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Received Motion for Summary Judgement from Midland - Indiana

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Hey folks,

I am in Indiana and I need help. Big time. I was served with papers from Midland in July, filed my responses, then waited a month and filed a Motion to Strike the Affidavit of Debt along with my Interrogatories, Requests for Admissions and Requests for Production of Documents.

Today I received the request packet back from the attorney saying that he did not consider it "served" because of some crap details (I didn't leave enough space for him to answer, etc.) which i can fix and resubmit, no problem. However, I also received a Motion for Entry of Summary Judgement. Here is what it includes:

  • Memorandum in Support of Summary Judgement
  • The Complaint
  • Affidavit of Debt
  • Summons
  • Filing Receipt
  • An Account Information that shows transactions, says at the bottom that it was printed by Midland from electronic records, created, maintained and provided by Dell (OC)
  • Letter to me: Notice of New Ownership (which i have never seen before)
  • Generic Bill of Sale from Cit Bank to Webbank
  • Generic Bill of Sale from Webbank to Dell Financial Services
  • Generic addition to bill of sale stating that accounts were identified in a certain TXT file
  • Generic Bill of Sale from Dell Financial Services to Midland
  • 3 Affidavits of Sale of Accounts by Debt Seller that are copies but look like the originals were notarized
  • A record page that at has my information on it and at the bottom says it was printed by Midland from electronic records provided by Dell in connection with the sale.

WTF do i do now? I filled out an original post:

creditinfocenter.com/forums/there-lawyer-house/315389-received-summons-now-what-sued-midland-funding-indiana-help.html

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We need those "crap details." MSJ is not appropriate when discovery is incomplete, especially when some hack JDB lightweight sends it back to a pro se litigant. Do those bills of sale contain your name and account number?

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We need those "crap details."

Agree 100%. Those "crap details" when dealing with the law can sometimes be a ton more of an issue for somebody that did not comply with the rules of procedure than you think.

I'm not saying it is, obviously, since I've not seen them, but we do need to see those "crap details"

However, again, agree with Bruno, generally speaking, a way to defeat or at least delay the motion for summary judgement is to show discovery is still ongoing. It appears the are going to say discovery is not ongoing or if it is ongoing you waived something (crap details).

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He said it didn't comply with Indiana Trial Rule 26(A)(a) which states that i must also send these requests to them in electronic format (ie on a cd)... also that it doesnt conform with TR 33(B) which states:

(B) Format of interrogatory and response. A party who serves written interrogatories under this rule shall provide, after each interrogatory, a reasonable amount of space for a response or an objection. Answers or objections to interrogatories shall include the interrogatory which is being answered or to which an objection is made. The interrogatory which is being answered or objected to shall be placed immediately preceding the answer or objection.

Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objections shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them

The lawyer also stated that it doesnt comport with LR-ARoo Rule 13D, which i am still trying to figure out.

He then goes on to say that he will not consider answering it ESPECIALLY as it relates to Indiana Trial Rule 36 A until I comply with the above rules.

I am thinking about just filing for Arbitration with JAMS. Would this be a good move?

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We need those "crap details." MSJ is not appropriate when discovery is incomplete, especially when some hack JDB lightweight sends it back to a pro se litigant. Do those bills of sale contain your name and account number?

No the bills of sale do not contain anything about my account. The are simple and generic.

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ARB could work, most JDBs won't pay for it and hope you don't know about it. Depends on the amount. Usually anything under 10,000 is a good candidate, altho even higher amounts are subject to this. They just don't want to shell out 5-6,000 up front for a defaulted credit card account when they know their chances of collecting at all are very slim even if they win.

As for the discovery, you made some procedural errors that can be corrected. However, if you decide to do ARB, don't get too far into the case or it will be denied.

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You may be too late to request arbitration - but it wont hurt to try. I'd file a motion as quick as possible, as an unresolved motion can put a stop to summary judgment. Get the motion put on calendar for a hearing too.

That should also give you time to answer their motion too...

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You might have waived your right to arbitration by going what the court would consider too far into the litigation process. However, if not, then for 1900.00, yes, that would most likely be something they are not interested.

While you made a procedural error, even the attorney's own objection concedes that if you fix (cure) your defect, pretty much that is all that is needed. Does not look like anything fatal to your case at all.

However, make sure you address that summary judgement motion. Don't let that sneak by you while you're figuring out which direction you will take. Good Luck, looks as if you can get by this with not too much time and stress.

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One more thing... does it matter that the Motion of Summary Judgement doesn't have the "FILED" stamp on it... i assume meaning it has not been filed with the court.

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You need to file a response to the MSJ to show that material facts are still in dispute and discovery is still ongoing. Write an affidavit and get it notarized to file with your response and send a copy of everything via certified mail to the JDB attorney.

The copy of the MSJ that you received is not file-stamped because it was sent at the same time they sent one to the court. The court did not send it, the JDB attorney did.

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Hey folks,

I am in Indiana and I need help. Big time. I was served with papers from Midland in July, filed my responses, then waited a month and filed a Motion to Strike the Affidavit of Debt along with my Interrogatories, Requests for Admissions and Requests for Production of Documents.

Today I received the request packet back from the attorney saying that he did not consider it "served" because of some crap details (I didn't leave enough space for him to answer, etc.) which i can fix and resubmit, no problem. However, I also received a Motion for Entry of Summary Judgement. Here is what it includes:

  • Memorandum in Support of Summary Judgement
  • The Complaint
  • Affidavit of Debt
  • Summons
  • Filing Receipt
  • An Account Information that shows transactions, says at the bottom that it was printed by Midland from electronic records, created, maintained and provided by Dell (OC)
  • Letter to me: Notice of New Ownership (which i have never seen before)
  • Generic Bill of Sale from Cit Bank to Webbank
  • Generic Bill of Sale from Webbank to Dell Financial Services
  • Generic addition to bill of sale stating that accounts were identified in a certain TXT file
  • Generic Bill of Sale from Dell Financial Services to Midland
  • 3 Affidavits of Sale of Accounts by Debt Seller that are copies but look like the originals were notarized
  • A record page that at has my information on it and at the bottom says it was printed by Midland from electronic records provided by Dell in connection with the sale.

WTF do i do now? I filled out an original post:

creditinfocenter.com/forums/there-lawyer-house/315389-received-summons-now-what-sued-midland-funding-indiana-help.html

this all sounds like 90% of what I got from midland/stillman after judge went discovery on my case. Mostly generic documents with maybe a couple that were close...

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You need to do a detailed search about summary judgement. It's about as big of a deal there is short of a trial. The short answer is you have to raise issues of material facts in dispute and the need for a trial (not you would win, but a trial is needed).

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One more thing... does it matter that the Motion of Summary Judgement doesn't have the "FILED" stamp on it... i assume meaning it has not been filed with the court.

Rule 5. Service and Filing of Pleading and Other Papers

(E) Filing.

(1) Except as otherwise provided in subparagraph (2) hereof, all pleadings and papers subsequent to the complaint which are required to be served upon a party shall be filed with the Court either before service or within a reasonable period of time thereafter.

If you can view cases online, you could check to see if the motion was filed. If cases aren't available online, call the court Monday morning.

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Hello everyone,

I went with what everyone suggested and elected arbitration. However, here is what i am running in to. The judge is not answering ANYTHING i submit. He answers the lawyer immediately but not me. Has anyone run into this before? I sent in a motion for the arbitration and also sent a copy to the attorney that was certified delivery.

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