amomaine

Fighting Midland LLC -- What is the correct order of filing answers/motions?

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Hello!

I was summonsed last week by a JDB, assignee of Big National Bank (credit card), represented by Big Jerks in Maine (aka).

The summons was delivered by the sheriff to my home, but there is no Docket/Case number written on the complaint. Attached was an affidavit (in support of judgment) from Minnesota and a basic sheet stating amount sought and open/charge off dates. It is within statute of limitations by 1 year.

JDB is claiming to be both the assignee (on the claims form) and the purchaser/owner (in the attached affidavit).

Though this is going to small claims, I plan to fight it. My question is what is the correct ordering of filing -- I've read extensively through this forum and others and everyone seems to have a little different way of going about it. My current plan of action is:

1. File an Answer (denial due to insufficient knowledge/evidence) with Affirmative Defenses (plaintiff failed to state claim upon which relief can be granted, lack of privity, failure of consideration, plaintiffs injury to self, plaintiff is barred under FDCPA from collecting fees etc)

2. File Discovery Service to atty requesting extensive documentation going back to OC.

3. File Motion to Strike affidavit.

Does that sound right? Can I send these out (and get them certified by court clerk) all at once or should I stagger them?

I have consulted the State of Maine rules of civil procedure to the best of my ability.

thanks very much

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I haven't ever been in small claims court so I don't know how much it may differ from civil court but your plan of attack seems to be on point.

File all of your documents at once & get the clock started on your discovery requests so the plaintiff actually has to pick up your file & do some real work.

Make sure that you time/date stamp all of the necessary documents @ your court clerk's office prior to filing them with the court. I stamped my answer & my request for production to plaintiff so that I could prove I filed my answer within the required time (30 days) & in the event the plaintiff fails to comply with my discovery request, I have proof enough to win a motion to compel.

Document everything & admit nothing.

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I haven't ever been in small claims court so I don't know how much it may differ from civil court but your plan of attack seems to be on point.

File all of your documents at once & get the clock started on your discovery requests so the plaintiff actually has to pick up your file & do some real work.

Make sure that you time/date stamp all of the necessary documents @ your court clerk's office prior to filing them with the court. I stamped my answer & my request for production to plaintiff so that I could prove I filed my answer within the required time (30 days) & in the event the plaintiff fails to comply with my discovery request, I have proof enough to win a motion to compel.

Document everything & admit nothing.

Hey!

I got these things time/date stamped, and the lawyers representing Midland never responded to my discovery request. I was basically told since then, by someone with knowledge, that in small claims here they don't have to respond to a discovery request. I am surprised at that.

I also filed a motion to strike their affidavit as hearsay, but did not realize at the time that I may have needed to set a hearing for that motion (which may explain why I haven't heard anything in regards to that motion since I filed it.... I was assuming that it would just come up at the court date but now I see I may have messed up). I hope that I can still object to the affidavit at court tomorrow.

Thoughts?

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In many states Small Claims have a completely different set of procedures from other courts, and each state is different which is why the answers here at CIC vary so widely. You should check your state's to prepare yourself for court.

Edited by ALVA
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Hi, I was wondering where you get all the paperwork to file things like discovery requests, and motions to dismiss.

Thanks,

LL

Instead of asking questions in older posts, it would be best if your started your own thread. It would avoid some confusion.

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