ASTMedic

Summons from Midland Funding, where to start.

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Take another look at the complaint. Plaintiffs rarely allege only one cause of action. See if you can do a BOP.

Just so I'm clear. You talking about the bold print on the right side of the front page of the complaint? Cus I only see account stated listed. There are other things listed later under cause of action but just the one under the complaint.

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Just so I'm clear. You talking about the bold print on the right side of the front page of the complaint? Cus I only see account stated listed. There are other things listed later under cause of action but just the one under the complaint.

10 to 1 says it is breach of contract, open book account, and account stated

and if you are in orange county they have 90 day to trial limit they use a modified trial reduction order.

so the 60 days may be for trial I would check with the court clerk.

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So when I get home I'm going to try and post my doc from them so people can take a look.

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10 to 1 says it is breach of contract, open book account, and account stated

and if you are in orange county they have 90 day to trial limit they use a modified trial reduction order.

so the 60 days may be for trial I would check with the court clerk.

NorCal. Up north of Sac. The clerk I filed my paperwork with told me she was giving me a court date of 60days out.:?:

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These usually cover everything you'll need, just make sure you don't have a limit as to how many you can send.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

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So the Request for Doc should be delivered to Midland's lawyer today. Now we wait and see what they send (or dont send) back. What should I be working on now?? I think I need to see their response first.

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If this is truly based only on an accounted stated this is one of those times where a carefully crafted sworn denial should be submitted by you. I'll let the other chime in on this thought.

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I'm thinking once I get through some discovery I'll have a good idea of how to take their case apart. I'm expecting the standard docs back from them for my request. So I'm kinda planning to deal with the affidavit and lack of ability to prove they really own the acct. I'm sure they're going to drag out their response to the doc request till the last moment too.

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If this is truly based only on an accounted stated this is one of those times where a carefully crafted sworn denial should be submitted by you. I'll let the other chime in on this thought.

Could you expand on this a little. I'm always investigating my options.

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So April 6th is the deadline for response to my Request for Doc and I have my CMC a month later. What kind of things could I be getting ready between now and then? From my reading on here and in a few books that were recommended in posts I've seen, I'm basically waiting for what (if anything) they respond to my Request for Doc with. Then I can start tayloring my case as needed. Am I right? I'd like to be preping myself now for a possible fight if it comes to that.

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xboxingxSo I got a packet from Midland with a Production of Docs, Request for admission and Special Interrog. Also still no response to my PoD I sent 2 weeks ago and has been delivered as I received CMRRR.

The "Notice of new ownership" letter that's linked was sent to a very old address. Should I make any comment to that affect? (my gut says no) Also there is a generic MCM statement included. Those are the only included "evidence".

So I'm looking for input as to how to respond to the docs and the admissions. I have no docs to give them so that is a moot point. How do I answer these? Help!!!!:confused:

Doc request

1. Any and all DOCUMENTS that REFER or RELATE to credit cards issued to You by CHASE BANK USA, N.A..

2. Any and all DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK USA, N.A. from September 15, 2004 to 11/30/2009 for account number :XXXXXXXXXX

3. Any and all DOCUMENTS that REFER or RELATE to transactions initiated by You on a credit card assigned by CHASE BANK USA, N.A. bearing account number from September 15, 2004 to 11/30/2009.

4. Any and all DOCUMENTS that REFER or RELATE to payments made by You to CHASE BANIK USA, N.A. that were to be applied to the outstanding balance on a CHASE BANK USA, N.A. credit card.

5. Any and all DOCUMENTS that REFER or RELATE to correspondence sent by You to CHASE BANK USA, N.A. from September 15, 2004 to 11/30/2009.

6. Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from CHASE BANK USA, N.A. that referenced credit card.

7. Any and all DOCUMENTS that REFER or RELATE to telephone calls made by You to Midland Credit Management, Inc.

8. Any and all DOCUMENTS that REFER or RELATE to telephone calls received by You from Midland Credit Management, Inc.

9. Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from Midland Credit Management, Inc.

REQUESTS FOR ADMISSION

REQUEST FOR ADMISSION NO. 1: Admit that you applied for the ACCOUNT.

REQUEST FOR ADMISSION NO. 2: Admit that you used the ACCOUNT.

REQUEST FOR ADMISSION NO. 3: Admit that you received monthly billing statements from CHASE BANK USA, N.A. or it’s predecessor in interest that related to the transactions made.

REQUEST FUR ADMISSION NO. 4: Admit that you made payments on the ACCOUNT.

REQUEST FOR ADMISSION NO. 5: Admit that you owed $4,XXX: on the ACCOUNT at the time the complaint in this action was filed.

REQUEST FOR ADMISSION NO. 6: Admit you have not repaid the $4,XXX due on the ACCOUNT.

REQUEST FOR ADMISSION NO. 7: Admit that the date of your last payment on the ACCOUNT was May 03, 2009.

REQUEST FOR ADMISSION NO. 8: Admit that you received the
from Plaintiff, Midland Funding LLC.

REQUEST FOR ADMISSION NO. 9: Admit that you did not dispute the accuracy of the
letter attached hereto as “Exhibit A” that you received from Plaintiff Midland Funding LLC.

REQUEST FOR ADMISSION NO. 10:

Admit that you did not dispute the ownership of the account by Plaintiff Midland Funding LLC.

REQUEST FOR ADMISSION NO. 11:

Admit the Notice of
attached hereto as “Exhibit A” is a 5 true and correct copy of the letter you received from Plaintiff Midland Funding LLC.

REQUEST FOR ADMISSION NO. 12: Admit that you owe Plaintiff Midland Funding LLC $4,XXX Dated: March 16, 2012 MIDLAND FUNDING LLC By: David B. Snyder Stelios A. Harris Attorneys for Plaintiff, MIDLAND FUNDING LLC

SPECIAL INTERROGATORIES

SPECIAL INTERROGATORY NO. 1: State each name by which you have been known in the last six years.

SPECIAL INTERROGATORY NO. 2: State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

SPECIAL INTERROGATORY NO. 3: State the name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.

SPECIAL INTERROGATORY NO. 4: Did you ever report to CHASE BANK USA, N.A. that there was an inaccuracy in any billing statement you received from the CHASE BANK USA, N.A.?

SPECIAL INTERROGATORY NO. 5: Did you ever report in Writing to CHASE BANK USA, N.A. that the ACCOUNT was opened as a result of fraudulent activity?

SPECIAL INTERROGATORY NO. 6: State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action.

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These are easy. As for the document requests, I would answer this way:

Requests 1-9. Defendant has no such documents in his / her possession at this time. Defendant reserves the right to amend his / her responses per the rules of civil procedure if such documents become available.

----------------------------------------------------------------------

REQUEST FOR ADMISSION NO. 1: Admit that you applied for the ACCOUNT.

DENIED to the extent that no application was attached hereto for evaluation.

REQUEST FOR ADMISSION NO. 2: Admit that you used the ACCOUNT.

DENIED to the extent that no admissible evidence establishing use of the unproven account was appeneded hereto for evaluation.

REQUEST FOR ADMISSION NO. 3: Admit that you received monthly billing statements from CHASE BANK USA, N.A. or it’s predecessor in interest that related to the transactions made.

DENIED to the extent that no evidence establishing Chase bank's "predecessor" was appended hereto, nor was such a predecessor identified in the complaint.

REQUEST FOR ADMISSION NO. 4: Admit that you made payments on the ACCOUNT.

DENIED to the extent that the "account" is unidentified and undefined.

REQUEST FOR ADMISSION NO. 5: Admit that you owed $4,XXX: on the ACCOUNT at the time the complaint in this action was filed.

DENIED.

REQUEST FOR ADMISSION NO. 6: Admit you have not repaid the $4,XXX due on the ACCOUNT.

Admitted in part to the extent that no liability for any such payment has been establsihed, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidenc establishing ownership or liability.

REQUEST FOR ADMISSION NO. 7: Admit that the date of your last payment on the ACCOUNT was May 03, 2009.

OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response.

REQUEST FOR ADMISSION NO. 8: Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff, Midland Funding LLC.

DENIED

REQUEST FOR ADMISSION NO. 9: Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto as “Exhibit A” that you received from Plaintiff Midland Funding LLC.

ADMITTED in part to the extent that documents which have not been provably received need no objection thereto.

REQUEST FOR ADMISSION NO. 10:

Admit that you did not dispute the ownership of the account by Plaintiff Midland Funding LLC.

OBJECTION Argumentative and lacking in foundation. Defendant will challenge ownership at trial.

REQUEST FOR ADMISSION NO. 11:

Admit the Notice of New Ownership and Pre-Legal Review attached hereto as “Exhibit A” is a 5 true and correct copy of the letter you received from Plaintiff Midland Funding LLC.

OBJECTION Argumentative and lacking in foundation. No proof of receipt of the alleged document has been introduced. Additionally, defendant cannot and is not required to verify the veracity of the plaintiff's proof.

REQUEST FOR ADMISSION NO. 12: Admit that you owe Plaintiff Midland Funding LLC $4,XXX Dated: March 16, 2012 MIDLAND FUNDING LLC By: David B. Snyder Stelios A. Harris Attorneys for Plaintiff, MIDLAND FUNDING LLC

DENIED Defendant owes Midland nothing.

--------------------------------------------------------------------

SPECIAL INTERROGATORY NO. 1: State each name by which you have been known in the last six years.

Okay to do

SPECIAL INTERROGATORY NO. 2: State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

Okay to do

SPECIAL INTERROGATORY NO. 3: State the name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.

OBJECTION The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a countersuit if attempted.

SPECIAL INTERROGATORY NO. 4: Did you ever report to CHASE BANK USA, N.A. that there was an inaccuracy in any billing statement you received from the CHASE BANK USA, N.A.?

OBJECTION Argumentative and lacking in foundation. Specifically that any such billing statements were received.

SPECIAL INTERROGATORY NO. 5: Did you ever report in Writing to CHASE BANK USA, N.A. that the ACCOUNT was opened as a result of fraudulent activity?

OBJECTION Argumentative, lacking in foundation, and compounded.

SPECIAL INTERROGATORY NO. 6: State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action.

OBJECTION Calls for legal impressions of counsel, and attorney client work product. Defendant's "facts" will be adequately detailed in the answer to the plaintiff's baseless complaint. Defendant is not required to refute the plaintiff's claims, the plaintiff is required to prove them.

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I have to respectfully disagree with some of the responses.

REQUEST FOR ADMISSION NO. 4: Admit that you made payments on the ACCOUNT.

DENIED to the extent that the "account" is unidentified and undefined.

If the account number was provided in the Complaint, the account has been identified. Such a response could be considered evasive.

REQUEST FOR ADMISSION NO. 6: Admit you have not repaid the $4,XXX due on the ACCOUNT.

Admitted in part to the extent that no liability for any such payment has been establsihed, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidenc establishing ownership or liability.

Since Midland has provided no documentation, I might include that Plaintiff has provided no evidence proving the existence of the alleged account.

REQUEST FOR ADMISSION NO. 7: Admit that the date of your last payment on the ACCOUNT was May 03, 2009.

OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response

I'd add "therefore, Defendant denies."

When it comes to admissions, you have to read the court rules about admitting, denying, and objections.

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If the account number was provided in the Complaint, the account has been identified. Such a response could be considered evasive.

I went back and looked, apparently it was. I would then say maybe answer this way:

Payments to the original creditor (the account) are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Midland Funding now owns said account and is entitled to collect, a fact which is yet unproven.

Since Midland has provided no documentation, I might include that Plaintiff has provided no evidence proving the existence of the alleged account.

I think I covered that here, although there is a typo:

Plaintiff has produced no admissible evidenc establishing ownership or liability.

I'd add "therefore, Defendant denies."

I don't think you can combine a denial with an objection. They gave him absolutely no information on which to make a response, they just threw this out there, probably a fake date so they can stay within the SOL. I'm not much for CA law, but I think the rules are pretty much universal when it comes to this sort of thing.

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Don't get me wrong. I'm not trying to cause problems. It's just that admissions make me nervous. Answer it the wrong way, and it's deemed admitted.

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Don't get me wrong. I'm not trying to cause problems. It's just that admissions make me nervous. Answer it the wrong way, and it's deemed admitted.

Me too.

If you have a "bare bones" complaint that does not attach a contract or describe the account sufficiently to recognize it and the plaintiff has not responded to your BOP, you have been handed a gift. Consider this response:

Defendant objects to this RFA on the ground that the word "Account" is vague and ambiguous in the context of this litigation. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet responded to defendant's discovery seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED.

You can modify these for Rogs and document demands. Check out the following post: http://www.creditinfocenter.com/forums/there-lawyer-house/307271-help-answering-discovery-stay-home-mom-sued-cach-llc-california-2.html

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To clear thing up, yes they identified that they have the acct number but that's it so far. No signed docs, contracts or anything to that extent. I knew that this was going to be basic "you haven't show me anything binding so thanks but no thanks" kind of answers but this is just what I needed to hear from everyone.

Also I have all the paperwork up on google docs if anyone wants to see the full set of paperwork. I'll post it later when I'm not on my phone

Edited by ASTMedic

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Hi just putting in my 2 cents worth from what i have been going thru with Midland...

They file lawsuit against you....they hope you default because they do NOT have the documents they need to prove ownership in other words they have no standing

You answer and ask for discovery

Its on....they send you discovery, of course you deny everything 8-)

Then you hit them for everything they have, they send you a bunch of crap that wont stand up in court

then you have pretrial (mine was on phone, attorney very young and totally unprepared) magistrate tells us we have so many days to file for MSJ and then trial is on such and such a date......so what I did, was file for MSJ BEFORE they got a chance to do it, I got them on standing.....they opposed, I replied to their opposition...had a lot of good help here on what to say

This is where my case is right now, just waiting to hear if they want to continue to fight their losing battle or if the magistrate rules in my favor on the msj.....if they continue to fight so do I....its not over till the fat lady sings right?

Hang in there, you arent alone.....

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Thanks, it's nice to hear about the others going through the fight. My sister in law has them looking for her now so we may have another fight on our hands soon.

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Shoot, I was just reading the post that you linked to calawyer. Should I have sent my RFA and Introgs to them with my POD??? I was waiting to see their "evidence" first before I started asking questions. (I think I just got all they had with the RFA they sent) Did I mess up?

Also could someone point me towards examples for RFA and ROGS. Thanks

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So responses to all the above were sent off last week. We're past 30 days for them to respond to my discovery. Since it was mailed I'm figuring they get 35 days. Is this 35 business days? I'm going to start getting my M&C letter ready, anything I should keep in mind in regards to it? Anything else I should be doing or preping at this point?

Also I have my CMC coming up in just under a month. The only "evidence" I've been given is their initial BS letter of change of ownership and an inhouse "receipt" or whatever you want to call it. No afadivt or copies of anything yet. I'm ready to start puttin the screws to these guys while not pissing off the courts (Coltfan any ideas??). Any tips?

Edited by ASTMedic

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Opinions vary, but I always tell people not to compel discovery unless the information sought will help you win, not lose. If you really want to see all these statements, etc., you could go to the OC, pay the fees, and get these docs yourself, if they even exist, which is doubtful. Then you could mail them all to the JDB, who would happily use them to beat you in court. Would you do this? No? Then why hound them to produce that same evidence? Strategy wins cases. Think like the enemy and do the opposite of what he wants.

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