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  1. Hi All, As I'm starting to get familiar with the California CCP and came across this: No request for admission may contain subparts, or a compound, conjunctive or disjunctive question. SeeCode of Civil Procedure§ 2033.060 So I believe this means if I see the words "and", "or", I can object to these grounds correct? Example of one of the Request for Admissions: You applied for and opened a credit card account with BANK OF AMERICA/FIA CARD SERVICES. Is this violating CCP 2030.060? And how can I word out the objections to this? Hope someone is online to respond please. Looking to send this out tomorrow. @calawyer @Anon Amos @Seadragon @racecar @helpme @Scientific anyone?? Truly appreciate it!!
  2. Hi. My husband was sued by JDB Midland Funding last year. Suit was filed Feb 8, 2012. We weren't served until June 7, 2012. We are in Texas and the venue is JP Court for approx. $7,000 plus interest ad fees. We immediately sent a VOD since we were unaware of the debt. Midland never answered, (from what I understand in TX there is no time restriction about when you can DV, but the DC has to answer within 30 days, or it's a violation. Don't know if this applies once the suit has been filed). We also filed our answer, etc. A year went by and I was hoping the case would be dismissed for Lack of Prosecution, but we just got a letter with a court date in June. My dilemma: 1) We have not received so much as a generic contract from Midland or their attorneys. I have typed up Interrogatories, Requests for Disclosure and a letter to the Judge requesting permission to conduct Discovery. Since they would have 30 days to reply, do I also file a Motion to Continue? 2) I am so confused as to whether to elect arbitration and if so, with who. I have been reading anything and everything for weeks, now. I have heard that AAA will not enter into arbitration with Midland due to them not paying fees. Does this mean if I elect AAA the case will die because the won't do business with Midland, or does that mean I have to go with JAMS? I've read that JAMS is a better way to go than AAA, but is arbitration itself a better choice than court due to the fees charged to the JDB? 3) Does anyone know per Texas law (a) Does the right to elect arbitration get waived if you start discovery? and (b How long in Texas before trial do you have to elect arbitration? I have read in some states you can do it right up to 25 minutes before trial. I cannot find clear answers to either of these two questions. Anyone? I'm a little worried about court because the Judge was a banker before he was a judge and not a lawyer. I'm worried about arbitration too, so I'm feeling completely paralyzed by indecision. If anyone has experience with Midland in TX and some advise to offer, it would be much appreciated.
  3. Hi Friends, My wife is being sued in Wyoming for approximately 10K from a JDB based in Colorado. Below is a description of exactly where my wifes case stands. I have several questions that I could use some help with. She did not yet respond to the plaintiff's attorney who requested a "Disclosure Statement". She has also not yet filed any motions for discovery or interrogatories or a motion to strike affidavit of debt. 1. What should I write in my dislosure statement? 2. Could/Should I file for discovery? If yes, what should I write? 3. Could/Should I file interrogatories? If yes, what should I write? 4. Could/Should I file a motion to strike affidavit of debt? If yes, what should I write? 5. Is there anything else I should do at this point? Thank you for any advice/suggestions/guidance you can provide! CombingWyoming 3. How much are you being sued for? APPROXIMATELY 10K 5. How do you know you are being sued? (You were served, right?) YES 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? WYOMING 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). MY WIFE WAS SERVED. THE SUIT INCLUDED AN EXHIBIT WITH A GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THE SUIT ALSO INCLUDED AN AFFIDAVIT FROM THE LAST JDB OWNER OF THE DEBT WHICH INCLUDED MY WIFE'S NAME ON IT. BOTH THE EXHIBIT AND THE AFFIDAVIT INCLUDED THE SAME OC. SHE DENIED ALL COMPLAINTS AND DEMANDED STRICT PROOF. TRIAL DATE WAS SET AND THEN THE ATTORNEY FOR THE PLAINTIFF ASKED TO RESCHEDULE THE DATE FOR PERSONAL REASONS. A NEW TRIAL DATE WAS SET. MY WIFE THEN RECEIVED DISCLOSURE STATEMENTS FROM THE PLAINTIFF AND A REQUEST TO FILE HER DISCLOSURE STATEMENTS. SHE DID NOT RESPOND TO THOSE YET (AND COULD USE SOME GUIDANCE). SHE ALSO RECEIVED FROM THE PLAINTIFF A MOTION FOR LEAVE OF COURT TO AMEND PLAINTIFFS EXHIBIT A TO THE ORIGINAL COMPLAINT AND AMENDED AFFIDAVIT OF INDEBTEDNESS. THIS MOTION SOUGHT TO CHANGE THE OC IN THE ORIGINAL COMPLAINT TO A NEW OC. FOR THIS CHANGE THEY ADDED A NEW GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THEY ALSO ADDED A NEW AFFIDAVIT FROM THE SAME AFFIANT (RYAN) AS BEFORE. THEY ALSO ADDED TWO ADDITIONAL AFFIDAVITS, ONE THAT SHOWS THAT THE OC SOLD THOUSANDS OF ACCOUNTS FOR MILLIONS OF DOLLARS TO JDB #1 AND A SECOND AFFIDAVIT THAT SHOWS THAT JDB #1 SOLD DEBT TO THE JDB WHERE RYAN IS PRESIDENT [NOTE: NEITHER OF THE LATER 2 AFFIDAVITS MENTION MY WIFE AND RYAN'S AFFIDAVIT MENTIONS THE OC BUT NOT JDB #1]. FINALLY, THE LAST THING THEY INCLUDED WAS A GENERIC CONTRACT FROM THE OC WHICH DID NOT HAVE MY WIFE'S SIGNATURE ON IT. I HOPE THIS IS ALL CLEAR AND I'M HAPPY TO ANSWER ANY QUESTIONS. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? COURT DATE HAS BEEN SET. DATE IS COMING UP SOON. Any help and guidance on how my wife should move forward would be greatly appreciated. Thank you very much! CombingWyoming
  4. I should have done this weeks ago, but thankfully there's still time. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Appears to be in house attorneys 3. How much are you being sued for? $2100 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Registered Mail 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember receiving anything from Midland 9. What state and county do you live in? OH, Butler 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I'm not sure, and I can't tell by the bill they provided me. 11. What is the SOL on the debt? To find out: 6 years, based on where I live now. Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Had pretrial conference, next date is late June. Rec'd Discovery request about 2 weeks ago, have about 10 - 14 days to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes to the credit bureaus, no to the creditor. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No - they filed suit soon after I disputed. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I responded already. Working on discovery. Read the rules of procedure for Ohio. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A bill with my name on it from August of 2008. It has the full account number. The bill shows a late fee and the amount past due is about a third of the total balance, so I don't think this bill is from the last date of delinquency. I'm not sure about this account. I remember my ex husband had an account, and I was an authorized user, but it was not a joint account. Also, my ex husband remarried someone with a similar name soon after we divorced, and her name started appearing on my credit report, but the bill is not in her name. Still, I honestly don't know where this account is coming from. Please help!
  5. So, after a few months of inactivity in my JDB case (I have a few older threads regarding it), my hearing date for my motion to compel discovery is a few weeks away. I'm wondering what I should be expecting here. Do i 'argue' my case or does my Motion and seperate statement speak for itself, and I just explain and reiterate the facts? Does the judge rule on it then and there? This will be my first time in front of the judge for this case. I'm confident in the preparation of my motion and statement, but still a little nervous.
  6. Trying to understand how to respond to interogatoies request for admissions and production in a fcra credit pull case Some of the request seem redundant not asking for actual damages in case not requesting experts for a credit pull case also i think asking for my credit report is not required, since thats what i am suing about asking about jail or prison records and questions is irrelavant to case Exhibit A i never recieved in mail recieved thru email from attorney a piece of mail they say was sent 2 years ago Exhibit B was recieved thru email in a response to a intent to sue letter DEFINITIONS A. “Issuer” refers to Citibank (South Dakota), N.A. B. “Account” or “the Account” refers to the Visa Account ending in 4227 issued by Citibank, N.A. in the name of Philip York. C. “Card” or “the Card” refers to the Visa credit card that was issued on the Account. D. “Plaintiff,” “you,” “your,” or “yours” refers to Philip York. E. “Defendant” refers to LTD Financial Services, L.P. and encompasses any person, employee, or other entity authorized to act on behalf of LTD Financial Services, L.P. these are some interogatories and admissions i have been asked below and not sure how to respond INTERROGATORIES AND REQUESTS Interrogatory No. 1: State every address at which Plaintiff has resided or that Plaintiff has used for any business purpose from January 1, 2009, to the present. RFA No. 1: Plaintiff received the Card. RFA No. 2: Plaintiff activated the Card. RFA No. 3: Plaintiff used the Card. Interrogatory No. 2: If your answer to RFAs 1, 2, or 3 was anything other than an unqualified admission please identify all persons whom you contend or believe may have activated or used the Card. RFA No. 4: Plaintiff applied for issuance of the Account. RFA No. 5: The Account was issued to Plaintiff. RFA No. 6. Plaintiff agreed to pay all charges incurred on the Card. RFA No. 7. Plaintiff agreed to pay all charges incurred on the Account. Interrogatory No. 3: If Plaintiff denies having agreed to pay for all charges incurred on the Card or the Account state Plaintiff’s understanding of his obligations upon using the Card or the Account. RFP No. 1: If Plaintiff denies having received the Card please produce all correspondence between Issuer and Plaintiff. RFP No. 2: If Plaintiff denies having received the Card please produce Plaintiff’s checking account records for the period from January 1, 2008 through and including September, 2009. RFA No. 8. Plaintiff received the attached Exhibit A. Interrogatory No. 4: If Plaintiff denies having received the attached Exhibit A then please state the address at which Plaintiff was residing on August 20, 2010. RFA No. 9. Paragraph 21 of Plaintiff’s Complaint describes the conduct of Defendant on which Plaintiff’s suit is based. RFA No. 10. The two credit inquiries described in Paragraph 21 of Plaintiff’s Complaint are the only actions of Defendant forming the basis of Plaintiff’s claim. RFA No. 11: Plaintiff incurred charges on the Account. RFA No. 12: There were no charges on the Account that were not authorized by Plaintiff. RFA No. 13: By accepting each such charge under the terms of the agreement applicable to the Account Plaintiff became bound to pay the amounts of such charges. Interrogatory No. 5: If Plaintiff denies having accepted each charge on the Account, identify each charge on the Account that Plaintiff disputes and state the factual basis of each such dispute. RFA No. 14: Until at least the date that the Account was charged off to profit and loss Issuer sent to Plaintiff on a monthly basis a statement of charges and balance due on the Account. RFP No. 3: Please produce all billing statements to Plaintiff which pertain to or refer to the Account. Interrogatory No. 6: If Plaintiff’s response to RFA No. 14 was anything other than an unqualified admission state the factual basis of any such refusal to admit. RFA No. 15: Plaintiff did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFP No. 4: Please produce true copies of all correspondence from Plaintiff to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RFA No. 16: Plaintiff failed to pay all of the charges on the Account. RFP No. 5: If Plaintiff’s response to RFA No. 16 was anything other than an unqualified admission please produce true copies of all payments made on the Account. RFA No. 17: In 2010, the Issuer engaged Defendant to collect the Account, Interrogatory No. 7: If Plaintiff’s response to RFA No. 17 is anything other than an unqualified admission state the facts on which Plaintiff bases his refusal to admit. RFP No. 6: If Plaintiff’s response to RFA No. 17 is anything other than an unqualified admission please produce true copies of all documents on which Plaintiff bases his refusal to admit. RFA No. 18: The attached Exhibit A is a true copy of Defendant’s correspondence to Plaintiff dated August 20, 2010. RFA No. 19: The attached Exhibit B is a true copy of Defendant’s correspondence to Plaintiff dated October 5, 2012. Interrogatory No. 8: State all dates on which Plaintiff has been in a state or federal jail or prison from January 1, 2008, to the present. Interrogatory No. 9: For the period from January 1, 2004 to the present state each crime of which Plaintiff has been convicted, whether through bench trial, jury trial, or plea bargain. RFP No. 7: For the period from January 1, 2004 to the present state each crime of which Plaintiff has been charged, other than parking and speeding offenses. RFP No. 8: Produce all documents evidencing any credit denial or credit impairment as a result of the conduct described in Paragraph 21 of Plaintiff’s Complaint. Interrogatory No. 10: If Plaintiff is claiming actual damages in this case please: a. state every dollar of actual damages that Plaintiff claims and explain how all such damages were calculated; b. identify all witnesses to such actual damages; and c. identify all documents that evidence or relate to such actual damages. RFP No. 9: If Plaintiff is claiming actual damages in this case please produce the documents that evidence or support every dollar of actual damages that Plaintiff claims. Interrogatory No. 11: Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. Interrogatory No. 12: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. RFP No. 10: With regard to each expert identified in response to Interrogatory No. 12 please produce: a. the expert’s resume or curriculum vitae; b. all non-privileged notes pertaining to the expert’s opinions in this action; c. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and e. all correspondence between you or your attorneys and each such expert. Interrogatory No. 13: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. RFP No. 11: With regard to each person identified in response to Interrogatory No. 11 please produce: a. the person’s resume or curriculum vitae; b. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; c. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; d. all documents and materials reviewed or relied upon by such person in preparing any such report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 12: Please produce all correspondence between Defendant (or any of its attorneys) and Plaintiff (or any of Plaintiff’s attorneys). RFP No. 13: Please produce all correspondence between Issuer and Plaintiff. RFP No. 14: Please produce all statements of Defendant or any of Defendant’s attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If Plaintiff is seeking mental anguish damages from Defendant, please produce: a. the documents evidencing the specific acts or omissions of Defendant that Plaintiff contends were the cause of such mental anguish damages; b. the documents evidencing the date(s), nature, and duration of the alleged mental anguish damages that Plaintiff contends were caused by each such act or omission; c. the documents evidencing the manner in which such alleged mental anguish caused any disruptions in Plaintiff’s daily routine; d. the documents evidencing all mental and physical health care and counseling that Plaintiff received in connection with such alleged mental anguish damages; e. the bills for all mental and physical health care and counseling that Plaintiff received in connection with such alleged mental anguish damages; f. the receipts for all medications that Plaintiff claims to have taken in connection with such alleged mental anguish damages; g. any other documents evidencing such alleged mental anguish damages; and h. a medical authorization in the form attached hereto for every mental and physical health care professional who has counseled or treated Plaintiff in connection with or as a result of such alleged mental anguish damages. RFP No. 17: If Plaintiff is seeking compensatory damages for economic or pecuniary loss from Defendant, please produce: a. the documents evidencing the specific acts or omissions of Defendant that Plaintiff contends were the cause of such alleged economic or pecuniary loss; b. the documents evidencing each component of the alleged economic or pecuniary loss that Plaintiff contends was caused by each such act or omission; c. the payroll records and any paycheck stubs evidencing any alleged loss of wages claimed by Plaintiff against Defendant; d. the canceled check, receipt, or credit card statement evidencing each such alleged economic or pecuniary loss; e. Plaintiff’s last two federal income tax returns; and f. Plaintiff’s last two state income tax returns. RFP No. 18: Please produce Plaintiff’s Trans-Union, Experian, and Equifax reports or a verified consent in the form attached authorizing Defendant to obtain copies of such reports. Interrogatory No. 14: State the amount of attorney’s fees and costs, if any, that Plaintiff is seeking in this case.
  7. Sorry fo making my first post so long time is of the essence and trying to give all info to get as much help as possible. I am in the process of fighting FIA Card Services N.A. and sent out the courtesy letter reminding them they have exceeded the 30 day allowance for discovery that was requested on November 1st and if not received within 10 days I will move forward to fie Motion to Compel Discovery. I am in the state of NH. In respose I received from Plaintiff Motion to Stay Discovery and Schedule Discovery Conference!!!! What is this?? They had 6 points in the Motion and #4 states: Based upon Defendant's objection to the motion for summary judgement and questions propounded in discovery, there appears to be a great disconnect about what this case is about. Such would and has created a disproportionate and inordinate amount of discovery, (and likely motions to compel, motions to extend time to respond to discovery requests, ect.) for the type of matter this is. They also stated Plaintiff's counsel is unable to reach Defendant to discuss Discovery issues, as Plaintiffs counsel does not have a telephone number for Defendant. I already responded to their Discovery.. Do I answer by filing an objection to the Motion to Stay Discovery and Schedule Discovery???? They have my telephone number from when I answered the Writ of Summons after they filed a Summary Judgement!!!! How do I respond to this? I requested the following: For the Production of Documents I asked for: Provide validation of this debt to include but not be limited to: 1. Complete Chain of Custody / notice of Sale or Assignment 2. Original Credit Card Application 3. Original Credit Card Agreement Dated when alleged account was open 4. Complete Detailed History of the Alleged Account in question 5. Affidavit from Original Creditor that debt owed is correct 6. Authentication of all documents 7. Calculation of alleged debt 8. Copies of sales receipts signed by defendant with the original creditor from any purchases made 9. All monthly billing and statements for said alleged debt 10. Proof of last payment made to said alleged debt 11. Produce a copy of the initial communication sent by plaintiff to defendant regarding the debt she allegedly owes on the revolving account. 12. Produce all communications between the original creditor and each collection agency that attempted to collect the alleged debt. 13. All other evidence, not requested by the defendant, that plaintiff may use at trial, all phone records, information stored on hard drives or flash drives, and all information stored on: logs, note, tapes, fax, and any notes or witnesses who may be called. 14. Provide any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency concerning the defendant. FOR THE INTERROGS I ASKED: Interrogatory No 1: State the complete name and address of the original creditor for the alleged revolving account under which defendant allegedly owes the plaintiff (hereafter referred to as 'revolving account') as well as the date plaintiff purchased the account. Interrogatory No.2: Identify Affiant whom submitted the AFFIDAVIT within the WRIT OF SUMMONS by job title, job description what affiliation he has with the alleged debt, business address and telephone number: Interrogatory No 3: Was the revolving account opened via a written or verbal agreement? Interrogatory No 4: Do you have a written policy for the retention of documents, including but not limited to originally signed contracts, billing statements, and payment history records? If so, A. Produce copies of any and all written policies, signed contracts, billing statements and payment history records for the retention of documents, for the alleged debt owed. Interrogatory No. 5 Annex copies of all documents relative to this matter. This should include all documents upon which plaintiff intends to rely at trial or which in any way relate to the subject of this suit. The documents so produced should include: A. Any documents relating to the information of the obligation in question, including preliminary communications, credit applications, guarantees, acknowledgments, contracts and specifications. B. Any documents relating to the accounting of the balance including, invoices, statements, credit memoranda, accounting documents. C. Any documents relative to any communications between the parties including correspondence and other written communications. Interrogatory No. 6 Provide detailed accounting of the interest, late fees, contractual obligations for the alleged revolving account: Interrogatory No. 7 Provide a complete list of all witness you plan to call, name and address, position within the company and what evidence they might have or give. Interrogatory No. 8 Provide a complete list of any expert witness you plan to call, their education, training and what evidence they can offer. Interrogatory No. 9 Provide a complete detailed account history for this debt, from the original creditor until purchased by the plaintiff. Interrogatory No. 10 How was this debt purchased? Interrogatory No. 11 Provide canceled check (front & back) or electronic file transmissions corresponding to and in response to alleged payment made on 02/02/2012 for $157.00:. And Request for Admissions I asked: 1) Please admit or deny that this account is a revolving account as defined under the Truth in Lending act 1602.
  8. I got sued by a JDB in California for a CC amount of over 10K. This JDB bought the loan from another JDB, who bought it from the OC. I filed my answer. The JDB has sent their discovery packet about a week ago. There are some wonderful threads here on answering discovery, so I think I am ok there, but am looking for some good interrogatories/requests for admissions, etc. to serve on the Plaintiff in order to gather evidence to support my affirmative defense for Plaintiff's lack of standing. Another thing I want to do is to limit the damages the JDB can get, and also support my unjust enrichment affirmative defense. How would I found out what they actual paid for the debt via discovery, without them objecting to the hilt? As far as the discovery package I got from the JDB goes, in addition to all of the interrogatories, they've also sent me the following Exhibits to support their case: (1) Bill of Sale and Assigments of Assets (OC to 1st JDB), (2) Notarized Afidavit of Sale & Balance (1st JDB to 2nd JDB), (3) Another Bill of Sale doc (from 1st JDB to the 2nd JDB), (4) another notarized statement signed under penalty of perjury, supporting the 2nd bill of sale, and some weird, electronic looking record that shows my name, the OC info and the CC info, and that the account was sold to the 1st JDB. I have never done discovery before, so attacking all this "evidence" looks a bit intimidating. By the way, I have mailed the BOP via CMRR and Filed it in Court, just in case Thank you for any help you can provide.
  9. Hi Everyone, I am new here. Well, this is my first post but I have been reading these forums for a few months and have found some great advice! I received a summons from LVNV Funding, LLC. and the alleged debt is an Orchard Bank credit card from 2006. I have answered the complaint and just received Requests to Admit, Interrogatories and Requests for Production. I was hoping someone could tell me if these answers are sufficient. I sent my own discovery today. I am in Michigan. Thanks in Advance!! Request to admit: 1. You personally opened the credit card in your name. DENY 2. The credit card was issued on the account. DENY 3. You received the credit card. DENY 4. You received the cardholder agreement regarding the credit card account. DENY 5. You activated the credit card. DENY 6. You used the credit card. DENY 7. You made one or more payments on the account after using the credit card. DENY 8. Plaintiff is the current owner of the debt owed on the account. DENY 9. Plaintiff is the correct entity entitled to receive payment on the account. DENY 10. You personally used the credit card to make purchases and/or cash advances. DENY 11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account. DENY 12. You defaulted in making payments to the issuer for charges you incurred on the account. DENY 13. The balance on the account on the date the issuer charged off the account was $690.34. DENY 14. The current balance on the account is $944.37. DENY 15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A. DENY Now for INTERROGATORIES: I am not sure how to respond to these. 1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount? 3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 4. With respect to the Account, other then the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. 5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. 6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006. 7. State every address you have lived at since May 17, 2006. 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated. 10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. 11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. 12. If you admit the you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. 13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. 14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. 15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. Request for Production: Can I just simply state I do not have any of these documents? 1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account. 2. A copy, front and back, of the credit card. 3. Copies of all correspondence received from the issuer or other third parties related to collection of the account. 4. Copies of all letters or correspondence from the you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account. 5. All correspondence from you to any third party, other than your attorney, pertaining to this account. 6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. 7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production. 8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. 9. All documents you intend to rely upon or introduce into evidence at trial in this matter. 10. A list of any and all witnesses you plan to call for testimony at trial in this matter.
  10. General Info About My Case Info About My Bop Request Info About My Request for Docs I just started to work on a motion to compel further response and I was wondering if I should include information about the BOP request & dropping the first cause of action in the background section or if I should only talk the request for docs. Also, should I make it a motion to compel further response or in the alternative an order to preclude? And just to make sure, I will need to submit? Notice of Motion to Compel Further ResponseMotion to Compel Further ResponseExhibitsSeparate Statement in Support of Motion to Compel Proposed Order with Sanctions
  11. Suppose I'm being sued by a jdb. All they have provided is a affidavit of business records, a generic cardholder agreement, a generic bill of sale and assignment, and part of ca redit card statement from the oc (which is missing the defendants address). With these documents alone I don't think they can possibly establish standing. Instead of asking them for all statements, and specific bill of sale info, etc and anything else they may have, would it be better to maybe simply create an admission that says "they have no other documents that support their petition other than what has been provided in the original petition". And then if they deny, request that they produce the docs. (They have in affect asked this same question of me.) The reason for this would be because I don't want them to provide anything else, as I think they will not be able to prove breach of contract or account stated (let alone standing) with the evidence they have provided thus far. If they try to add documents at trial, I can object to them because they were not provided in discovery.
  12. Hello. I recently replied to a Summons and Complaint I was served. Now, I need to prepare a Bill of Particulars and Interrogatories, but I can't find any templates? Can someone please help? Thanks so much!!!
  13. does anyone have a sample form for defendant's first request for production of documents to JDB? i searched everywhere for some guidance on how to draft discovery, but no luck so far. thanks for any assistance.
  14. I am working on the Request for Admissions to serve on a JDB (LA county - CA)... There are so many things I think should be added to this, but while I want to cover all issues, I want to save for other discovery (prod of docs and interrogatories). Hope that some of you more experienced individuals can provide me input on my requests below as well as provide other suggestions. Thank you in advance for your help. 1. Admit you have no personal knowledge of the method or manner of the record-keeping practices of the original creditor of the debt that is the basis of this action. 2. Admit that you have no personal knowledge of the method or manner of the record keeping practices of any of the collection agencies that may have been at one time assignees of the right to collect this alleged debt. 3. Admit that you do not possess any written or executed agreements or promises to pay this alleged debt from the Defendant _________. 4. Admit you do not possess the original documents which you claim obligates Defendant. 5. Admit that the amounts claimed by Plaintiff include interest and legal fees. 6. Admit that you do not intend to call any witness from the original creditor. 7. Admit that you do not intend to call any witness that has a personal knowledge of this account at the time of its creation or had knowledge of the account when it was allegedly breached. 8. Admit Defendant never entered into a contract with Plaintiff. 9. Admit Plaintiff purchased Defendant's alleged debt after said debt was in default. 10. Admit Plaintiff never provided goods or services to Defendant. 11. Admit Plaintiff never paid money to anyone on behalf of Defendant. 12. Admit Plaintiff never lent money to Defendant. 13. Admit you have no written contract entitled Cardmember Agreement that states the terms and conditions that the Defendant agreed to. 14. Admit that Plaintiff is not entitled to recover upon the theories of "quantum meruit," "money had and received," and "unjust enrichment" as it was not a party. 15. Admit that Plaintiff verified debt in letter dated XX-XX-XX with original account stated as ____________. (NOTE: Plaintiff has since admitted that this acct. in verification letter was not mine and has tried to include an acct that is mine in discovery served upon me) 16. Admit that Plaintiff failed to identify the original creditor and the original account in the complaint for money filed on XX-XX-XX. (NOTE: Believe Plaintiff realized he screwed up on verification letter and left wrong acct off and correct acct off actual complaint so conflict is buried.) ??? what else am I missing that should be address ??? ---------- Also assuming that I should send Form Interrogatories with 17.1 checked concurrently.
  15. 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LJR 3. How much are you being sued for? $3,343.00 4. Who is the original creditor? (if not the Plaintiff) Sears/Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Certified Mail 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letters in mail. 9. What state and county do you live in? Montgomery County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case is awaiting trial date. I filed Answer. Addressing discovery concerns now. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have filed an Answer. I have until December 31, 2012 to answer RFP, ROGS and RFA. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Some credit card statements and an affidavit that they now own the debt. I am currently in the process of answering discovery requests. My concerns at the moment are a question asking me to reveal my bank account information which I do not want to do and several questions regarding whether or not this was identity theft. It was not. I am just hesitant to admit to much of anything. My natural tendency is to say that no identity theft was alleged. Also, I do not have records of previous payments that are requested. What would be the best way to answer these requests?
  16. Good afternoon all - I realize that we are in the midst of the holidays, but was really looking for some input on the production of docs I intend to serve upon a Junk Debt Buyer (Plaintiff) here in CA. I already have served a Bill of Particulars - with limited response (which I intend to motion a strike of evidence submitted). And I already have my Special Interrogatories and Request for Admissions prepared and ready to go. Just wasn't super confident about my prod. of docs. So, if you would be so kind as to review what I have and let me know what you think - it would be greatly appreciated! NOTE: BG Info - I really am wanting to focus on legal standing and lack of contract. JDB has already used improper account # (not mine) in verification letter (and failed to identify any account # in actual complaint) - though JDB sent some stmts on my acct as an improper response to the BofP... --------------- PRODUCTION OF DOCUMENTS REQUEST NO. 1:Provide any and all documentation relating to the terms and conditions of the underlying credit card contract including but not limited to; proof of the alleged credit application agreed upon by the DEFENDANT bearing the DEFENDANT’S signature, proof of each element of the alleged contract, proof of each element of a material breach, and proof of each element of damages and mitigation of damages. PRODUCTION OF DOCUMENTS REQUEST NO. 2:Provide any and all documentation, proving a complete and unbroken chain of title of the asset sale of the alleged debt owed by the Defendant from the original creditor to the initial purchaser and between the original purchaser and each subsequent assignee. PRODUCTION OF DOCUMENTS REQUEST NO. 3:Provide any and all documentation relating to the forward flow agreements (or documents of similar intent) including any and all disclaimers, warranties or representations as to the validity or accuracy of the account sold between the original creditor and the initial purchaser and between the original purchaser and each subsequent assignee. PRODUCTION OF DOCUMENTS REQUEST NO. 4:Provide any and all documentation of all charges and payments showing how the payments were allocated (interest, principal, and late fees). PRODUCTION OF DOCUMENTS REQUEST NO. 5:Provide any and all documentation proving “Account Stated” as a cause of action which include proof of prior transactions that established a debtor-creditor relationship between the PLAINTIFF and the DEFENDANT, an express or implied agreement between the PLAINTIFF and the DEFENDANT as to the alleged amount due, and an expressed or implied promise from the DEFENDANT to pay the alleged amount due. PRODUCTION OF DOCUMENTS REQUEST NO. 6:Provide any and all documentation, which support your responses to the request for admissions and interrogatories which were propounded concurrently herewith.
  17. MY MIDLAND "START TO FINISH" STORY After struggling with this debt collection nightmare with Fred Hanna and Midland Funding for over a year it all ended today with a judgment in favor of me, the defendant! The road was long and included the dunning phase, a case filed in magistrate court (dismissed without prejudice) and then re-filed a few months later in State court. Because I was also suffering being laid off from my job, I can’t even explain the fear and stress I experienced during this whole process. But I really want to share this experience, because it has ended with a positive result – Midland abused the legal process and tried to bully money out of me without a shred of evidence, and in the end, both midland and Hanna's laughable attorneys looked like fools. DISCLAIMER: I'M NOT A LAWYER. NONE OF THE FOLLOWING IS INTENDED TO BE LEGAL ADVICE. IT IS SIMPLY MY EXPERIENCE WITH THE COURT SYSTEM AND THE JDB PROCESS. IF YOU NEED LEGAL ADVICE, CONSULT WITH AN ATTORNEY! THE DUNNING PHASE Prior to Midland filing the suit in Magistrate Court, I received a “dunning” letter from Frederick J. Hanna & Associates, P.C., a debt collection law firm here in Georgia. The dunning letter contained such little information about this debt they were pursuing on behalf of their client, whom I’d never heard of and I seriously was scared and confused. I started researching and uncovered the treasure trove of information regarding the “dunning” process. I sent a request for validation of the debt to Hanna (within the 30 day period) and immediately checked my credit reports. I found that Midland Funding was reporting this debt to all my credit reports under the name “Midland Credit Management”. Again, shocked and confused, I sent Midland a letter Certified Mail Return Receipt Requested and asked for a validation of this debt and confirmation of Fred Hanna’s representation of them in this debt collection pursuit. I never received a response from Midland whatsoever. Fred Hanna’s office sent what they called validation of the debt, which was basically a recitation of what their first letter said, giving me no more information than before. So, from the get go, I was very suspicious and skeptical of both Fred Hanna and of Midland because I assume if one did in fact own a debt and was pursuing it, they wouldn’t be so secretive about the details of the debt. (I didn’t know at the time that the actual information junk debt buyers or debt collectors had about any debt they pursued was minimal). THE MAGISTRATE COURT CASE Approximately, one month later, Midland Funding LLC filed a “suit on account” in Magistrate Court against me in Georgia for a little over $6,000. No documents whatsoever were attached to the complaint. They titled themselves “Midland Funding LLC Assignee of Chase Bank USA NA” as the Plaintiff. At this point I was pretty ticked off because I had tried to find out more information about this “debt” I supposedly owed but got so little from Hanna and NOTHING from the actual company who was supposedly owed this debt and worse, they were reporting negatively to my credit report! My train of thought is, if some stranger knocked on your front door and claims to be collecting a debt for Joe Blow, which you may or may not have owed years ago, would you just start writing the check? I’d hope not! There’s so many fraudsters out there today so it was not unreasonable that I asked for some kind of documentation to ease any of my concerns. So, in Magistrate court I filed an answer and the process was fairly simple and relaxed. I basically said that I didn’t believe I owed this debt and this company is unknown to me and unresponsive to requests for information. It was scheduled for a “trial” about three months after it was filed. I say “trial” in quotes because it was anything but a real trial. It was basically two lawyers from Fred Hanna’s office sitting at two tables with a huge stack of files calling people up one by one to “talk”. The judge is present but pretty much only to put a signature on the settlement agreements or dismissals after the talks. By the way, these were all debt buyer cases, not original creditor cases. I watched person after person go to have their “talk”, none of which questioned the legitimacy of the debt whatsoever, That just boggled my mind and it became apparent why I never got any answers from Fred Hanna or Midland – why do the extra work when we don’t have to? After all 95% of the cases in this particular jurisdiction are default judgments. The lawyers used phrases like, “this kind of thing never goes away…”, “let’s just go ahead and take care of it now…” and make it seem like any settlement offer with the slightest discount is a huge favor to the defendant so they feel pressured to just agree. Only one person of all the defendants there had a lawyer. There was some quiet whispering between the two lawyers and I doubt any agreement actually resulted, it was probably just dismissed. When it was my turn to go up, the first thing I said was “Before I will make any agreement whatsoever, I would like to see some kind of documentation that you own this account.” That just messed this lawyer’s streak of “consent judgments” and he immediately got aggressive. He put a credit card statement in front of me and said “isn’t this your debt? Didn’t you live at this address?” I stuck to my guns, told him “So what if I did, I asked for proof, not this.” At that point, we had gotten a little loud I think, and it he flatly said, “Fine, we’ll just re-file this.” I said, “Great, and maybe then you’ll actually provide the proof I’ve been asking for this whole time.” So the judge signed off on the Dismissal without Prejudice. While walking out of the court room, the next defendant after me started raising hell with the lawyer. Apparently, I started a chain reaction. [Continues next...]
  18. I filed an answer, then a Request for Statement of Witness and Evidence, all CMRRR. Sunday will be 30 days, the Request for Statement of Witness and Evidence says they have 20 days to respond, nothing heard. WHATS NEXT?? Thanks much
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