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Rec'd Discovery and answers to Rogs. Not sure about them


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Good Morning.

I sent my discovery and rogs to Weltman, Weinberg & Reis who are suing me for Discover.

Judge ordered 30 days od discovery.

1. Does 30 days start from when judge ordered it or when they received request from me?

Couple of their answers are interesting. Hope someone can help. I thought I read somewhere that if OC oversees collector, disciplines etc., that can help in establishing that they are debt collectors. Anyway:

1. I asked for all info regarding account. They furnished saying-

Here is file on me

a- account history

b- statements sent to me

c-credit app

d- credit agreement

2. I asked for notes, phone logs, any other correspondance sent to me and their answer says refer to their answer #1.

* Does that mean their answer to #1 is complete. What about what I asked for in #2.

3. I asked for info and data from when they pulled my credit report after suit was filed .

They say to see their answer #1.

4. I asked for an affidavit (stupid move I'll admit) from them stating discovery is accurate and complete.

They objected. " Plaintiff hereby objects for Production of Documents as it does not have the document in Plaintiff's control. Further, requesting we create an affidavit and file same with Court which Defendant has no right to request.

However discovery not complete, no phone logs, no info on then requesting credit report after suit filed etc.

5- I asked for how they obtain affidait and how they get things nototized and they said it was privileged.

6- I asked when policies & procedures to avoid mistakes were put into place.

They said question vague and they work diligently to avoid mistakes

7. I asked how they are communicated to their employyes.

They said vague and unsure what I am reffering to.

8- I asked who was DB Serv. Corp

They said subsiduary serv corp of discover bank

9. I asked whos pol and procedures they use

They said DB

10- I asked if DISC Bank monitors and supervises these employees

They said yes

11- I asked if Disc Bank trains or disiplines these employees.

They said yes

12-I asked who regulates them

They said "goverened by regulatory bodies both federal;y and in state located

***I am in Michigan, are they trying to say our state laws don't apply to them????

13.I asked that if Comptroller of Currency directs me to the FDCPA for relief, doesn't that indicate the FDCPA rules ap[ply to you?

They said they object , have no basis for answer, no knowledge and no way of knowing

14. I asked if the Mich Con Prot Act applys to them

They object, says question request conclusion of law and MCPA not an issue in case.

Didn' t get answers to any of questions I asked of the affiant. Don't know if I should have even included them or should have sent them somewhere else.

15-I asked why affidavit does not pose genuine issue when it was dated 5 mos. before suit was filed (in Mich. must be 10 days)

They object, say its unclear, that its calling for conclusion of law they can't provide.

16-I asked how one would be able to harass, confuse, not follow procedures and notbe held liable under multiple laws, etc.

they said I make baseless allegations they refuse to answer.

I know I am in over my head now. My Summary Dispositin hearing is the 24th of March. Don't know what to do at this point.

Had mediation hearing two days ago where they dropped a 2 inch file from discovery. How the heck was I supposed to react and properly defend myself when they did this. I told them there was no way to confirm anything since I just got this dropped on me and can't go thru everything instantly.

I wouldn't budge, mediator had no choice but to let us go without coming to a resolution.

Can any one tell me what my next step is.

I want too file a Mot. to Strike their affidavit and one to Dismiss their Summ Disp.

Help help

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They said "goverened by regulatory bodies both federally and in state located

***I am in Michigan, are they trying to say our state laws don't apply to them????

Nope, these are federally chartered banks. They are regulated by the OCC. Same for number 14. No state banking law applies to a national bank under 12 USC 85. Some state laws apply, criminal statutes, etc, which do not apply here because they didn't kill anybody. No state has the authority to regulate a national bank in matters of "pricing." (Interest law)

2. I asked for notes, phone logs, any other correspondance sent to me and their answer says refer to their answer #1.

Waste of time, they won't have this and you'll never get it. This is a fishing expedition. You have to ask for something you know they have or are required to have. How do you know they have phone logs?

5-11, complete waste of time. All you did was give them an opportunity to tell you how straight up and competent they are.

Didn' t get answers to any of questions I asked of the affiant

You cannot question an affiant unless you subpoena them to court or do a deposition by written questions if your rules allow that. You cannot send them discovery, they are not a party to the suit.

16-I asked how one would be able to harass, confuse, not follow procedures and not be held liable under multiple laws, etc.

They are entirely correct to object. The request is improper as it calls for speculation and a legal conclusion based upon unproven allegations.

In order to defeat a MSD you have to show the court that there are material facts in dispute.

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I must hold my nose when I say this, but you got proper response (for the most part and what you did not get is irrelevant anyway).

What you did not get, they have no obligation to provide or the question was vague. You also asked for a lot of legal conclusions, those are not proper.

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find everything about standing in Mich. and oppose the SD. move to strike the affidavit and all the other fun stuff.

check your judges prior rulings in these cases and if it is adverse to you move for recusal(I believe you get 1 of these).

You are in the battle for SD now so focus on those things.

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