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Confused by Wording of Request for Admissions from Midland Funding


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Hello,

I am a Newbie. I have been searching this forum until I've gotten a headache :confused:. I've gotten great information on how to answer my Request for Admissions, but my #1 Request for Admissions seems to be different than all the ones I've seen so far. It states "Admit that the Defendant is properly identified in the style of this case." The 'style of this case is throwing me' as I know these CA's can be tricky. Additionally, this Request if actually from Love, Beal & Nixon who are supposedly the Attorneys for Midland Funding???? They are both collection agencies. I am so confused and trying to do this correctly. I already filed a DV letter. They sent me an letter with an account number stating the last 4 digits of my social security number which does not prove anything. I requested a copy of signed contract and history of payments--that's when I received the Request for Admissions and Interrogatories. I think I've got all the answers to respond except for that first question. Can anyone help? I don't want to answer it incorrectly. If I admit to that question, am I admitting anything more than the fact that my name is spelled correctly on the document?:?

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Objection the defendant is not employed by the Court, is not an attorney or legal professional and has no firsthand experience, knowledge, training to answer such a question. However, without waving objection, my name is spelled (Your Name). That is my take on how I would answer.

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Well, Lawcurious, believe it or not I just finished it yesterday, have been working on it since I last posted. WHAT A CHORE!!!! Maybe because I'm a newbie, but it took a lot of researching mostly on this site, but basically I followed the many examples on this site--for the admissions my basic answer was:

"Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegations contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof."

Mostly the same for the interrogatories.

And as for the Production part:

"Defendant is unaware of any such documents and therefore cannot produce said documents."

I just searched for the ones that were true for my situation and used them accordingly. I was mainly confused by how to word things and not sound like and idiot and this site helped tremendously. I've searched other sites, but this is by far the best one I've seen. There is a wealth of info on this site. It just takes time to find it.

Good luck to you.

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Okay, I sent my Response to Request for Admissions and Defendants Request for Admissions by certified mail to Love, Beal and Nixon. Next, I filed, no, ATTEMPTED to file copies of such with the county clerk, who referred me to the court clerk, who advised me that they do not accept anything to do with Discovery. That only goes to the entity that is suing you. They only accept an Answer to a Summons which, after a detailed conversation I surmised that that basically only entails the DV letter. I sent a DV letter after finding the summons on my porch and a copy to the court. Apparently that is all they accept. The Discovery was the only response I received relative to my request for DV. I even asked if I needed to change the title on my ‘Response to Request for Admissions…’, to ‘Answer to Request for Admissions…’, she said ‘No, it’s still a Discovery and we don’t accept those, you just send it to the person suing you-they’ll know it’s not going to be time stamped.” She was very nice and explained some things to me very nicely.

To go back a minute… in 2006, I worked for Metlife and had a good credit score in the upper 700’s. I had to have some foot surgery and was on disability for over 3 months. Metlife did not pay me for a period of almost 3 months, and then denied 1 month and of course payments are not complete salary. I was forced to go back to work before being released from the dr. Thus, the nightmare begins. Since then I have had 4 judgements filed against me, 2 with 27% interest, mostly from Love, Beal and Nixon who seem to prey on Oklahomans and I’m slowly sorting through the collections all of which totaled about $30,000 after all the exhorbitant fees were added. I make $10.00/hr-I no longer work for Metlife. So far they’ve been unable to garnish my wages, although I can no longer have bank accounts as I’ve had 2 of those garnished-one was a second chance bank account. I can’t file BK as my ex’s and my names are both on two houses-one he lives in in CA and the one I live in here in OK and at this time I really don’t have enough excess income (who has excess income esp now-days?)for a Chapter 13 BK nor the minimum of approx $500 it takes to do one.

It appears the courts don’t back the consumer up at all so the JDB’s can pretty much do as they please. If they don’t answer your DV letter-so what? If they refuse to answer a Discovery-so what? But if I don’t answer a Discovery, I get a default judgement almost immediately. What is that about? Am I missing something? JDB’s do not have to be licensed or bonded in OK. Either I’m one of the stupidest idiots on the planet or I live in the crappiest state in the nation. Legal Aid here is of no help, my daughter filed a case with them and the person handling it basically told her to pay it (it wasn’t hers-GE Moneybank went after her on one of mine because she was an authorized user) and when my daughter pressed the issue, the legal aid person started working on the case and a week later went on an extended LOA that no one bothered to inform my daughter about.

Anyway at this point I don’t know what else to do.

By the way, I loved the Debt Validation Workflow, although the courts here probably won’t accept a suit against a JDB.

Hope I wasn’t ‘whining’, I’m just terribly FRUSTRATED, ANGRY and CONFUSED!!!!!:evil::cry:

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As with most courts, you aren't req'd to file requests or answers concerning discovery with the court, in MO for example only the certificate of service for discovery whether it be an answer or a request. Your court clerk should have at least told you that if that's the case in OK. You MUST file the ceritificate of service with the court so look up the rules of procedure for OK and get down there today and get the COS filed asap.

Edited by Baggins
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