Midland ---Discovery, Admissions

[Sunshine in TX]

20 ANSWERS .... HELP W/ ADMISSIONS - COLLIN COUNTY TX

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1. MIDLAND FUNDING LLC

2. FULTON FRIEDMAN & GULLACE (JOHNETTA LANG)

3. $5,971.06

4. BENEFICIAL

5. SERVED

6. IN PERSON

7. YES

8. MCM SENT A LETTER (THEY INCLUDED IN SUIT)

See attached...

9. COLLIN COUNTY, TEXAS

10. 03/09

11. 4 YEARS

12. SUIT SERVED, ANSWER FILED

13. IT WAS DISPUTED WITH CREDIT BUREAUS AND ORIGINAL CREDITOR

14. NO

15. I FILED AN ANSWER & AFFIRMATIVE DEFENSES…

I HAVE UNTIL 11/29 TO SEND ANSWERS TO ADMISSIONS AND ANY REQUESTS TO THEM

16. AFFIDAVIT, PROMISSARY NOTE, TRUTH IN LENDING DISCLOSURES, LETTER FROM MCM

Here is my questions - I filed an answer, I sent Response to their Request for Admissions and Discovery. (They send discovery & admissions in 1 letter)

Now, I can send my requests for discovery to them? Do I have to send discovery and request together or can they be separate.

I can request what documentation they have that they actually own this account and not the 3 others that had it before?

Do they not have to prove that they own it? I would like to show they do not have standing to sue me.

If they do not respond, then what do I do?

[Flyerfan]

Let's not worry about whether they respond or not yet. You can file for discovery now. Coltfan1972 has some great requests for admissions. Check under his threads.

You can also send a request for production of documents. They can be sent together or separate.

Great templates on this site. Just make sure you don't copy and paste. Make them fit your specific case.

File them with the court and send a copy via certified mail to the attorney. Then mark your calendar to make sure they answer on time.

[Flyerfan]

Do they not have to prove that they own it? I would like to show they do not have standing to sue me.

They absolutely have to prove their standing. That is what discovery is for. To see if they have any. I doubt they can prove it but you've got to go through the process. It's a long road.

[BV80]

I can request what documentation they have that they actually own this account and not the 3 others that had it before?

What 3 others that had it before? Midland's not the first JDB to claim to have purchased the account?

[Sunshine in TX]

Sentry Credit had first 06/2010

RAB (Regional Adjustment Bur) had 08/2010

First Financial Asset Mgmt had 01/2011

Then MCM 05/2012

[Flyerfan]

Sentry Credit had first 06/2010

RAB (Regional Adjustment Bur) had 08/2010

First Financial Asset Mgmt had 01/2011

Then MCM 05/2012

That's going to be a fun one. You think they'll bring 4 witnesses to testify to record keeping for that mess?

Midland probably paid $10 for this account by the time it trickled down to them. Show a little fight and they'll drop it.

[BV80]

You can request any documentation that allegedly proves the plaintiff's claim of ownership.

Regarding those 3 other entities, you need to make sure they are JDBs. Just because a company collects debts doesn't mean they've purchased the debt. A traditional collection agency doesn't purchase debts. It is contracted by a creditor to collect for the creditor.

One or more of the 3 companies could be merely a collection agency who was collecting for the OC.

[BrunoTheJDBkiller]

Sentry Credit

Collection agency. Sentry Credit, Inc ? Recovery Specialists

Regional Adjustment Bureau

Collection Agency. Welcome to Regional Adjustment Bureau!

First Financial Asset Mgmt

Does both. Check into this. FFAM: Services