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I Responded to Discovery, Midland is saying I didn't.


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Hey guys,

Midland sent me their bs discovery (interrogs, prod. docs, admissions) on Jan 21, 2011. I responded back on time on Feb 15, 2011, with proof of service (filed with court) and certified mail, first class(I have proof/receipts).

Today I received a Meet and Confer notice from plaintiff's atty which basically says that they haven't received my discovery responses and that I have 7 days to respond or else they are going to file a motion to compel my response. Not really sure what to do now.

Should I call the attorney or write them a letter? I was trying to avoid all contact with the otherside, except by mail, unless it is absolutely necessary, but it seems that I may have to this time.

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If it were me.........I'd copy EVERYTHING you sent them with a copy of your receipts and tell them to shove it. I filed papers in court on 3/8 and have yet to get my CMRRR receipt back in the mail. I think Midland pays the post office to lose their mail. LOL I called the USPS today to see why my certified mail hadn't been delivered after almost 3 weeks.

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I would not call them. It will only lead to more problems and possibly talking to a strong arm collector who has no idea what is going on rather than a real attorney.

What I would do is keep the letter and get my proof together. Also, make a copy of the answers to your discovery. When they do file a motion to compel, simply oppose the motion with your proof that the answers were filed with the court AND sent via certified mail and you can proof that they were received at the address on record. If the issue ends up in front of a judge, state that you have given them your answers to their discovery BUT since their office has a hard time delivering mail, you are willing to give them a copy of the discovery answers in front of the judge.

I wish you luck.

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Since you have received a Meet and Confer Notice, you should not just ignore it since you run the risk of pissing the judge off if they do file a MTC. Send them a letter informing them that you have responded and send a copy of the CMRR reciept. They will likely loose that as well and file an MTC, but you will then have proof you mailed the responses and responded to their Meet and Confer. They will be the ones pissing the judge off then.

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It sounds like another case of Midland having so many cases that they can't even keep them straight. If you have documentation of having sent them the anwsers, take that to court and let them make fools of themselves. It might be a good idea to send them another copy of the anwsers, but only if you feel like it, these idiots blow my mind. They never have proof and will try any angle to get a judgement before the thing goes to trial.

If they file a motion for SJ then oppose it by filing a response with the simple reply that you did respond and have that proof with you at the hearing.

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Maybe resend it via Priority mail, with delivery & signature confirmation? You can print all the confirmation info directly off usps.com. Midland has received and signed for mine, no problem. If they are avoiding the green cards, then priority mail in a red, white and blue flat rate envelope will throw them. Still shows proof of delivery and who signed for it.

On your paperwork, be sure and list delivery as USPS PRIORITY MAIL – ELECTRONIC DELIVERY CONFIRMATION – SIGNATURE REQUIRED

Edited by HoppinMad
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It's funny how I've sent them a few letters certified and they definitely got those because they wrote back. But coincidentally, they didn't get my responses to discovery, which happen to be very important in this case because if I don't respond, they could win. I'm so frustrated with these guys, it seems like they are doing everything they can to get a judgement like fightemdontfold said. Even after I filed my response/answer to the complaint in the beginning, they still tried to get a default judgement on me, and then wanted to settle for a RIDICULOUS amount. I am NOT going to let these guys win. Thank you everyone for the advice! I will keep everyone updated with what's going on.

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Check your original summons there will be a requirement for Meet and Confer needed prior to a date certain in some instances. They may need to be able to show that they have attempted to meet and confer so they can file MSJ.

Others, have pointed out that you have all the proof you need to show your discovery was sent and recieved in a timely fashion so no worries there.

Here is what you need to consider, if they have lost what you sent, what would the judge order you to do? Further, what will be the perception of the court "of you", if you make them jump through a bunch of additional steps to get these docs?

I would do the following if it were me- I would copy my CMRR (green card) showing they recieved the doc's in a timely fashion with a note stating such, send them another copy of answers first class mail. If you ever had to stand in front of the judge, you will be percieved as being reasonable and diligent, not someone trying obstruct the process.

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I sent mine to Midland on 3/8 CERTIFIED first class mail RRR and haven't received my green card. How can they avoid that?

You can go online to the usps website, put in the certified #, and it should give you a look at the signature of the delivery card. You can print that out. It is legal, and can be used as a proof of delivery. (I used to work for Postal Service.) :)

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Send it to them again, with proof you mailed it before, and send it prioirty mail with delivery confirmation.

I never use the green card. the receipt from the website is enough for me to show a court I sent it and they got it.

Sounds like the lawyers are using this conference as a trick to get you in conversation in front of the judge to cajole a settlement. Not clean, but certainly clever. So, if you have to go, be prepared to say politely " We aren't here today to discuss the merits, your Honor". But also be prepared with a settlement posture in case the judge asks.

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You need to write them a letter telling them that you served responses to their discovery on February 15. If you can tell who signed for the envelope on the UPS website, then mention that in the letter. Tell them that, having done so, any motion to compel would be frivolous and you will seek sanctions if forced to respond.

Make sure that you fax the letter to them or send it overnight so they have it in hand before the deadline they imposed.

Good luck.

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