth Sell is certifying that my debt is accurate and is properly owned by Midland Funding LLC. Can anyone direct me where I should go from here?

The court said I will need to file a motion to the court for approval for the discovery. How do i do that?

When I was typing this up I went to the section you had in red to edit it and here is what original petition says "On or about November 19, 2012, Defendant(s) opened a credit account with SYNCHRONY BANK (WAL-MART) in the defendant's (s') name under its account number ending in *******. Defendant(s) used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate defendant's(s') last payment on the account occurred October 23, 2014. Defendant(s) defaulted on the obligation to make monthly payments on the credit account, and the account was subsequently canceled. The credit account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about May 18, 2015. On or about June 20, 2015 Synchrony Bank (WAL-MART) assigned Defendant's(s') credit account to Plaintiff, and Plaintiff is the current holder of Defendant's (s') account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. What do I put in place of the red you have above? Thanks

Thank you. I will take this to the courthouse on Monday and let you know what they say about the discovery part.

Yes, JP Court.

yes they are associated with Rausch, Sturm, Israel, Enerson and Hornik. How do I go about responding?