jwsjohn01

Need Midland Advice in Missouri

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They are not motions. They are discovery. You will need to read the rules, but I'm pretty sure in just about every court in the country the Defendant can start discovery at anytime after they are served.

In other words now. However, read the rules to make sure. Also make sure you read find out if you can send them at different times or they need to all be sent together. Hopefully at different times so you can lock in an answer and then hit them with another request that paints them in a corner they can't get out of.

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I would send requests for documents first, that is about 95% of your case. If they fail to produce what you ask for or try some weasel objection, then you send admissions for each item you did not produce. Example:

"Produce the photograph purporting to show Coltfan dragging a Snickers bar on a string in front of a teenage girls' dance school."

RESPONSE We already sent that to you when you opened the account. And it was a Milky Way, not a Snickers.

REQUEST FOR ADMISSIONS Admit that you do not have nor can you produce the requested photograph.

They'll look stupid trying to deny that they don't have a document they refused to produce. I'd take that crap you got from debtorboards and send it back to them. Most of it has no bearing on your case. They could admit to every one of those and still beat you. (unless you know how to fight them)

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They are just examples of how to make his paper work not answers to his law suit.He did not know how to make the paper work so i provided some examples for him to use as a templet.Just trying to take away the pain of a law suit for a new person.The formats are correct he knows he has to use his own questions to the plaintiff.

Edited by racecar

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They are just examples of how to make his paper work not answers to his law suit.He did not know how to make the paper work so i provided some examples for him to use as a templet.Just trying to take away the pain of a law suit for a new person.The formats are correct he knows he has to use his own questions to the plaintiff,if you see something not right feel free to chime in.

That is true. I've got a general idea of the strategy and content of the documents that I need to file, but it is helpful to have format examples to follow. Timing was my biggest question. I've read the rules and did not find anything precluding me from filing production of documents. I just want to be careful not to rush in and show my cards too quickly.

I appreciate any and all help!

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I would send requests for documents first, that is about 95% of your case. If they fail to produce what you ask for or try some weasel objection, then you send admissions for each item you did not produce.

This is what I was thinking. I just didn't want to get things out of order.

Thank You!

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That is true. I've got a general idea of the strategy and content of the documents that I need to file, but it is helpful to have format examples to follow. Timing was my biggest question. I've read the rules and did not find anything precluding me from filing production of documents. I just want to be careful not to rush in and show my cards too quickly.

I appreciate any and all help!

I filed my Answer, 1st Request for Production of Documents, and Motion to Strike Affidavit before my first court appearance.

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Just trying to take away the pain of a law suit for a new person

Got you, I just wanted to make sure he didn't use this junk. Newbies don't know any better and are liable to send in just about anything unless we warn them.

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Well I like to do it different. I use admissions first. For example, not relevant maybe just an example.

1. Please admit you do not have the original application for credit in your possession or control.

If they admit, good deal, they can't use the application unless they supplement. However, of course they will deny. Great !!!

NOW I hit them with a request for production of documents and say please produce the document/application which is in your possession or control which you based your denial in request for admission number one.

Now they have admitted they have the document and not only that it is in their possession and control. So how are they getting out of producing it.

If you hit them with the document request first they can worm their way out by saying they are looking for it or some other b.s. Nail their butt down with an admission request where they can't worm out of that answer. They have flat out admitted they have the application in their possession and control, they are painted in the corner when your document request hits them.

Plus with document requests they can act like they are not sure what you are referencing. If you hit them with admissions and be specific they think you are just looking for an admission and if they deny they don't think the request to produce will be the follow up. Then it's too late. If you go documents first they will say that by the time they get the admission request their document answer is no longer accurate and they can now supplement.

If you go admissions first and for some reason they do admit to now application then you can sit tight and if they never supplement they can't say use it.

In my opinion nailing down the other side with a firm yes or no and then hitting them for the particulars has a ton better shot of them lying to you and getting caught in that lie.

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I disagree. OH NO a big fight! Not really, it's just stratgey. By sending admissions first, let's say "admit you don't have the application" you leave the door open for an objection in which they will add a little something that says "Defendant did not propound requests for production of documents, specifically the subject application, therefore the request is premature. If the Defendant would like to see our evidence, he only has to ask for it. If we then fail to produce it, the request for admissions may then be more appropriate." Or, if they do have the application, (happens a lot with new accounts) they will just deny not having it. Then what do you do? What you should have done in the first place, request for docs. My take is you try to find out what they have first. Then you make them admit they don't have it. Coltfan must have had too much pizza today.

I like to do it the other way around. Ask for the document, if they don't produce it, send the request for admissions. They'll look pretty bad trying to deny not having the document they couldn't produce when asked.

Edited by legaleagle

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Coltfan's right, they do come back with some b.s. answers to the request for documents. The first case I had never produced any documents, other than the ones they included with their petition. The second case, they sent a copy of an "agreement" between them and the original creditor, but no names or account numbers ("privileged information"). That's when I hit them with Admissions. If I had done Admissions first in both cases, they probably would have folded sooner.

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Coltfan's right,

"Learn to love it, learn to live with it, because it's the best thing going today."

Ric Flair, Professional Wrestler

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Coltfan's right,

Does this mean it's unanimous? I like Coltfan's theory, but I don't want to make any procedural mistakes or PO the judge.

I am going to post my Answer and Request for Docs. I would appreciate any advice or feedback.

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Here is the original petition.

PETITION

COUNT I - SUIT ON CONTRACT

Comes now, Plantiff, Midland Funding LLC, and for its cause of action against Defendant(s), states as follows:

1. All times pertinent therein, Plantiff was at all times relevant herein a LIMITED LIABILITY COMPANY, duly organized and existing under law.

2. Plantiff is the holder of a valid assignment of account which originated with CHASE BANK USA NA.

3. Defendant(s) is/are residents of XXXX County, MO.

4. CHASE BANK USA NA and Defendant(s) entered into a contract, whereby CHASE BANK USA NA extended credit pursuant to the terms and conditions of a credit agreement (hereinafter referred to as "Agreement") and Defendant(s), in exchange for the use of the credit extended, agreed to pay CHASE BANK USA NA for all amounts due resulting from the authorized use pursuant to the Agreement, including any finance charges and any other charges due under the terms of the Agreement.

5. CHASE BANK USA NA fully abided by the terms and conditions as set forth in said Agreement.

6. Defendant(s) has/have not made all payments to CHASE BANK USA NA pursuant to the Agreement.

7. CHASE BANK USA NA sent monthly statements to the Defendant(s).

8. Defendant(s) breached the Agreement by failing to pay the amount owed.

9. As a direct and proximate result of the Defendant's breach of the Agreement, CHASE BANK USA NA has sustained damages in the sum of $10,000.

10. CHASE BANK USA NA has fully performed, pursuant to the terms of the Agreement or its performance has been excused due to the Defendant's breach.

11. CHASE BANK USA NA and subsequently, Plantiff, have made demand for payment of the outstanding sum of $10,000 but Defendant(s) has/have failed and refused to pay. Plaintiff seeks interest from Nov 21, 2011, which is the date of demand or subsequent to the date when the demand for payment was made.

WHEREFORE, Plaintiff, MIDLAND FUNDING LLC prays for judgement in Count I against Defendant(s), in a sum for $10000 plus interest and for all costs expended herein and for any other and further releif this court deems just and proper.

COUNT II - MONEY HAD AND RECEIVED

COMES NOW, Plaintiff, and for its alternative cause of action against Defendant(s), states as follows:

1. Plaintiff restates and re-alleges each and every paragraph of COUNT I as if fully set fourth herein.

2. Defendant(s) received and used (or authorized the use of) the credit knowing that CHASE BANK USA NA expected to be repaid for all monies advanced, together with interest thereon. With each use of the credit CHASE BANK USA NA paid money on Defendant's behalf to the merchant with whom the credit was used. Defendant(s) accepted said funds for the purchase of goods, wares, merchandise or services and has/have been unjustly enriched by failing to repay such sums.

3. Plaintiff is the assignee of the Issuer's right to be repaid by the Defendant(s) for such money had and received and it is entitled to recover from the Defendant(s) the sum of $10000 that being the balance due through November 21, 2011.

Wherefore, Plaintiff, MIDLAND FUNDING LLC prays for judgment in COUNT II agains the Defendant(s) in the sum of $10000, together with interest as provided by law from November 21, 2011, all costs expended herein and for any other and further relief this Court deems just and proper.

COUNT III - ACCOUNT STATED

COMES NOW, Plaintiff, and for its alternative cause of action against Defendant(s), states as follows:

1. Plaintiff restates and re-alleges each and every paragraph of COUNTS I and II as if fullly set forth herein.

2. Defendant(s) and CHASE BANK USA NA had previous financial transactions related to the Agreement issued to Defendant(s) by CHASE BANK USA NA, at Defendant's insistence and request.

3. Pursuant to said transactions, CHASE BANK USA NA sent Defendant(s) statements of account, to which Defendant(s) did not object.

4. Pursuant to the terms and conditions sent to the Defendant(s) in the Agreement and governing its use, the Defendant(s) made an unconditional promise to pay the amount due with the use of said card.

5. The balance agreed to by the parties is $10000.

6. The Defendant(s) has/have failed to keep his/her/their promise to pay said balance, despite demand for same having been made.

7. Plaintiff is the assignee of CHASE BANK USA NA to be repaid by Defendant(s) on the account, and it is entitled to recover from Defendant(s) the sum of $10000, that being the balance due through November 21, 2011.

WHEREFORE, Plaintiff, MIDLAND FUNDING LLC prays for judgment in COUNT III against the Defendant(s) in a sum of $10000 together with interest as provided by law from November 21, 2011, all costs expended herein and for any other and further relief this court deems just and proper.

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Here is what I've drafted for an answer.

IN THE CIRCUIT COURT OF XXXX COUNTY

ASSOCIATE JUDGE DIVISION

STATE OF MISSOURI

)

MIDLAND FUNDING LLC, )

Plaintiff, ) Cause No. #XXXXXXXX

)

v. ) Division No.

)

JWSJOHN01, ) Date July 02, 2012

Defendant. )

DEFENDANT’S ANSWER TO COMPLAINT

Comes now Jwsjohn01, Defendant, appearing pro se, herein and submits his Answers to the allegations of the complaint filed against him herein. All answers correspond to the specific sections and numbered paragraphs of the Complaint. Defendant hereby denies any claims or allegations not specifically admitted.

DEFENDANT’S ANSWERS TO COUNT I – SUIT ON CONTRACT

Allegation 1: DENIED: Defendant is without knowledge or information sufficient to form a belief.

Allegation 2: DENIED: Defendant is without knowledge or information sufficient to form a belief.

Allegation 3: ADMIT.

Allegation 4: DENIED: Defendant is without knowledge or information sufficient to form a belief.

Allegation 5: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 6: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 7: DENIED: Defendant is without knowledge or information sufficient to form a belief.

Allegation 8: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 9: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 10: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 11: DENIED in part: Defendant is unaware of any claim(s) made by CHASE BANK USA NA. ADMIT in part: Plaintiff, MIDLAND FUNDING LLC did make demand for payment, but failed to provide documentation to support their demand.

DEFENDANT’S ANSWERS TO COUNT II – MONEY HAD AND RECEIVED

Allegation 1: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 2: DENIED: Defendant is without knowledge or information sufficient to form a belief.

Allegation 3: DENIED: Defendant is without knowledge or information sufficient to form a belief.

DEFENDANT’S ANSWERS TO COUNT III – ACCOUNT STATED

Allegation 1: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 2: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 3: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 4: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 5: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 6: DENIED: This request calls for admission of matter Defendant has denied and thus it is improper.

Allegation 7: DENIED: Defendant is without knowledge or information sufficient to form a belief.

DEFENSES

Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

WHEREFORE, the Defendant asks the Court for judgment dismissing the complaint herein with prejudice.

JWSJOHN01

By:_____________________

JWSJOHN01

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If the Defendant would like to see our evidence, he only has to ask for it. If we then fail to

Who said I wanted to see the application. I'm just asking you to admit or deny you have it, not produce it.

If you don't have it and admit you don't have it, fine, you better not try to produce it. You deny you don't have it, explain why you won't produce it after I hit you with the request for production.

Your objection to my request would be premature. I'm going to paint your a$$ into a corner before I hit you with my production request. I've now got you locked into an answer.

You can't argue it's overly burdlesome to just tell me if you have the application or not. Then if you tell me you have it, you're not going to get away with then claiming it's overly burlesome to get it, you just admitted you had in my admission request, and not only that I've asked you if it's in your custody and control.

Now this I agree with Legal,

Coltfan's right, :mrgreen:

"Learn to love it, learn to live with it, because it's the best thing going today."

Ric Flair, Professional Wrestler

By the way Legal, If we did battle in court, You would not be the first to lose but you would be the next.

"Wooooooooooooooooooooooooooooooooooooo"

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Proposed Production of Documents

IN THE CIRCUIT COURT OF XXXX COUNTY

ASSOCIATE JUDGE DIVISION

STATE OF MISSOURI

)

MIDLAND FUNDING LLC, )

Plaintiff, ) Cause No. ########

)

v. ) Division No.

)

JWSJOHN01, ) Date July 03, 2012

Defendant. )

REQUEST FOR PRODUCTION OF DOCUMENTS

Comes now DEFENDANT, Jwsjohn01, pursuant to Civil Rule 58.01, and requests PLAINTIFF, Midland Funding LLC, produce, for inspection and copying of the same, all the documents and materials described below which are in Plaintiff’s possession, custody, and/or control to:

Jwsjohn01

42nd St.

XXXX, MO ####

Plaintiff is requested to serve a written response, under oath, to this Demand within 30 days of service.

DEFINITIONS

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

1. “Plaintiff,” means Midland Funding LLC, or any agent, employee, officer, director, or any other person acting on its behalf.

2. “Defendant,” means, Jwsjohn01, an individual.

3. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports.

4. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant.

5. “Affidavit” means all documents referred to by the AFFIDAVIT OF XXXXX XXXXXX included in Original Petition.

DOCUMENTS TO BE PRODUCED

1. The alleged original Credit Application bearing the defendant’s signature;

2. Charge slips bearing Defendant’s signature which establish use of the account.

3. The alleged original credit agreement that Defendant allegedly assented to;

4. A complete itemized history of the alleged account showing how the alleged amount owed was calculated, including charges, payments and credits;

5. Copies of ALL monthly statements allegedly sent to Defendant along with proof of mailing;

6. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC is the holder of a valid assignment of alleged account;

7. Letter(s) sent to Defendant by Midland Funding LLC and/or Chase Bank USA NA, demonstrating an attempt to collect on the alleged debt;

8. ALL documents that define “Legal Spe******t” title as per the employment term used in the Affidavit;

9. ALL documents that define the job description of “Legal Spe******t” as defined by Plaintiff;

10. ALL documents that define the education, training, qualifications, and generic personal employment history (hereinafter referred to as “Job Qualifications”) in order to be employed as a “Legal Spe******t” by Plaintiff as defined by Plaintiff;

11. A complete listing of Job Qualifications for XXXXX XXXXXXXX as a “Legal Spe******t”;

12. ALL documents used at or near the time of event of the sworn Affidavit of XXXXX XXXXXXXX to formulate an opinion that all statements in Affidavit are true and correct;

13. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability, agreement to and/or responsibility to the alleged debt;

14. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts in relation to defendant.

CERTIFICATION OF SERVICE

A copy of the foregoing mailed this July 3rd, 2012, to: XXXX XXXXXX, as attorney for Midland Funding LLC, 1000 Camera Ave-Suite A, St. Louis, MO 63126.

JWSJOHN01

By:_____________________

JWSJOHN01

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I filed my Answer, 1st Request for Production of Documents, and Motion to Strike Affidavit before my first court appearance.

Did you file all 3 simultaneously or did you wait for Production of Documents to support your Motion to Strike?

Edited by jwsjohn01

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Send them but let me save you some time and give you their responses.

DOCUMENTS TO BE PRODUCED

1. The alleged original Credit Application bearing the defendant’s signature;

Don't have it or irrelevant as application is not needed to prove liability (true basically)

2. Charge slips bearing Defendant’s signature which establish use of the account.

Overly Burdlesome, or irrelevant (again true, but I did trick a JDB into arguing their relevance and then of course they did not have them, but 99% of the time irrelevant).

3. The alleged original credit agreement that Defendant allegedly assented to;

Now they better come up with this. You will probably get this no problem. There is not really a way around this. The bad news is it's easy to get and even if they don't have it from the OC they will just get it off Google.

4. A complete itemized history of the alleged account showing how the alleged amount owed was calculated, including charges, payments and credits;

Objection, overly burdlesome (iffy depending if they go the account stated route and can prove account stated). Either way they are going to object to this one, but you have a very legit argument on this one.

5. Copies of ALL monthly statements allegedly sent to Defendant along with proof of mailing;

They will object but good one and relevant but goes along the same lines as request four.

6. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC is the holder of a valid assignment of alleged account;

Good one but I would simply ask for proof Midland is the legal alleged owner and/or has standing. I would not tell them what to produce specifically. I would not tell them what they need to meet their burden of proof.

7. Letter(s) sent to Defendant by Midland Funding LLC and/or Chase Bank USA NA, demonstrating an attempt to collect on the alleged debt;

Objection, irrelevant (which it is) unless under a state law they have to give you notice prior to suing you.

8. ALL documents that define “Legal Spe******t” title as per the employment term used in the Affidavit;

Objection, privelage. I'd ask this as an interrogatory and demand they explain to you what a legal Spe************ is.

9. ALL documents that define the job description of “Legal Spe******t” as defined by Plaintiff;

Same objection. Also who gives a crap what their definition is. Their definition is irrelevant. That's like when they will always say our interpretation of the law is XXXX

Who cares what your interpretation is. Same here. Who cares but I'd ask it as an interrogatory. I see where you going with this and agree to attack this b.s. title.

10. ALL documents that define the education, training, qualifications, and generic personal employment history (hereinafter referred to as “Job Qualifications”) in order to be employed as a “Legal Spe******t” by Plaintiff as defined by Plaintiff;

Objection (you are wearing this out, again, see where you're going with it).

11. A complete listing of Job Qualifications for XXXXX XXXXXXXX as a “Legal Spe******t”;

Objection (now you are asking the same thing over and over)

12. ALL documents used at or near the time of event of the sworn Affidavit of XXXXX XXXXXXXX to formulate an opinion that all statements in Affidavit are true and correct;

I like this a lot !! They will object of course but I like it and would run with this to the point of moving to preclude if/when they don't produce.

13. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability, agreement to and/or responsibility to the alleged debt;

Objection, overly broad.

14. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts in relation to defendant.

Big objection, but I agree with asking for it.

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They always object to everything ask for work product and see what they say.

John01 dont use this its more for Coltsfan's case in federal court.

http://www.akingump.com/files/Publication/0ad7af79-e11d-49b3-a405-95cd85491f6d/Presentation/PublicationAttachment/4dd5ea93-9240-46c0-975b-95e84674fde4/312.pdf

Work product that work done by an attorney in the process of representing his client which is ordinarily not subject to discovery;work product can generally be defined to encompass writings,statements,or testimony which would substantially reflect or invade an attorneys legal impressions or legal theories as to pending or reasonably anticipated litagation.An attorney's legal impressions and theories would include his tactics,stategy,opinions and thoughts.34 F.R.D. 212, 213. The leading federal case is Hickman v. Taylor,329 U.S. 495.

Where special necessity is demonstrated discovery may nevertheless be had;e.g.,where "relevant and non-privileged facts remain hidden in an attorney's file and production of those facts is essential to the preparation of one's case" Id. at 511 Blacks law Book.Could this be used FDCPA cases?

Case Summary for December 1, 2011

JWSJOHN01 listen to oral argument.Thats your homework

Edited by racecar

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Racecar is correct. They are pretty much going to object to everything. Word your requests where you are already anticipating an object and you filing a motion to compel. Use key words that will sink them in a motion to compel. Be very detailed and exact with what you are requesting. That helps kill their objections.

Thanks for the link Racecar !!

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Here is the original petition.

PETITION

COUNT I - SUIT ON CONTRACT

Comes now, Plantiff, Midland Funding LLC, and for its cause of action against Defendant(s), states as follows:

1. All times pertinent therein, Plantiff was at all times relevant herein a LIMITED LIABILITY COMPANY, duly organized and existing under law.

2. Plantiff is the holder of a valid assignment of account which originated with CHASE BANK USA NA.

3. Defendant(s) is/are residents of XXXX County, MO.

4. CHASE BANK USA NA and Defendant(s) entered into a contract, whereby CHASE BANK USA NA extended credit pursuant to the terms and conditions of a credit agreement (hereinafter referred to as "Agreement") and Defendant(s), in exchange for the use of the credit extended, agreed to pay CHASE BANK USA NA for all amounts due resulting from the authorized use pursuant to the Agreement, including any finance charges and any other charges due under the terms of the Agreement.

5. CHASE BANK USA NA fully abided by the terms and conditions as set forth in said Agreement.

6. Defendant(s) has/have not made all payments to CHASE BANK USA NA pursuant to the Agreement.

7. CHASE BANK USA NA sent monthly statements to the Defendant(s).

8. Defendant(s) breached the Agreement by failing to pay the amount owed.

9. As a direct and proximate result of the Defendant's breach of the Agreement, CHASE BANK USA NA has sustained damages in the sum of $10,000.

10. CHASE BANK USA NA has fully performed, pursuant to the terms of the Agreement or its performance has been excused due to the Defendant's breach.

11. CHASE BANK USA NA and subsequently, Plantiff, have made demand for payment of the outstanding sum of $10,000 but Defendant(s) has/have failed and refused to pay. Plaintiff seeks interest from Nov 21, 2011, which is the date of demand or subsequent to the date when the demand for payment was made.

WHEREFORE, Plaintiff, MIDLAND FUNDING LLC prays for judgement in Count I against Defendant(s), in a sum for $10000 plus interest and for all costs expended herein and for any other and further releif this court deems just and proper.

COUNT II - MONEY HAD AND RECEIVED

COMES NOW, Plaintiff, and for its alternative cause of action against Defendant(s), states as follows:

1. Plaintiff restates and re-alleges each and every paragraph of COUNT I as if fully set fourth herein.

2. Defendant(s) received and used (or authorized the use of) the credit knowing that CHASE BANK USA NA expected to be repaid for all monies advanced, together with interest thereon. With each use of the credit CHASE BANK USA NA paid money on Defendant's behalf to the merchant with whom the credit was used. Defendant(s) accepted said funds for the purchase of goods, wares, merchandise or services and has/have been unjustly enriched by failing to repay such sums.

3. Plaintiff is the assignee of the Issuer's right to be repaid by the Defendant(s) for such money had and received and it is entitled to recover from the Defendant(s) the sum of $10000 that being the balance due through November 21, 2011.

Wherefore, Plaintiff, MIDLAND FUNDING LLC prays for judgment in COUNT II agains the Defendant(s) in the sum of $10000, together with interest as provided by law from November 21, 2011, all costs expended herein and for any other and further relief this Court deems just and proper.

COUNT III - ACCOUNT STATED

COMES NOW, Plaintiff, and for its alternative cause of action against Defendant(s), states as follows:

1. Plaintiff restates and re-alleges each and every paragraph of COUNTS I and II as if fullly set forth herein.

2. Defendant(s) and CHASE BANK USA NA had previous financial transactions related to the Agreement issued to Defendant(s) by CHASE BANK USA NA, at Defendant's insistence and request.

3. Pursuant to said transactions, CHASE BANK USA NA sent Defendant(s) statements of account, to which Defendant(s) did not object.

4. Pursuant to the terms and conditions sent to the Defendant(s) in the Agreement and governing its use, the Defendant(s) made an unconditional promise to pay the amount due with the use of said card.

5. The balance agreed to by the parties is $10000.

6. The Defendant(s) has/have failed to keep his/her/their promise to pay said balance, despite demand for same having been made.

7. Plaintiff is the assignee of CHASE BANK USA NA to be repaid by Defendant(s) on the account, and it is entitled to recover from Defendant(s) the sum of $10000, that being the balance due through November 21, 2011.

WHEREFORE, Plaintiff, MIDLAND FUNDING LLC prays for judgment in COUNT III against the Defendant(s) in a sum of $10000 together with interest as provided by law from November 21, 2011, all costs expended herein and for any other and further relief this court deems just and proper.

Except for the name of the bank, these are exactly (word for word) the same allegations made by Gamache & Myers in both my petitions. (One for Midland Funding and one for Equable Ascent Financial)

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Did you file all 3 simultaneously or did you wait for Production of Documents to support your Motion to Strike?

I filed all three simultaneously because they included their affidavit with the petition.

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Racecar is correct. They are pretty much going to object to everything. Word your requests where you are already anticipating an object and you filing a motion to compel. Use key words that will sink them in a motion to compel. Be very detailed and exact with what you are requesting. That helps kill their objections.

Thanks for the link Racecar !!

I did have to file a motion to compel in the first case, because they ignored all requests to show ownership of the account. I didn't have to in the second case because I sent them the request for admissions. I didn't use admissions in the first case (was still learning), and the case lasted longer. I had 4 court appearances when I didn't request admissions, and only 1 when I did.

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Circumstances for Breach of Contract Suit

Missouri Statute of Frauds requires that in order for action to be taken against a party for breach of contract, the contract must be in writing. In some cases the suit may be brought under the doctrine of Promissory Estoppel if the plaintiff is able to prove that he or she relied on the word of the defendant to his or her detriment, and that injury will result if the promise is not enforced.

Action must also be taken within the statute of limitations. Missouri's statute of limitations for breach of contract is four years from the date of the alleged breach.

Edited by racecar

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