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


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Thanks for the help.

I filed my answer on the 7th of November and the attorneys sent me interrogies/discovery dated 14th of November. I understand I have 40 days to file, so I was thinking of maybe filing these in a week or two. I do kind of want to drag it out because I'm going to be traveling for the holidays. What a nice time to do this all!

So here's my two-do list...

1. File disclosure with the court and send copy to attorneys

2. File discovery with LegalEagles questions posted and answer their questions at the same time and mail them both together.

All CMRR.

Does this sound good?

What exactly does a civil hearing consist of if its not a MSJ or a trial?

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Why don't you call the court monday and find out. Maybe it is a pre trail hearing.

Thanks for the help.

I filed my answer on the 7th of November and the attorneys sent me interrogies/discovery dated 14th of November. I understand I have 40 days to file, so I was thinking of maybe filing these in a week or two. I do kind of want to drag it out because I'm going to be traveling for the holidays. What a nice time to do this all!

So here's my two-do list...

1. File disclosure with the court and send copy to attorneys

2. File discovery with LegalEagles questions posted and answer their questions at the same time and mail them both together.

All CMRR.

Does this sound good?

What exactly does a civil hearing consist of if its not a MSJ or a trial?

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Okay guys. Here are the Interrogatories they've sent to me asking me to answer, I'm going to go ahead and list the questions here and see what you guys think and how I should respond. I'm so overwhelemed by all of this! But here it goes.

1. State your full name, date of birth, and social security number.

2. List all other names by which you have been known.

3. State your present residence address, home phone number and cell phone number.

4. For your present spouse and for each former spouse, state the following:

a. His/her current residence address.

b. his/her full name, date of birth and social security number.

c. The date of your marriage

d. The date, place and manner of dissolution or termination of your marriage, if applicable.

5. Idenify and attach all documents in your possession demotrating the date of your marriage.

6. Identify and attach all documents in your possession demonstrating the date and place of dissolution or termination of your marriage.

7. Admit that you had a credit card account with the Plaintiff.

Admit/Deny

8. Admit that you entered into a contract with Plaintiff for a consumer credit card account by using the credit card to purchase merchandise, services, or cash advances.

Admit/Deny

9. Admit that using the credit card account to purchase merchandise services or cash advanves obligated you to pay the Plaintiff.

Admit/Deny

10. If you DENY the preceding request for admission, explain the reasons for the denial.

11. Admit that Plaintiff sent you statements for such purchases or cash advances.

12. Admit that you did not pay all of the accounts listed on the Plaintiff's statements which were sent to you.

13. Admit that you presently owe ~$4,000 (approx for privacy) on the subject credit card account.

14. If you DENY the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the credit card account.

15. Identify and attach all documents in your possession that support your contention of the correct amount due.

16. Admit that you recieved a statement from Plaintiff stating that $4,000 was due from you for the purchase of the merchandise, services or cash advances.

17. With respect to each and every affirmative defense you alleged in your responsive pleading to Plaintiff's Complaint:

a. State in detail each and every fact upon which you base each affirmative defense alleged in your responsive pleading.

18. Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim.

19. State the name, address and telephone number of your current employer.

Also, do I need to respond anything to their disclosure statement or send anything back or just work on filing my own?

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Hey guys, I certainly don't mean to pester, but I'm a little intimidated at these questions for answering under oath. The thing is, I'm pretty sure I may remember this debt. I stopped paying on it just a little over a year ago.. So to pretty new. Not a SOL issue. But I don't have any documentation or statements of this debt from Wells, I don't know how it became to get to the balance it is, And I don't recognize the account number... I'm just asking how I should answer these and what proper verbiage and wording I should use. You guys have already been a godsend to me and I know I'm still early on in the case .. Some pointers or guidience would be amazing.

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Just checked the court website too and it says "CIVIL HEARING" dated for 1/14/2013. Anyone know what this will consist of or what is it? Is this their MSJ? Also anyone mind answering the questions I asked yesterday on a few posts up...? Thank you.

So the proper thing would be look into the local court rules and see if there are requirements r that hearing such as a case statement or something. And even more important would be setting a reminder on your computer for it, mark the calendar also, post it note on the TV. You know like in that movie bedazzled locker room scene with all the postit notes with the number on it.

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I called the court clerk's office this morning (Wow they are rude) .. they kept saying that the information would be mailed to me. I also asked if the court had any disclosure forms and she had no idea what I was talking about and wanted to transfer me to legal aid.

I'm getting ready to file my disclosure statement and file my discovery on them at the same time. I've checked out Marvin's video from youtube and it helped a bit. Does anyone have a good disclosure template I can use? It looks like I'll be making my own. As far as the discovery request above, I think I am going to use that, but if anyone has any good templates or links to other threads where a disclosure statement has been posted so I can get a guideline made out to start filing my own.

Edited by mason433
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Maricopa County Justice Courts, Arizona

Highland Justice Court 55 E. Civic Center Dr., #55, Gilbert, AZ 85296 602-372-8300

CASE NUMBER:

Plaintiffs) Name/Address/Phone

Attorney for Plaintiffs) Name / Address / Phone

Defendant(s) Name/Address/Phone

Attorney for Defendant(s) Name / Address / Phone

DISCLOSURE STATEMENT

INSTRUCTIONS:

The Arizona Rules of Civil Procedure require that each party share with the other party all information known or available concerning this case. Please refer to Rule 26.1(B)(1), ARCP for more specific information concerning disclosure.

This DISCLOSURE STATEMENT provides a format for you to make such disclosure. This DISCLOSURE STATEMENT must be completed and exchanged with all parties within 40 days of the filing of the ANSWER or as ordered by the Court. You should also be prepared to provide the other party with a copy of your disclosure at the PRETRIAL CONFERENCE. The court will notify you of the date and time of the PRETRIAL CONFERENCE when it has been scheduled.

During the course of the action, any new information must also be exchanged. Failure to comply could result in any of the following consequences: 1) Dismissal of this case; 2) A default judgment entered; 3) Your new information or exhibits excluded from being presented at trial; or 4) Imposed sanctions.

I am the D Plaintiff D Defendant

Pursuant to Rule 26.1(B)(1), ARCP, hereby discloses the following and certifies that such disclosure includes all information in his / her possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation:

1. What are the facts supporting the claim:

2. A description of the damage(s) and copies of any exhibits that show how you calculated the dollar value of the damages claimed. Bring a copy of these documents / exhibits to any Pretrial Conference which may be scheduled (see 5A below).

CV 8150-107.01 R: 10/27/10

3. What law supports your claim(s):

:

4. List of Witnesses List the names, addresses, and telephone numbers of any witnesses, including yourself, whom the undersigned party expects to call at trial (and include a brief summary of their expected testimony).

Name

Address

Phone

Testimony

5. List of Documents and Other Information

A. Any documents or evidence which would be available for review by the court which supports your claim(s). Bring a

copy of these documents / exhibits or a description of the evidence to any Pretrial Conference which may be scheduled.

B. Any other information, documents or witnesses of which you may have knowledge, pertaining to this matter.

1.

2.

3.

4.

5.

I state under penalty of perjury that the foregoing is true and correct.

Date:

Signature

I CERTIFY that I delivered / mailed a copy of this DISCLOSURE STATEMENT to the COURT AND: D Plaintiff at the above address D Plaintiffs attorney D Defendant at the above address D Defendant's attorney

Date: By

D Plaintiff D Defendant0

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Hey guys super quick question:

I have my disclosure statement drafted and ready to go. I know I need to submit that to my court and mail that to the attorney.

Discover and interrogatories are the same thing right? I'm going to be making my own interrogatories to send to them as well as answer theirs. I just send those straight to the attorneys and not the court right?

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  • 1 month later...

Q1 - None

Q2 - Lack of Standing To Sue

 

 

I like 1steps answer just make it a little more wordy if you like. I already told you what my answer to the complaint was and won.

Is it really that simple on the reply here in AZ? Is there any need to provide an answer to each complaint and list affermative defenses?

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Is it really that simple on the reply here in AZ? Is there any need to provide an answer to each complaint and list affermative defenses?

 

Is it really that simple on the reply here in AZ? Is there any need to provide an answer to each complaint and list affermative defenses?

yes it really is that simple.  my answer was "I have never heard of nor had any contact with midland funding.  I owe midland funding $0.00"  I do not recommend using that even though I (we) beat them twice simultaneously

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  • 2 months later...

Hey guys. Thanks for all the help here.

If anyone is curious I ended up settling. I know, it's a bit frowned upon here. I wanted to fight them, but I just didn't have the time and energy between work and I'm currently taking care of a sick family member. I ended up settling for 35% of the debt which didn't set me back to far. I just paid it out of my yearly employer bonus which I made more then I expected anyways. Just got the letter that the case was dismissed w/ prejudice so it's all done now. I'm glad it's all finally over.

I still have another collection account that may come at me with a lawsuit sometime soon. I want to thank everyone on this board for the knowledge and advice. I'll be much better prepared for it and might even fight them this time.

Thanks again everyone.

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  • 1 year later...
Hello, 

I just joined this forum and I am new. I got served with a suit from Midlund Funding for 2 CC debts that I owe. I filed an answer and our trial date is set for April 2, 2015.  I just got their interogatories in the mail. I have about 3 wks to answer them and prepare mine for them. I will go line by line for you if you need me to. I just need help in answering them. They have nothing except for a receipt for 1 of the old accts and an affidavit for the other along with a receipt. In the interrogatories, they are asking BASICALLY For me to GIVE THEM ALL THE INFO THEY NEED TO WIN MY CASE FOR THEM. AND I HAVE ACTUALLY CALLED BOTH COMPANIES AND THEY SAID THEY HAVE NO RECORD OF MY OLD ACCTS AT ALL, Because they were charged off. I DONT KNOW HOW TO TYPE up my answers but I have been on here reading a lot and you seem to know a lot and also, they are doing exactly what you said they would do in some of your posts.JUST ABOUT ALL OF THEIR QUESTIONS, ARE OBJECTIONABLE AND THE OTHER ONES ARE ASKING ME TO ADMIT TO THINGS I WILL NOT BC I DO NOT EVEN KNOW IF THESE 'SAID' ACCT NUMBERS ARE THE ACTUAL ONES WITHOUT MY ORIGINAL CONTRACT AND/MY BILLS AND THE AMTS ARE NOW INFLATED. I also need to know how many times can they send me interrogatories and how do I type up my interrogatories for them to answer and demand them to produce contracts and receipts that I know they do not have. Also, how do I subpoena their witnesses. please please help me.. Even if there are templates for me to follow.  

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