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Found 19 results

  1. 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.
  2. Received request for admissions (Background information) In July 2006 we purchased/financed a vehicle for which we paid monthly installments due to circumstances our last payment was around January 2010 and the vehicle was repossessed in April. On 01/22/2015 a complaint was filed in Hillsborough County (indicates the debt was purchased by FFS, Inc - the plaintiff on 03/31/2011) and on 03/02/2015 we received a summons and we filed our answers on 03/20/2015. We had not received any further communication, that is until 02/27/2017 when we received a Notice of Intent to dismiss from Hil
  3. I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active: Immediately after filing our answer, we received a "debt validation" through the mail: -An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. -A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding. -A
  4. Hello, this is my first post. I received a request for admissions, interrogatories, and request for production of documents. I found this previous thread and used it as my basis for responses. I tried to write everything as verbatim as possible. I am in the State of Pennsylvania. I am assuming compounded interrogatories are allowed. (Please reference Interrogatory No.3) Also, I am not sure if I need to provide three separate response pages for the admissions, interrogatories, and production of documents. I have already formatted three separate pieces of paper with the answers.
  5. Hello All,I've read a bunch and was able to answer the complaint. I wasn't able to afford the lawyer I wanted in time so I'm having to pro se, and hoping for some guidance with the Request for Admissions I've received. Here are the forum questions first: 1. Who is the named plaintiff in the suit? Cavalry SPV 2. What is the name of the law firm handling the suit? Machol& Johannes 3. How much are you being sued for? 8,xxx 4. Who is the original creditor? BOA 5. How do you know you are being sued? Served papers 6. How were you served? In person, at the door 7. Was the service legal as requ
  6. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states
  7. Hi, I have been sued by LVNV on an alleged debt that I know nothing about. Please see my answers to the standard questions below. I filed and served my Answer/Affirmative Defenses before the deadline. The case was filed in the Travis County Justice Court, which does not allow pre-trial discovery without permission from the court. Although the court, under the rules, may grant a motion to allow discovery without hearing, this judge has set a hearing date. So far, I have not received any response from LVNV. I need form/sample interrogatories, requests for production, and requests for a
  8. Here's the short version Being sued by cach, llc. Got a set of requests (tons of course!) need to answer and send them a set of my own! I need help with answers. The stuff they have is a bill of sale worse copy ever! not even legible statements with the blacked out number, of course one affidavit of someone in their company.. Here's what they want - I'm sorry there are so many pdf's but it would've take so much time to type each and every question. I'm going to go back and look at another post I saw and see if some questions I can use for advice. I also need questions to fire back at them
  9. I live in Washington State - Original credit card company was Sears opened in 1983, sold to Citibank sometime around 2003. Account now at Cach, LLC, being sued through Mandarich Law Group out of California. I received original summons with NO case number - responded and objected to claims twice. Now I have received REQUEST FOR ADMISSIONS and FIRST SET OF INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE). I want to object to everything - but I also believe there is case law out there regarding chain of ownership on documentation. The whole suit talks about "Original debt
  10. Hello everyone, I may have put myself in a difficult situation and would greatly appreciate any advice. After submitting a general denial and BOP I moved and changed my address. I did file this change of address with the court as I had a hearing for a fee waiver 3 weeks after the move (August). This was months ago however I didn't receive any mail from the plaintiff until recently. The Request for Admissions and the Motion to Compel are in my hands right now. They've also sent a Request for Documents. So right now I'm trying to wrap my head around this: Plaintiff's Motion for Order that
  11. I am sued by Cavalry and have requested admissions. Their response is to admit but claim I have not requested the related document through discovery. Example: My request: Plaintiff has not provided Defendant with a copy of an application for a credit card account... Response: CSPV admits the allegations, defendant has not requested it through discovery. In my request for documents, I have requested "Any credit application, contract, or other agreement..." Do I make a second request for the application and be any more specific? Is this a matter that has to wait until trial? Is it possible t
  12. In a similar and previous post, I stated that Cavalry SPV I, LLC is suing me. I received a Request for Admissions about two weeks ago. The Certificate of Service is dated December 27, 2013. As stated in my previous post, my mail is currently being forwarded to an out-of-state address as I have been caring for my sick father. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Admissions #1-10. Once again, I could really use reassurance and assistance.
  13. I am formulating questions for Admissions. In trying to determine how to formulate my questions, I pulled my credit report to ascertain if I am dealing with an OC or a JDB in this suit. In the report, the OC account is labeled as a "Charge Off". Further down the report, a local collection agency (B0nne*vlle) has taken charge of the account (which agency is the Named Plaintiff in my suit). Under the CA's data it includes the info: "Original Creditor: (Local Bank)". Given this info, I cannot decipher if the OC sold it to the small, local CA? Or if the CA is just handling the collect
  14. Hi All, I've been a bit quiet about my case lately. Frankly I was overly stressed and just needed to keep things to myself for a bit. However an interesting development has come up. I served my Request for Admissions on 9/4. Under Utah rule they had 28 days to respond. If they did not respond then the admissions would be deemed admitted. The 28 days was up on 10/2. As of today I still have not received their response. I need to know what my next step is to get this dismissed. I've listed my admissions below. Any help is appreciated. 1. Admit that you are not the legal owner of the alle
  15. Background: UNIFUND filed a suit in Jan 2013 against me. They sent their Discovery Nov 20, 2013. I have a few days left to send off my responses. Status IS: 1. BOP sent (11-4-13) They ignored all requests but sent 4 statements. ( What is the recourse? Does Judge really even care?) 3. Plaintiff's RFD asked me for exactly what I asked from them in the BOP. 4. Plaintiff's RFA's I have seen no proof they have anything tying me to this account, but don't want to deny everything if they somehow do. Should I be more ambiguous with denials? Their lawyers have shown me zip
  16. Hi All, First a bit of background. Received complaint from Asset Acceptance. Nothing was attached to it, just the complaint. Filed answer claiming lack of information and denying everything. No Affirmative Defenses were used. Earlier this month I received Plaintiff's Initial Disclosures, RFP and RFA all on the same day. With the Initial Disclosures they included a generic copy of a cardmember agreement and what looks like a screenprint from the Lawyer's office laying out the alleged original balance from the OC, costs, interest and alleged current balance.This also had my Name, SS# Address, P
  17. Hello everyone! OK, so I think I'm ready to send my responses but would love some feedback. Also, should I send my Request for Production of Documents along with responses or send separately? Thanks in advance! COMES NOW the Defendant, appearing pro se, hereby makes the following responses to Plaintiff’s Requests for Admissions, Interrogatories and Production of Documents, as follows: 1. STATE YOUR FULL NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER. The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to di
  18. I've read a whole lot of threads regarding the ANSWERING of a Junk Debt Buyers' AKA Plaintiff's Request for Admissions and Interrogatories. But where are some good suggestions for the Defendant's (aka me) Request for Admissions and Interrogatories? I am looking to send a pre-emptive strike against a JDB's Atty here in GA (they've filed suit against me despite repeated requests to validate debt and a previous attempt at filing suit against me (which was dismissed without prejudice) Ive already done the request for production of documents this week. I have NOT received the Request for Admissi