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stormie

JDB discovery part III (you won't believe the BS)

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I'm not a very happy camper right now, lets just say. As some of you know, I had been trying to validate a debt with Midland funding. Long story short, they responded by taking me to court. Well, I answered their complaint, (pretty much denial), and it worked as during the pretrial conference, the judge basically asked them to provide discovery with the following:


  • all the books and records related to my alleged account

  • all the statements of the account showing all payments that were allegedly made

  • proof of assignment

Well, a week past the deadline, Midland sent me a package with nothing really, and a stupid letter saying that under the law, they don't have to comply to this. They also provided a bill of sale that doesn't have neither my name or account number on it.

So I answered their discovery with a motion to preclude the bill of sale on grounds that it doesn't have neither my name nor account number.

So today is the pretrial, and some court assistant to the judge (not the judge) - didn't want to acknowledge the fact that Midland failed to produce discovery because she claims that although Midland didn't provide discovery, the court didn't say what would happen if they didn't provide discovery. Have any of you ever heard of such a thing??

So now, Midland has taken the stance that they want to fight my motion to the bill of sale. They have until June 20 to do this. Midland said they weren't prepared today, and that they needed more time. I objected and said Midland had since 2011, and that they have no reason to file a lawsuit if they didn't already have this information.

Instead of listening to me, the daffy assistant to the court set up another due date in which Midland is supposed to answer my motion, *and* another trial date for July. :evil:

Questions, comments, advice are strongly encouraged! xThudx

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Have any of you ever heard of such a thing??

Yes- you're in charge of your own case - managing deadlines and such...meaning you have to be on the ball regarding discovery. File a motion to compel with sanctions. That will get their attention pretty fast.

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Yes- you're in charge of your own case - managing deadlines and such...meaning you have to be on the ball regarding discovery. File a motion to compel with sanctions. That will get their attention pretty fast.

thanks for answering. Should I file it even though the court has extended for Midland to answer my motion to strike the Bill of Sale? Can I file another motion simultaneously (to reactivate the discovery the court filed on my behalf?) :confused:

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