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Question about Junk Debt Buyer Lawsuit


DGrundei
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Hello all,

In May of 07, a default judgment was awarded against me in Hamilton County, OH for an alleged credit card debt from MBNA. However, I never knew about the lawsuit b/c I had moved, and was never served.

I filed a motion to set aside the default judgement, and on Nov. 13, 08, the motion to set aside the default judgement was "granted due to lack of service and a meritorious defense under Civ. Rule 60(B)."

Now, though, the matter is "hereby set for REPORT on Jan 13,2009 at 1:30pm in Courtroom xxx".

Also, I received a Request for Admissions and Request for production of documents from the plaintiff, Columbia Credit Services, Inc.

What should I do? Why would they send me this after the motion to set aside was granted? Also, what does, 'set for report' mean? I called the courthouse and they said I had to show up at that time and date, but I'm not sure what for?

Any help would be appreciated.

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Swirlgirl,

Thanks for the quick response. What is the best way to answer the questions they sent me. Some of them seem very personal. For instance, they're asking me what my SS# is. I know they already have it since they messed up my credit rating, but why should I possibly give them more info about me?

Here are questions:

1. State your name, address, ss#, date of birth, and the name and address of your current employer.

2. Have you ever appied for, possessed, or used a credit card supplied by MBNA? If yes, give the date of application, account number, and all parties authorized to use said card.

3. If the Answer to Interrogatory No. 2 is "yes" was the application in writing signed by you, or taken over the telephone?

4. Have you ever maintained any other account of any kind with MBNA? If yes, identify the type of account and the date it was established.

5. State all monthly or other payments made to MBNA by you at any time upon a credit card account, giving the relevant dates, and amounts of each and every payment made.

6. If you dispute the amount Plaintiff states is due and owing by you as set out in the Compliant filed herein, state what amount you think is due Plaintiff and give the exact basis for reasoning and/or accounting by which you reached that figure.

7. In addition to the above iterrogatories, list every charge, credit, debit, adjustment or other entry that you deny or dispute, and give the exact basis of each dispute.

8. Did you ever advise Plaintiff or Plaintiff's predecessor interest to the effect that you no longer wished to have this particular account? If so, state the date said request was made and to whom it was communicated.

9. What offer do you wish to make to resolve this case?

----------------------------------------------

there is also a series of statements that I am asked to 'admit or deny' ----- but again, some of them seem to be odd. Can I refuse to answer some of them based on relevency?

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*Also, this stems from a CC that I had in college, and to my knowlege, I had the account payed of in 1999, or at the latest 2000. They're claiming I used the card up until 2003, which I believe to be a lie. In addition, I have moved so I wasn't receiving any of the letters from the CA.

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Nascar, not quite sure how to respond to the Request for Admissions --- here are the questions:

1. Admit that you applied for and received from MBNA an MBNA credit card.

Admit. I had the card from approximately 1996-1999

2. Admit that when you received your MBNA credit card that you also received a Cardmember agreement.

Not really sure. I guess I did, but it's been 12 years. I don't particularly remember getting one, but don't particularly remember not getting one.

3. Admit that you used your credit card to purchase goods and/or draw cash advances.

I admit I used the card between 1996-1999

4. Admit that you received monthly billing statements from MBNA, Plaintiff's predecessor in interest.

It's been so long, I don't exactly remember when I got statements, and when I didn't. I payed my statements when I received between 1996-1999

5. Admit that you never disputed a monthly billing statement from MBNA within 60 days of receipt.

I don't remember. I might have disputed a statement back then. not sure.

6. Admit you owe to the Plaintiff the sum of $5064.31 plus interest at the rate of 6% from June 20th, 2006.

Deny. In no way to I think that I owe the plaintiff this money. I have seen no proof whatsoever in why or who I owe.

7. Admit that you have made no payments to the Plaintiff or to an assignor of Plaintiff, which are not relected in the principal balance sued for in Plaintiff's Complaint.

This is a tricky question. It is true that I haven't made a payment to the plaintiff. But it seems like if I "admit" this, than I am admitting somehow that I own the plaintiff money, or that some payments I've made are reflected in balance.

8. Admit that you have no evidence that you are entitled to any credits, offsets or deductions not already relectd in the balance sued for in Plaintiff's Complaint.

Again, tricky question. Since I don't admit I owe ANY money to plaintiff, what is the relevence of this question?

9. Admit that every statement or allegation contained in Plaintiff's Complaint is true and correct.

Deny, obviously.

10. Admit the Defendant does not have evidence that Defendant does not owe the balance sued for in Plaintiff's Complaint.

I thought the PLAINTIFF was the one who had to have evidence. I don't have evidence because I don't think I owe the money. What evidence could I possible have here?

11. Admit that MBNA sent you a notice that disputes would be resolved by Arbitration.

I never received any such notice.

12. Admit that MBNA gave you the right to refuse to accept the Arbitration of dispute.

I'm unsure of any such 'right'

13. Admit that you did not notify MBNA that you wanted to refuse to accept the Arbitration of dispute.

This is true. I didn't notify MBNA to refuse anything. I didn't even know about any of this.

14. Admit you were notified of the Arbitration on your account.

I don't recall being notified, and the only time I would have been notified would have been by this JDB who will not give me any personal information when calling me.

15. Admit you were notified of an Arbitration Award against you by th eNational Arbitration Forum.

I recall no such thing.

16. Admit that the last payment you made on the account with MBNA was made September 15, 2003.

The last payment I recall was around 1999 --- nowhere near 2003

17. Admit that on October 31st, 2006, you had a conversation with April Hall, an employee of Columbia Credit Services, explaining to April that you operated a non-profit website as a college student, but do not otherwise work, and had rent to pay.

What is the relevence here at all? I used to be behind on a student loan (which I'm no longer in default on), and would sometimes have people call about that. I have never had anyone at Columbia Credit Services actually give me real information about who they were. Anything I would have said to them would be to politely hang up.

*they ask a few other questions about when they called me, about what "I said", which was basically that I had no intention of paying them (due to the lack of evidence they gave me about the validity of the debt).

How should I respond to these questions? Should I simply write "Deny" --- "Admit". Or should there be more explanation. Can I leave some questions blank as "misleading" or "poorly worded" questions?

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Swirlgirl is right. Getting a default judgment vacated means you are given the chance to defend yourself in the lawsuit, not that the case is dismissed. Usually the first step is to file an Answer wherein you deny the claims and assert your affirmative defenses; perhaps that was implicit or included in the defaut judgment vacation.

Now the plaintiff has served you with Discovery requests, designed to make you admit to everything so they don't have to provide any proof. You must answer, and you should serve them with Discovery requests as well. You have a lot of research to do on this site regarding Discovery.

For item 1, a lawyerese response might be:

"Responding party objects to this request in that it is vague, ambiguous, overly broad and burdensome in that it is not limited in time, nor is it limited to the subject matter of this litigation."

I don't know about Ohio, but in California this would be added:

"Responding party further objects on the grounds that the request is compound in that it is seeking two separate requests in violation of the Code of Civil Procedure."

For items you are unsure about, you can say:

"Responding party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same."

For personal questions, if appropriate consider responding:

"Responding party objects to this request on the grounds that it is not relevant to the subject matter of this litigation nor will it lead to the discovery of admissible evidence."

For questions like place of date of birth, you can still say this and add:

"Without waiving said objection, responding party provides as follows:

-date of birth-"

There are a lot of threads about responding to Requests for Admissions, Interrogatories, and so forth. Spend some time looking them up.

Good luck.

DH

PS The best advice is to consult a lawyer, rather than depend on us hacks!

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