Sued by Midland Funding, any additional help would be great.

[Costa]

Quick background of case.

I received a summons in Feb 09. I filed my answer with the courts within the 30 days. Also, at this time I sent a letter of verification to Midland Funding (this was the first thing I received from them). They then sent a letter of "validation" instead. I again requested "verification" and also went ahead and requested discovery from the plantiff (all done in March 09). Spreachman & Assoc. is the law group that Midland is using and they continued to send collection letter to me. In Sept 09, Spreachman tried to get a default judgement, which was denied by the court since I had filed everything correctly and on time. Then, in Dec 09 they requested Englargement of Time for the discovery. They then sent me a request for interrogatories, admissions, and a request to produce. I responded to each of these within the alloted time and sent my response to both the court and Spreachman. Then in April 2010 they have requested a Motion to set for trial and order setting cause for trial. They also want to appear by phone, which I have been told on this board I should go ahead and let them. The day after I received this order I sent a request for interrogatories and admissions to Spreachman/Midland. I have also sent a motion to compel to the courts asking the court to require Midland to respond to my original discovery request from last March. They have again requested Enlargement of Time, but this time for the interrogatories. I would like to oppose to this since they have yet to respond to any of my requests for any information. What is the best way to respond to the Enlargement of Time and make them send me the info I requested or dismiss this case.

Also, the "telephone" trial is scheduled for the end of May. What should I expect from this. On the letter I received it says that it is a non-jury trial and should only last 15 minutes. It also states that the plaintiff's counsel must have witness on their line when calling into judge's chambers. Will I be able to show that the plaintiff has been unable to show proof of anything during this? Also, can I object during this telephone trial as well? I am obviously new at this but I have tried to follow the FL procedures as best I can. Any help that can be provided would be great.

[Big Time]

file an "opposition to plaintiff's motion for enlargement for time."

any motion they file, you can file an opposition to.

What did you admit to on the discovery they sent you?

who is going to appear by phone? someone from the OC?

[Costa]

I didn't admit to anything on the discovery. Most of my responses were "Defendant is unaware of any such documents and therefore cannot produce said documents." For admissions I pretty much did the same thing because I do not have anything, "Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained herein, and leaved the Plaintiff to provide proof. Defendant demands strict proof thereof."

For the interrogatories, it was the same thing (they pretty much requested the same info/questions in each). I did state my defenses in the request for interrogatories, they are below:

1. Midland Funding LLC has not proven that they are authorized and licensed to collect claims in the State of Florida, or solicit the right to collect or receive payment of a claim of another.

2. Midland Funding LLC has not proven that they were retained by CITIBANK at its representative in this matter.

3. Midland Funding LLC has not proven that (name here) is the real party of interest. Defense demands proof of ownership specifically that the alleged account is still the legal property of (name here) with all of the original creditor's rights and privilages intact.

4. Plaintiff's complaint violated the Statute of Frauds as the purported contract or agreement falls within a class of contracts and agreements required to be in writing. The purported contract or agreement alleged in the complaint is not in writing and signed by the defendant or by some other person authorized by the defendant and who was to answer for the alleged debt, default or miscarriage of another person.

5. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's complaint and each cause of action herein fail to state facts sufficient to constitute a cause of action against the defendant for which relief can be granted.

6. Midland Funding LLC has provided no sworn statement testifying to the accuracy or validity of the recollection of the alleged debt.

7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

8. Defendant claims lack of privity as defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

9. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time.

I have no idea who will be appearing by phone. I have received absolutely nothing from them saying who that will be. I doubt this would be the original creditor. Everything that I have leads me to believe it will be someone from Midland.

Where can I find an example of an opposition to enlargement of time? I have looked around but have been unable to find something.

[FlaLawyer]

Are you in small claims court? What county?

[Costa]

Civil; Okaloosa