Midland Funding v. Me (in OK)

[sermonator]

In response to various letters from Midland, I sent a debt validation letter (with the help of this site) 5/31/2011.

Received their standard non-validation letter June 6, 2011.

Was served with summons and petition for suit district court July 27, 2011 (repped by Love, Beal & Nixon, PC, of Oklahoma City).

Mailed follow-up letter to Midland July 28, 2011, stating in part:

I contacted your firm via certified letter dated May 31, 2011, seeking validation of the debt you allege is owed by me to your client (see attached copy of return receipt and copy of my previous letter). You have not complied with the provisions of the Fair Debt Collection Practices Act, and as such you are in violation of the Act.

I expect you immediately to remove this listing from my credit report with all credit bureaus with which it is reported and to cease all further collection attempts, or I will be forced to file suit against you for violations of FDCPA, section 809(

.

Further, yesterday I was served with a summons to file a written answer in a lawsuit regarding this un-validated debt you have filed against me in Craig County District Court. Having violated the FDCPA in regards to my request for validation, I am sure you will swiftly move to dismiss your case with prejudice. If you do not do so, I will certainly file said written response at a minimum. You will not win a default judgment in this matter.

Filed answer to petition 8/29/2011. Forgot to attach exhibits. Filed Exhibits 8/30/2011.

Rec'd notice from court that we were on disposition docket 7/20/2012. I was there; Midland was not. The clerk reported Midland had been there the day before and asked to pass it to January. I said that I had filed a motion to dismiss (which I had included in my answer because the debt had not been timely validated). Clerk said they didn't have a motion to dismiss. Judge said call his office the following day. Followed up and clerk said they needed a separate motion to dismiss. I haven't gotten around to filing motion to dismiss yet, and I received Requests for Admissions, Interrogatories, and Production of Documents. It came first class rather than certified, so I didn't notice it until a couple days ago. The envelope is dated Oct. 8, so I only have a few days to answer.

Any and all help is appreciated. I'll provide whatever info is needed. Thanks in advance.

[sermonator]

REQUEST FOR ADMISSION NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff's Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

REQUEST FOR ADMISSION NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

[sermonator]

INTERROGATORY NO. 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the Defendant sine the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address.

INTERROGATORY NO. 2: Did you obtain credit on the account referenced in Plaintiff's petition?

INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $3, 265.09? If not, please state teh following:

A. The date each payment you contend was made.

B. The amount of each payment you contend was made.

C. The address you contend each payment was mailed to.

D. Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

INTERROGATORY NO. 4: If you deny and of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5: In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A. The date of all letters, phone calls, memos, notes, notices, etc., that the Defendant received.

B. The nature and subject matter of any and all such communications.

C. Defendant's response or reply to the communication, if any.

INTERROGATORY NO. 6: State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant [sic] contentions are in regard to such defense.

INTERROGATORY NO. 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation, and with respect to each person, please state:

A. The subject matter of which such person has knowledge;

B. The substance of the facts and opinions which such opinion is expected to testify;

C. A summary of grounds for such opinion.

[sermonator]

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of Plaintiff's attorney herein at 10:00 a.m., on the 30th day following receipt of this request, or, (2), in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1. All canceled checks, money orders, cashier's checks, receipts, or other records of payment to support you answers to Interrogatories.

2. All written or tangible evidence of any communication between Plaintiff or its transferor to support your answers for Interrogatories.

3. Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

4. Produce any and all documentary or tangible evidence which Defendant either expects to use or may use as evidence in the trial for this case.

5. Produce all documents Defendant has to support any additional defenses mentioned in your answer to Interrogatories.

-----

Then they have included the following documents:

1. General Cardmember Agreement, WITHOUT SIGNATURE.

2. Rates and fees table.

3. Several facsimiles of statements from 2008-2010.

4. Bill of Sale dated 1/20/11 (handwritten date) from Chase Bank USA, NA to Midland Funding LLC.

5. Page with Name, Acct Number, Sale Amount, Contract Date, Address, Phone number, SSN, Charge Off Date, Last Payment Date, LPmt Amt, and COBal, which states at bottom: "Data printed by Midland Credit Management, Inc., from electronic records provided by CHASE BANK USA, N.A., pursuant to the Bill od Sale / Assignment of Accounts dated 1/20/2011 in connection to the sale of accounts from CHASE BANK USA, N.A. to Midland Funding LLC."

6. AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR dated 2/17/2011 regarding Chase Bank's sale of pool of charged-off accounts to Midland Funding LLC on or about 1/17/2011. Signed and notarized.

7. Document titled EXHIBIT C: CLOSING STATEMENT, which includes:

Agreement Date: 11/30/2011

Seller: CHASE BANK USA, N.A.

Purchaser: Midland Funding, LLC

File Number: [blank]

Number of Accounts: [blank]

Total Unpaid Balance: [blank]

Purchase Price Percentage: [blank]

Purchase Price: [blank]

File Creation Date: 1/17/2011

Closing Date: 1/20/2011

Wiring Instructions: Chase Bank USA, N.A., ABA, Beneficiary Name: Chase Bank USA, N.A., Beneficiary Account: [blank]

[saytar]

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of Plaintiff's attorney herein at 10:00 a.m., on the 30th day following receipt of this request, or, (2), in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1. All canceled checks, money orders, cashier's checks, receipts, or other records of payment to support you answers to Interrogatories.

Object, these are documents that Plantiff should have in there possesion. After diligent search of my records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

2. All written or tangible evidence of any communication between Plaintiff or its transferor to support your answers for Interrogatories.

Object, these are documents that Plantiff should have in there possesion. After diligent search of my records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

3. Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

Object, these are documents that Plantiff should have in there possesion. After diligent search of my records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

4. Produce any and all documentary or tangible evidence which Defendant either expects to use or may use as evidence in the trial for this case.

At this time Plantiff has produced no meaningful records that Defendant can structure his case around. Should the Plantiff supply such documents during discovery they will be submitted to the Plantiff and court at the appropriate time.

5. Produce all documents Defendant has to support any additional defenses mentioned in your answer to Interrogatories.

Object, these are documents that Plantiff should have in there possesion. The documents submitted by the Plantiff so far fail muster and are without adaquate legal status to support the Plantiff's cause of action. After diligent search of my records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

-----

Then they have included the following documents:

1. General Cardmember Agreement, WITHOUT SIGNATURE.

Means Nothing. Check for Arbitration by JAMS

2. Rates and fees table.

Big Deal, I can make one of those up.

3. Several facsimiles of statements from 2008-2010.

Still nothing. Any breakdown of payments, figuring of interest, or total accounting of amounts stated.

4. Bill of Sale dated 1/20/11 (handwritten date) from Chase Bank USA, NA to Midland Funding LLC.

Hearsay,Without status without testimony of Keeper of Records at Chase Bank to support.

5. Page with Name, Acct Number, Sale Amount, Contract Date, Address, Phone number, SSN, Charge Off Date, Last Payment Date, LPmt Amt, and COBal, which states at bottom: "Data printed by Midland Credit Management, Inc., from electronic records provided by CHASE BANK USA, N.A., pursuant to the Bill od Sale / Assignment of Accounts dated 1/20/2011 in connection to the sale of accounts from CHASE BANK USA, N.A. to Midland Funding LLC."

Hearsay, still no testimony from Chase employees.

6. AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR dated 2/17/2011 regarding Chase Bank's sale of pool of charged-off accounts to Midland Funding LLC on or about 1/17/2011. Signed and notarized.

Hearsay, still no testimony from Chase employees.

7. Document titled EXHIBIT C: CLOSING STATEMENT, which includes:

Agreement Date: 11/30/2011

Seller: CHASE BANK USA, N.A.

Purchaser: Midland Funding, LLC

File Number: [blank]

Number of Accounts: [blank]

NO ACCT # FOR YOU

Total Unpaid Balance: [blank]

Purchase Price Percentage: [blank]

Purchase Price: [blank]

File Creation Date: 1/17/2011

Closing Date: 1/20/2011

Wiring Instructions: Chase Bank USA, N.A., ABA, Beneficiary Name: Chase Bank USA, N.A., Beneficiary Account: [blank]

Hearsay, still no testimony from Chase employees.

This is the same law firm filing numerous cases in my county up here. Late here will get back more later.

You need to read Coltfans Posting on "I've been sued by Midland What Do I Do Now"

And You Need to Get The Oklahoma Civil District Court Procdures and Rules Chapter 12. Sample Forms are Appendix of Appeals Court, But same format as District Court mostly.

[sermonator]

Thanks so much for the help so far. Anyone have advice on the others?

Also, the Agreement Date listed on their "Exhibit C Closing Statement" is 11/30/2011 while their File Creation Date is 1/17/2011 and the Closing Date is 1/20/2011. Does it look to anyone else like their agreement was months after I was sued? Could that help me?

Also, any help on any requests for documents I should request from them, etc.?

I'm reading all the other threads to get as much info as I can. Hoping to get my answers ready this weekend and file them Monday.

[saytar]

INTERROGATORY NO. 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the Defendant sine the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address.

Why a not.

INTERROGATORY NO. 2: Did you obtain credit on the account referenced in Plaintiff's petition?

The Plantiff has not furnished the defendant with any definitive information upon which to form an opinon as to the nature of this account or to whether this acct is associated with the defendant. If the Defendant receives enough information later in discovery as to change this, defendant will supply this at a later date. Therefore: Deny

INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $3, 265.09? If not, please state teh following:

A. The date each payment you contend was made.

B. The amount of each payment you contend was made.

C. The address you contend each payment was mailed to.

D. Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

The Plantiff has not furnished the defendant with any definitive information upon which to form an opinon as to the nature of these payments or charges or to whether this acct is associated with the defendant. If the Defendant receives enough information later in discovery as to change this, defendant will supply this at a later date. Therefore: Deny

INTERROGATORY NO. 4: If you deny and of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

The Plantiff has not furnished the defendant with any definitive information upon which to form an opinon as to the nature of these payments or charges or to whether this acct is associated with the defendant. If the Defendant receives enough information later in discovery as to change this, defendant will supply this at a later date. Therefore: Deny

INTERROGATORY NO. 5: In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A. The date of all letters, phone calls, memos, notes, notices, etc., that the Defendant received.

B. The nature and subject matter of any and all such communications.

C. Defendant's response or reply to the communication, if any.

Objection: This is information that should have already been in the possession of the Plantiff when they filed this action.

The Plantiff has not furnished the defendant with any definitive information upon which to form an opinon as to the nature of these communications or to whether this acct is associated with the defendant. If after a diligent search such records be found defendant will amend his answers or If the Defendant receives enough information later in discovery as to change this, defendant will supply this at a later date. Therefore: Deny

INTERROGATORY NO. 6: State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant [sic] contentions are in regard to such defense.

Objection: This is prejudical to the defendant's case.

The Plantiff has not furnished the defendant with any definitive information upon which to form an opinon as to the nature of these any proof or evidence that the Plantiff had any standing to bring thsi action before the court,or to whether this acct is even associated with the defendant.This does not enable the defendant for formulate a defense at this time. If the Defendant receives enough information later in discovery as to change this, defendant will supply this information at a later date. Therefore: Deny

INTERROGATORY NO. 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation, and with respect to each person, please state:

A. The subject matter of which such person has knowledge;

B. The substance of the facts and opinions which such opinion is expected to testify;

C. A summary of grounds for such opinion.

The defendant at this time, does not know of any witness's that will be called and reserve the right to call any witness's later found to be relevant through discovery. Defendant states the should any person or person's become known to defendant that he will amend these answer's. Therefore: Deny

This is my opinion only, not that of an attorney.

Hope you are studying up on motions and summary judgement in the Ok Rules of Civil Procedures, especially about raising trialable issues. Summary judgement is only allowed if NO triable issues or different opinions of fact are found.

Summary Judgement

OSCN Found Document:Summary Judgment

Free Cloud Storage - MediaFire

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

Edited November 2, 2012 by saytar
Add'l files

[saytar]

Maybe something to this effect but taylor it to your specific's. If unsure about a statue or what check and read on those links above.

Oklahoma Court Heading

MidCrap

vs

Joe Blow

Case #

Defendant's Interrogatories and Request for Admissions to Plantiff

COMES Now the Defendant JOE BLOW, pro se and requests the following discovery of the Plaintiff, pursuant to OK STATUTE XXXXXXX. Plaintiff is directed to serve its verified answers to Defendant’s Interrogatories and Request for Admissions to Plaintiff in conformance with the above cited rules, on or before thirty (30) days from the date certified below to the Defendant’s residence 4444 STONEWALL JACKSON, SOMEWHERE,OK

INSTRUCTIONS AND DEFINITIONS For the purpose of these discovery requests, the following definitions apply:

A. “Defendant” means JOE BLOW.

B. “Plaintiff” or “Plaintiffs” or “You” refer to MIDLAND FUNDING LLC as well as any person in their agency, employ or acting on their behalf.

C. “Account” means the account related to the alleged debt which is the subject of this lawsuit.

D. “And”, “or”, and “and/or” shall be construed as broadly as possible so that information otherwise within the scope of this request is not excluded.

E. “Assignment Agreement” includes but is not limited to bills of sale, the actual purchase and assignment agreement document(s) including the terms and conditions of the sale, and the schedule of accounts included in sale. Assignment Agreements shall also mean the completed documentation of the chain of custody between the original creditor and plaintiff.

F. “Person” includes natural persons, corporations, partnerships, associations, or any type of entity and agents, servants, employees and representatives, thereof.

G. “Attorney” means INSERT LAW FIRM NAME & Associates, P.C. or any other OK Licensed Attorney and/or employed by OKLAHOMA LAW FIRM, P.C. representing MIDLAND FUNDING LLC in this action.

When answering the Interrogatories, you must furnish all requested information, not subject to valid objection that is known by, possessed by, or available to you or your subsidiaries, employers, employees, managers, attorney, consultants, agents or representatives.

If you are unable to fully answer any of these Interrogatories, please answer them to the fullest extent possible, specify the reasons for your inability to further answer and state whatever information knowledge or belief that you have concerning the portion not fully answered. J.

Each numbered subpart of a numbered Interrogatory is considered a separate interrogatory for the purpose of objection. Thus, you must object separately to each subpart; and if you object to less than all of the subparts of a number interrogatory, answer the remaining subparts.

if you number as you should, keep each request reasonably together

If any information called for in these Interrogatories is withheld on the ground that such information is for any reason exempt from discovery, then: State the ground or grounds for withholding such information; Describe the type of information being withheld; Identify all persons who have knowledge of the information being withheld; Furnish such other information as may be required to enable the court to adjudicate the propriety of your refusal to furnish such information; You are under a duty to reasonably supplement your response to each question and directly address to the identity and locations of persons have knowledge of discoverable matters and information that may come to you in the future.

A copy of the entire forward flow agreement between the Plantiff and Chase only redacted as to social security numbers or other federally privileged information.

For persons, state the person’s name, residence address, business address, telephone number and the name of his/her employer; For entities, state the name and address of its principal place of business, and telephone number.

For documents, state the author, addressee and recipient, date a general description, a brief summary of its contents, the name and address of the custodian of the original, or best copy, and any other descriptive information necessary in order to adequately describe it in a subpoena duces tecum or in a request or motion for its production; In lieu of such identification, you may attach a copy of each document to your answer to these interrogatories;

Whenever appropriate in these discovery requests, the singular and plural forms of words shall be interpreted interchangeably so as to bring within the scope of these requests any matter which might otherwise be construed outside their scope;

CLAIMS OF PRIVILEGE If an objection to a request is based upon a claim or privilege or attorney work product, identify each document so withheld. With regard to all documents or portions of documents withheld on this basis, identify its creator; provide a brief description of the document, and state with particularity the basis of the claim of privilege work production, or other ground of nondisclosure.

LOST OR DESTROYED DOCUMENTS If any document requested has been lost, discarded, or destroyed, identify such document. State the type of document, its date, the approximate date it was lost, discarded or destroyed, the reason it was lost, discarded or destroyed, a summary of its substance, and the identify of each person having knowledge of its contents thereof.

Edited November 3, 2012 by saytar
edit

[saytar]

INTERROGATORIES

State the name(s), business address(es) and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any information used to answer each Interrogatory.

State the correct legal name of your organization. State any other names which your organization uses to identify itself, whether such names are registered with any official, and the date and place of such registration.

State the form of your organization, the date and place the organization was organized and registered and/or licensed to do business.

Is MIDLAND FUNDING LLC the direct assignee of CHASE BANK (USA), N.A.? Or, is MIDLAND FUNDING LLC an assignee of an assignee?

If there are additional assignees, identify each assignee, their business address, and telephone number.

Identify any person who has knowledge of facts relating to this lawsuit, and specify his or her area of knowledge.

Identify all witnesses Plaintiff proposes to call to trial.

Identify the person(s) responsible for the books and records of the defendant including name, including title, years with the company, as well as years of experience in their field.

List all exhibits Plaintiff proposes to introduce at trial. Do you have an actual contract between the Defendant and CHASE BANK (USA), N.A.? 11. Do you have the Assignment Agreement between CHASE BANK (USA), N.A. and MIDLAND FUNDING LLC?

Attorney. Describe all collection activities, which you were authorized to perform for MIDLAND FUNDING LLC, and identify the terms of the agreement between MIDLAND FUNDING LLC and you pursuant to which you sought to collect this account.

In regards to the contract or agreement alleged in this action, please state the following:

A. Terms of the Contract or Agreement;

B. Credit Limit Amount Financed in the Alleged Contract or Agreement;

C. Date and Monetary value of any valuable consideration received on the contract or agreement;

D. Date and Monetary value of any payments or credits alleged to be executed on the contract or agreement. Plaintiff and Attorney. State all actions taken to verify the accuracy and completeness of the account which is the subject of this lawsuit.

Plaintiff and Attorney. State your procedures designed to assure the maximum possible accuracy of a debt if disputed by a consumer. 16. How did you locate Defendant?

REQUEST FOR ADMISSIONS ADMIT THE TRUTH OF EACH OF THE FOLLOWING STATEMENTS:

You filed Case Number XX-XXX-XX on December 29, 2009 in the District Court of Somewhere County, Oklahoma against the Defendant for the alleged debt that is being pursued in this action.

Admit that Midland Funding LLC is engaged in the business of collecting consumer debts and regularly attempts and collects consumer debts allegedly owed to another and is a “debt collector” as defined at 15 U.S.C. § 1692a(6).

Admit that Oklahoma Attorney, P.C. is engaged in the business of collecting consumer debts and regularly attempts and collects consumer debtsallegedly owed to another and is a “debt collector” as defined at 15 U.S.C. § 1692a(6).

Admit that CHASE BANK (USA), N.A. has no direct knowledge of the litigation initiated by Midland Funding LLC on the account that is in dispute, and that no employee or agent of CHASE BANK (USA), N.A. directly requested any employee or agent of Midland Funding LLC to initiate any legal action against Defendant.

Admit That You do not have the original or a copy of an assignment between you and CHASE BANK (USA), N.A. with my signature on it.

In the state of Oklahoma, the assignee must furnish reasonable authnticated proof that the assignment of my alleged acount has been made.

lAdmit You did not send the Defendant any valid assignment of the account with my name specifically listed, an accounting of all charges, debits and interest on account or how determined.

Admit that you do not have a valid assignment of rights thru all parties of the alleged debt.

Admit You are unable to provide a complete accounting for the amount you are claiming. You are barred under the Fair Debt Collection Practices Act, U.S.C. § 1692f(1) from collecting interest on any amount not authorized by the agreement creating the debt or permitted by law.

This 16th day of August, 2010. Respectfully Submitted,

By: ____________________________ Joe Blow, pro se 4444 Stonewall Jackson, Somewhere, OK 30152 (xxx) xxx-xxxx

I am not an attorney or pretending to be one. Take everything with a grain of sand. If in doubt consult a regular shark, uh I mean attorney.

Edited November 6, 2012 by saytar
Edited

[sermonator]

Hey, thanks so much for this. It didn't email me that you had posted them so I just now saw it. I've looked at both the motion to dismiss (for lack of standing) because they did not validate the debt within the time window and summary judgment, and it seems to me that the motion to dismiss might be better. Opinions?

[saytar]

Thanks so much for the help so far. Anyone have advice on the others?

Also, the Agreement Date listed on their "Exhibit C Closing Statement" is 11/30/2011

What agreement date? The credit card agreement from Chase or the Date they show when the account assigned to them. If it is the CC agreement that really means nada

while their File Creation Date is 1/17/2011 and the Closing Date is 1/20/2011.

THis is probably the date they manufactured their "proof" or printed it from Midland Files.

Does it look to anyone else like their agreement was months after I was sued? Could that help me?

No not really.

Also, any help on any requests for documents I should request from them, etc.?

I'm reading all the other threads to get as much info as I can. Hoping to get my answers ready this weekend and file them Monday.

Hey, thanks so much for this. It didn't email me that you had posted them so I just now saw it. I've looked at both the motion to dismiss (for lack of standing) because they did not validate the debt within the time window

There is no requirement that they validate, it just means that they are "not supposed" to continue collection efforts until they do.

and summary judgment, and it seems to me that the motion to dismiss might be better. Opinions?

At this stage you need to answer the interrogitories and discovery or they will be deemed fact and you lose, end game. And then when you go to court AND YOU NEED TO GO TO ANY AND ALL HEARINGS, CONFERENCES WHATEVER, DO NOT MISS THEM AND CONSTANTLY CHECK WITH THE CLERK AT COURT TO MAKE SURE THEY DON'T SLIP SOMETHING IN ON YOU. EVEN IF THEY SAY YOU DON'T NEED TO BE THERE.......BE THERE. and they ask for summary judgement you can say that you are still in the discovery stage and judgement is not proper at this time.

One thing at a time, you are getting into a game of cat and mouse and the cats are very patient and try to terroize the mouse. Get those answers done and into the court asap. Just remember you can deny anything but your name and address as they have not provided you with enough valid information for you to determine if they are true and correct; therefore DENY

I'm not saying don't work on a motion to dismiss just hang back, you need to have valid reasons for the motion and you will not know all they are going to spring on you in court until you get their documents, you base your motion on defects in there alleged proof, all of them. Or if they are going to try and stall and not give them to you.

Just remember they worst they can do is get a judgement if you trip up somewhere...............

But if you don't bear done and study, study, study and fight them they WILL get a judgement.

They count on summary judgements where no one shows up or contest it. It upsets their apple cart when someone pushes back.

Hopefully one of the Pro's on here will jump in and help us out on this matter. I am still fairly new and really hope one or more of them will jump in and review every thing.

Just remember, don't give the other side anything in writing they can turn around on you and hit you over the head with at court. Play everything close to the vest. And don't talk on the phone to them about anything, GET EVERYTHING FROM THEM IN WRITING.

Remember the best and only real defense you have is to attack their proof of assignment from Chase and the chain of assignment and the lack of in person affiant testimony as to the authenticty of their affidavit's from the OC.

Good luck.

[sermonator]

Anyone care to run an eye over this?

DEFENDANT’S ANSWERS TO PLAINTIFF’S REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS

Comes now the Defendant, pro se, and answers Plaintiff’s Requests for Admissions, Interrogatories, and Request for Production of Documents:

DEFENDANT’S ANSWER TO PLAINTIFF’S REQUEST FOR ADMISSIONS

PLAINTIFF’S REQUEST FOR ADMISSION NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 1: Defendant’s name is XXXXXXX. Therefore: Admit.

PLAINTIFF’S REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff's Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 2: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of any account and/or alleged indebtedness associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S REQUEST FOR ADMISSION NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 3: Plaintiff alleges a debt by Defendant, but has failed timely to validate that alleged debt according to Sec. 809 ( of the Fair Debt Collection Practices Act, 15 USC 1692g, after such validation was requested by Defendant. Further, upon notification (both by letter and in Defendant’s Answer to Plaintiff’s Petition for Indebtedness) that Plaintiff had failed to validate the alleged debt and was therefore obligated by law to cease collection attempts against Defendant, Plaintiff has continued collection attempts, including but not limited to the lawsuit in which this Answer is provided. Defendant has no definitive knowledge of other ways in which the Plaintiff has performed or neglected its responsibilities as to the obligation alleged. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S REQUEST FOR ADMISSION NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 4: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of these payments and/or charges or as to whether this account and alleged indebtedness is associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

[sermonator]

DEFENDANT’S ANSWER TO PLAINTIFF’S INTERROGATORIES

PLAINTIFF’S INTERROGATORY NO. 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the Defendant sine the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address.

DEFENDANT’S ANSWER TO INTERROGATORY NO. 1: Defendant is XXXXXXX. Defendant resides at XXXXXXX. Defendant is employed as a xxxxxxx. Defendant’s job title is xxxxxxxx. Plaintiff has provided no contract in the present lawsuit, thus there is no date as a guide for Defendant to list the requested residence address(es).

PLAINTIFF’S INTERROGATORY NO. 2: Did you obtain credit on the account referenced in Plaintiff's petition?

DEFENDANT’S ANSWER TO INTERROGATORY NO. 2: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of any account and/or alleged indebtedness associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $3, 265.09? If not, please state the following:

A. The date each payment you contend was made.

B. The amount of each payment you contend was made.

C. The address you contend each payment was mailed to.

D. Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

DEFENDANT’S ANSWER TO INTERROGATORY NO. 3: As to A., B., C., and D.: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of these payments and/or charges or as to whether this account and alleged indebtedness is associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S INTERROGATORY NO. 4: If you deny and of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

DEFENDANT’S ANSWER TO INTERROGATORY NO. 4: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of these payments and/or charges or as to whether this account and alleged indebtedness is associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S INTERROGATORY NO. 5: In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A. The date of all letters, phone calls, memos, notes, notices, etc., that the Defendant received.

B. The nature and subject matter of any and all such communications.

C. Defendant's response or reply to the communication, if any.

DEFENDANT’S ANSWER TO INTERROGATORY NO. 5: Object: This is information that should have already been in Plaintiff’s possession when this action was commenced. Further, the Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of these communications or as to whether this alleged account is associated with the Defendant. If after a diligent search such, records are found, Defendant will amend his answers and if Defendant receives information in discovery sufficient to change this, Defendant will supply this at a later date. Therefore: Deny.

PLAINTIFF’S INTERROGATORY NO. 6: State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant [sic] contentions are in regard to such defense.

DEFENDANT’S ANSWER TO INTERROGATORY NO. 6: Object: This is prejudicial to the defendant's case. Further, the Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of any proof or evidence that the Plaintiff has standing to bring this action before the court or as to whether this account is associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. This precludes Defendant from formulating a defense at this time. If the Defendant receives information in discovery sufficient to change this, Defendant will supply this information at a later date. Therefore: Deny

PLAINTIFF’S INTERROGATORY NO. 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation, and with respect to each person, please state:

A. The subject matter of which such person has knowledge;

B. The substance of the facts and opinions which such opinion is expected to testify;

C. A summary of grounds for such opinion.

DEFENDANT’S ANSWER TO INTERROGATORY NO. 7: The Defendant at this time does not know of any witnesses that will be called but reserves the right to call any witnesses later found to be relevant through discovery. Defendant states that should any person or persons become known to Defendant that he will amend these answers. Therefore: Deny

[sermonator]

DEFENDANT’S ANSWERS TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS

PLAINTIFF’S DOCUMENT REQUEST NO. 1: All canceled checks, money orders, cashier's checks, receipts, or other records of payment to support you answers to Interrogatories.

DEFENDANT’S ANSWER TO DOCUMENT REQUEST NO. 1: Object. These are documents that Plaintiff should have in its possession. After diligent search of Defendant’s records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

PLAINTIFF’S DOCUMENT REQUEST NO. 2: All written or tangible evidence of any communication between Plaintiff or its transferor to support your answers for Interrogatories.

DEFENDANT’S ANSWER TO DOCUMENT REQUEST NO. 2: Object. These are documents that Plaintiff should have in its possession. After diligent search of Defendant’s records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

PLAINTIFF’S DOCUMENT REQUEST NO. 3: Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

DEFENDANT’S ANSWER TO DOCUMENT REQUEST NO. 3: Object. These are documents that Plaintiff should have in its possession. After diligent search of Defendant’s records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

PLAINTIFF’S DOCUMENT REQUEST NO. 4: Produce any and all documentary or tangible evidence which Defendant either expects to use or may use as evidence in the trial for this case.

DEFENDANT’S ANSWER TO DOCUMENT REQUEST NO. 4: At this time, Plaintiff has produced no meaningful records around which Defendant can structure his case. Should the Plaintiff supply such documents during discovery, Defendant will supply requested evidence to the Plaintiff and Court at the appropriate time.

PLAINTIFF’S DOCUMENT REQUEST NO. 5: Produce all documents Defendant has to support any additional defenses mentioned in your answer to Interrogatories.

DEFENDANT’S ANSWER TO DOCUMENT REQUEST NO. 5: Object. The documents submitted by the Plaintiff thus far fail muster and are without adequate legal status to support the Plaintiff’s cause of action. After diligent search of my records no such documents have been found. Defendant will continue to research and will produce at a later date any located.

[sermonator]

And thanks again for anyone and everyone who has been helping and who will also jump in.

[saytar]

Looks Fair to me, I took that from a case in GA and taylored it more for OK and you taliored a little more to your situation. That is best as there is no one catch all way to pound at them.

Another avenue would be to arbitration thru JAMS. I have a 2003 rev BOA agreement and it list JAMS.

http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2003-Bank-of-America-Agreement-with-JAMS.pdf

If you want you could motion to compel arbitration and make them go away if the amount is not over 5 or 6k. It would dearly cost them to go that way. Way more than they have invested. That's not in their business model.

Check Linda7 threads, she is the resident "expert" on arbitration.

I know I read somewhere that invoking arbitration on LB&N get's their blood pressure up to stroke level. It cost them too much to come out on it. From what i gather on arbitration it will cost them upwards of 3 to 5k just to get it to the arbitrator.

Just saying you might read up on that too.

Edited November 7, 2012 by saytar
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[longstand]

JUST WANTED TO SAY. DAMM. that was GOOD READING. EVERYONE SHOULD READ from here. its like NEWS TO ME. and i have CNN and this to read. WOW. my world is just perfect.

[Seadragon]

In response to various letters from Midland, I sent a debt validation letter (with the help of this site) 5/31/2011.

Received their standard non-validation letter June 6, 2011.

Was served with summons and petition for suit district court July 27, 2011 (repped by Love, Beal & Nixon, PC, of Oklahoma City).

Mailed follow-up letter to Midland July 28, 2011, stating in part:

I contacted your firm via certified letter dated May 31, 2011, seeking validation of the debt you allege is owed by me to your client (see attached copy of return receipt and copy of my previous letter). You have not complied with the provisions of the Fair Debt Collection Practices Act, and as such you are in violation of the Act.

I expect you immediately to remove this listing from my credit report with all credit bureaus with which it is reported and to cease all further collection attempts, or I will be forced to file suit against you for violations of FDCPA, section 809(

.

Further, yesterday I was served with a summons to file a written answer in a lawsuit regarding this un-validated debt you have filed against me in Craig County District Court. Having violated the FDCPA in regards to my request for validation, I am sure you will swiftly move to dismiss your case with prejudice. If you do not do so, I will certainly file said written response at a minimum. You will not win a default judgment in this matter.

Filed answer to petition 8/29/2011. Forgot to attach exhibits. Filed Exhibits 8/30/2011.

Rec'd notice from court that we were on disposition docket 7/20/2012. I was there; Midland was not. The clerk reported Midland had been there the day before and asked to pass it to January. I said that I had filed a motion to dismiss (which I had included in my answer because the debt had not been timely validated). Clerk said they didn't have a motion to dismiss. Judge said call his office the following day. Followed up and clerk said they needed a separate motion to dismiss. I haven't gotten around to filing motion to dismiss yet, and I received Requests for Admissions, Interrogatories, and Production of Documents. It came first class rather than certified, so I didn't notice it until a couple days ago. The envelope is dated Oct. 8, so I only have a few days to answer.

Any and all help is appreciated. I'll provide whatever info is needed. Thanks in advance.

You have threatened FDCPA lawsuit they have probably been forced to get more stuff and might have an insurance company attorney guiding them. So because you called them out into the streets of Dodge City expect a gun fight and abunch of stuff. The discovery is the first part expect SJ soon and prep accordingly.

I have to say this initial letter forces them to litigate this hard. I personally think these harsh letters like that not only DON'T allow them to go away quietly. But show that you are afraid to go all the way to trial so they will do things to exploit that.

So going forward, I would change the tone a bit to seem cold and precise. That will scare them more.

Precise discovery answers and even better precise discovery.

You are out in the middle of the street now snatch up those heels and get to blazin' away

Merely my observation. And I don't think trying to frighten them away in the beginning is going to play well with the court. Expect to see this letter in court again.

[Seadragon]

REQUEST FOR ADMISSION NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff's Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

REQUEST FOR ADMISSION NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Response: Objection calls for conclusion, vague as stated, Lacks subject matter jurisdiction. As the style of plaintiff's complaint is vague and ambigous and the Subject Matter Jurisdiction is at issue, Defendant lacks information or belief in the truth of the allegation and on that basis and without waiving objections denies the Request for Admission No. 1

REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff's Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Response: Vague, ambigous, Asked and Answered, Calls for a conclusion, Compound, and is harrassing. Without waiving objection defendant states this requests an admission of a matter denied previously in defendants answer to the complaint and is thus improper as it has been asked and answered and is repetitive therefore defendant denies the allegation in Request for admission No. 2.

REQUEST FOR ADMISSION NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

Response: Objection Plaintiff has not defined responsibilities, obligation, or performed in it's petition which is vague, Calls for a conclusion, Ambigous, and asked and answered. Without waiving objection defendant states he/she cannot answer the request as stated because it is vague and ambigous. Defendant has previously denied the allegations of the complaint and therefore due to lack of information or belief in the truth of the allegations denies the Request for admission No. 3

REQUEST FOR ADMISSION NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Response: Objection Plaintiff has not defined obligation, Compound in form, vague and ambigous, Calls for a conclusion, asked and answered, repetitive. Without waiving objections defendant states he/she cannot answer the request as stated because it is vague and ambigous. Defendant has previously denied the allegations of the complaint and therefore due to lack of information or belief in the truth of the allegations denies the Request for admission No. 4

Those aught to do. They only sent them to get the allegations deemed against you if you don't answer. So as long as the responses cover the bases then you are good.

[sermonator]

Thanks for the recent weighing in. I sent yesterday as I posted here. We'll see what happens next.

[Seadragon]

Anyone care to run an eye over this?

DEFENDANT’S ANSWERS TO PLAINTIFF’S REQUESTS FOR ADMISSIONS, INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS

Comes now the Defendant, pro se, and answers Plaintiff’s Requests for Admissions, Interrogatories, and Request for Production of Documents:

DEFENDANT’S ANSWER TO PLAINTIFF’S REQUEST FOR ADMISSIONS

PLAINTIFF’S REQUEST FOR ADMISSION NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 1: Defendant’s name is XXXXXXX. Therefore: Admit.

PLAINTIFF’S REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff's Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 2: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of any account and/or alleged indebtedness associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S REQUEST FOR ADMISSION NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 3: Plaintiff alleges a debt by Defendant, but has failed timely to validate that alleged debt according to Sec. 809 ( of the Fair Debt Collection Practices Act, 15 USC 1692g, after such validation was requested by Defendant. Further, upon notification (both by letter and in Defendant’s Answer to Plaintiff’s Petition for Indebtedness) that Plaintiff had failed to validate the alleged debt and was therefore obligated by law to cease collection attempts against Defendant, Plaintiff has continued collection attempts, including but not limited to the lawsuit in which this Answer is provided. Defendant has no definitive knowledge of other ways in which the Plaintiff has performed or neglected its responsibilities as to the obligation alleged. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

PLAINTIFF’S REQUEST FOR ADMISSION NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DEFENDANT’S ANSWER TO REQUEST FOR ADMISSION NO. 4: The Plaintiff has not furnished the Defendant with definitive information upon which to form an opinion as to the nature of these payments and/or charges or as to whether this account and alleged indebtedness is associated with the Defendant or that a contractual obligation exists between Plaintiff and Defendant. If Defendant receives information in discovery sufficient to change this, Defendant reserves the right to amend his response. Therefore: Deny.

Precise and consise answers are preferred to long winding ones. The ones I did are short and interpose the objections then a straight to the point without adding stuff that they can use in court.

These answers are kinda dripping with venom and latter when you have their fat in the fire for bad acts during discovery they will trot these answers out and say him to him to.

Need to change the tone to a Mr. Spock style, it will leave them arguing up against a brick wall. If you interject your personality in your responses then they are going to argue against you not the brick wall.

[saytar]

Thanks for jumping in Sea and restructuring the response's. He was needing to get something in.

So I pulled up a case won in GA and tried (very late one nite) clean it up for him to use.

Glad you helped clean up!

My thanks