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Found 66 results

  1. Or, should the title be: DISMISSED WITHOUT PREJUDICE (and how much of a win is this?) Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case evidence and witnesses. The contract attorney for the plaintiff filed it with nothing listed. (Suspicious: No evidence? No Witnesses?) I did the same. I was late to send out my Discovery/ Demand for Documents to the Plaintiff. This was a mistake. The deadline is tricky. I understood it to be 30 days before trial. But it closes 30 days before trial. I feel I still don't completely understand the deadline, but I now at least know to get it done early, at latest 65 days before trial. That being said- it would have been understandable and permissive for the Plaintiff to just ignore my discovery requests. However, they ended up replying the day before the trial with a point by point refusal of each of my discovery demands per my violation for CCP 2024.020(a) So, why even bother sending me that? Did they have to? Or, were they trying to psyche me out? Anyway... TRIAL DAY! I wake up early, keep a positive attitude, go the gym, "Mama Said Knock You Out" on repeat! Get to the court house early. Breathing deep. Courtroom doors open at 9:00 am sharp. Friday trial call. Everybody signing in. All kinds of people and civil matters stacking the day's schedule. Contract lawyer for the Plaintiff strides in, calls me out while he signs in and announces "I'm going to dismiss your case" . We wait for the judge to call us into the octagon to make it official. And that's it! 5 minutes. So, what happened here? Am I lucky? Did I simply answer and show up? Did I use the Magic Words? Well, like I said- no gloating here. I got TWO MORE of these things on deck.
  2. Several years ago, I was a member of this forum. I had to create a new account as password recovery didn't find me... I was served with 2 complaints recently. One from JDB that I'm feeling confident for now that I can deal with. The second is from an OC and I'm now in the first phase of discovery. I'd like to hash it out a bit. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark, LLC 3. How much are you being sued for? Approx 6,000 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? left on doorstep 7. Was the service legal as required by your state? Unknown, probably yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? Idaho 10. When is the last time you paid on this account? SOL not up 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, 2013-14? 12. What is the SOL on the debt? To find out:Time has not expired 13. What is the status of your case? Suit served? Motions filed? Served. Answered Summons/Complaint, denied all but my name. Used Failure to State Claim as affirmative defense as absolutely nothing attached to their complaint. Filed my answer at the clerk's office and sent certified/return receipt copy to Plaintiff's attny. I've sent my first set of discovery requests to attny. I received Plaintiff's 1st set of Discovery requests and am now working my way through my answers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').No I have not. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent with the summons. I can't find if they were required to attach anything in Idaho? This is one of my questions. 18. How did you find out about this site? Internet questions I've mailed my first request for Discovery/Interrogatories/Request for Docs. Mailed it to them 01/09/19. One day later, I received a packet from them containing Plaintiff's 1st set to me. Looks like they're still using the exact same questions as they did several years ago! I'm aware an OC is a whole different ball game then JDB, but I'm slightly hopeful I can pull through. I'm diligently searching and reading and studying, trying hard to find my own answers to my questions. Just need some encouragement and a little nudge in the right direction now and then. Their interrogatories contain the standard questions, along with asking if I've ever been convicted of a felony, been party to a civil suit, identify books/papers/records I used to answer...(answered these with: Objection, irrelevant and not likely to lead to admissible evidence. Or, with Defendant without sufficient information or knowledge, etc.). I answered all of the requests for Admission with: Defendant states after a reasonable inquiry, information known or readily obtainable is insufficient to enable to admit or deny therefore denies. With the exception of the last request. Request: True and correct copies of the documents referenced in these Requests for Admission are attached hereto as Exhibit "A." It contains some 1. old past due statements with the last 4 digits of the account referenced in their complaint, 2. a piece of paper that reads, "Your account has charged off. It is now being serviced by Recoveries department. Call 1-800-xxx-xxxx if you have questions about this notice." 3. a Capital One Customer Agreement (from 2014), 4. a Capital One monthly billing statement with a DIFFERENT account ending number (!) Obviously, Mr. Attny didn't pay close attention to what he was sending in his exhibit "A". I started answering this final admission with, "Objection. Plaintiff's Exhibit "A" does not contain "True Copy" as all the documents contained within fail to have been notarized to certify that the copy is a "true" copy of the original document. As to whether they are "correct" or not, Defendant objects. Defendant is w/o sufficient information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation. Should I go ahead and send my answers to the Plaintiff's attny, or is their Exhibit "A" weak enough that I should take another route at this point? I don't think Johnson Mark has any other evidence, no affidavits, etc. Thank you in advance for reading this long book...
  3. Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit. I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences. I really do not have any knowledge in business law so please bare with me if I ask too many questions. Steps Completed. 1. Answer Submitted 2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney, If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 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.) County Court 3. How much are you being sued for? 1,600+ more or less 4. Who is the original creditor? (if not the Plaintiff) Commenity Bank 5. How do you know you are being sued? (You were served, right?) Served At Home 6. How were you served? (Mail, In person, Notice on door) In person, I don't know how the process server found my new location . 7. Was the service legal as required by your state? I believe so 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,never received any mail, since I changed addressed I didn't have any correspondence from them. 9. What state and county do you live in? Cameron County in TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jun 2016 SOL in TX is 4yrs from what I looked up online 11. When did you open the account (looking to establish what card agreement may be applicable)? 2013 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. 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). I already submitted answer should arrived by Certified mail to Midland Today 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I submitted Answer but that is it so far. 16. 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? 14 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry. 18. How did you find out about this site? Google 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  4. Hi guys, please check my original post I have answered the questions regarding the lawsuit I am currently facing. I already submitted an answer to court and I did sent it off to midland attorney via certified mail. I have until Monday to finish up. I believe I need to attach a discovery document, can someone help me create a template I can use. All of this is taking place here in TX. I am new to this process and I really do not know the steps I should take. If someone can assist me and guide I would greatly appreciate it. I would like to get ready for the next step as well what should I prepare and expect.
  5. Hi All, The details of my suit is as follows: 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch, Sturm 3. How much are you being sued for? $3,XXX.XX 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Papers served 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? Phone calls, voicemails and mail from Portfolio Recovery Associates, but did not actually speak with anyone. 9. What state and county do you live in? Texas, Harris County 10. When is the last time you paid on this account? Not sure. Claimed to be September 2017 in Complaint. Sounds accurate. 11. What is the SOL on the debt? 4 years in Texas 12. What is the status of your case? Suit served? Motions filed? Suit Served, have not filed an answer 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? No 15. How long do you have to respond to the suit? 14 days 16. What evidence did they send with the summons? None I have been reading a bunch on this website and will sending my initial response to the suit by the end of this week hopefully. I have taken the advise of @texasrocker on filing a general denial answer.
  6. Good afternoon, The debt my JDB is suing me for has reached the SOL for my state (Michigan) now that we are in the DISCOVERY phase of my case. Is there anything I can do at this point even though I've denied this debt in my answer and affidavit or am I screwed in terms of bringing up the SOL? Thanks....
  7. Got a quite favorable appeals court ruling, except for the discovery issues. Going for reheaing / en bank. Order to join Equifax was part of case management plan Equifax refused to waive service and it took a long time for them to appear Equifax never provided initial disclosures I made countless requests, finally Equifax agreed to extend discovery deadlines when I was ready to file motion to compel initial disclosures Court denied the timely filed JOINT request and later granted summary judgment for Equifax Appeals court affirmed, discretion of district court. There MUST be some favorable rulings out there, but I haven't had internet for almost the last month -- appreciate any cases with either affirming or overturning discovery decisions such as this one. Unfortunately the appeals court did NOT provide anything meaningful in the memorandum.
  8. I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction.
  9. I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal: http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/ I have learned several things along the way. The most significant one is that in most cases, there is no "absolute" way a Justice Court judge has to rule on evidence. He can rule one way on admitting certain evidence and another judge can rule the exact opposite way. If both cases went to appeal, the appellate court can rule that neither judge committed error. To wit, winning in Arizona is mostly luck of the draw and as time marches on, good luck seems to be evermore diminishing . The reason for this is because appellate courts in AZ (and most other places) review the admission of evidence for an "abuse of discretion". This means they are not looking for a specific outcome with the admission of evidence (admitted or rejected), but instead are looking for something to indicate the judge had a basis for his decision. Furthermore, if there is nothing on the record that shows the judge had no basis for his ruling, the appellate courts usually won't assume facts that aren't there. This means the evidence itself must be lacking some fundamental element in order to have the appellate court reverse the Justice Court decision. The next important thing I learned is that there is a case here in Arizona named Parker that appeals courts have been applying to JDB lawsuits. Parker says that a witness can testify about business records even if that witness did not create the records or has no knowledge of the person that created them or the manner in which they were created. The way this is being applied to JDB lawsuits is an employee of a JDB can testify about your credit card statements even though the JDB's employee has never seen the records before reviewing them in preparation of giving her testimony. The only criteria for giving this testimony is that the testimony must state 1.) the witness is a custodian of the JDBs records; 2.) the witness has reviewed the records being introduced (and specifically identifies them); 3.) the records were incorporated into the JDBs own records; and 4.) the JDB relied on the records in its normal course of business. If all 4 of those things are present in the witness testimony (or affidavit on MSJ), the Justice Court is free to admit the evidence and the appellate court won't reverse that decision on objections of hearsay or lack of foundation. This doesn't mean the evidence admission cannot be reversed based on some fundamental defect with the evidence itself, however. Examples of this would be a date that doesn't match up with other dates or dollar amounts among the records are discrepant with no rational explanation. It's YOUR job to raise these questions with the lower court. If you don't address them with the lower court, the appellate court won't consider them on appeal. The last important thing I learned is that JDBs are now entering into 'capped legal fee' agreements with their attorneys. This means that the lawyer agrees to represent the JDB for a modest fee if the defendant does not contest the lawsuit (including defaults) and then a maximum amount the JDB will pay on contested lawsuits. In my own case the cap was set at $1,500. The lawyer submitted an affidavit that they spent over $11,000 in time, but stated that due to 'contractual arrangements' they could only charge $1,500 of that to Cavalry. The significance of this is that a few years ago, if a defendant contested the lawsuit and started running up the JDB's legal tab, the JDB would be more inclined to drop the case and walk away. Now, when they know they will spend no more than $1,500, once they reach that $1,500 limit (right around the 2-3 month mark of the lawsuit when discovery takes place), they have no incentive to back down. It will cost the JDB the same to litigate the case all the way to trial and beyond (I appealed and Cavalry never paid more than $1,500) as it would to settle the case once the cap is reached. The cautionary tale here is that JDBs (at least here in AZ) have figured out exactly what they need to do in order to keep a Justice Court decision in their favor from getting reversed. My philosophy is to do whatever you can to keep the Arizona Court System from deciding your fate on a debt collection lawsuit. At this time, the most effective way to do that is via arbitration. There is an arbitration forum here on CIC. I suggest asking for advice there. Also, here is an example of how arbitration was used in Arizona to beat a JDB: http://www.creditinfocenter.com/community/topic/326349-retired-and-being-sued-by-unifund/ Here is a Justice Court Appeals Ruling discussing the use of arbitration in debt collection cases. http://www.courtminutes.maricopa.gov/docs/Lower Court/082016/m7481002.pdf Update 12-21-2015: The CFPB smacked Midland and Portfolio Financial Services (PFS) pretty hard in a consent order earlier this year. You can read the details here: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ The reason this is significant is some of the Justice Courts here have reconsidered how they are treating Midland and PFS when consumers contest the lawsuits they bring. This is from a Justice Court case that was reversed on appeal: http://www.courtminutes.maricopa.gov/docs/Lower%20Court/102015/m7064645.pdf There have been a couple reports of the Justice Courts taking it upon themselves to reject the evidence, even when the defendant doesn't raise the issues of the CFPB findings. Of course, if you are sued by Midland or PFS, certainly address the CFPB findings when objecting to summary judgment or at trial when Midland/PFS tries to introduce their evidence. Update 04-06-2016: It seems the Justice Court appellate court has had a change of heart: http://courtminutes.maricopa.gov/docs/Lower%20Court/022016/m7204120.pdf Ok, on to my story.
  10. This isn't my first rodeo. I have a thread here for my own case (which I won) and am now at the point of filing for Proposed Judgment of Dismissal to get my costs back. Thanks to Calawyer and RyanEx for your help with the drafts! Now to the point why I'm posting. Midlund Funding is suing Hubby for a debt that's smaller than what I had been sued for by about $200 and change. He has sent a BoP, a MTC when they responded with almost nothing, and filed a GenDen, gotten a Trial Setting Conference date, and he's in the middle of Discovery. They've responded to his First Set RFP with more paperwork than they had to the BoP and MTC. This time they've included copies of letters he sent to get VALIDATION (not verification) of the alleged debt, and when they failed to respond, he wrote them another letter with the same request, and they, again, failed to respond. This happened at the beginning of this year, according to the dates. Now the kicker: they've included a copy that they've notified him that they bought the account (7/1/2016 - never received), a copy that Hunt & Henriques that they're handling the Midland account (10/29/2015 - never received) and a copy of their "Intent to Sue" dated 12/22/2015 (received). We did NOT receive the first two letters (and it's questionable they even sent these) but Hubby did receive their letter (along with family Christmas cards) for their intent to sue. Hubby sent a DV on 01/07/2016, which they didn't respond to. When no response came, he got nervous and sent another DV on 03/21/2016, which they also ignored (my guess is, they were planning to sue all along). My question: HAVING THESE COPIES, HOW DOES HE RESPOND TO THEIR DISCOVERY, SPECIFICALLY THE NO. 14 and NO. 15 of the ROGS? No. 14: Have you ever corresponded with Midland Funding LLC in writing regarding THE CREDIT ACCOUNT? Should he here mention the DV letters he's sent since they have copies? No: 15: State all facts upon which you base your denial of the complaint in this action. Should he just respond with "Based upon the foregoing objection, defendant responds as follows: DENIED." I will appreciate any and all help. He must mail back the responses to plaintiff's ROGS, RFAs, and RFPs by Friday, November 4 which marks the 35 days after they sent their Discovery, but I don't want him to be late. PLEASE HELP ASAP.
  11. Hi everyone! I have to preface this by saying that I've been reading these forums since the day I discovered them. Today I finally made a point to register and ask for some of this amazing advice for myself. I fear I'm not sure what to do next. Also being from Maine, I feel like there aren't many resources specifically for this state available to me since, well, not a lot happens here. Regardless of it being in Maine though, so much of the advice I've learned from here has been incredible. You guys are all great and I'm hoping to catch the attention and help I've seen other people receive. Anything would be greatly appreciated! So here goes... If I leave out any important info, I'll be checking this pretty regularly to reply. This is for we'll say a close friend. She's lost in all of it and I've been pretty excited to learn about this and find a way to help her out. But I know all of the details required. Being such a small area too I'm a bit nervous to post too much info as I feel it would be pretty easy to narrow things down. So if anyone recommends I should edit some info out, please let me know! 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Schreiber/Cohen, LLC 3. How much are you being sued for? 18,xxx.xx 4. Who is the original creditor? Union Federal Savings Bank 5. How do you know you are being sued? Papers served to Co-Signer and defendant's address from 5 years ago. 6. How were you served? Co-Signer in person, at the door. Defendant was not until after answer was filed 7. Was the service legal as required by your state? I'm not sure. Some of the debt collection laws I've read said that they can't serve you by a sheriff? Which is how it was served. But to my knowledge that's a fairly common practice of serving someone papers. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None to the defendant. Though they called the co-signer relentlessly, at work, and accused the defendant (to the co-signer) of being a bad person, etc. 9. What state and county do you live in? Defendant: York County, Maine. Co-Signer: Cumberland County, Maine. Complaint filed in Penobscot County. 10. When is the last time you paid on this account? 2007. Though they're account records mention a partial payment made in 2013. 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I advised the defendant to send their answer promptly. We did research and found affirmative defenses. Unfortunately it was before I found this forum. So now I feel their answers could have been stronger. Didn't file a motion to dismiss in the answer. Also haven't filed a motion to strike the affidavit. Currently tied up in a motion to transfer to the proper county so we have no new case no. to do anything with. I'm worried we're running out of time. But does a motion to transfer start a new scheduling order? We never received any discovery from the plaintiff either. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? Currently waiting on new information regarding the motion to transfer. Haven't heard anything from the plaintiff since August but the court says the transfer was approved. Have not received any interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Unfortunately, a lot. Although this may be the usual case as well. I feel a debt of this much is the holy grail for JDB, so they would pull out all the stops. Evidence: Affidavit of Claim from employee of Cavalry Portfolio Services (a company that performs collections services for Cavalry SPV). Stating they were an authorized employee to make the claim for the plaintiff. That they are familiar with the manner and method by which their company and the plaintiff create and maintain business records. That they acquired this account 'on or about' a certain date. The usual stuff I've seen other people see in their affidavits of claim. It states the name at the top, but the signature is completely illegible. It also says it was notarized a full year after the affiant claims the account was acquired. Note Disclosure Statement: I'm worried this is bad. It's a copy of the original loan agreement from UFSB. With the loan amount, interest rate, and final amount that would be repaid. As well as the terms and conditions, but those are listed on an empty application. Account Summary: This is on Cavalry letterhead. It states an account number, defendant and co-signer names, name of original creditor, the wrong address,total balance (which is higher than the amount being sued for), a principal balance (the amount being sued for), and the original loan amount (less than the amount being sued for). It claims the default date was in 2010. Acknowledgment of Transfer: There are a few of these. None of them say any specific account numbers or names. Just that multiple accounts were transferred to new companys. It appears to have changed hands from USFB, to it's subsidiary within 3 months of the original disbursement date. From there when USFB and it's subsidiary closed up shop, it transferred again, and then again to Cavalry. Again none of these have any specifics to the defendents account itself. PHEW! So I think I answered all those questions! So now I should explain the defendants answer. They denied the debt and claimed the plaintiff has no personal relationship with the original creditor, claiming hearsay on the evidence in the complaint. Also for other defenses they listed lack of personal jurisdiction, standing, statute of limitations, also the fact that USFB never had a license to distribute online loans in Maine from the office in Rhode Island. They didn't make it fancy like the ones I've seen. And didn't reserve the right to add more affirmative defenses later. So now I'm stuck and don't know where to research further! Like I said they moved to have it transferred and we were told there was nothing we could do until we a new docket no. The original court had ruled for discovery but then the clerk said we needed to wait for the motion to transfer. So does that give us another chance for discovery? Can we ask for that from the new judge? Is anyone still reading this? Sorry this is so unbelievably long winded. I didn't intend for it to be. I just wanted to be thorough and maybe catch the heavy hitters' attention on here! Thanks again everyone and keep posting the great advice!
  12. I need some help on next steps in Discovery phase of lawsuit. Here's a snapshot of where things are at: April 2014: Via Pocket Docket in Minnesota, was served by Gurstel Chargo, representing Autovest as JDB for Wells Fargo Financial on Consumer Debt. With interest it's around 25k. I responded within the 20 days required, basically said insufficient information to be able to admit or deny claims. Asked for plaintiff to prove claim. Requested lawsuit be dismissed, etc. May 2014: Gurstel sends robo letter to discuss discovery plan, gives settlement offer. Discovery plan states they will provide Required Disclosures on or before June 27, 2014 and proposes I do the same as soon as possible. I respond via certified mail by June 27 that basically I no longer have any documents. With regards to the Discovery Plan, I sent a revised plan that read: (1) Plaintiff and defendant (via attachment) will provide its 26.01(a) Required Disclosures on or before June 27, 2014. Plaintiff proposes Defendant provide his/her 26.01(a) Required Disclosures as soon as possible. Plaintiff and Defendant will respond to the discovery requests by July 27, 2014. So now it is July 9 and I haven't received anything from Gurstel. No discovery documents. Nothing. The SOL should be running out within a few months however I haven't been able to get the exact date verified from Wells Fargo. Here's my question: They never sent any type of Discovery so can't I get this officially dismissed? If so, how? What are my next steps? Help!
  13. I received a request for admissions, interrogatories, production, etc.. from the Plaintiff LVNV on June 19th. The Plaintiff also filed a Motion for Summary Disposition on June 30th. My question is, do I need to respond to the discovery request, or should I simply focus on my opposition to their MSJ? I am not sure what can be deemed admissible if I don't respond in 28 days. The Plaintiff has not responded to my discovery request and so I feel I shouldn't respond to theirs. I am looking for some advice. Please help!
  14. OH rules state that if an objection is made, the reason for the objection should be made in lieu of an answer. Should I give the cutoff dates and the date discovery was served by Plaintiff and received by Defendant? I put the objection after each request and each interrogatory....is that correct? EX: Request for Admission number1: Admit that your current balance owed is $1236.52/ Objection: Plaintiff's First Discovery (inclusive of all requests for admissions, all interrogatories and all requests for productions) is untimely; therefore an answer is unnecessarily. OR (give more detail) EX: Objection: Objection on the grounds that Plaintiff’s First Discovery (inclusive of all Requests for Admissions, all Interrogatories and all Requests for Production of Documents) is untimely: Plaintiff’s First Discovery was submitted to Defendant after the Court’s Scheduling Order cut-off date; therefore, an answer is unnecessary. Per the Court’s Scheduling Order, all discovery was to be submitted to opposing party or counsel by February 5, 2016 and answered by March 6, 2016: Per the Certificate of Service included with Plaintiff’s First Discovery, the aforementioned discovery was served to Defendant on March4, 2016: Defendant received Plaintiff’s First Discovery on March, 9, 2016. OR Objection: Defendant, generally objects to Plaintiff's First Discovery as untimely. All suggestions are appreciated. Thank you.
  15. I'll try to keep this brief...I'm wondering if anyone can assist? I was contacted by a lawyer in Rhode Island in regards to alleged PRIVATE student loans from 2009 that would have been loaned to me through the school directly. If I owe the money I want to pay it, however I only have 20 days to file my response and I cannot get the school OR their lawyer to show me that I do in fact owe the money (I thought I only took out Federal loans, that's why I'm unsure of the validity of this debt). I have had consultations with two lawyers although I cannot afford to hire a lawyer AND pay the debt if it turns out there is proof of this debt. I want the schools lawyer to show me proof of the debt so I can ask them to settle for a lesser amount TODAY but they are not willing to show me any documentation. I understand a lawyer can file for discovery which will force the other lawyer to produce proof, however I can't afford a lawyer and I don't qualify for free or reduced legal aid. Can anyone tell me how to force them to show me the documentation that they have before going to court?? I just want to settle this matter! I would appreciate ANY input. Thank you!! Please see below for any additional information needed. -The debt is allegedly for $6,000 but they are suing me for $9,7000 for "fees and interest". - When I was served with the suit they attached one document: a signed enrollment agreement which explained what students should expect in terms of fees and tuition. It did NOT mention a loan. - The lawyer states that we spoke in March of 2015 regarding this debt and they were going to send me documentation of this debt. I do not recall such a conversation and I certainly never received any paperwork. I'm fairly certain this would be a violation of the fair collection act.... - Last year I requested a copy of my official transcript which the school provided. They state on their website that transcripts will not be provided to students with outstanding debt.
  16. Just wondering if somebody could help me craft the best question (or questions) to the plaintiff in discovery, regarding alleged credit card debt owed. Basically, what is the best way to phrase a question (RPD) asking for a complete breakdown of the alleged amount owed on the alleged account. To be more specific, how much of the alleged amount owed is interest (or accrued interest) and/or how much was paid out in interest through the life of this alleged account. How much was paid out in services charges, fees, etc. (and how much has already paid out) through the life of this account. Basically, I really want them to provide a complete and itemized breakdown of ALL the fees, costs, charges, interest, etc paid out through the life of the account (as well as how much of the total amount owed to them is interest, charges, fees, etc.), and are those pile/tacked on items included in the credit agreement that I allegedly signed or subsequent legitimate changes in terms of which I allegedly received notice. Any and all help crafting this into 1 or possibly several separate questions that can be added in discovery would be greatly appreciated.
  17. Hi I was recently sued by Unifund CCR, LLC for a credit card debt. I answered their summons . Now i received document for interrogatories. I was not quite sure on how to respond back to the specific questions below which ties back to the Answer that i replied back to the summons. Would greatly help if any one could help me explain what exactly they mean and template to answer. I received the same question for 12 of my affirmative Defenses. With respect to the First affirmative defense alleged by you in answer to the plaintiff’s complaint, please set forth: I. “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense II. As to each such person, state his/her name, last known or present address, telephone number. III. State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. IV. “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates. Attach hereto a copy of each “document”. Incase you wanted to know my Affirmative defense they are as below : 1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. 2. Defendant denies the allegations as there is not, nor has there ever been any agreement, written, oral or implied with Plaintiff and Defendant. 3. Plaintiff’s complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff’s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 4. Plaintiff’s complaint further fails to allege that the assignor even has knowledge of this action or that the assignor conveyed all rights and control to Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 5. Plaintiff has not proven that they are authorized and licensed to collect claims for others in the state of New Jersey, solicit the right to collect or receive payment of a claim of another. 6. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed. 7. Defendant claims accord and satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits from the Plaintiff. 8. The Plaintiff has failed to reference with complaint proof of alleged assignment, original contract signed by Defendant, account numbers, accounting measures to come up with such sum, lack of bona fide proof this alleged debt is indeed Defendant’s. The complaint does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant. 9. Failure to state a claim upon which relief can be granted. 10. Plaintiff’s complaint violates the statute of frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person. 11. Plaintiff’s complaint is time-barred by the applicable statute of limitations on credit card debt in the state of New Jersey 12. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.
  18. I am new here. I received a summons from AMEX Bank and the alleged debt is from AMEX credit card. I have answered the complaint and I received Requests to Admit, Interrogatories and Requests for Production. I need help in answering Plaintiff's Interrogatories.
  19. I am in the midst of litigation w/Midland. Served by PRA on 8/22. I have read and reread many of the threads.It is all sinking in. I have copied and pasted salient points, as I consider if they are of value to my responses apropos to my case. I have saved many samples from this site and refer back to numerous Michigan posters, yet I am in need of a few tips, tweeks and wisdom am searching this site for the following: Format - Looking for a straight forward Style Rules for Michigan Civil Court. Language - proper phrasing Example of Request for Documents... Any experience as a Defendant, Pro Se, as far as what was accepted or denied re: format etc @antiquedave had a great list of questions for discovery, interrogatories, etc. Would it be best to start the process with simple request for documents? So much good advice, just trying to consolidate it all and work each step, step by step.
  20. Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements? 1. Who is the named plaintiff in the suit? Portfolio Recovery Assets 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sean Hadican, #56131 Arturo A. Hernandez III, #59684 Clinton P. Woerth, #53825 Shelley R. Porter, #59294 Counsel for Plaintiff Arturo A Hernandez III, #59684 showed up to first date. A different lawyer showed up to one court date. He said he was paid to attend by the law firm. 3. How much are you being sued for? roughly 1600 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA / FIA Card Services 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) In person 7. Was the service legal as required by your state? I believe so as the Sheriff served it 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? Cannot remember 9. What state and county do you live in? Cole County, Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not know. 11. What is the SOL on the debt? To find out: 5 years in MO 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, should I? 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Complaint included: Complaint on the basis of account stated Affidavit Bill of sale without attached spreadsheet, no mention of name A credit card statement addressed to me, but does not include charges only a balance. Servicemembers relief act status report (not in armed forces) DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers) REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY
  21. I'm being sued by Midland funding in Washington State (Pierce County). I have received a summons stating breach of contract. I filed an answer and an affirmative defense. I filed a request for production of documents please see attached. Today I received my response from the plaitiffs for request of production of documents as follows: plaintiff objects to defendant's request for production of documents on the ground that is not permitted per LCRLJ 26(3). subject to and without waiving this objection, and in good faith attempt to be responsive to this request, all responsive documents currently within plantiffs possession, custody, and Control specific to this request or attached hereto. What was provided to me was a bill of sale and assignment, a asset schedule and affidavit of sale of account by original creditor,and a certificate of conformity which none of these documents mention my name or account number. I've also received a document titled field data that has account number,date account open, amount,charged off date, name address,last payment date last purchase date. at the bottom of the form it says "data printed by Midland credit management incorporated from electronic records provided by Citibank pursuant to the bill of a sale/assignment of accounts dated 11 2011 in connection with sale of accounts from Citibank to Midland funding". I could create this document myself there's nothing on this document that states it was from Citibank. they did not provide all documents requested that is all they provided there is nothing more filed with the court as of yet what would my next step be?
  22. Hey All, Just received discovery responses from CACH, LLC. wherein they objected to my request for the purchase agreement on the grounds that it was protected as a trade secret. CA Evidence Code 1060. Has anyone had any success compelling this document from a JDB? If so, can you point me to a template? P.S. This is my first time posting, so if I didn't follow any of the normal procedures, my apologies in advance.