jwsjohn01

Need Midland Advice in Missouri

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Received a summons from Gamache&Meyers yesterday. Being sued by Midland for a Chase CC account. The petition is identical to many that I have seen posted and discussed on the forums (3) counts, Suit on Contract, Money Had and Received and Account Stated. The filing includes Midland's standard affidavit from an employee, and a statement created by Midland showing when the account was allegedly purchased.

I have been doing a lot of reading on the site, and I have learned a lot. I am ready to start building my defense and wanted to seek advice on a few points.

1. Missouri does not require a written answer, only an appearance. Should I file an answer (with counterclaims) or anything else prior to the appearance date? Discovery of Docs? Sworn Denial?

2. I read a post that suggested filing a Motion for Summary Judgement as an answer to compel the Plaintiff to prove their case. What do you think?

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I just won a case in Missouri against Midland Funding that was represented by Gamache & Myers. When I asked for discovery, they sent a copy of a contract showing they purchased debts from the OC, but the contract had no names or account numbers on it. After receiving some advice from here, I immediately filed a request for admissions, asking them to admit or deny the following:

1. Admit that Plaintiff is unable to provide Defendant with a copy of any contract signed by Defendant.

2. Admit that Plaintiff did not enter into any contract with Defendant.

3. Admit that the document Plaintiff submitted, titled “Bill of Sale”, refers to accounts that have no guarantees or warranties that any of the information regarding the account(s) is accurate or complete.

4. Admit that Plaintiff is unable to provide Defendant with copies of bills of sale containing information to establish its ownership of the particular alleged account.

5. Admit that Plaintiff is unable to provide a true copy of any assignment, referencing the alleged debt, between the Original Creditor. and the Plaintiff.

6. Admit that Plaintiff is not a proper party to this action.

7. Admit the Defendant is unable to provide a copy of the alleged cardholder agreement.

8. Admit that Plaintiff is unable to provide a complete accounting for the amount claimed as the alleged debt.

9. Admit that there were no prior transactions between Plaintiff and Defendant.

10. Admit that Plaintiff did not provide any goods or services to Defendant.

11. Admit that MIDLAND FUNDING, LLC is not the alleged Original Creditor.

12. Admit that no employee, agent, or representative of Plaintiff is a custodian of records for the Original Creditor on the account at issue.

13. Admit that no employee, agent, or representative of Plaintiff has personal knowledge of Original Creditor's record keeping of any records pertaining to Defendant.

14. Admit that as of the date Plaintiff filed Complaint, no admissible evidence existed that proves Defendant owes any debt to the Plaintiff or the alleged Original Creditor.

15. Admit that Plaintiff is unable to provide original documents, true copies, or authenticated records of application for credit the alleged Original Creditor relied on, or a copy of any promissory note, or other document indicating Defendant agreed to be bound by any credit agreement.

16. Admit that there is no written agreement between the Defendant and Plaintiff regarding this alleged debt.

17. Admit Plaintiff does not have any account application signed by Defendant.

18. Admit that Plaintiff and Defendant have never signed a contract, or exchanged consideration, monetary or otherwise, creating an agreement between both parties.

19. Admit that Plaintiff is unable to provide admissible evidence to support the Suit on Contract, Money Had and Received, and Account Stated claims as stated in Plaintiff’s Petition.

In Missouri, they are required to respond within 30 days, but they didn't. I then filed an intent to file a motion to have the admissions deemed as admitted. They folded; I never had to actually file the motion. They dismissed w/out prejudice.

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I just won a case in Missouri against Midland Funding that was represented by Gamache & Myers. When I asked for discovery, they sent a copy of a contract showing they purchased debts from the OC, but the contract had no names or account numbers on it. After receiving some advice from here, I immediately filed a request for admissions, asking them to admit or deny the following:

1. Admit that Plaintiff is unable to provide Defendant with a copy of any contract signed by Defendant.

2. Admit that Plaintiff did not enter into any contract with Defendant.

3. Admit that the document Plaintiff submitted, titled “Bill of Sale”, refers to accounts that have no guarantees or warranties that any of the information regarding the account(s) is accurate or complete.

4. Admit that Plaintiff is unable to provide Defendant with copies of bills of sale containing information to establish its ownership of the particular alleged account.

5. Admit that Plaintiff is unable to provide a true copy of any assignment, referencing the alleged debt, between the Original Creditor. and the Plaintiff.

6. Admit that Plaintiff is not a proper party to this action.

7. Admit the Defendant is unable to provide a copy of the alleged cardholder agreement.

8. Admit that Plaintiff is unable to provide a complete accounting for the amount claimed as the alleged debt.

9. Admit that there were no prior transactions between Plaintiff and Defendant.

10. Admit that Plaintiff did not provide any goods or services to Defendant.

11. Admit that MIDLAND FUNDING, LLC is not the alleged Original Creditor.

12. Admit that no employee, agent, or representative of Plaintiff is a custodian of records for the Original Creditor on the account at issue.

13. Admit that no employee, agent, or representative of Plaintiff has personal knowledge of Original Creditor's record keeping of any records pertaining to Defendant.

14. Admit that as of the date Plaintiff filed Complaint, no admissible evidence existed that proves Defendant owes any debt to the Plaintiff or the alleged Original Creditor.

15. Admit that Plaintiff is unable to provide original documents, true copies, or authenticated records of application for credit the alleged Original Creditor relied on, or a copy of any promissory note, or other document indicating Defendant agreed to be bound by any credit agreement.

16. Admit that there is no written agreement between the Defendant and Plaintiff regarding this alleged debt.

17. Admit Plaintiff does not have any account application signed by Defendant.

18. Admit that Plaintiff and Defendant have never signed a contract, or exchanged consideration, monetary or otherwise, creating an agreement between both parties.

19. Admit that Plaintiff is unable to provide admissible evidence to support the Suit on Contract, Money Had and Received, and Account Stated claims as stated in Plaintiff’s Petition.

In Missouri, they are required to respond within 30 days, but they didn't. I then filed an intent to file a motion to have the admissions deemed as admitted. They folded; I never had to actually file the motion. They dismissed w/out prejudice.

Beautiful ::BigGun::

And if they would have denied any of that stuff then I assume you were going to hit them with request for production of documents demanding they disclose those documents which they based their denial? Which of course they would not have.

I've got some other admissions if they provide an affidavit but they go pretty much in line with above in showing that whoever signed the affidavit has no first hand knowledge and is basically swearing to what their computer screen says.

I would not file a motion for summary judgement this soon. Yes, it can make them cough up some evidence but defeating summary judgement only requires showing there are material facts in dispute and there is a need for a trial. In defeating a motion for summary judgement one does not have to prove they are right, the other side is wrong, or which side would win at trial. They only have to show a need for a trial.

As much as Midland is full of crap, at this time, other than your own denials (which you can't use alone to win summary judgement) you don't have enough ammo for summary judgement.

Look at the above admissions. If Midland would have actually answered and admitted all that stuff, then summary judgement would have been slam dunk. You attach those admissions to the motion and it's over. However, in their usual cowardly fashion, Midland just quit instead of getting their rear handed to them via summary judgement or at trial.

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Thanks cyndi and coltfan!! Before I posted, I searched and read your recent experiences in dealing with these companies. I'm anxious to attack their case, but I don't want to be overanxious and do something foolish.

Is there anything that I should do or file, other than read and research, prior to the court date?

Did you file a written answer prior to your court date?

Should I expect any motions or communications from the Plaintiff between now and the court date (approx. 60 days)?

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I'm not in MO so don't know about the filing of the answer if you already have a court date, but I'd dang sure make sure I did not have to before I did not file one.

Also whenever you can start discovery, get going on it. Generally speaking you can start right after being served. Those admissions above are part of discovery.

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1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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Gamache & Myers, PC

1000 Camera Avenue, Suite A

St. Louis, Missouri, 63126

davidgamache@gmcollects.com

www.gmcollects.com

--------------------------------------------------------------------------------

Phone No. 314-835-6600

Fax 314-835-6604

Other Office Addresses:

103 B N. College, Suite 3,

Fayetville, AR 72701

Ph: 866-651-2022.

Fax: 866-651-2024.

David R. Gamache, Lawyer

Edward J. Myers, Lawyer

James F. Mueller (Associate)

Notes

Junk debt collectors/Palisades/Midland, collectiong & garnishing wages for some of the worst bottom feeders in America.

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Thanks cyndi and coltfan!! Before I posted, I searched and read your recent experiences in dealing with these companies. I'm anxious to attack their case, but I don't want to be overanxious and do something foolish.

Is there anything that I should do or file, other than read and research, prior to the court date?

Did you file a written answer prior to your court date?

Should I expect any motions or communications from the Plaintiff between now and the court date (approx. 60 days)?

I filed my answer with the court to let them know this was not going to be another one of their "default" wins. I saw so many cases in which no one responded , and it still amazes me the number of people who just let these scumbags win by default!

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Thanks cyndi and coltfan!! Before I posted, I searched and read your recent experiences in dealing with these companies. I'm anxious to attack their case, but I don't want to be overanxious and do something foolish.

Is there anything that I should do or file, other than read and research, prior to the court date?

Did you file a written answer prior to your court date?

Should I expect any motions or communications from the Plaintiff between now and the court date (approx. 60 days)?

Read your court's Rules of Civil Procedure. They'll tell you if you have to file an answer. If you do, they'll have the information about how much time you have to answer and file with the court. A copy would also have to be sent to the attorney.

Once you do that, then start reading the discovery rules. In my state, one can send discovery requests at different times. I could first send a Request for Production of Documents. Then when the JDB sends the documents, I could send the admissions requests based upon the documents they sent and requests based upon what they can't prove.

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You need to post the answers for post number 7. We need to know what level court this is and how much it is for. Very important.

Edited by legaleagle

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You will need to send the attorney 2 copies of everything you send them. Also, you will need to send them an electronic copy of any and all requests for any discovery; Gamache & Myers absolutely insist on it. I found that out the hard way. Luckily, my judge allowed me to send it after they complained to the court.

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1. Who is the named plaintiff in the suit?

Funny. The summons list Midland Credit Mgt. Inc. but the petition lists Midland Funding LLC.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Gamache & Myers (St. Louis)

3. How much are you being sued for?

10k

4. Who is the original creditor? (if not the Plaintiff)

CHASE BANK USA

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

In person

7. Was the service legal as required by your state?

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

1. Received demand letter 6 months ago.

2. Requested DV.

3. Received letter from Midland claiming assignment and copies of CC statements.

9. What state and county do you live in?

Missouri. Christian

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Allegedly in 2009

11. What is the SOL on the debt?

5 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served. No motions yet.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

Yes. See #8

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Court appearance scheduled for late August.

Missouri Rules do not require an Answer to be filed unless I wish to file a counter-claim or affirmative defense. I believe the response date is the same as the appearance date.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Edited by jwsjohn01

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You will need to send the attorney 2 copies of everything you send them. Also, you will need to send them an electronic copy of any and all requests for any discovery; Gamache & Myers absolutely insist on it. I found that out the hard way. Luckily, my judge allowed me to send it after they complained to the court.

Cyndi, thank you for the response and heads up. I looked up the rule regarding filings (e.g. interrogatories, discovery...) and here is what I see. It mentions the electronic copy in addition to a paper copy, but I don't see or understand the need to send (2) copies. Can you explain?

(3) Service. Copies of the interrogatories shall be served on all parties not in default. The party issuing the interrogatories shall also provide each answering party an electronic copy, in a commonly used medium such as a diskette, CD-ROM or as an e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher. In addition to the information normally in a certificate of service, the certificate of service shall also state:

(A) The name of each party who is to respond to the interrogatories;

(B) The number of the set of interrogatories,

© The format of the electronic copy and the medium used to transmit the electronic copy to the responding party.

At the time of service, a certificate of service, but not the interrogatories, shall be filed with the court as provided in Rule 57.01(d).

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This court agrees with Citibank that a valid choice of law provision in a contract would bind the parties.

CITIBANK (SOUTH DAKOTA), N.A., Appellant,

v.

Jennifer S. WILSON, Respondent.

No. WD 63861.

Missouri Court of Appeals, Western District.

April 26, 2005.

You can use this if you can establish that the SOL has expired and that the agreement cannot have it both ways.

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Cyndi, thank you for the response and heads up. I looked up the rule regarding filings (e.g. interrogatories, discovery...) and here is what I see. It mentions the electronic copy in addition to a paper copy, but I don't see or understand the need to send (2) copies. Can you explain?

I don't know why. The attorney asked for them, and I didn't want to appear uncooperative, so I did it. Now that I think about it, it was a local attorney representing them that requested it. Maybe so he would have a copy? I never gave him anything though, I always sent both copies to Gamache & Myers. Maybe they distributed one to him when they distributed them to the attorney in their office.

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Ok. Time to start.

I am preparing to file an answer. I don't think I will use affirmative defenses--I prefer to leave the burden of all proof with the Plaintiff.

Can I file for Production of Documents prior to first appearance?

Is there anything else I should do, besides read and research, prior to appearance?

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When filing your answer they will stamp your paperwork, turn in discovery admissions interrogatories.then go watch a few cases so you can see what goes on in there.Also if you use any of these examples check spelling and make sure the stuff goes with your case.

I appropriated this stuff from our competitor read it carefully make sure it applies.when you mail CMRR to Plaintiff.

Edited by racecar

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INTERROGATORIES

IN THE CIRCUIT COURT OF (county name)

ASSOCIATE CIRCUIT DIVISION

xxxxxxxxxxxxxxxxxxxxxx

Division: xxxxx

Case No: xxxxxxxx

Plaintiff

vs.

your name

Defendant

DEFENDANT'S FIRST SET OF 30 INTERROGATORIES DIRECTED TO PLAINTIFF

COMES NOW Defendant xxxxxxxxxxxx, and pursuant to Missouri Supreme Court rule 57.01 propound the following Interrogatories to Plaintiff, xxxxxxxxxxxxxxxxx, to be answered separately in writing and under oath. The answers to these Interrogatories should be signed by the person making them, and a copy of the answers should be served Defendant xxxxxxx no later than thirty (30) days subsequent to the service of these Interrogatories.

DEFINITIONS

The following definitions are to be used in responding to the following Request for Interrogatories .

A. "Plaintiff," means xxxxxxxxxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.

B. "Defendant" means, xxxxxxxxxxxxx an individual.

Instructions

1. Respond to each interrogatory pursuant to the definitions and instructions.

2. State any objection to any interrogatory with specificity.

3. If you claim a privilege as a basis for not responding completely to an interrogatory or otherwise object to an interrogatory, describe the factual basis for your claim of privilege or other objection in sufficient detail to permit the Court to adjudicate the validity of the claim or objection.

4. These interrogatories shall be continuing, and you are required to file supplemental responses to each interrogatory in the event new or additional information is obtained or acquired.

5. The conjunctions “and” and “or” shall not be interpreted disjunctively to exclude any of the information requested.

6. You are to furnish all information in your possession and all information available to you and not merely such information as you know of your own personal knowledge. This includes information that is available to you, the company at large and your agents or representatives. Where a response to an interrogatory sets forth information which is not based upon your own personal knowledge, but rather upon the knowledge of your representative, you are to so indicate in your response.

7. When an interrogatory requires you to identify a person, individual, or a witness, state that person’s name, address, and telephone number.

INTERROGATORIES

Interrogatory No. 1: Identify all persons involved in the preparation of the answers to the interrogatories. For each such person, provide their address and telephone number. For each such person, also identify which interrogatory that person responded to. Please also include their title with the Plaintiff and length of time of employment, if applicable to that person.

ANSWER:

Interrogatory No. 2: Identify each person who has knowledge or claims to have knowledge of information or events related to this lawsuit. For each such person, give their name, address, telephone number, and a summary of that person’s knowledge or involvement in this matter.

ANSWER:

Interrogatory No. 3: Identify each of your employees who have had direct involvement with the account of Defendant, including, without limitation, account representatives, employees involved in acquiring the account if the account was acquired, employees involved in the decision to refer the account to outside counsel, and any and all employees who worked with, supervised or have personal knowledge of the account of Defendant in any way.

ANSWER:

Interrogatory No. 4: Provide the title, job description, contact information (including address and telephone number) of each individual listed in the answer to interrogatory #3.

ANSWER:

Interrogatory No. 5: Identify all lawsuits you have been involved with during the past three years in Missouri.

ANSWER:

Interrogatory No. 6: You claim that you acquired this account from Chase Bank. Identify with particularity all documents that evidence such assignment including what consideration was given for the claimed assignment.

ANSWER:

Interrogatory No. 7: You claim that Defendant owes a certain amount on a alleged delinquent credit card debt. Identify with particularity all documents that evidence such a debt and the chain of title of custody of those documents that verify that you are the rightful owner of this account.

ANSWER:

Interrogatory No. 8: You claim that Defendant owes a certain amount on a alleged delinquent credit card debt. Identify with particularity all documents in your possession or any document that you intend to produce at trial to substantiate your claim.

ANSWER:

Interrogatory No. 9: Identify each witness you intend to call at trial. For each witness, provide a summary of the subject matter about which each is expected to testify.

ANSWER:

Interrogatory No. 10:Attach a copy of Defendant’s alleged application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone.

ANSWER:

Interrogatory No. 11: Describe your personal knowledge of the method of keeping business records at Chase Bank, if any. If you have any knowledge, describe how you attained that knowledge.

ANSWER:

Interrogatory No. 13: Do you claim to have personal knowledge of the statements, accounts, or records of the original creditor? If so, provide the basis for that knowledge.

ANSWER:

Interrogatory No. 14: Did you provide notice of the assignment of this account to Defendant when you acquired the account? If so, on what date did you provide the notice?

ANSWER:

Interrogatory No. 15: If you, or anyone on your behalf, has taken any oral, written, or recorded statements from any person regarding any matter relevant to this lawsuit, please provide the names of the individuals giving and taken such statement, the location such statement was given, the persons who have custody of the statement, whether in hardcopy or electronic format.

ANSWER:

Interrogatory No. 16: Itemize each and every piece of information you were provided by the assignor of this account when you acquired it. Itemize each and every piece of information you have received from the assignor regarding this account at any time.

ANSWER:

Interrogatory No. 17: Defendant claims to have no knowledge of this account. State with particularity and in detail every fact or piece of information in your possess that form any part of your contention that Defendant owes on this account.

ANSWER:

Interrogatory No. 18: If you responded with anything but “Admitted” to any Request for Admission served contemporaneously with these interrogatories, provide a detailed factual basis outlining why that request could not be admitted.

ANSWER:

Interrogatory No. 19:If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you.Defendant anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and

schedules of accounts.

ANSWER:

Interrogatory No. 20:Attach a copy of each Record identified in your response to Interrogatory #19.

ANSWER;

Interrogatory No. 21:With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment.

ANSWER:

Interrogatory No. 22:Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account.

ANSWER:

Interrogatory No. 23:Attach a copy of each request identified in your response to Interrogatory #22.

ANSWER:

Interrogatory No. 24:What is the date on which the Account went into default?

ANSWER:

Interrogatory No. 25:Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement.

ANSWER:

Interrogatory No. 26:State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be.

ANSWER:

Interrogatory No. 27:State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record.

ANSWER:

Interrogatory No. 28:Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached.

ANSWER:

Interrogatory No. 29:For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature.

ANSWER:

Interrogatory No. 30:If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached.

ANSWER:

need certificate of service and copies of cd's

Edited by racecar

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Requests for Documents

IN THE CIRCUIT COURT OF (county name)

ASSOCIATE CIRCUIT DIVISION

Division: xx

Case No:

Plaintiff

vs.

Defendant

REQUEST FOR 17 PRODUCTION OF DOCUMENTS DIRECTED TO

PLAINTIFF (Midland funding)

COMES NOW Defendant, xxxxxxxx, and pursuant to Missouri Supreme Court 58.01, requests Plaintiff Midland Funding, to produce and permit Defendant, xxxxxxxx to inspect and photocopy, within thirty (30) days after the date of service, to mail, at xxxxxxx address xxxxxxxxxxxx, the documents described herein.Defendant makes 17 Document requests to plaintiff.

DEFINITIONS

The following definitions are to be used in responding to the following Interrogatories.

A. "Plaintiff," means xxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.

B. "Defendant" means, xxxxxxxxx an individual.

REQUEST FOR PRODUCTION OF DOCUMENTS:

Request No. 1: Produce all documents referred to or used in answering the interrogatories to plaintiff or requests for admissions to plaintiff served contemporaneously with these requests.

Request No. 2: Produce any written or recorded statements obtained from witness or any other person related to the allegations relevant to the present lawsuit.

Request No. 3: Produce all documents substantiating or reflecting any damages claimed against Defendant.

Request No. 4: All journals, memoranda, notes, calendars, correspondence, emails, account statements, and any other documentation upon which you intend to rely to substantiate your claims.

Request No. 5: Produce all documentation evidencing the debt and your authority or standing to collect that debt.

Request No. 6: Produce any and all correspondence from Midland Funding,Chase Bank (including emails,Work Product) in your possession related to this present lawsuit.

Request No. 7: You claim that Defendant breached a contract. Produce the contract.

Request No. 8: If you are claiming anything other than breach of contract, produce all documentation that would substantiate that claim.

Request No. 9: Produce all documentation or evidence of an offer, assent, mutual consideration, and meeting of the minds such that a contract was entered into by Defendant.

Request No. 10: Produce all documentation evidencing any goods or services purchased by Defendant on this alleged credit account.

Request No. 11: Produce all pleadings you have filed in this lawsuit.

Request No. 12: Produce all correspondence you have sent to Defendant.

Request No. 13:Produce all written terms and conditions which governed the Account at the time the Account was opened?

Request No. 14:Produce a copy of all documents reflecting that the information described in 15 U.S.C. § 1637(a)(1) through (8) (to the extent applicable) was disclosed to Defendant before the Account was opened.

Request No. 15:Produce a copy of all documents which you understand as

constituting written notice of an increase in the Account’s annual percentage

rate in accordance with 15 U.S.C. § 1637(i).

Request No. 16:Produce the Account’s last billing statement.

Request No. 17:Produce a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

Respectfully Submitted,

_____________________________________________

(your name), pro se Defendant

Dated this day(date)

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the REQUEST FOR PRODUCTION OF DOCUMENTS was mailed to Plaintiff’s attorney of record to the law offices of (Gamache & Myers ) by US MAIL.Date 06/23/12

_____________________________________________

signature .

Edited by racecar

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Admissions

IN THE CIRCUIT COURT OF (county name)

ASSOCIATE CIRCUIT DIVISION

Case No: xxxxxxxxxx

Division: xx

Plaintiff,

vs.

your name

Defendant.

DEFENDANT'S FIRST SET OF REQUEST FOR ADMISSIONS

DIRECTED TO PLANTIFF MIDLAND FUNDING

A FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH RULE 59.01 SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.

COMES NOW Defendant, xxxxxxxx, Plaintiff, and requests Plaintiff, xxxxxxxxx, by and through its undersigned attorneys, to admit the following matters of fact, as required by Missouri Supreme Court Rule 59.01. The answers to these Requests for Admission should be signed by the person making them, and a copy of the answers should, be mail to Defendant's, xxxxxx address, xxxxxxxxxxxxx, served on the Defendant no later than thirty (30) days subsequent to the service of these Requests for Admission.

DEFINITIONS

The following definitions are to be used in responding to the following Request for Admissions.

A. "Plaintiff," means xxxxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.

B. "Defendant" means, xxxxxxxxxx an individual.

REQUESTS:

1. Admit that you have no personal knowledge of the method or manner of the record-keeping practices of the original creditor of the debt that is the basis of this action.

ANSWER:

2. Admit that you have no personal knowledge of the method or manner of the record-keeping practices of any of the collection agencies that may have been at one time assignees of the right to collect this alleged debt.

ANSWER:

3. Admit that you do not possess any written or executed agreements or promises to pay this alleged debt from the Defendant.

ANSWER:

4. Admit that, in fact, you have no documentary evidence of any kind whatsoever of any obligation on the behalf of Defendant to pay the alleged debt.

ANSWER:

5. Admit that the amounts claimed by Plaintiff include interest and legal fees.

ANSWER:

6. Admit that you have no way to know whether the amounts claimed in the affidavit of Plaintiff are actually due and owing other than your reliance upon that representation.

ANSWER:

7. Admit that you do not intend to call any witness from the original creditor.

ANSWER:

8. Admit that you do not intend to call any witness that has a personal knowledge of this account at the time of its creation or had knowledge of the account when it was allegedly breached.

ANSWER:

Respectfully Submitted,

_____________________________________________

xxxxxxxxxx

Dated thisday of

Dated this day(date)

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing ADMISSIONS was mailed to Plaintiff’s attorney of record to the law offices of (Gamache & Myers ) by US MAIL.Date 06/23/12

_____________________________________________

signature .

Edited by racecar

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(3) Service. Copies of the interrogatories shall be served on all parties not in default. The party issuing the interrogatories shall also provide each answering party an electronic copy, in a commonly used medium such as a diskette, CD-ROM or as an e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher. In addition to the information normally in a certificate of service, the certificate of service shall also state:

(A) The name of each party who is to respond to the interrogatories;

(B) The number of the set of interrogatories,

© The format of the electronic copy and the medium used to transmit the electronic copy to the responding party.

At the time of service, a certificate of service, but not the interrogatories, shall be filed with the court as provided in Rule 57.01

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You will need to send the attorney 2 copies of everything you send them. Also, you will need to send them an electronic copy of any and all requests for any discovery; Gamache & Myers absolutely insist on it. I found that out the hard way. Luckily, my judge allowed me to send it after they complained to the court.

That same Law Firm tried pulling the electronic copy mandatory crap on my associate, in fact, this same Law Firm filed a "General Objection to Defendant's Discovery Requests" and was shot down when my associate provided the judge with the local rule showing an electronic copy is NOT required. They will bluff, bluff and bluff some more. Seeing they were required to answer requests they couldn't answer, they voluntarily dismissed, aka ran away from the fight. The judge was not amused In The Circuit Court of Jackson County, Missouri...lmao...it's unbelievable what goes on in the practice of debt collection.

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57.01. Interrogatories to Parties

(a) Scope. Any party may serve upon any other party written interrogatories. Interrogatories may relate to any matter that can be inquired into under Rule 56.01. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

(B) Issuance.

(1) Form. Interrogatories shall be in consecutively numbered paragraphs. The title shall identify the party to whom they are directed and state the number of the set of interrogatories directed to that party.

(2) When Interrogatories May be Served. Without leave of court, interrogatories may be served on:

(A) A plaintiff after commencement of the action, and

(B) Any other party with or after the party was served with process, entered an appearance, or filed a pleading.

(3) Service. Copies of the interrogatories shall be served on all parties not in default. The party issuing the interrogatories shall also provide each answering party an electronic copy, in a commonly used medium such as a diskette, CD-ROM or as an e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher. In addition to the information normally in a certificate of service, the certificate of service shall also state:

(A) The name of each party who is to respond to the interrogatories;

(B) The number of the set of interrogatories,

© The format of the electronic copy and the medium used to transmit the electronic copy to the responding party.

At the time of service, a certificate of service, but not the interrogatories, shall be filed with the court as provided in Rule 57.01(d).

© Response. The interrogatories shall be answered by each party to whom they are directed. If they are directed to a public or private corporation, limited liability company, partnership, association or governmental agency, they shall be answered by an officer or agent. The party answering the interrogatories shall furnish such information as is available to the party.

(1) When the Response is Due. Responses shall be served within 30 days after the service of the interrogatories. A defendant, however, shall not be required to respond to interrogatories before the expiration of 45 days after the earlier of:

(A) The date the defendant enters an appearance, or

(B) The date the defendant is served with process.

The court may allow a shorter or longer time.

(2) Form. The title of the response shall identify the responding party and the number of the set of interrogatories. The response to the interrogatories shall quote each interrogatory, including its original paragraph number, and immediately thereunder state the answer or all reasons for not completely answering the interrogatory, including privileges, the work product doctrine and objections.

(3) Objections and Privileges. If information is withheld because of an objection, then each reason for the objection shall be stated. If a privilege or the work product doctrine is asserted as a reason for withholding information, then without revealing the protected information, the objecting party shall state information that will permit others to assess the applicability of the privilege or work product doctrine.

(4) Option to Produce Business Records. If the answer to an interrogatory may be derived or ascertained from:

(A) The business records of the party upon whom the interrogatory has been served, or

(B) An examination, audit or inspection of such business records, or

© A compilation, abstract or summary based thereon,

and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.

(5) Signing. Answers shall be signed under oath by the person making them. Objections shall be signed by the attorney making them or by the self-represented party.

(6) Service. The party to whom the interrogatories were directed shall serve a signed original of the answers and objections, if any, on the party that issued the interrogatories and a copy on all parties not in default. The certificate of service shall state the name of the party who issued the interrogatories and the number of the set of interrogatories.

At the time of service, a certificate of service, but not the response, shall be filed with the court as provided in Rule 57.01(d).

(d) Filing. Interrogatories and answers under this Rule 57.01 shall not be filed with the court except upon court order or contemporaneously with a motion placing the interrogatories in issue. However, both when the interrogatories and answers are served, the party serving them shall file with the court a certificate of service.

The certificate shall show the caption of the case, the name of the party served, the date and manner of service, the designation of the document, e.g., first interrogatories or answers to second interrogatories, and the signature of the serving party or attorney. The answers bearing the original signature of the party answering the interrogatories shall be served on the party submitting the interrogatories, who shall be the custodian thereof until the entire case is finally disposed.

Copies of interrogatory answers may be used in all court proceedings to the same extent the original answers may be used.

(e) Enforcement. The party submitting the interrogatory may move for an order under Rule 61.01(B) with respect to any objection to or other failure to answer an interrogatory.

(f) Use at Trial. Interrogatory answers may be used to the extent permitted by the rules of evidence.

(Adopted March 29, 1974, effective January 1, 1975. Amended June 1, 1993, effective January 1, 1994. Amended September 26, 1995, effective July 1, 1996. Amended April 27, 1999, effective January 1, 2000. Amended June 21, 2005, effective, January 1, 2006. Amended December 22, 2009, effective July 1, 2010.)

Supreme Court Rules - Rule 57 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Interrogatories and Depositions: Interrogatories to Parties

Edited by racecar

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Thank you for collecting all these templates for me. I still am confused about timing. At what point should I file each of these motions?

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