JDB Plaintiff request documents, etc.

[FedUp1963]

I have a very simple question regarding a request I just received for inspection and production of documents, a request for admission, and interrogatories.

I am being sued by Mark D Walsh with Legal Recovery Law Offices on behalf of Midland Funding LLC. Seems to be fairly common according to all the research I've done.

I filed an answer to the initial summons in the allotted time and have heard nothing since 8/12/10. This Friday I received a letter with a request for inspection and production of documents, a request for admission, and interrogatories.

My question is; because these are requests, and no court stamp is on any of the forms, and the forms were not filed with the court, do I need to respond?

Any advice would be greatly appreciated - I have found this site extremely useful and helpful as I am fighting this Pro Se (I think that's what it's called).

[Guest usctrojanalum]

My question is; because these are requests, and no court stamp is on any of the forms, and the forms were not filed with the court, do I need to respond?

Yup.

[Massive]

I have a very simple question regarding a request I just received for inspection and production of documents, a request for admission, and interrogatories.

I am being sued by Mark D Walsh with Legal Recovery Law Offices on behalf of Midland Funding LLC. Seems to be fairly common according to all the research I've done.

I filed an answer to the initial summons in the allotted time and have heard nothing since 8/12/10. This Friday I received a letter with a request for inspection and production of documents, a request for admission, and interrogatories.

My question is; because these are requests, and no court stamp is on any of the forms, and the forms were not filed with the court, do I need to respond?

Any advice would be greatly appreciated - I have found this site extremely useful and helpful as I am fighting this Pro Se (I think that's what it's called).

Answer the Discovery and mail back to Plaintiff. File a Certificate of Mailing with the court stating that you sent answers to discovery to Plaintiff. File a Certificate of mailing with the Court when you send the Requests for Admissions to the Plaintiff. Do not file the actual requests or answers to requests with the court.

[FedUp1963]

Thanks for the answers! I figured as much I just wanted some confirmation. I have read several posts and blogs on how to answer so I will use that info to guide me.

[FedUp1963]

Have they proven through authenticated evidence that they own the debt?? Is there a Bill of Sale with your name on it citing your account number and signed by the original creditor??

Wow! Thanks so much Massive! You are exactly correct in that I have received no evidence showing that I owe midland credit or legal recovery law offices any money.

If not you answer their requests for admissions this way:

Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

Interrogatories can be answered similarly by first objecting to them and stating "Plaintiff has not provided authenticated proof that they own the alleged debt."

Would you suggest that I answer each question separately in the official "court paper" format or would a simple single statement cover all the requirements for discovery, admissions and interrogatories?

Thanks for your help and advice! This was one of those debts that I was paying to the OC for 2 years, just sending in payments month after month without really tracking it (stupid, I know now).

Turns out that we paid $5,630 on a $7,500 pre-approved GE money telephone loan and noticed the balance was $6,039 after all our payments!!!

I called them multiple times back in 08 trying to negotiate - but they would only transfer me to some debt consolidation helpline that they ran. I finally gave up and just quit paying them.

Sorry for the diatribe, just want to vent why I'm in this predicament. Thanks for your advice once again!