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I am being sued by Midland Funding LLC in AZ.. new to this.. please help me.


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vexatious litigants and

violate the ABA Model Rules of Professional Conduct

Mason, be advised this is bad advice, these are not accepted affirmative defenses in any court. The ABA RPC are enforced by the bar association, not the court. They form the basis for a Grievance Committee proceeding, not a defense against a law suit. Vexatious litigation has a specific definition and would only be the basis for a counterclaim.

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Just an update.. I'm getting ready to file my answer, Unfortunately I don't have any ink for my printer so I have to hand write it, which hopefully isn't a problem.

So I just need to put the case number, midland funding as the plaintiff, their attory jerold and kaplan under attorney, and then my name under the defendant. As for attorney goes, should I just put Pro Se?

Then it says

*Checkbox* I admit to the following portion(s) of the complaint:

*Checkbox* Plantiff is not entitled to judgement because:

Any advice what I should write in there?

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  • 2 weeks later...

disclosure is you telling them what you have (you have nothing right!) and they telling you what they have and intend to introduce at trial. Discovery is just that you ask for stuff and they ask for stuff. You can get a disclosure form from the court and file discovery to just the lawyers no need to send to the court but do send it certified mail return receipt (CMRRR) disclosure must be filed with court, discovery does not have to.

Discovery Request by the late great LegalEagle

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

(this is an explanation to #11 and 12 This is an element of account stated, their favorite cause of action. The theory says that if you received and retained statements for an unreasonable amount of time without protest, you have admitted that the amount is correct. They usually say 30 days. BS in my opinion. That's why I suggest making them define unreasonable. Why is it you only get 30 days, and they can wait 3 years to sue while interest piles up?)

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UPDATE:

Okay, they did respond it looks like. Recieved a letter from attorneys (Jerold Kaplan) with a form for disclosure and two copies of interrogies? Seems like a bunch of questions they want me to answer, yes/no questions.

I filed my answer with the court on 11/7 and the documents for disclosure/interrogies they sent me was dated on the forms for 11/14... didn't even recieve them in the mail until the 19th.. go figure. Which one started my timer for 40 days to answer my disclosure?

So do I need to pickup a disclosure form at the court? Anything I should say or do? What about these interrogies? Should I answer them or toss them in the trash?

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Originally Posted by mason433

Should I answer them or toss them in the trash?

Post the discovery they sent you.If you dont answer the discovery questions they will be deemed admitted in the absence of a proper response.As coltfan said "This would be a death sentence to your case."

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I'm going to pickup a disclosure form at the court .. Then I'll post the questions they sent me here in the next few days.

From what I understand, I have 40 days to file a disclosure with the court and answer their questions? I filed my answer on the 7th of November and they emailed me the disclosure and questions with the date on the Document the 14th of November. Which one started the 40 timer?

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Ok just read on court site. Disclosure form is required to be sent to the court and attorneys from the date of filing the answer within 40 days. Which was November 7th for me.

The questions the lawyers sent me (interrogies sp?) 40 days from the date of the form.. Which is November 14th. I only send those back to the lawyers right? Not the court?

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What is your question? A civil hearing is just that a hearing. Have they filed an MSJ or not? If not then no the hearing is not for that. I do not know why you have a hearing so fast when discovery as not even been completed. Also fire off some discovery right away. You just need to send discovery to the plaintiff not the court. here is a quick list for you to start.

Discovery Request from the late great LegalEagle

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

(this is an explanation to #11 and 12 This is an element of account stated, their favorite cause of action. The theory says that if you received and retained statements for an unreasonable amount of time without protest, you have admitted that the amount is correct. They usually say 30 days. BS in my opinion. That's why I suggest making them define unreasonable. Why is it you only get 30 days, and they can wait 3 years to sue while interest piles up?)

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yes just back to lawyer certified mail return receipt every time! (CMRRR)

Ok just read on court site. Disclosure form is required to be sent to the court and attorneys from the date of filing the answer within 40 days. Which was November 7th for me.

The questions the lawyers sent me (interrogies sp?) 40 days from the date of the form.. Which is November 14th. I only send those back to the lawyers right? Not the court?

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