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Getting ready for my 1st request for documents. got a question on one.


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I keep going back and forth as to whether or not to include this request to midland funding.

what say you?

20. A notarized affidavit, if presently existing or otherwise, by an employee of Plaintiff with original knowledge of the alleged debt, as it was constituted, and who can testify, be so interrogated in a deposition, or respond to admissions and interrogatories that the alleged debt was incurred legally and to the process of review of alleged “Account”. Further a copy of any internal policies and procedures outlining the methods used for verification of the alleged “Account” by aforementioned affiant and all further documents that you believe establish that defendant had an outstanding Account or debt related to the alleged “Account”; in the possession of Plaintiff and it’s subsidiaries, agents, holding companies or other entity including but not limited to Jon Doe attorney at law, exerting any control or influence over said account at any time since the alleged “Account” was created.

Edited by drummer55
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Drummer,

DG is going to send you four things only. That's it:

1 - Bill of Sale (Pool or names or manufactured excel sheet with your name etc)

2 - On Line Application/Signed Application Mailed In

3 - Multiple pages of Statements from Chase or other bank

4 - Card Holder Agreement

You will have to battle with court orders to get anything else.

Midland has been successfully winning cases in Oregon with those four items. We need to impeach those at Arbitration of trial and get them struck. That's the real focus.

In your request #20 you were asking impeaching questions giving away your strategy rather than calling for the document. Just ask for a document showing witness list who will appear, their background, and how to contact them. Your not going to get that or any more documents from them without a court order anyway. You can file objections and new document requests many times. Midland probably doesn't have more documents to provide.

In your meet and confer prior to filing a motion to compel you can ask DG specific questions on the documents you need and why they haven't produced. If the Arbitrator know's you need that essential item he will provide an order to compel.

Our strategy is to impeach the documents they do provide and motion to strike/limine/preclude and eliminate or impeach the bank business records as hearsay. Then DG will not have standing or an admissible chain of evidence supporting base stating a further claim and you can motion to dismiss with prejudice.

Do a search on Antique Dave's request for documents. He has a series with focus on requesting needed documents with a disallowing qualifier demanding if not then provide/justify this expansion. Allows very little wiggle room for denials or sidesteps.

Also with DG/Midland you define your terms and "definitions" well in the prelude to document request or you will get garbage answers and denials like "Objection Assignment not defined".

HP

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I would not ask for it...I'd wait for them to send it to you - then send some more discovery off of their affidavit...

I have an affidavit in one of my lawsuits, I am looking for discovery questions to use in regards to this affidavit made by an employee with the JDB not the OC.

any ideas along this line of questioning?

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You don't normally question a JDB about their affiant. The thing is hearsay, attack it at trial. If you start asking questions, you'll tip your hand and they will know your strategy. Also, it is not clear to whom you want to send questions. You cannot send interrogatories to non parties, such as affiants. Your only option is to depose them by written question if your rules allow for that.

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