SickofdebtSLC

Responding to a Discovery request from Midland Funding in UT

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From reading forums here I was able to respond to the initial Complaint (from Midland funding via Johnson & Mark) but I'm getting a bit lost on how to respond to the Discovery request and how to send my own Discovery request back. I'm definitely not a lawyer and I can't afford one either. Any help someone could provide would be met with extreme gratitude!

If I calculated correctly I have until 12/4 to respond to the following discovery requests:

They are requesting 6 years worth of bank records.

Any and all paperwork regarding debt. Correspondence, communications, receipts etc. As well as anything I plan to use as evidence or exhibit.

They also have a nice page long section of Admissions that are just trying to get me to admit to the debt.

I'm starting to think I'd rather just settle (they are suing for $3300.00/original purchase amount was $1600.00 and then paid on for 2 years) because I'm worried that I won't be able to win in court by myself but I want to know my options and I really can't afford to pay the full amount.

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I'm starting to think I'd rather just settle

Let me know if/when that option is so far out of your mind it's not even an option. If that is an option then the time and effort to answer and send discovery will just be wasted going over with you. It's not rocket science but it's a lot of work also. However, it's not near as easy as picking up the phone and saying I'll give you a grand, Midland saying okay, and you cutting a check.

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What he said. A good number of our posters settle with Midland, but the poster gets the check, not Midland. Answer the 20 questions, Racecar posts them all the time. Also post the discovery requests, but only if you want to fight them. They are relatively easy to beat.

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Keep your head up Sickofdebt. You've got two of the best looking to help you. Get ready for a long fight but know that you can do it. Don't quit.

:boxing:

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I think the only reason I starting considering settlement is because I called a Lawyer for a consult and he said you can't win against Johnson Mark. Either file for Bankruptcy or Settle for at least 80% (which I find ridiculous since the debt is almost 4 years old). That's why I decided that instead of going through and re-reading all of the threads already going (I've read a ton!) I would try and get some opinions to see if I can win aka not lose. It's not outside SOL (last payment was 3/26/09) and though I'm an intelligent person legalese is not my forte.

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I think the only reason I starting considering settlement is because I called a Lawyer for a consult and he said you can't win against Johnson Mark.

What lawyer did you call? This guy is bursting with confidence.

::BigBaby::

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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.) Johnson and Mark LLC

3. How much are you being sued for? 3280.00

4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services (CIT Group)

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

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? A letter from the Attorney stating that they were going to be taking legal action on behalf of Midland funding. I immediately sent a Debt validation letter and then was served 2 weeks later.

9. What state and county do you live in? UT. Salt Lake county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3/26/09

11. What is the SOL on the debt? To find out: I believe 4 years but a Lawyer tried to tell me 6

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I received Discovery requests stamped 11/8

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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. Yes I did

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? I already responded to the Complaint.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

They attached a statement to the Discovery documents

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I called a Lawyer for a consult and he said you can't win against Johnson Mark.

No, he meant to say HE couldn't beat Johnson Mark. This guy should be disbarred. After you beat Johnson Mark, go back to his office and see what he has to say. Bet he won't even agree to see you. KentWA will tell you about Johnson Mark. Bet he doesn't say you can't win, probably has one of their scalps on his bridle.

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No, he meant to say HE couldn't beat Johnson Mark. This guy should be disbarred. After you beat Johnson Mark, go back to his office and see what he has to say. Bet he won't even agree to see you. KentWA will tell you about Johnson Mark. Bet he doesn't say you can't win, probably has one of their scalps on his bridle.

Lol that would be awesome. He was kind of a jerk.

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I would rather fight and lose then just hand any JDB attorney what they want.

I am in the middle of the same thing you are and its scary and sometimes it seems easier to just settle but with the help of people like Coltfan, Bruno and KentWA you will be more prepared to try your best to get this to go away.

what is it with lawyers giving the worst advice when it comes to these type of lawsuits? I had a guy tell me that JDB cases are usually open and shut they always have all the paperwork they need and will use it against you, he also told me that credit card contracts were 6 years no matter what and that I was way off base trying to use the 4 year law. When I told him I was being sued in the district court and not small claims he said I was wrong there is no way they would do that.

I hung up.

Edited by NiceGuyUT

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what is it with lawyers giving the worst advice when it comes to these type of lawsuits?

No experience. They want something easy, where they can make a huge score without doing any work.

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He kept talking about Bankruptcy and paying him 500.00 to "try" and get a settlement of 2000.00. I mentioned that I found (read this forum) some people that had fought and won.... He said that you guys were probably lying.

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He kept talking about Bankruptcy and paying him 500.00 to "try" and get a settlement of 2000.00. I mentioned that I found (read this forum) some people that had fought and won.... He said that you guys were probably lying.

You tell that sack of dung to sign up on this site. Then contact me and I'll put up 1K to his 100.00 and provide him with federal court, state court, and other "official" documents that he can shove up his a$$.

I'm not an attorney and I know there are some on this board, and I have to think lazy, loser mentalities like this slob has must just tick off hard working lawyers.

I've met those type of lawyers many times. They are usually on the other side of the courtroom at the trial or hearing with this look on their face :shock: then this look :evil: and then when they walk out with their tail between their legs like a whipped dog, this look :oops:

Don't let this loser intimidate you. He is looking for a quick buck and probably throws old ladies out of the way to steal their motorized cart at Wal-Mart so he does not have to walk the aisles because he is so damn lazy.

Honestly, thank God for sorry lazy mornons like this guy. Generally speaking they are working for our opponents and they learn real quick the meaning of "humiliated by a hard working pro-se"

Give that piece of garbage the link to this thread or email it to him and tell him :thefinger::thefinger::thefinger: from me. I'd love to go up against that lazy loser anytime.

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Let's see those admissions or any other discovery before coltfan bursts a blood vessel. Haha

Let's see what you've got. Their requests for admissions will usually tell you what they have too. If they're asking you for it, they most likely need it.

Roll up your sleeves and let's get to work.

:boxing:

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Production request:

1. Any documents that relate or refer to the Plaintiff’s claims or your defenses in this Action, including but not limited to the following: any letters, emails, faxes, communications, notices agreements, applications, statements, receipts, proofs of payment, check stubs, or other documents relevant to this Action or this Account.

2. The last six years of Bank statements from all financial institution that you have used or where you have an account.

3. Any communications and correspondence with anyone related to this Action or this Account, including but not limited to CITIBANK, Plaintiff, third-parties, any fact witnesses, expert witnesses, professionals, (whether they have been retained to testify or not).

4. Any documents you may present as evidence or exhibits in a trial of this Action, including without limitation, any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action any documents relating to any witness you intend to call at trial.

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Requests for Admission:

1. Admit you entered into a contract with CITIBANK thereby agreeing to pay for the balance on the Account.

2. Admit that you used, or authorized the use of, the Account to obtain goods, services, or money.

3. Admit that you did not dispute, within 60 days and in writing any item in the periodic written statements sent to you regarding this Account.

4. Admit you failed to make all payments pursuant to the terms of the contract.

5. Admit Defendant is indebted to CITIBANK and its subsequent assignee, the Plaintiff, for the Account Balance as defined above with interest at the rate of 10%.

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Production request:

1. Any documents that relate or refer to the Plaintiff’s claims or your defenses in this Action, including but not limited to the following: any letters, emails, faxes, communications, notices agreements, applications, statements, receipts, proofs of payment, check stubs, or other documents relevant to this Action or this Account.

Defendant does not have any documents at this time. Defendant is still in discovery at this time and will make plaintiff aware if after discovery the information requested is available..

2. The last six years of Bank statements from all financial institution that you have used or where you have an account.

Objection: This request is improper as it is not relevant to this case.

3. Any communications and correspondence with anyone related to this Action or this Account, including but not limited to CITIBANK, Plaintiff, third-parties, any fact witnesses, expert witnesses, professionals, (whether they have been retained to testify or not).

Not at this time. Defendant is still in discovery and will make plaintiff aware if after discovery the information requested is available..

4. Any documents you may present as evidence or exhibits in a trial of this Action, including without limitation, any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action any documents relating to any witness you intend to call at trial.

None at this time. Defendant is still in discovery and will make plaintiff aware if after discovery the information requested is available.

Someone may want to clean this up a bit but you get the idea. Don't give them anything.

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For his response to requests for production of documents numbered one through four, defendant states as follows: After a diligent search, defendant does not have any of the materials requested. Defendant will amend as necessary per the rules of procedure.

For his response to requests for admissions numbered one through five, defendant states as follows: Defendant expressly denies all requests and leaves the plaintiff to his proof.

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

They attached a statement to the Discovery documents

What kind of statement? A copy of the OC's credit card statement or a summary created by Midland?

2. The last six years of Bank statements from all financial institution that you have used or where you have an account.

Objection: This request is improper as it is not relevant to this case.

Actually this is relevant because Midland can motion to compel the bank statements in order to show that the defendant made payments to Citibank.

I'd state that the request is overly burdensome. However, Defendant is searching his records.

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What kind of statement? A copy of the OC's credit card statement or a summary created by Midland?

It looked like a printed copy of an electronic file from Dell with a summary of all payments and charges.

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Are CIT Group and Citibank the same company? Are they related? What name is on the billing statements? Dell, CIT, or Citibank?

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