Midland / LRLO "Next Step" Question

[ryno]

First, thanks to everyone for the fantastic information on this site. It has helped get me this far. I believe I have the upper hand at the moment but need help on the next step.

After I answered Midland's lawsuit, I requested BOP. They sent a letter stating that BOP was not appropriate on account stated but I responded with a Meet and Confer since this suit is breach of contract and account stated. No answer on that.

I did receive Interrogatories (Request for Admissions and Documents) and a Settlement Offer which leads me to believe they have nothing! They submitted a Request for Entry of Default to the court which was REJECTED.

Am I right in thinking I have a pretty good shot here? So far so good at least?

I assume I need to answer Interrogatories this week to stay within 30 days. I believe I might have found enough info here to get that done but wanted to know if I do anything else right now considering they have NOT produced any BOP documents. They must have nothing right?

What are the next steps?

[1stStep]

Answer the interrogatories and also draft a motion to compel/preclude for the lack of a BOP response...file it and get it on calendar for a hearing.

[Coltfan1972]

Generally speaking, Midland has no admissible evidence. They are the masters of authenticating their own documents with affidavits by persons with fancy sounding titles.

I have to give them credit. They do dress up their hearsay and inadmissible evidence (if properly challenged) with some very creative and legally sounding documents and legal jargon.

Of course the board favorite is when their attorney, I believe in an Oklahoma case, argued in their pleadings that proving their standing was infeasible because they bought in such bulk. So when reading through threads if you see posters making reference to something being infeasible, we are making fun of Midland.

[legaleagle]

Post the rogs and the answers before you send them, just to be on the safe side. These must be answered in a certain manner.

[kittymamma]

Of course the board favorite is when their attorney, I believe in an Oklahoma case, argued in their pleadings that proving their standing was infeasible because they bought in such bulk. So when reading through threads if you see posters making reference to something being infeasible, we are making fun of Midland.

Hey Colt, that would be MY famous case dear, I am in OHIO:)++

Still no word from my lil attorney, I think she moved to Iraq or somewhere, anywhere where I am NOT:shock:

[kittymamma]

ryno, answer all their discovery, of course this is not your account, so you deny everything...let our experts here help you with that

Then you will most likely have a pretrial, mine was by phone.....they will want to file a motion for summary judgment against you even tho they have provided you with garbage....so what I did was immediately filed MSJ against them, made them work a little harder just to LOSE....good luck, hang in there, they can be beat, and fairly easily at that:lol:

[ryno]

Thank you, thank you! Exactly what I need to know. I will post rogs and answers very soon for review.

[Coltfan1972]

Hey Colt, that would be MY famous case dear, I am in OHIO:)++

Very sorry, you are correct, I was referring to your case. Midland has such wide spread b.s. throughout the country it's hard to keep track of all their ridicilous pleadings.

It's just not feasible for me to know everything off the top of my head about Midland. Their stupidity is just too wide spread.