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Found 183 results

  1. Hi, I beat the MSJ and was sent these Interrogatories to answer. Need help with answering. Also, I would like to send them some of my own for discovery. Can anyone assist? STATE OF INDIANA ) IN THE MADISON CIRCUIT COURT DIVISION 5 ) SS: COUNTY OF MADISON ) CAUSE NO. MIDLAND FUNDING LLC AS SUCCESSOR ) IN INTEREST TO URBAN TRUST BANK AS ) ISSUER OF SALUTE VISA GOLD, ) Plaintiff, ) ) vs. ) XXXXXX, ) Defendant. ) PLAINTIFF’S WRITTEN INTERROGATORIES TO DEFENDANT Pursuant to Indiana Trial Rule 33, Plaintiff, Midland Funding LLC as successor in interest to Urban Trust Bank as issuer of Salute Visa Gold (“Midland”), serves upon the defendant, C and requests that C within thirty (30) days of the date indicated on the Certificate of Service, (i) respond in writing to the following Interrogatories, and (ii) provide such responses to the offices of Bowman, Heintz, Boscia & Vician, P.C., 8605 Broadway, Merrillville, IN 46410. Instructions for Answering 1. Where an interrogatory calls for an answer in more than one part, the parts should be separated in the answer so that they are clearly understandable. 2. The words “you,” “your,” “Defendant,” etc. refer to the defendant in this cause of action, C. 3. You are reminded that all answers must be made separately and fully and that an incomplete or evasive answer is a failure to answer. 4. You are under a continuing duty seasonably to supplement your responses and/or and prior responses pursuant to Indiana Trial Rule 26(E). INTERROGATORIES 1. XXX’s “Sworn Denial on Account” states, “This is not a valid debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 2. If your answer to Interrogatory No. 1 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 3. XXX’s “Sworn Denial on Account” states, “This is not my debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 4. If your answer to Interrogatory No. 3 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 5. XXXl’s “Sworn Denial on Account” states, “I did not sign a contract to be responsible for this debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 6. If your answer to Interrogatory No. 5 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 7. XXXX’s “Sworn Denial on Account” states, “I did not sign a contract with this plaintiff.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 8. If your answer to Interrogatory No. 7 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 9. XXXX’s “Sworn Denial on Account” states, “If I am responsible for this debt, the amount sued for is incorrect.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 10. If your answer to Interrogatory No. 9 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 11. XXX “Sworn Denial on Account” states, “If I am responsible for this debt, it is barred by any applicable statute of limitations.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 12. If your answer to Interrogatory No. 11 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 13. State your full name as well as any prior names you have used, your date of birth, your social security number, your marital status, and the name of your spouse. ANSWER: 14. (a) State your current residential address. ANSWER: ( State how long you have lived at your current residential address. ANSWER: © State all of your prior residential addresses from June 25, 2007 through the present. ANSWER: 15. (a) State your current mailing address. ANSWER: ( State how long you have received mailings at your current mailing address. ANSWER: © State all of your prior mailing addresses from June 25, 2007 through the present. ANSWER: 16. Have you received any bills, statements, or other correspondence from Urban Trust Bank or Salute Visa Gold concerning account number XXXXXXX? ANSWER: 17. If your answer to Interrogatory No. 14 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 18. Have you received any bills, statements, or other correspondence from Midland Funding LLC concerning account number XXXXXX? ANSWER: 19. If your answer to Interrogatory No. 18 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 20. Did you ever dispute any matter concerning account number XXXX with Midland Funding LLC, Urban Trust Bank, Salute Visa Gold, or any other entity since June 1, 2007? ANSWER: 21. If your answer to Interrogatory No. 20 is anything other than an unqualified “No,” then for each and every such objection, please set forth the following information specifically and in detail: (a) Was the objection in writing? If so, please identify the writing by setting forth its date, title, and a summary of the contents. (You may, instead, attach a copy of the writing.) ANSWER: ( If the objection was not written, please state the date of the objection, the name of the person to whom the objection was made, the mode of communication (i.e., by telephone, in person, etc.), and the substance of the subject conversation. ANSWER: 22. Please state the following: (a) The name of each depository financial institution or bank with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Depository financial institution” is defined at I.C. § 28-9-2-6, and includes, but is not limited to commercial banks and credit unions. ANSWER: ( The account number for each deposit account, financial institution account or bank account with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Deposit account” is defined at I.C. § 28-9-2-5, and includes, but is not limited to savings accounts and checking accounts. ANSWER: 23. Please state all of your employers, employers’ addresses, and terms of employment from June 1, 2007 through the present. ANSWER: 24. Have you asked for assistance from any persons concerning the nature of Plaintiff’s discovery requests or to prepare responses to Plaintiff’s discovery requests in this litigation? ANSWER: 25. If your answer to Interrogatory No. 24 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: The name, address, and telephone number of all responsive persons. ANSWER: 26. Describe your educational background and professional qualifications. Please include the names and addresses of all high schools, colleges, universities, post-graduate schools, and training programs that you have attended; the dates of graduation and the degrees or qualifications you receives; and any professional licenses or certifications that you hold or have held. ANSWER: 27. State the names and addresses of all persons that you propose to call as a witness to testify at the trial in this litigation. ANSWER: 28. Please provide a detailed description of all documents and/or other evidence that you propose to introduce at the trial in this litigation. ANSWER:
  2. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP. 3. How much are you being sued for? 1,500 4. Who is the original creditor? ( if not the Plaintiff) CitiFinancial 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 12 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? Request for debt valitity but did not keep copies. Other than that none. 9. What state and county do you live in? GA, Cobb County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 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). Statement of claim served Mar 12. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, only with JDB. 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. Yes, but stupid me didn't keep proof.
  3. I believe I've become the poster child for making sure you have all your deadlines written down do you won't miss any of them. I have a trial date coming up with Midland in California in less than a month, and completely forgot to send them my CCP 96 demand. I'm not sure if this means my case is a total loss. Midland is suing me for roughly $7,000. My husband has phoned them on a few occasions and has gotten them to agree to accept a settlement equal to about 60%. It's still a lot of money, so I'm not sure if I should pay up and be done with this. The funny thing is that I've never spoken with Midland by phone, nor have I given them permission to discuss the account with my husband. I'm not sure if they've broken some laws that would be worth a countersuit. Because I missed my opportunity to send a CCP 96 demand, I'm wondering how this will affect my chances in court. My defense is that Midland is not the legal owner of the account. The account has changed ownership twice, and they've only provided copies of documents that state a group of accounts were purchased, not my specific account. (I'm sure the documents are typical of what others on this forum have received.) Any advise or words of wisdom? I really could use some input. Thank you.
  4. Ok so I had this debt validated last year and am trying to figure out how to remove it from my report. I have seen other people on other forums handle them by sending ITS and claiming that just about everything they reported to the CRAs is in violation. Below is a screen shot of the TL. They claimed it worked to point out that the way it was reported was a violation of section 807 & 808 i.e. listing the terms as 1 month so that Experian keeps adding KD every month until it drops off is a violation I have no contract with MCM to pay this on a 1 month term and by them reporting it this way was to cause as much damage as possible, or how its listed as an open account on two of the CRA when I have no contract or agreement and this type of account could not be an open account like it is with a credit card. Anyways is there any truth behind this? Could I push hard to get this removed based on the way they reported it? If not what are my other options? Oh and this debt is now past the SOL for Texas. The original FTP was reported by the OC on billing statement as 8/2009 Thanks
  5. I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you. Bellow is the copy of the affidavit Affidavit of indebtedness Kassy Schlichting, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf. 2. I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following: 3. MCM's records show that the defendant(s) owed a balance of $1198.04 as of 2014-03-05. 4. On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21. 6. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct. Date MAR 14 2014 signed by Kassy Schlichting STATE OF MINNESOTA COUNTY OF STEARNS signed and sworn to (or affirmed) before me MAR 14 2014 by Kassy Schlichting. Notary Republic signed it my commission expires Jan 31, 2018
  6. Informative read for anyone arguing against Midland's or any other JDB's affidavits, or is a member of the class affected by this proposed settlement. 32 state attorneys general filed on April 16, 2014, an amicus curiae brief objecting to the revised proposed class settlement for Midland's use of "robo-signed" affidavits in Vassalle et. al v Midland Funding LLC, 708 F.3d 747, 760 (6th Cir. 2013). [You may recognize this as Class Settlement Agreement, Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961 (N.D. Ohio 2009)] http://www.michiganconsumerlaw.com/ags-vassalle.pdf "The Attorneys General of Illinois, Alaska, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, New York, New Jersey, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Vermont, Washington, and West Virginia (“Attorneys General”) urge this Court to reject the revised proposed class settlement, which is a thinly veiled attempt to revive the original settlement, which was rejected by the Sixth Circuit. Like the original proposal, the revised settlement provides no meaningful value to unnamed class members, and, in fact, it leaves them in a significantly worse position. In exchange for approximately $10 each, class members lose their right to pursue valuable claims under state and federal law. While class members technically may challenge Midland’s “robo-signed” affidavits, they lose the statutory right to attorney fees that makes it possible for them to do so. Worse still, the form affidavits approved by the Special Master, which are central to the relief provided under the revised settlement, are based on a misunderstanding of Defendants’ business practices and would authorize affidavits that violate both the Federal Rules of Evidence and the laws of multiple States. The revised proposed settlement therefore is not in the public interest and should be rejected." Objections to Revised Settlement filed by the class action objectors' attorneys:http://www.michiganconsumerlaw.com/Objections-Final.pdf"The parties have attempted to ameliorate the first of these deficits by permitting individual class members to challenge the default judgments taken against them. But as set forth in section I above, while the parties have provided this remedy, they have also impaired the ability of class members to take advantage of that remedy by stripping their ability to use fee shifting statutes to find counsel, denying them access to necessary evidence, and removing their ability to move collective to set aside these judgments. In reality, they provided a remedy, but so severely crippled it as to render it empty."
  7. If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it. However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons. It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser. We can help in some cases and there is no charge to ask us questions. We operate off of attorney fees and fees we derive for statutory violations.
  8. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? *Private* 3. How much are you being sued for? ~$10XXX.XX 4. Who is the original creditor? CHASE BANK USA N.A. 5. How do you know you are being sued? Served by Process Server 6. How were you served? 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? Never heard of them 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? 4 Years. Still in SOL according to documents. 12. What is the status of your case? Suit served? Motions filed?. Served. Need to file Answer. HELP! 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? No. Wasn't aware of them and never received any certified mail from them. I don't answer calls from blocked numbers. No voicemails were ever left. 15. How long do you have to respond to the suit? 10 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copy of a Final Chase Statement Hoping to get some GREAT feedback and keep my info generic in order to not unknowingly feed the "other" side. I don't have $$ for attorney, so will start Pro Se. Found a great template for Defendant answer. Looked up similar cases in my county and really cringe at all the defult no-shows. I'm not going to be one of them. I've represented myself before on unrelated legal matters, but will tag an attorney once I know I'm over my head.....or Midland decides to stop losing money on me. My intent is to respond with a general denial instead of point by point. Do I increase my chances of them losing interest if I deny with affirmative defenses? I need to get an answer filed by Friday, 3/1. I commit to helping others once my case is resolved. I'm a lifelong learner. "MyOwnLawyer"
  9. Hello Everyone! Like so many, I'm being sued by Midland Funding. I would appreciate any help you all can offer. The process is overwhelming and I could definitely use the support. I've completed the questions below and have also included my Answer. One thing to note with my case: It took them 3 1/2 months to serve me so the courts entered a Pending Dismissal pursuant to Rule 4(i). That's why I did not file an answer right away. Does anyone think this makes a difference now? Is dismissal still possible?? Thank you very much for your time!! You all ROCK!! (No pun intended with the Gem Show in town!) 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Jerold Kaplan Law Office 3. How much are you being sued for? $7,564.00 plus fees/costs/interest 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes, served on 12/30/12 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? Pima County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2008 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? a) Complaint filed: 09/18/2012 Notice of Impending Dismissal Pursuant to Rule 4(i): 12/18/2012 c) Served In Person: 12/30/2012 d) Application Default: 01/30/2013 d) Entry Default Judgment: 01/31/2013 All of this information is also on the Pima Justice Courts website. 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? This is the exact wording on the Application and Affidavit of Default that I received in the mail: Unless an answer of response is filed within ten (10) days from the filing of the Application, the Default will become effective and the entry of a Default Judgment will be requested. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a) Affidavit CC Agreement MY ANSWER Defendant, appearing Pro se, replies to the complaint of the plaintiff, Midland Funding LCC as follows: All answers correspond to the numbered paragraphs of the complaint. All allegations of the complaint are denied unless expressly admitted herein: Answer to paragraph one of complaint: The defendant admits to being a resident of Pima County, State of Arizona. However, the defendant denies the rest of the allegations made in paragraph one because the defendant has insufficient evidence to determine whether the statements being made are true or false. Answer to paragraph two of complaint: The defendant denies all of the allegations made in paragraph two by Midland Funding LCC and/or their attorney(s) Jerold Kaplan Law Office because the defendant has no knowledge of who Midland Funding LLC is and no recollection of the alleged debt. Defendant prays this case be dismissed along with any further relief the court deems just and proper and with costs adjudged to the Plaintiff. I certify under penalty of perjury that the foregoing is true and correct. By the Defendant acting Pro se Dated Signature Defendant CERTIFICATE OF MAILING I CERTIFY that I have mailed a copy of this ANSWER on this same day to Jerold Kaplan Law, (plaintiff’s attorney), on and Pima County Justice Courts. Dated Signature Defendant I've already used the information from other posts; Thanks again!!!
  10. I have just been sued by Midland in GA and just filed my answer last week. Is there anything I should do before the court date? Should I send Midland a discovery letter before the court date is sent? I will also likr to know if there is any violation from Midland with the way I was served. The lawsuit was left at my door by the service company. Is this right? Can someone also refer me to an affordable or pro bono lawyer. Any help and information will be appreciated. Thanks.
  11. Hello all. First off; I just want to say that what you people do here is really great. Thank you. I am being sued by Midland Funding. I answered the complaint. Now they have sent me a "request for admissions" and "interrogatories". So much information out there- even on this site. Thought that since my case was unique, I would post questions and see if I could get some help. I do not remember this alleged debt, and am positive it did not occur within the last 5 years. In my response to the complaint, I denied everything (except that I was a legal entity). At the end of the answer I listed affirmative defenses as "failure to state a claim", "lack of legal capacity", and stated that "Based on the lack of information provided by plaintiff concerning alleged debt, defendant cannot properly respond with affirmative defenses at this time. If allowed by the court, the defendant reserves the right to use future affirmative defenses, if applicable; such as Statute of limitations or others that may be applicable when or if proper documentation is provided by Plaintiff". Now for Midlands Request for Admissions: (In the first paragraph they state I have 30 days to provide written responses, or the facts, the truth of which is requested, shall be deemed admitted) Request 1: Plaintiff is a banking association existing under the laws of the United States. (same as in complaint-I agreed to this in my answer by mistake) Request 2: Defendant is a resident of Gage County, Neb. Request 3: That Defendant entered into a contract under the terms of which a credit card was issued to Defendant by Plaintiff and that Defendant was extended credit by plaintiff's assignor CitiFinancial, inc. Request 4: That defendant did purchase goods and/or services on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 5: That defendant did obtain cash advances on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 6: That there is a balance of $$$$$$, past due and owing to the Plaintiff, representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract. Request 7: That plaintiff is entitled to interest at the rate of 0% per annum, ($0 per deim). Request 8: That due demand has been made by the Plaintiff upon the Defendant more than 90 days prior to the Plaintiff's original complaint. Request 9: That the defendant is not a member of the armed forces of the United States or its Allies. Request 10: That the defendant has no affirmative defenses to Plaintiffs' complaint. Request 11: That defendant admits all allegations contained in Plaintiffs complaint. Then on a separate form was INTERROGATORIES (so do I respond "ANSWER TO INTERROGATORIES" and "ANSWER TO REQUEST" on separate documents?) INT No. 1: State your name Response: INT No 2: What is the address of your place of residence? Response: INT No 3: Please state the name and address of any and all financial institutions, banks, credit unions, or delayed deposit services utilized or patronized in the past five years by the Defendant, including, but not limited to institutions holding checking, savings, money market or certificate of deposit accounts or behalf of the defendant. Response: INT No 4: Did you make any payments to the Plaintiffs Assignor, CITIFINANCIAL? Response: INT No 5: If so, as to each payment state: -A. Date, B. amount, C. manner of payment, D. whether you have a receipt, E. will you attach a true copy of same to your answers herein without the necessity of a motion to produce? Response: INT No 6: If you deny owing the balance the plaintiff claims due from you in its complaint, please state: A: Basis of denial. B: The amount you admit owing to Plaintiff and the calculation you have used. Response: INT No 7: Did you respond to the negative to any part or portion of Plaintiff's request for admissions herein? If so, as to each negative response, set forth fully each and every fact on which you rely in support of your response based on your personal knowledge and experience the above matter and all records that you have material thereto. Response: Deadline is 30 days after service. Any help I would appreciate.
  12. I was served on Friday. I'm not sure what the best way to proceed is. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 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) Sheriff a served the docs. 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? PA, Northampton County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2012 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). Suit was served Friday 05/09/14, response required within 20 days. 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? 20 Days, docs attached. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, Account Statement, Complaint ....... I've attached the docs that were delivered to me. Hopefully I've successfully taken out all of my personal info. How do I best answer each of the points on from the 'Complaint' sheet? According to the docs I have 20 days to file a response to the court. I would consider settling in order to put this matter to rest. When would be the best time to settle? Should I contact Midland or their Attorney? Should I hire an attorney to help? Thank you in advance for any help that you can provide.
  13. Hi All, I had been fighting Midland and Stillman for a few months when I discovered this forum today. I had my motion to strike their bogus affidavit denied in court today and I'm wondering what my next steps should be. 1. Who is the named plaintiff in the suit? Midland Funding LLC Assignee of GE Money Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman Law Firm 3. How much are you being sued for? Around $900 4. Who is the original creditor? (if not the Plaintiff) GE Money Bank 5. How do you know you are being sued? (You were served, right?) Received a noticed of default judgement forwarded in my mail 6. How were you served? (Mail, In person, Notice on door) Was never served, although a process server provided an affidavit to the contrary 7. Was the service legal as required by your state? No, the process server stated he served me personally, but I moved from the address two weeks prior to when he said he served me. Not so coincidentally, it was supposedly on the very last day the summons would have been valid. 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? None 9. What state and county do you live in? Michigan, Wayne County -- Oakland at the time of Summons and Complaint 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by 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). Default judgement granted, motion for dismissal of default judgement granted "process servers lie" says the judge, he also said I had 21 days to answer, I did and also filed motion to strike affidavit of MCM employee attached to complaint, motion to strike denied today, now going to pre-trial. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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? Already answered, waiting for pre-trial notice. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Summons and Complaint, affidavit of MCM employee claiming to have personal knowledge of MCMs accounts.In response to my motion to strike, they sent a brief stating that the affidavit was not evidence, but merely an attempt to establish a prima facie case and without it they would just have to prove their case in the usual way. During my hearing today the judge said that he liked where I was going when I told him that I wanted to strike the affidavit because they had no standing to sue, but that they were right about the affidavit not being evidence and that he would have granted my motion to dismiss if I had filed one instead of that motion. Now I'm wondering if it's too late to do that now that it's going to pre-trial. I was all prepared to request discovery knowing that they don't have squat from the original creditors when I 'discovered' that Michigan doesn't allow discovery in small claims until judgement or at the judge's discretion (I asked him about this in court and he basically said no, that comes later). I've done so much research, but now I'm not sure what to do next. Advice anyone? Thanks in Advance
  14. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx There is now due and owing to the pantiff the amount $1xxx.xx In addition, plantiff is entitled to recover interest from the date of judgement at legal rate 5) further equity requires defendent to pay the value of the benefits received DEMAND A damages to be paid in the amount of $1,xxx.xx less payments made B interest from the date of judgement at legal rate. C for costs of court both pre and post judgement D any other relief as the court deems equitable. That is all they sent. a cover letter with the court address and explination that i have 20 days to respond. I only have 3 days left,needing something out today. i do not have any records of this account to verify. my credit report does reflect a charge off from capital one, no amount given, opened in 2007 and last UPDATED in 2009. the last 4 digits on account are not listed so it does not confirm it is the account midland is referring to. no idea when last payment was, but my bank account records that i currently have don't show any paayment for at least 5 1/2 years. would have to really dig to go longer, but my assumption is if i had made a payment within 6 year mark, it is by a matter of possibly weeks, if not over the 6 years. Utah law is 4 years SOL on open-ended accounts which should include credit cards. utah code 78B-2-307 Some judges opt to validate the 6 year statute code 78B-2-309 citing that it is considered a written contract, and gets 6 years. there is other informarion that it shouldn't be a SOL of 6 years, but i have read all jdb in the state fight the 6 years and despite legal definitions by the state, judges often side with 6 years so it seems to be luck of the draw over letter of law. So my main concern in my general denial is wht to put in my affirmitive defenses? I know i am cleared for the 4 year, and is very possible i am even cleared for the 6 year, but it would take time i no longer have to find out for sure. Should I list SOL in my affirmative defenses now, or should i wait for discovery? Best template for response appreciated. if i wait for discovery, how should i word my response now to allow that to be brought up during discovery? Some say if you dont bring it up in your response, then you cant bring it up later.... Also, anything else you would list in affirmarive defences? Would love input ASAP as i have about 24 hours Thank you in advance! Only idea i have so far is the general denial to paragraph items 2-5
  15. As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'Sale of Debt after 1/1/14' and subject to California's new Fair Debt Buying Practices Act? Doesn't sound like it but I'm open to all remedies. -they requested that if i had filed an answer with the court that i should forward them to midland - I imagine I'm not obligated and its their problem to acquire any documents filed with the court that have been properly served to Asset? -back of letter has standard dunning 'Unless you noitify MCM within 30 days after receiving this notice that you dispute the validity of the debt, MCM will assume this debt to be valid. If you notify MCM, in writing....that the debt is disputed, MCM will obtain verification of debt or copy of judgement and mail you a copy - I know i normally wouldn't DV in an active lawsuit, but am i affording myself any extra options by doing it here? thanks
  16. I am being sued by Midland in NY for credit card debt they claim they purchased from Chase.Since I originally applied for and got the card from Bank of America, who then sold the account to WAMU, who then sold it to Chase, is Chase now considered the orginial creditor according to NYS law? Does Midland have to establish this chain of ownership in order for its assignment from Chase to be valid? I confess I no longer have any of the old statements or paperwork from BOA or WAMU. I have found a case I think may establish a helpful precedent for me, Chase Bank v. Gergis. The facts of the case as well as the parties are similar to mine, but I think most importantly, a witness in the Gergis case named Martin Lavergne, a Chase employee has sworn an affidavit in my case to the effect that the account records and assignment are accurate because he has knowledge of how these records are kept and maintained in the regular course of business. In the Gergis case, the court found there was no foundation for that claim since some of the records were not collected or maintained by Chase, so Mr. Lavergne could not have had any knowledge of them. My question is whether I can cite this in my own case, or whether I have to establish all over again that Lavergne's assertion cannot be true. In the Gergis case he was produced as a witness. I'm just dealing with an affidavit. Does that matter? Also, the attorney for Midland claims that they do no have to produce the original credit card agreement. Is this true? Does anyone know where I can get a copy of the CPLR or McKinney's? I will have to proceed pro se. I'm flat broke and cannot afford a lawyer. Any help deeply appreciated! I'm completely at a loss as to the correct procedures.
  17. Can anyone help me with objecting to plaintiff's initial disclosures? Specifically, the form of the document, basically is it just a doc titled response to plaintiffs initial disclosures, followed by my, objection(s) to their request. Also, they attached billing statements and a B.O.S. Should I be objecting to these as well basically challenging their admissibility as evidence? How would I phrase the objection?
  18. I will start from the beginning, but what I really need help with is strategy and Adm, Interog, and Document request information in Ohio. 1. Who is the named plaintiff in the suit? Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Westlake, OH lawyer 3. How much are you being sued for? $3,5XX.XX 4. Who is the original creditor? (if not the Plaintiff) Home Depot (accrording to the complaint) 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) Signed for mail 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint Summons and Complain 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, nada, ziltch 9. What state and county do you live in? Erie County, Ohio Complaint states Huron County (jurisdiction and venue as affirmative defences on Answer) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I have no idea. I don't even know if this is mine. My husband retired in 2006, because of health (memory problems) and we paid off all debts that year. He says (hearsay big time, because I can't trust his) that memory) that "we signed up for the CC when Home Depot first opened." He might be right. I vaguely remember something about a discount for applying for a card when we replaced some carpeting. I DO NOT remember ever using a Home Depot CC 11. What is the SOL on the debt? See above 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). A. Served w/attached cc statement B. My motion for a more definitive statement C. Midland opposition to motion (lawyer sent me a bill of sale from OC to Midland dated a year before the billing statement sent with the Complaint) D. Pre-hearing -- judge asked for more pleadings on motion. Asked, "Did they send you anything?" I answered, "no. Nothing that shows that this is my debt, or that I owe Midland anything." He asked, "is there anything with a signature?" I said, "nothing with my signature." Judge had a discussion with the local lawyer that showed up (not the named lawyer; surprised to see me) about time needed for disposition. Result was 45 days for disposition, discovery to be complete and all documents and witnesses to be declared no later that 15 days before court date. Trial set for Halloween. E. Filed Answer F. Lawyer filed motion for more time to file SJ. G. Judge: No H. I received some documents: Plaintiffs Combined Interog, request or admissions and request for production of documents This is what I need help with. It is convoluted. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, and when I tried to get a free credit report the website is down. Weird, because I refinanced my house in July without any problem. 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. I didn't get anything from them, MCM, until July. The complaint was filed a month earlier. 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. They received an email from me today demanding an electronic copy of the request (Ohio law). I have "twenty-eight (28) days after you receive them." This was filed with court. Do I have 28 days from they day that they sent this, the day that I received this, or the day that they get an electronic copy of this to me? 16.We need to know what the "charges" are. Please post what they are claiming. Should see something like Common counts, account stated, breach of contract, open book, account, unjust enrichment. Again, sort of convoluted. I read it as account stated. 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. No. Summons, Complaint, cc statement and cc page 2 of 4 of something that looks like what you would see on the back side of a cc statement, but not legible (the print date at the bottom is Dec. 22, 2011). 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? Yes, Need help 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A is a cc statement 2 other document sent with their Motion Opposed to Definitive Statement: a computer read out (it has a phone number that is not mine), Bill of Sale signed by a cc employee (date is earlier that should be, sold the account before default) Comments? Need more information? How should I approach this? Thank you. This site has gotten me this far. I have not yet figured out how to send my own requests, so any suggestions would be helpful.    
  19. I received a letter from Midland Credit Management today concerning a JCPenney credit card account I stopped paying after I lost my job in 2010. The balance on the account is more than $7,000, including Midland's fees. Last summer I sent a letter to Midland asking them to provide verification of the debt after I saw the account on my credit reports. It took seven months to receive their reply which included a copy of an old statement from 2010 showing when the account was charged off with a balance less than $6,000. I no longer have a copy of my credit card agreement. I also don't recall if the card was originally issued by MCCBG or GE Money Bank. (I'm not sure if this matters). The GE Money Bank agreements I found online for 2012 and 2013 state they're governed by Utah state law. I couldn't find an old agreement online for MCCBG. I'd like to know what my next step should be. Should I write back to Midland to say the information they sent wasn't sufficient? Are there any specific documents I should request? The last thing I want is for this to turn into a lawsuit. However, I have no way of paying even half the amount they are demanding. Moreover, if Utah is the governing state, the statute of limitations is six years. This leaves more than two years on the meter. Argh! Any help would be appreciated. Thank you.
  20. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  21. Hello everybody, I'm asking this question for a friend, because I don't know the answer. She is being sued by Midland for less than $1,500, and has already elected arbitration prior to even answering the lawsuit. Midland of course has ignored her electing arbitration and has propounded discovery. How does a person respond to discovery without waiving their right to arbitration? Also, she has already set up a motion date for her motion to compel but that isn't for two more months, far after her allowed time to respond to discovery. Perhaps @calawyer can chime in here, as well as anybody else familiar with Cali and arbitration. Thanks in advance!
  22. Sued by Midland . Sent original response as general denial. Requested the following in official vaidation Request 1. Original account application with my signature for this alleged debt . 2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits . 3. Provide proof of debt ownership including how much this debt was purchased for . 4. provide proof of the date in which alleged charges first became delinquent. Midland sent me a collection type letter about 3 weeks ago with a redacted bill of sale . Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer? If so, is there a time limit for which this has to be done ? Funny thing , the cover letter sent with this was signed " Very Truly Yours" is this supposed to be a joke ? Are they seriously trying to intimidate me by using accusitory language? Thanks "G"
  23. I am preparing to head to court today in response to a lawsuit filed against me by Midland Funding. I have read a number of postings here and at other places, but of course, this is the first time for me going into court to face a JDB, so very nervous. Before the court date, I filed with the court my Answers to the JDB. Following the advice I found, I never admitted to anything at all. The only thing I admitted to was the address they had for me was correct. I will be in court and I know never to admit to anything and to challenge everything they say. I understand also not to sign anything they the JDB says I need to in order to talk with them. What should I bring with me? Discovery request? Or am I waiting for a trial date to be set? Thanks for any help, it is a scary time.
  24. 1. Who is the named plaintiff in the suit? Spouse 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Love, Beal, & Nixon 3. How much are you being sued for? $2,715.86 plus fees 4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services / Webbank 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Person Delivered Summons 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? rec'd 2 letters, ignored 9. What state and county do you live in? Oklahoma 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown, Webbank/Dell does not show on Experian, Equifax required written report request, Transunion blew up while attempting to print report, can't pull again. 11. What is the SOL on the debt? To find out: 3 years on open accounts, 5 years on written. This forum and other personal contact seems to indicate 5 years for credit accounts. 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). Petition filed and certified by court clerk on June 29, 2012. Served on July 8, 2012. No answer submitted yet. 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?Answer due to court within 35 days after service of this summons upon you exclusive of the day of service? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 17. Read this article: Read it. I was served a 3 page document notarized and signed by the court clerk on June 29, 2012. On July 8, 2012 I recieved the summons by courier? at my house. This document does not look like any of the previous summons that I've seen on these forums. It's very odd. [page 1] IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) SUMMONS To the below-named Defendant: Name: Address: Wife's Name Our street City: Our City State: Oklahoma Zip Code: Our Zip Home Phone: My home phone "You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the office of the court clerk of <COUNTY> County located at <address>, within thirty-five (35) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff. Failure to respond , in writing, within thirty-five (35) days, will result in default judgment being entered against you." BOLD: "No request will be made to the Court for a Judgment in this case until the expiration of 35 days after you receipt of this Petition and Summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with receipt of the Petition and Summons, all collection efforts, including our proceedings with this lawsuit, will cease until we respond as required by law." Issued this 29 day of June, 2012 Court Clerk By <signature> Deputy Court Clerk Love, Beal & Nixon, PC Attorneys for Plaintiff <Address> This summons was served on the 8 day of July, 2012 [Handwriting is atrocious: 8 is barely legible, 2 is supposed to represent July and \ is 2012...]. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY SUCH MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STATED IN THE SUMMONS. [page 2] June 26, 2012 <law firm's case no.> IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states: 1. Unless you, within 30 days after recept of this notice, dispute the validity of the debt, or any portion thereof, we wil assume the debt to be valid. If you notify this law fir, Love, Beal & Nixon, P.C., in writing, within the 30 day perioud, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose. 2. Webbank/ Dell Financial Services LLC, provided credit to the defendant on a written credit card account with an account number of XXXXXXXXXXXXXXX4723. At the time of charge off, the balance was $2,715.86. The indebtedness of arising therefrom has been duly assigned to MIDLAND FUNDING LLC, , plaintiff herein. The Defendant defaulted on the obligations required under contract. 3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $2,715.86. [page 3] WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum of $2,715.86, with interest at the statutory rate fromthe date of judgment, all court costs, and a reasonable attorney's fee, and for such other and further relief as to this Court may seem aquitable, just and proper. <signature> bunch of names and #numbers ATTORNEY'S LIEN CLAIMED ---------------------------------------------