anotherday.gone

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About anotherday.gone

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  1. Midland's attorney sent their interoggatories, request for production and request of admissions by first class mail (I think) without a signature card, just received in my mailbox. The documents are dated on the 7th of November, but I didn't receive them until somewhere around the 14th-16th. I have 30 days from the date of service (or receiving the envelope). I thought that I had another week because of the actual date that I received the docs, but now I can't find the envelope that they came in. I probably threw it away with the junkmail. Now I'm worried that the attorney is going to claim that I failed to answer. How do I go about finding out when I actually received the documents. Should I call the attorneys firm and ask whether they sent out any discovery yet and if so what date did they send it out? If they give the date to me, I can then add a day or two to find out the actual date. Would they be succesfull in attempting to seek a default judgement? How do I buy more time? Thanks.
  2. I'm sure you all know this, and I might have missed the info in the thread; but you do know that not only did WAMU aquire Providian, but Chase then aquired WAMU a few years back. I think I have the explanation above correct...? Just thought I'd share. I'm defending from Midland on a Chase credit card account. : )
  3. I already have another topic open, so please let me know if I should consolidate, but I was hoping for a quick answer to this question so I know what I should be doing as far as interrogatories and such. The court clerk told me today that the Judge denied Midland Funding/attorney's request for pretrial conference. She said that it was due to no evidence of somthing...I think maybe no evidence that a pretrial conference will be needed? The clerk was very vague and didn't wan to be too helpful. I'm assuming that the judge is already picking apart their case...or, the case is so clear-cut that it should just go straight to trial. I know I'm probably looking too much into this... Thanks!
  4. BV- No, I did not admit to it because I had no idea what they claimed I owed $$ and I hadnever heard of Midland Funding. In non-legal jargon (I don't have the document here right now), however I did answer it in legaleze : basically I can not admit or deny as I have never heard of Midland, I do not have the resources to know what debt they are talking about, as they did not provide me with any proof whatsoever.
  5. Thank you soooo much guys! Great ideas. Obviously you look at them as I do: IDIOTS! Luckily I did study pre law in college; unfortunately I didn't study business law. So I guess the biggest issue for me now is: I did have the Chase card, but since it was 4 years ago I wanted verification so I didn't give any info, just requested docs proving it. So I need to be honest about the having the card, making payments, etc. So is this irrelevant since Midland does not have an agreement with me or doc to bring in court? I know I have a good legal stance, but does this ruin my chances? I don't see how having a chase account and making payments on it has anything to do with Midland Funding buying the account and suing me without any agreement or signiture?? THanks soooo much again, you all are wonderful!
  6. I know VERY long! I can't let these guys win! These docs are a little amusing. After reading through all of this it seems as if they are going around and around asking the same questions, hoping that they confuse me so that I answer the questions wrong or accidently admit to something. I think that using the resources on this board had helped me to show them that I know a little about what I am talking about so they are trying to confuse me. Received Plaintiff's first set of interrogatories, request for production of documents and request for admission to the defendant. This is in accordance with Rule 34 of the Utah rules of Civil Procedure This attorney seems to be attempting to "see what sticks!" The request for documents: Midland's attorney is demanding documents: Basically they want everything (2 pages worth) that you could possibly imagine electronic, photo copied, microfiche, email and voicemail messages!?? THIS ONE'S THE BEST: Internet service provider's records, including user account information and identification or firewalls, caches and cookies; network router traffic indicia; world wide web pages, including HTML, XML, SCML, XGML, VWL, Adobe Acrobat Is this not invasion of privacy? If I were to give them any ISP account numbers, cookies & caches, e-mails, voicemails, wouldn't this fall under the Electronic Communications Privacy Act? Then they are requiring me to state: The date of the document or correspondence; the description of the doucument or correspondence in sufficient detail to enable it to be specifically identified, the name of the author of the document, the name and busieness address of the person presently having custody of the document, the name and business address of each person having knowledge of any factual assertions reflected in such documents or correspondence' a statement explaining in reasonable detail the contents of the document (this is all repreated in 3 different paragraphs). THE ONLY INFORMATION/DOCS THAT I HAVE IS A COPY OF MY LAST STATEMENT FROM CHASE WITH THE THEN BALANCE OF $16,000. I requested them to provide my signature on any document with Chase, or for anything in the cardmember agreement that states that Chase could legally sell or reassign a the debt to Midland or any other collection agency, company, JDB. I also requested the original or copy of an agreement between Midland Funding and myself, among other things. Next, the interrogatories: Please note that in my answer I stated that I had no sufficient knowledge of whether the credit card debt was correct, owned by me, etc., as the plaintiff has refused to produce any documents to prove otherwise (Not my exact words). I had a Chase credit card account that I used for my business. The business went bankrupt and therefore I got rid of all financial documents and even put the computer into the dump because it was too slow. My complaint with Midland is that the card was "charged off" by Chase, but I did not enter into any agreement and had no knowledge of who Midland Funding even was until I was served with the complaint. The interrogatories all say the same thing: "please state with specifity and in accord with the rules above witnesses, and their current phone number and address & full description of what witnesses can testify to" Please state each and every fact known to you that you believe will support, substantiate, or profide a foundation or bases for your First Affirmative Defense and contained within your answer, also provide the name and address of each and every witness that...... Exactly the same requests for interrogartories 2-7. Request for Documents and Things Request for Production- #1: provide a true and accurate copy of each and every document or tangible thing known to you that you believe will support, substantiate or provide a foundation for basis for your Fifth Affirmative Defense as contained within your answer. #'s 2-10: Same requests. Request for Admission No. 1: Please admit that you have made every diligent effort to locate and provide all documents above (in short). #2: Admit that you obtained the Credit Card from Chase Bank USA, N.A. #3: Admit that you had possesion of the Credit Card. #4: Admit that you received a copy of the Credit Card terms and conditions (I don't recollect what I received). #5: Admit that you made purchases and/or transactions with the credit card. #6: Admit that you made payments to the Credit Card #7: Admit that you have no evidence that the credit card was issues using false or deceiving practices. #8: Admit that you failed to make the necessary payments required to keep the Credit Card account current. #9: Admit that you owe the debt incurred by this Credit Card (SNEAKY!!). #10: Please admit that you have no admissible evidence to support your first affirmative defense that is contained in your answer. (The burden of proof is on you JDB!) #11: Please admit that you have no admissible evidence to support your second affirmative defense to support your second affirmative defense that is contained in your answer. (Sounds like they are chasing me through a rat maze!) #12: Please admit that you have no admissible evidence to support your third affirmative defense that is contained in your answer #13: and for the fourth #14: fifth #15: sixth I know that I need to study Utah civil procedure, and I know that my stance is that I owe nothing to Midland and have no agreement whatsover with them. Advice please?? Once I win this case I will do everything that I can to help others going through the same situation
  7. Thank you, thank you, thank you Seadragon & BV80... I was thinking along those lines (in your answers), but didn't know how to lay them out. This question is probably obvious...but do I include my affirmative defenses below the answers in this same document? And lastly, the collection calls stopped after I sent the attorney/collector debt verification request. After they sent me back a copy of my OC (Chase) statement, the calls have come back to twice per day. It was my understanding that the only contact that they could make now is to let me know that they are taking legal action. Obviously I know this since they served me a summons. Do you see this as a possible violation? I will be studying my courts rules of procedure the next couple of days. Thanks again....feels good to know that I have a few supporters behind me.
  8. Hi all, I know some of you are so talented with answering these complaints, so I'm just hoping to get some help so I can get it filed soon. I'm having real issues with my son who has autism, and therefore I am close to my breaking point. My summons/complaint seems fairly simple, but I'm not sure how to answer the questions. Am I to answer the claims under"Chronology of Events?" I did open and use the Chase credit card, so I assume that I will admit to this fact. I had no knowledge of the account being purchased by Midland Funding, therefore I assume I deny everything after that. If anyone could just give me a rough idea on how to answer? I am looking into my state/county rules of procedure, but I'm not sure what or how I answer. I'm sorry to be so pushy on this...but I'm running out of time and I'm really worried about this. I don't have an extra penny to give to anyone: In the Third District Court, Park City Department in and for Summit County, State of Utah. Midland Funding v. Anotherday Gone Plaintiff Midland Funding LLC, by and throught the undersigned counsel, alleges and complains against defendant(s), as follows: Parties Jurisdiction and Venue 1. Plaintiff, at all times relevant, is the owner of the debt sued upon herein and authorized to do business in the state of Utah. 2. Anotherday Gone is an individual who upon information and belief resides in the County of Summit, State of Utah. 3. Venue in this Court is proper persuant utah code 78B-3-307. 4. Jurisdiction is vested in this court persuant to utah code 78A-5-102 5. Defendant became indebted to Chase Bank USA, N.A. on a delinquent account ending in 2671 6. Defendant has refused or otherwise failed to pay Chase Bank USA, N.A. for a debt incurred by Defendant 7. Chase Bank USA, N.A. charged off Defendant's account on or about 11/30/2009 8. Plaintiff purchased or was assigned the outstanding balance owed to Chase Bank USA, N.A. on 02/15/2011. 9. At the time the delinquent account was sent to Bennett Law, the delinquent account had a balance owing of $14,659.29. 10. Defendant has since made payments of $0.00. 11. Costs as of the dated of filing the complaint are $360.00. III Prayer Wherefore, Plaintiff Prays for judgement against as follows: a) The outstanding principle amount in the amount of $14,659.29 Prejudgement interest at a rate of 10% annum pursuant to Utah Code Ann. 15-1-1 commencing on 11/30/2009. c) All costs incurred in bringing this action persuant to Rule 54 Utah Rules of Civil Procedure; d) Upon judgement, post judgement interest will accrue at a rage of 2.30% pursuant Utah Code Ann. 15-1-4; e) Reasonable costs incurred by Plaintiff to collect the money judgement; and f) Any further relief as the Court deems just and equitable.
  9. I'm in Utah- The attorney that is representing Midland Funding first sent a "courtesy letter" stating that I owe $16,715.60, as Midland purchased my original debt from Chase. I sent in a debt verification request asking for all of the docs that some on this forum advise. About a month later they sent me back a copy of my Chase credit card statement and a page of the fine print. The date of the statement was Dec of 2009 with the amount owed of $14,659.29. There was nothing in the fine print that said my debt could be sold or transfered. I got the summons last week which stated that I owed the $14,659.29. So this might not mean anything, but I'm wondering why the attorney claimed that I owe a higher amount previously than what was listed on the Chase statement and the Attorney's original letter. In the complaint they are seeking to add post collection interest (of a certain amount) and fees plus $350 for the cost of filing. So does any of this put up a red flag to any of you? Second, I requested DV and also included a cease & desist statement. After the day the debt validation letter reached me, the attorney/collection firm resumed daily calls. Since being served by the summons I've been getting twice daily calls. Thank you to everyone here!
  10. The first letter I got from Midland's attorney claimed I owed over $16,000 for an old debt that was charged off by Chase. In the summons and on the Chase statement they sent for my debt validation, the debt amount is just over $14,000 (please see below), is this legal? I have no idea how to anser this summons. Could someone just give me a rough idea if anything? Thanks everyone. In the Third District Court, Park City Department in and for Summit County, State of Utah. Midland Funding v. Anotherday Gone Plaintiff Midland Funding LLC, by and throught the undersigned counsel, alleges and complains against defendant(s), as follows: Parties Jurisdiction and Venue 1. Plaintiff, at all times relevant, is the owner of the debt sued upon herein and authorized to do business in the state of Utah. 2. Anotherday Gone is an individual who upon information and belief resides in the County of Summit, State of Utah. 3. Venue in this Court is proper persuant utah code 78B-3-307. 4. Jurisdiction is vested in this court persuant to utah code 78A-5-102 5. Defendant became indebted to Chase Bank USA, N.A. on a delinquent account ending in 2671 6. Defendant has refused or otherwise failed to pay Chase Bank USA, N.A. for a debt incurred by Defendant 7. Chase Bank USA, N.A. charged off Defendant's account on or about 11/30/2009 8. Plaintiff purchased or was assigned the outstanding balance owed to Chase Bank USA, N.A. on 02/15/2011. 9. At the time the delinquent account was sent to Bennett Law, the delinquent account had a balance owing of $14,659.29. 10. Defendant has since made payments of $0.00. 11. Costs as of the dated of filing the complaint are $360.00. III Prayer Wherefore, Plaintiff Prays for judgement against as follows: a) The outstanding principle amount in the amount of $1,4659.29 Prejudgement interest at a rate of 10% annum pursuant to Utah Code Ann. 15-1-1 commencing on 11/30/2009. c) All costs incurred in bringing this action persuant to Rule 54 Utah Rules of Civil Procedure; d) Upon judgement, post judgement interest will accrue at a rage of 2.30% pursuant Utah Code Ann. 15-1-4; e) Reasonable costs incurred by Plaintiff to collect the money judgement; and f) Any further relief as the Court deems just and equitable.