Did I find a smoking gun or close to it?

[backinthe50's]

Was just reading post about "can affirmative defenses sink your case" and thought "man, I did the same thing-replied with too many affirmative defenses." So, I went to my paperwork to see again what I wrote and how they replied and the #1 statement on the Request for Admissions is-You or your authorized representative applied to CHASE BANK USA, N.A. HERITAGE BANK ONE for A CREDIT CARD. Now these guys (Midland Funding) attached 12 statements (Facsimile-Not an original) to my Summons and the oldest statement is from Countrywide, so shouldn't they be saying I applied for a card from Countrywide? I really don't ever recall having a credit card from Countrywide. If Chase got the account from Countrywide (still don't think I had a card with them) I wouldn't have reapplied for the card now would I? The statements are 12 consequtive-4 months being with Countrywide then it turns into Chase Bank for 5 months and then into Slate (for Chase) for the last 3. The statements are also sent to an address I did not reside at. I owned it but it was a rental-no mail but the mortgage went there. My mortgage was with Countrywide then B of A. for that property.

If this is a mistake on their part in the statements-how do I proceed? I have 9 days left to answer RtoP-RforA and Interrogatorries.

[Coltfan1972]

It's not the smoking gun, but it is the run of the mill accounts Midland will have. They might have gone through five different hands by the time they get around to the account and suing you.

This is where you destroy them in discovery. Make them show how they came into possession of the account. Notice I did not say in possession of your account, but "the" account.

[legaleagle]

Post them, we can't help you answer if we don't see the requests. Type them here and we'll help.