surfertom345

question about chain of custody

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Hi!

So I am being sued by midland Funding. I will have lots of questions, but one that keeps coming up is in regards to the chain of custody on the alleged account. Here is my question, Say an account was opened with "bob's bank" around 2005, then sold to "johns bank" some years later, then sold to "mikes bank", then sold to JDB.

The JDB keeps refering to an alleged account opened with "mikes bank" in 2005, but it was not, it was "Bob's bank" in 2005.

So who is the original creditor?

are all the banks part of the chain of custody?

Thanks in advance!

Surfertom

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"bob's bank" to johns bank to mikes bank to midland funding

bobs bank is the original creditor

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And you've just discovered why Midland can't win if you challenge their standing (basically chain of custody).

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Here is the story so far...

I was served an envelope at my home. It contained the complaint for “Account stated”, an ADR information package, a declaration of venue, the summons, a civil case cover sheet, the case management conference information.

Interesting note, the complaint states:

“The underlying account that is the basis of this lawsuit is a credit account the defendant held with CHASE BANK USA,N.A. account no. XXXXXXXXXXXXX1234 (the ”Account”)”

What is interesting is that is it did not have the account number, just 13 X’s and four digits, making it a seventeen digit number, which does not exist. I don’t know if this matters, but I thought it was interesting.

The complaint did not have any other account information, statements, affidavits, etc.

So, I sent a DV letter to Midland Funding. (two copies, certified mail)

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

Oct. 4th, 2012

surfertom

123 main street

anytown, Ca.

12345

Midland Funding, LLC

10601-G Tierrasanta Blvd, #4540

San Diego, CA. 92124

Re: Acct # XXXXXXXXXXXXXXXX

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

* What the money you say I owe is for;

* Explain and show me how you calculated what you say I owe;

* Provide me with copies of any papers that show I agreed to pay what you say I owe;

* Provide a verification or copy of any judgment if applicable;

* Identify the original creditor;

* Prove the Statute of Limitations has not expired on this account;

* Show me that you are licensed to collect in my state; and

* Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act

* Violation of the Fair Debt Collection Practices Act

* Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fails or refuses to respond with the information requested within 30 days from the date of your receipt, this will constitute an agreement that the alleged debt is not valid, and all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

surfertom

123 main street

anytown, Ca.

12345

C c : f i l e

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

I then answered the complaint denying each allegation:

“Defendant is without knowledge or information sufficient to form a belief as to the truth of the of the allegations set forth in this paragraph and on that basis denies these allegations.”

with the exception of my name and the count I live in, which how can you deny that? so I responded:

“Defendant Admits ONLY that his name is (Surfertom), and that he resides in (anytown) County.”

I served the answer to midland, and then filed a proof of service and the answer with the court, along with the fee waiver fw001. (which was denied)

Here is something I do not get. The fee waiver has three reasons why you claim you can not afford to pay.

(paraphrasing here)

a. on gov. assistance, SS, etc.

b. Make less than...etc.

c. I do not have enough income to pay for my household basic needs, etc.

I checked c. and attached the itemized list of household income and expenditures, showing that I am strapped. (I am unemployed, and my wife does not make enough to pay all our bills. I have a small business, but it doesn’t make enough to fill the gap) It was denied because the judge said that I make more than the amount listed in line b.

So, if the qualifier line b., why have c.?

So I had to pay $225.00, which I could not afford.

The next thing is I get is a letter from “MCM” responding to my DV with a generic letter stating account opened date, account charged off date, last payment date, and current balance. attached is a statement of the alleged account, ( which at the bottom even states that it is not an original)

bill of sale with information blacked out, referencing the sale of :

“certain receivables, judgments or evidences of debt described in the Final Data File, entitled (Account’s Primary File Name) attached hereto and made part hereof for all purposes”

lastly a sheet of info: name, account numbers, address, SSN, etc., that at the bottom states:

“Data printed by Midland Credit Management, inc. from records provided by chase bank usa, N.A. pursuant to the bill of sale/ assignment of Accounts transferred on or about 04/09/2012 in connection with the sale of accounts from CHASE BANK, USA, N.A. to Midland Funding LLC”

Yesterday I received a package of Plaintiff’s request for admissions, Plaintiff’s demands for production of documents, and Plaintiff’s special interrogatories.

I am reading an d re-reading these now.

So that is where I am at....

Surfertom

Edited by surfertom345
included previouse post by mistake

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The next thing is I get is a letter from “MCM” responding to my DV with a generic letter stating account opened date, account charged off date, last payment date, and current balance. attached is a statement of the alleged account, ( which at the bottom even states that it is not an original)

bill of sale with information blacked out, referencing the sale of :

“certain receivables, judgments or evidences of debt described in the Final Data File, entitled (Account’s Primary File Name) attached hereto and made part hereof for all purposes”

lastly a sheet of info: name, account numbers, address, SSN, etc., that at the bottom states:

“Data printed by Midland Credit Management, inc. from records provided by chase bank usa, N.A. pursuant to the bill of sale/ assignment of Accounts transferred on or about 04/09/2012 in connection with the sale of accounts from CHASE BANK, USA, N.A. to Midland Funding LLC”

http://www.creditinfocenter.com/forums/there-lawyer-house/317081-all-inclusive-what-dv-how-do-i-dv-whats-required-dv.html

Yesterday I received a package of Plaintiff’s request for admissions, Plaintiff’s demands for production of documents, and Plaintiff’s special interrogatories.

I am reading an d re-reading these now.

So that is where I am at....

Answer their requests by providing them nothing but the bare minimum. Without seeing them I bet they are pretty much asking you to admit their case and provide documents that should be in their possession.

If after a careful review of your records and an attempt to obtain such records you are unable (or something to that effect) is probably accurate for most questions and I've not even seen the questions.

Then you will want to return the favor and send them your requests, which will or should be heavily focused on their standing or their lack of.

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Thanks everyone for their input! this board is full of great info and people!

Here are my proposed answers to the request for production of documents...

1. Any and all DOCUMENTS that REFER or RELATE to credit cards issued to you by CHASE BANK N.A.

RESPONSE: Objection. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using alleged account as described and therefore denies. Defendant has asked the Plaintiff to provide proof of the account, it’s chain of custody, and any signed agreement(s)but plaintiff has not yet done so. Furthermore, Plaintiff has requested DOCUMENTS that should be in plaintiffs possession, considering plaintiff saw fit to bring this action.

Additionally, In a letter received from the Plaintiff or the Plaintiff’s acting representative, dated September 12, 2012, The plaintiff included a document signed by a Chase Bank representative as well as Midland Funding President J. Brandon Black. This document was stamped “Approved by Legal” and clearly stated:

“With respect to account information for the accounts listed in the Final Data File, seller represents and warrants to purchaser that (i) the account info is complete and accurate (ii) the account information constitutes seller's own business records and accurately reflects in all material respects the information in seller's database (iii) the account info was kept in the regular course of business (iv) the Account info was made at or near the time by, or from info transmitted by, a person with knowledge of the data entered into and maintained in the seller's database and (v) it is the regular practice of seller's business to maintain and compile such data”

From this statement, the defendant must conclude that the requested alleged documents if any, are already in the possession of the Plaintiff or it’s representatives.

Defendant reserves the right to supplement his answer to this and any and all following requests in the event that additional information is provided.

2. Any and All DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK from August xx,2005 to XX/XX/2012 for account number XXXXXXXXXXXXXXXX.

Response: Objection. Please refer to answer to question 1 above

3. Any and All DOCUMENTS that REFER or RELATE to transactions initiated by you on a credit card assigned by CHASE BANK bearing the account number XXXXXXXXXXXXXXXX, from August XX, 2005 to xx/xxx/2012.

Objection. Please refer to answer to question 1 above

4. Any and All DOCUMENTS that REFER OR RELATE to payments made by you to CHASE BANK USA, N.A. that were applied to the outstanding balance on a CHASE BANK USA, N.A. credit card.

Objection. Please refer to answer to question 1 above

5. Any and All DOCUMENTS that REFER OR RELATE to correspondence sent by You to CHASE BANK from August XX, 2005 to xx/xx/2012.

Objection. Please refer to answer to question 1 above

6. Any and All DOCUMENTS that REFER OR RELATE to correspondence received by you from CHASE BANK USA, N.A. that referred to credit card number XXXXXXXXXXXXXXXX

Objection. Please refer to answer to question 1 above

7. Any and All DOCUMENTS that REFER OR RELATE to telephone calls made by You to Midland Credit Management, Inc.

Objection. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember initiating any calls to Midland Credit Management.

.

8. Any and All DOCUMENTS that REFER OR RELATE to telephone calls received by you from Midland Credit Management, Inc.

Objection. Other than documents already provided, and documents created by the plaintiff, which the Plaintiff already should have in their possession, To the best of the Defendant's memory, and without any proof provided, Defendant does not recall any other such documents

9. Any and All DOCUMENTS that REFER OR RELATE to correspondence received by You from Midland Credit Management, Inc.

Objection. Other than documents already provided, and documents created by the plaintiff, which the Plaintiff already should have in their possession, To the best of the Defendant's memory, and without any proof provided, Defendant does not recall any other such documents

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lastly a sheet of info: name, account numbers, address, SSN, etc., that at the bottom states:

“Data printed by Midland Credit Management, inc. from records provided by chase bank usa, N.A. pursuant to the bill of sale/ assignment of Accounts transferred on or about 04/09/2012 in connection with the sale of accounts from CHASE BANK, USA, N.A. to Midland Funding LLC”

This seems to be a common document provided by Midland. It proves nothing. They admit the data was printed by Midland Funding. However, they CLAIM it comes from records provided by Chase pursuant to the bill of sale. Did the bill of sale contain any of that information? I doubt it. Therefore the information could not have come just from the bill of sale. Even if they rely on billing statements, those statements don't show your ss #.

The information came from a sale and purchase agreement that they haven't provided and really don't want to provide.

If they refuse to provide it, they're telling the court that they own the account and have information from documents that can prove their case but don't have to show those documents. "Just take our word for it."

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You're going to get killed with these responses, they are improper as to form as well as argumentative. You also give away most of your strategy. Not having the documents is not grounds for an objection. You could answer like this:

"For his response to Plaintiff's requests for production of documents numbered 1-9, after a diligent search, defendant does not have any of the material requested. Defendant will continue to search his records and will amend his response per the rules of civil procedure if such documentation becomes available."

That's all I'd give them. They can't do anything about it, either.

Edited by BrunoTheJDBkiller

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Thanks! So would it be proper to send them copies of all the recent "known" documents, such as a copy of my DV, a copy of their response, the complaint, the summons, that sort of thing? as a "good faith" offering? or would that be seen as some sort of admission?

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Thanks. Less is more I guess!

Now, is it better to send these things out right away, as they are completed? or send them all closer to the end of the due date?

does it make any difference?

I also noticed that the doc request is titled

"PLAINTIFF'S DEMANDS FOR

PRODUCTION OF DOCUMENTS TO

DEFENDANT, SET NO. ONE"

rather than...

"PLAINTIFF'S REQUEST FOR

PRODUCTION OF DOCUMENTS TO

DEFENDANT, SET NO. ONE"

I have seen many examples here and online of the "request" version, but not the "demand" one. Does it make any difference?

Thanks again for being here!

Edited by surfertom345

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I realized I skipped part of the process here, Sorry! here it is...

1. Who is the named plaintiff in the suit?

Midland Funding, LLC

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

there are four attys listed, then MIDLAND FUNDING, LLC, and thier address in San Diego

3. How much are you being sued for?

a little over $5K

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

the Original, Original creditor, or the one Midland bought it from?

Midland bought the alleged account from Chase, but it had several owners before them, as each bank or company was swallowed up by another.

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

Served with complaint and summons

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

In person at my home

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

I can only assume so, I cant find anything that was done incorrectly

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

I do not recall any

9. What state and county do you live in?

California, Santa Cruz

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

They allege it was in 2011

11. What is the SOL on the debt?

4 years

12. What is the status of your case?

it is listed as "active"

I was served the complaint, I answered it, now I have received the demands for docs, interrogatories, and admissions

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

No. I did include it in my DV, but...

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.

No, after, but they did respond with the generic bill of sale, statements of the alleged account, info sheet.

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?

already responded with a general denial to each claim.

"Defendant is without knowledge or information sufficient to form a belief as to the truth of the of the allegations set forth in this paragraph and on that basis denies these allegations."

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

The complaint was for: (1) account Stated

No exhibits, affidavits, or statements. Nothing other than a partial account number. The complaint did not even include my full name or any personal information.

Edited by surfertom345

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Don't parse the small stuff, it is meaningless. Just send your responses (I think somebody has to send them for you?) Send it certified mail and get a receipt. Their favorite tactic is to say you never answered and file for a judgment. Seems this could be Providian > WAMU > Chase. They had a lot of problems with transfer of documents, a lot of stuff got lost.

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Thanks! I really appreciate the input. I am starting to get a little bit of a hold on how to find things here, and learning a few terms to look for so hopefully I can answer most of my questions with research. There are several examples of letters and documents that are word for word what I have received so far. I had no idea it was all so "generic", but at the same time there are subtle differences sometimes by case! So much to learn...

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My proposed answers to doc demands, interrogatories, and admissions

Any and all critiques and suggestions welcome. I would rather look stupid here, than in court!

Answers to demands for documents

1. Any and all DOCUMENTS that REFER or RELATE to credit cards issued to You by CHASE BANK USA, N.A..

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

2. Any and all DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK USA, N.A. from Month, day 2005 to xx/xx/2012 for account number :XXXXXXXXXXXXXXXX

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

3. Any and all DOCUMENTS that REFER or RELATE to transactions initiated by You on a credit card assigned by CHASE BANK USA, N.A. bearing account number XXXXXXXXXXXXXXXX from Month, day 2005 to xx/xx/2012.

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

4. Any and all DOCUMENTS that REFER or RELATE to payments made by You to CHASE BANK USA, N.A. that were to be applied to the outstanding balance on a CHASE BANK USA, N.A. credit card.

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

5. Any and all DOCUMENTS that REFER or RELATE to correspondence sent by You to CHASE BANK USA, N.A. from Month, day 2005 to xx/xx/2012

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

6. Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from CHASE BANK USA, N.A. that referenced credit card number :XXXXXXXXXXXXXXXX

.

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

7. Any and all DOCUMENTS that REFER or RELATE to telephone calls made by You to Midland Credit Management, Inc.

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

8. Any and all DOCUMENTS that REFER or RELATE to telephone calls received by You from Midland Credit Management, Inc.

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

9. Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from Midland Credit Management, Inc.

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

REQUESTS FOR ADMISSION TO DEFENDANT

REQUEST FOR ADMISSION NO. 1: Admit that you applied for the ACCOUNT.

DENIED to the extent that no application was attached hereto for evaluation.

REQUEST FOR ADMISSION NO. 2: Admit that you used the ACCOUNT.

DENIED to the extent that no admissible evidence establishing use of the alleged account was appended hereto for evaluation.

REQUEST FOR ADMISSION NO. 3: Admit that you received monthly billing statements from CHASE BANK USA, N.A. or it’s predecessor in interest that related to the transactions made.

DENIED to the extent that no evidence establishing Chase bank's "predecessor" was appended hereto, nor was such a predecessor identified in the complaint.

REQUEST FUR ADMISSION NO. 4: Admit that you made payments on the ACCOUNT.

Payments to any alleged original creditor (the account) are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Midland Funding now owns said account and is entitled to collect, a fact which is yet alleged.

REQUEST FOR ADMISSION NO. 5: Admit that you owed $5,XXX: on the ACCOUNT at the time the complaint in this action was filed.

DENIED

REQUEST FOR ADMISSION NO. 6: Admit you have not repaid the $4,XXX due on the ACCOUNT.

Admitted in part to the extent that no liability for any such payment has been established, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidence establishing ownership or liability.

REQUEST FOR ADMISSION NO. 7: Admit that the date of your last payment on the ACCOUNT was Month Day 2011.

OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response, therefore, Defendant denies.

REQUEST FOR ADMISSION NO. 8: Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff, Midland Funding LLC.

OBJECTION: question is unclear in that it does not preclude the exhibit attached to the REQUESTS FOR ADMISSION to which this is an answer

REQUEST FOR ADMISSION NO. 9:

Admit that you did not dispute the ownership of the account by Plaintiff Midland Funding LLC.

OBJECTION Argumentative and lacking in foundation. Defendant will challenge ownership at trial.

REQUEST FOR ADMISSION NO. 10:

Admit the Notice of New Ownership and Pre-Legal Review attached hereto as “Exhibit A” is a 5 true and correct copy of the letter you received from Plaintiff Midland Funding LLC.

OBJECTION Argumentative and lacking in foundation. No proof of receipt of the alleged document has been introduced. Additionally, defendant cannot and is not required to verify the veracity of the plaintiff's proof.

REQUEST FOR ADMISSION NO. 11: Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto as “Exhibit A” that you received from Plaintiff Midland Funding LLC.

ADMITTED in part to the extent that documents which have not been provably received need no objection thereto.

REQUEST FOR ADMISSION NO. 12: Admit that you owe Plaintiff Midland Funding LLC $5,XXX.

DENIED Defendant owes Midland nothing.

SPECIAL INTERROGATORIES

SPECIAL INTERROGATORY NO. 1: State each name by which you have been known in the last six years.

(Does this include DBA’s and nicknames? or just my legal name. It may seem silly, but I am mostly called by my nickname, which is also my DBA. )

SPECIAL INTERROGATORY NO. 2: State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

my address

SPECIAL INTERROGATORY NO. 3: State the name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.

OBJECTION The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a countersuit if attempted.

(this one I wondered about, as I have been unemployed for several years. so what does it matter really, but I would rather make them work for it. Then again, is it better to let them know they are trying to dip into a dry well?)

SPECIAL INTERROGATORY NO. 4: Did you ever report to CHASE BANK USA, N.A. that there was an inaccuracy in any billing statement you received from the CHASE BANK USA, N.A.?

OBJECTION Argumentative and lacking in foundation. Specifically that any such billing statements were received.

SPECIAL INTERROGATORY NO. 5: Did you ever report in Writing to CHASE BANK USA, N.A. that the ACCOUNT was opened as a result of fraudulent activity?

OBJECTION Argumentative, lacking in foundation, and compounded.

SPECIAL INTERROGATORY NO. 6: State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action.

OBJECTION Calls for legal impressions of counsel, and attorney client work product. Defendant's "facts" will be adequately detailed in the answer to the plaintiff's baseless complaint. Defendant is not required to refute the plaintiff's claims, the plaintiff is required to prove them.

Edited by surfertom345

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I did find this.

CAL. CCP. CODE § 2033.060 :

"(g) A party requesting an admission of the genuineness of any

documents shall attach copies of those documents to the requests, and

shall make the original of those documents available for inspection

on demand by the party to whom the requests for admission are

directed."

I am just learning here, but "admit that you applied for the ACCOUNT" could be interpreted as asking me to say that I am admitting the genuineness of the alleged application. It also looks like, if that is a valid interpretation, they must provide me with the original application to inspect.

However, I can honestly say:

"Defendant does not recall applying for the alleged ACCOUNT, nor could the defendant find any application supporting such an admission, and therefore defendant must deny"

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Thanks Bruno!

in your experience, which answer do you think would raise the least eyebrows?

my new strategy is to give them as little as legally possible, as well as prompt them to do as little preparation as possible.

Edited by surfertom345

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I was searching around on courts.ca.gov and found a template for responding to document requests/demands. The wording they used is:

"Defendant is unaware of the existence of any documents responsive to this request. Discovery is continuing, and responding party reserves the right to amend this response should documents later be discovered."

Basically the same thing...

But the template has the "I declare under penalty of perjury..." line, which the demand MIDLAND sent does not specify. It is specified on the admissions and the interrogatories, but not on the doc demand. Would it be safe to leave that off my response? I don't like swearing to stuff if I don't have to...

you can view/ get the template here:

(I cant post links yet)

the address in the first line + "/partners/documents/doc_response_shell.doc"

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You can leave it off, but if it is on an official government form it still applies. Don't worry, nobody ever went to jail for fudging an answer on a discovery request.

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Here is my response to Doc requests from Midland. I didn't scan the requests so you don't have an idea of what they were requesting bu you get the idea

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I have read that replies for discovery of docs, interrogatories, adimissions, should go to the Plaintiffs Atty. Here is the thing.

The Doc request states..."This Request may be satisfied by mailing copies documents to the offices of Midland Credit Managment, inc."

The interrogatories must..."Be served on the Plaintiff"

The admissions do not specify, other than that I must "respond separately, in writing and under oath".

So Have have responded to all the questions, attached the answer forms to copies of the respective requests, and stuffed them in a big envelope. Now, the address for the Atty, Midland Funding (the Plaintiff) and Midland Credit Management are all the same. So I know the address, but who's attention should it go to? Do I have to send three different envelopes? I want to avoid a "we never got it" deal, but I also want to avoid spending extra dough on certified mail, if it is not needed.

If I send them all to the attention of the Atty, is that kosher?

They all came in one big envelope from "Midland Funding, LLC" with one proof of service for all three requests.

So... any Ideas?

UPDATE: after reading through them for the umpteenth time, I see they are all signed by the Atty, so I believe it would be correct to send them to his attention.

Edited by surfertom345

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