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ok, got a summons from midland, but a bit different then what i have seen.


sumwhere
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post 35 has my interrogatories, admissions and document answers

ok.. first on the summons it says i am required to serve upon the plaintiffs atty a copy of an answer within 28 days of the summons, and filed with the court within 3 days of the atty. Got it, so I respond to the atty directly and a copy to the courts?

the complaint is

1) the plaintiff is the owner of the within ccc account thru purchase. see attached exh A

2) by use of this account, the def became bound by the terms in the agreement. a copy of the STATEMENT is attached as exh B.

3) the def defaulted under the terms of the agreement

4) the amt now due is xxxx.xx

5) although demand has been made upon the def to liquidate the balance due and owing, the def failed to do so.

wherefore, the plaint prays for judgment against the def for the bal due of xxxx.xx together with accrued interest of 0.00 thru the date of judgment plus interest thereafter on the balance due at the rate of 4% per annum and costs.

exh a:

(on chase letterhead)

Bill of sale

closing date zz,yy,2010

chase bank usa na (seller) for value received and pursuant to the terms and cond of the CC account purchase agreement dated 4/12/10 between chase bank and midland funding, llc (purchaser) its successors and assigns (CC acc purchase agreement) hereby assigns effective as of the file creation date of 8/19/10 all rights title and interest of seller in and to those certain receivables , judgments or evidences of debt described in the final data file entitled (account's primary file name) attached hereto and made part hereof for all purposes.

Redacted

Amounts due to seller by purchaser in hereunder shall be paid US Dollars by a wire transfer to be received by seller on (the closing date) 8/24/10 by 2pm seller's time as follows

Redacted

This BOS is executed without recourse except as stated in the CC account purchase agreement to which this is an exhibit. No other representation of title or enforceability is expressed or implied.

With respect to account information for the accounts listed in the final data file, seller represents and warrants to purchaser that (i) the account info in complete and accurate (ii) the account infor constitutes seller's own business records and accurately reflects in all material respects the information in seller's database (iii) the account info was kept in the regular course of business (iv) the account info was made at or near the time by, or from info transmitted by, a person with knowledge of the data entered into and maintained in the seller's database and (v) it is the regular practice of seller's business to maintain and compile such data.

Signed by chase bank usa

title :team leader

and midland funding preisdent

and stamped approved by legal.

then there is a copy of a statement with the last 4 digits shown (others blacked out)

So, the question is, what is my next step? This seems a bit different then some I have seen listed here before. I am in Ohio.

Thank you.

Edited by sumwhere
changed title
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What is the part(s) that are different. They served you with the run of the mill you got a card, used it, we demand payment, you did not pay.

Then they include the usual hearsay about how they own the account. What because a Chase Bank "team leader" signed it. I'd respond your the team leader of your own records and you, being the "team leader" checked with your team and your "team" owes their "team" nothing.

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You will most likely receive discovery, which is them asking you to answer questions, admit or deny certain facts, and produce documents, all of which is designed to trick you into providing information they should have themselves but do not. You can also serve them with discovery.

Post anything you get here and don't answer until we teach you how by providing examples. I'm going to give you a suggestion as to how to respond to the complaint in another post. When you do submit it, one goes to the court and one goes to opposing counsel. At the bottom you "certify" to the court that you have sent copies to all parties to the action. That's what we do here, I assume the procedure is the same there. Start reading the rules of civil procedure for your state. There are some very informed people here from Ohio, watch the forum.

http://supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Edited by legaleagle
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Sometimes they do sometimes not. Your lawsuit is as run of the mill there is, based on what you posted.

You need to file your answer to the lawsuit per the rules of procedure. That means you need to deny each allegation or you might be able to do a general denial where you just say it is all denied.

I'd also do some research on including any affirmative defenses. I would include none but there are arguments for including. That will be your call.

You send that to the other side and then file it with the court. Then start hammering, per the rules of the court, with discovery.

In other words, they invited you to this party, time to show them a good time. :twisted:

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the complaint is

1) the plaintiff is the owner of the within ccc account thru purchase. see attached exh A

Paragraph one contains no allegation, therefore defendant does not respond.

2) by use of this account, the def became bound by the terms in the agreement. a copy of the STATEMENT is attached as exh B.

Defendant denies the allegation in paragraph 2.

3) the def defaulted under the terms of the agreement

Defendant denies the allegation in paragraph 3.

4) the amt now due is xxxx.xx

Defendant denies the allegation in paragraph 4.

5) although demand has been made upon the def to liquidate the balance due and owing, the def failed to do so.

Defendant denies the allegation in paragraph 5.

wherefore, the plaint prays for judgment against the def for the bal due of xxxx.xx together with accrued interest of 0.00 thru the date of judgment plus interest thereafter on the balance due at the rate of 4% per annum and costs.

exh a:

(on chase letterhead)

Bill of sale

closing date zz,yy,2010

chase bank usa na (seller) for value received and pursuant to the terms and cond of the CC account purchase agreement dated 4/12/10 between chase bank and midland funding, llc (purchaser) its successors and assigns (CC acc purchase agreement) hereby assigns effective as of the file creation date of 8/19/10 all rights title and interest of seller in and to those certain receivables , judgments or evidences of debt described in the final data file entitled (account's primary file name) attached hereto and made part hereof for all purposes.

Redacted

Amounts due to seller by purchaser in hereunder shall be paid US Dollars by a wire transfer to be received by seller on (the closing date) 8/24/10 by 2pm seller's time as follows

Redacted

This BOS is executed without recourse except as stated in the CC account purchase agreement to which this is an exhibit. No other representation of title or enforceability is expressed or implied.

With respect to account information for the accounts listed in the final data file, seller represents and warrants to purchaser that (i) the account info in complete and accurate (ii) the account infor constitutes seller's own business records and accurately reflects in all material respects the information in seller's database (iii) the account info was kept in the regular course of business (iv) the account info was made at or near the time by, or from info transmitted by, a person with knowledge of the data entered into and maintained in the seller's database and (v) it is the regular practice of seller's business to maintain and compile such data.

Signed by chase bank usa

title :team leader

and midland funding preisdent

and stamped approved by legal.

This is all you really need to get the ball rolling. The less you give away the better at this point. Your next move will be to request documents from them.

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It sounds to me like the Bill of Sale is for a group of accounts to Midland, nothing specific to your account. Is this true?

If it is, the bill of sale is worthless. I'd file a motion to strike it.

Funny how they always make reference to that mysterious "Attachment A." I've never seen Attachment A.

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It sounds to me like the Bill of Sale is for a group of accounts to Midland, nothing specific to your account. Is this true?

If it is, the bill of sale is worthless. I'd file a motion to strike it.

I would assume that's what it's for I typed it pretty much exactly as is came, with the 'redacted' and all in it. I'm sure it was some list of accounts as a file.

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And just for total disclosure the copy of the statement they sent is a copy of a statement from early 2010 with my info on it stating that the account was about to be written off as bad debt shortly and my credit could be affected. So it is a copy of one of my credit card statements. Again, dont know if that changes anything, but wanted to make sure all the stuff I have I list. Trying not to get into one of those "well why didnt you tell us you had that also!!!, nothing we can do for you now" things.

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And just for total disclosure the copy of the statement they sent is a copy of a statement from early 2010 with my info on it stating that the account was about to be written off as bad debt shortly and my credit could be affected. So it is a copy of one of my credit card statements. Again, dont know if that changes anything, but wanted to make sure all the stuff I have I list. Trying not to get into one of those "well why didnt you tell us you had that also!!!, nothing we can do for you now" things.

You stated you included everything they sent, but I'm going to ask this anyway. :) Did they include an affidavit from a Midland employee stating everything they're claims are true, information and belief, etc.? If not, they didn't even attempt to authenticate that cc statement.

We'll see what happens in discovery.

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You stated you included everything they sent, but I'm going to ask this anyway. :) Did they include an affidavit from a Midland employee stating everything they're claims are true, information and belief, etc.? If not, they didn't even attempt to authenticate that cc statement.

We'll see what happens in discovery.

Not that I saw. The cover letter from the court itself, the complaint, the "bill of sale" and a copy of a monthly statement.

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Not that I saw. The cover letter from the court itself, the complaint, the "bill of sale" and a copy of a monthly statement.

Like I stated, let's see what happens in discovery. Any business records they submit must be autheticated. Read your court's Rules of Evidence regarding hearsay (availability of the declarant immaterial).

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  • 3 weeks later...

using legaleagle's ideas, in my answer (yes I need to do this in the next few days, I know I shouldn't push it to the limit in case of issues)

For the answer, do I need to type out the complaint then my answer, or do I just put my answer as

"Paragraph one contains no allegation, therefore defendant does not respond."

and do I need to reattach their 'exhibits' or since they are already filed with the court, that's all that's needed?

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The rules of civil procedure should tell you the form for pleadings, usually you take the complaint and insert your answers under each paragraph. To avoid a lot of typing, contact opposing counsel and ask them to exchange documents in word or pdf form. They will probably accommodate you to save themselves work as they have to follow the same procedure. A secretary will do this for you.

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One last question,

After I answer all the paragraphs, do I need to do anything else? I've seen on certain 'answer templates' something like

WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and for such further relief to which Defendant may be entitled.

Or do I just deny all the allegations as shown above, and end it there?

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answer filed, and copy sent to plaintiff.. :)

There was a point where I was going to just say screw it, and look into bankruptcy, but I thought I would see what comes of it. I was shocked.. Well, reading the stories here I shouldnt have been, at the amount of envelopes from these JDB there. You could just see them stacked up waiting to be opened and I'm guessing filed / entered into records..

So I shall now see what comes next. I denied, so I'm assuming I'll get discovery next. I will let you all know when I get anything else.

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Just make the denial and a very brief reason for the denial as I showed you. It isn't always required, but not a bad idea. It puts them on notice that you have some knowledge, which may discourage them. Don't ask for a dismissal, it is way too early for anything like that, it will be denied at this early stage unless the venue is improper or they made some major error.

This is Chase, you have a 3 year statute of limitations according to their choice of Delaware law. When was the last date you made payment? Very important.

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