CN2Ride

Louisiana Midland Funding & Eaton group atty Need help with interrogatories

Recommended Posts

OK, First I would like to state my appreciation for how these forums have empowered me to take a stand against these low life criminals.

I was served with a petition, and request for admission of facts. Using very helpful information on this forum, I responded to those. I made sure my responses were filed with the clerk or court as well as mailed to them certified. I also sent Eaton 2 DV letters. They responded with a stack of credit card statements from Chase as well as an affidavit from some Midland employee that I am not familliar with. The Cover letter from Eaton Grp Atty stated "We have ordered the requested documentation from our client and will forward you a copy as soon as we receive it"

A few days later, 11/28/12, I received a "Request for payment arrangements" and a "Consent Judgement" for me to sign. as well as "Account Interrogatories" and "Domestic Interrogatories"

The 2 forms are as follows.

ACCOUNT INTERROGATORIES

1: The creditor indicates that the monthly statements itemized all purchases, payments, fees and credits and the creditor indicates a balance or $2,XXX.XX as of January 15,2012. Do your records refplect otherwise and if so, please describe.

2: The Creditor indicates that the monthly statement informed you of a right to dispute in writing within 60 days any listed purchase, payment, fee, or credit. The Creditor indicates no timely disputes. Do your records reflect otherwise and if so, please describe.

3: The creditor indicates that the monthly statement accurately reflect all purchase and fees. Do your records reflect otherwise and if so, please describe.

4: The creditor indicates that the monthly statement accurately reflect all payments and credits. Do your records reflect otherwise and if so, please describe.

5: The Creditor indicates that the credit terms are based on your agreement. You received the credit terms when the account was opened. Please fully describe and credit terms which you feel are not accurately reflected, detail the suggested accurate terms, and describe or attach any document which substantiates and agreement as to any different terms.

DOMESTIC INTERROGATORIES

1: What is the present name and address of each person to whom you have been marries

2: On what date were you marries, physically separated, and petitioned for divorce relative to each person to whom you have been married.

3: Why do you feel the community should not be held responsible for this obligation?

4: What community property did you retain after your marraige ended and what was the estimates value of the property on the date of the dissolution?

I have 2 questions,

1) Does anyone have suggestions on how to respond to these interrogatories? I have denied everything so far, and asked them to validate the account.

2) Do I need to file anything with the court denying the "Consent Judgement"? They sent this stuff to me regular mail, but the form appears to be one planned for filing with the court.

Any help would be greatly appreciated.

Share this post


Link to post
Share on other sites

I would object to the account rogs just to make them work. The form is compounded and assumes facts not in evidence, specifically that you HAVE any such records. Also, most rules require that any documents referenced be attached for your review. "The creditor indicates" is non specific, undefrined, and immaterial to the case, since the creditor is not suing you and the information they refer to was not provided. Therefore, no reasonable answer can be made at this time.

Answer the rest truthfully, if they do not apply to your situation say so. LA is a community property state.

Share this post


Link to post
Share on other sites

Sorry for not reading that info before posting. Here are the details.

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.) Eaton Group Attorneys LLC of Baton Rouge, LA

3. How much are you being sued for? $2,584.44 plus 4% interest from January 2010 along with 25% attorney fees

4. Who is the original creditor? (if not the Plaintiff) Chase Bank

5. How do you know you are being sued? (You were served, right?) Served by St. John Parish 40th district court.

6. How were you served? (Mail, In person, Notice on door) Sheriff Deputy showed up at the door

7. Was the service legal as required by your state? As far as I can tell, Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?None, I sent 2 DV Letters to Eaton Group Atty after being served

9. What state and county do you live in? St. Charles Parish, Louisiana

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, but one of the responses to my DV included a screen shot of some type of account summary, there is a line item that says "LPMT" To me that means last payment and the date next to it is 06/24/2009 for $168.00

11. What is the SOL on the debt? 3 Years

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). After being served with the Petition and request for admission of fact I used helpful info from this site to respond and filed the papers with the courts as well as send a certified copy to them. Last week I received the request for interrogatories and the consent judgement

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Original creditor shows the debt as being charged off, Midland shows it as collection on my credit report. I have disputed with all 3 Credit reporting Agencies

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.Fully aware of that now, but I did send them 2

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? The last request (Account & Domestic interrogatories 15 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is an affadavit from what looks like an employee of Midland. They also sent a stack of CC statements from Chase, the earlier mentioned screenshot of an account summary, and what they called a validation letter. All it has was the original creditor, amount owed, and the account number

Share this post


Link to post
Share on other sites

You need to find out the date of last payment.  Contact your bank and get copies of your bank statements for the months surrounding the date you believe the last payment was made. 

 

If this account is outside the SOL, did you use that affirmative defense in your answer?  Have you sent your own discovery requests?

Share this post


Link to post
Share on other sites

I have not filed my own discovery requests yet. Should I do that when I file my answers to the interoggatories? What should I ask them for? Also. I will check bank records to see when that last payment was made.

Share this post


Link to post
Share on other sites

As far as the domestic rogs go ,,,objection,, relevancy, will not lead to any discoverable facts .Plaintiff has not otherwise made a showing of a compelling need for such information. The Plaintiff is on a fishing expedition.

 

Here is the legal definition of a fishing expedition

A speculative demand for information without any real expectation about the outcome of the demand or its relevance to the litigation.

 

A question posed to the other party in a law suit upon which the questioner on matters that appear to be irrelevant and with no known basis of fact but which he hopes the answer to which may assist the questioner in their case.

 

The term fishing expedition has been generally used to describe an indiscriminate request for production, in the hope of uncovering helpful information.

 

Ligatt Security International, Inc. v. John Does 1-25,Based on the foregoing, the Court finds that, by improper conduct including, without limitation, the issuance of illegal subpoenas, Plaintiffs unnecessarily expanded this proceeding, which was itself initiated and conducted without substantial justification, for the purposes of harassment, and as part of an illegal discovery fishing expedition.

Share this post


Link to post
Share on other sites

Does Midland own this debt or are the just the collection agency for chase.?

 

It makes a big difference in how you answer

Share this post


Link to post
Share on other sites

Midland is the owner of the debt. They are suing me via Eaton group attorneys in baton rouge LA. What type of documents should I request in discovery?

Share this post


Link to post
Share on other sites

OK,  Here is what I typed of for the response to the Domestic interrogatories.   Still working on the Account interrogatories.  Suggestions? 

 

 

Midland Funding LLC                                                                Number: XXXXXX

Versus                                                                                     40th Judicial District Court

XXXXXXXXXXXXXXXXX                                                              Parish of St. John the Baptist

                                                                                                State of Louisiana 

                        DEFENDANT'S RESPONSE TO DOMESTICS INTERROGATORIES

Defendant, XXXXXXXXXXXX, named Defendant in the above-entitled and numbered cause, and files this Response to plaintiff’s domestic interrogatories, and shows the Court: 



I.  Objection,, relevancy, will not lead to any discoverable facts .Plaintiff has not otherwise made a showing of a compelling need for such information. The Plaintiff  is on a fishing expedition.

 

II.  Objection,, relevancy, will not lead to any discoverable facts .Plaintiff has not otherwise made a showing of a compelling need for such information. The Plaintiff  is on a fishing expedition

.

III.  Objection,, relevancy, will not lead to any discoverable facts .Plaintiff has not otherwise made a showing of a compelling need for such information. The Plaintiff  is on a fishing expedition.

 

IV.  Objection,, relevancy, will not lead to any discoverable facts .Plaintiff has not otherwise made a showing of a compelling need for such information. The Plaintiff  is on a fishing expedition.

 

 

                                                    CERTIFICATE OF SERVICE



I certify that on 12/XX/2012 a true and correct copy of Defendant's response to domestic interrogatories was sent to the opposite party via certified mail. 



 

 

Share this post


Link to post
Share on other sites

What do the statements show?  Charges and payments?  If so, are they yours?

Share this post


Link to post
Share on other sites

OK, First I would like to state my appreciation for how these forums have empowered me to take a stand against these low life criminals.

I was served with a petition, and request for admission of facts. Using very helpful information on this forum, I responded to those. I made sure my responses were filed with the clerk or court as well as mailed to them certified. I also sent Eaton 2 DV letters. They responded with a stack of credit card statements from Chase as well as an affidavit from some Midland employee that I am not familliar with. The Cover letter from Eaton Grp Atty stated "We have ordered the requested documentation from our client and will forward you a copy as soon as we receive it"

A few days later, 11/28/12, I received a "Request for payment arrangements" and a "Consent Judgement" for me to sign. as well as "Account Interrogatories" and "Domestic Interrogatories"

The 2 forms are as follows.

ACCOUNT INTERROGATORIES

1: The creditor indicates that the monthly statements itemized all purchases, payments, fees and credits and the creditor indicates a balance or $2,XXX.XX as of January 15,2012. Do your records refplect otherwise and if so, please describe.

Objection: Burden of proof rests with the Plaintiff, cardholders cannot be expected to know whether the information in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed to the amount claimed is correct.” Id., at 80. In such a consumer credit case, there must be factual allegations that the cardholder agreed to pay the amount alleged to be due, and these factual allegations must be more than mere silence or the cardholder’s failure to object.“

Target National Bank v. Samanez, Nos. AR07-009777 and AR06-009418, 156 P.L.J. 76 (Allegheny Cty. C.P. December 26, 2007)

2: The Creditor indicates that the monthly statement informed you of a right to dispute in writing within 60 days any listed purchase, payment, fee, or credit. The Creditor indicates no timely disputes. Do your records reflect otherwise and if so, please describe.

Objection same as number 1

3: The creditor indicates that the monthly statement accurately reflect all purchase and fees. Do your records reflect otherwise and if so, please describe.

Objection: same as number 1

4: The creditor indicates that the monthly statement accurately reflect all payments and credits. Do your records reflect otherwise and if so, please describe.

Objection: same as number 1

5: The Creditor indicates that the credit terms are based on your agreement. You received the credit terms when the account was opened. Please fully describe and credit terms which you feel are not accurately reflected, detail the suggested accurate terms, and describe or attach any document which substantiates and agreement as to any different terms.

Objection: Burden of proof rests with the Plaintiff, the only way these allegations can be proven is for the Plaintiff to produce a contract signed by the defendant that sets forth these allegations.

DOMESTIC INTERROGATORIES

1: What is the present name and address of each person to whom you have been marries

Objection: relevancy

2: On what date were you marries, physically separated, and petitioned for divorce relative to each person to whom you have been married.

Objection: relevancy

3: Why do you feel the community should not be held responsible for this obligation? Objection:  vague, speculative, will not lead to any other discoverable evidence.

4: What community property did you retain after your marraige ended and what was the estimates value of the property on the date of the dissolution?

Objection: relevancy

I have 2 questions,

1) Does anyone have suggestions on how to respond to these interrogatories? I have denied everything so far, and asked them to validate the account.

2) Do I need to file anything with the court denying the "Consent Judgement"? They sent this stuff to me regular mail, but the form appears to be one planned for filing with the court.

Any help would be greatly appreciated.

Share this post


Link to post
Share on other sites

I don't understand the purpose of case law in response to the interrogatories.

Share this post


Link to post
Share on other sites

Ok,  When filing my answers to their interogs, I plan to file my own as follows.  This pertains to an Affadavit that they sent me along with a stack of Chase credit card statements.  Does this look acceptable?  

 

 

COMES NOW, Defendant XXXXXXXXX in the above styled action, and serves these Interrogatories.
DEFINITIONS
1. "Plaintiff", or "you" or "your" or "yours" shall refer to and include Plaintiff, as well as agents, servants, employees, associates, investigators, attorneys, representatives, shareholders, directors, officers and all others who may have obtained information for or on behalf of those named above.

2. "Identify" or "state the identity of":

2.1. When used in reference to a natural person means: that person's full name, present or last known business and residence address, present or last known business and residence telephone number, present or last known occupation, employer, and position and that person's occupation or position during the time relevant to the particular interrogatory.

2.2. When used in reference to an entity means: its full and complete name, its type of entity (i.e., corporation, partnership, unincorporated association, trade name, etc.), the location of its principal place of business, its mailing address, and its telephone number.


2.3. When used in reference to a document means: a description of the type of document, the identity of the person or persons who authored, prepared, signed, and received the document, the date, title, and general description of the subject matter of the document, present location or custodian of the original and each copy of the document, the identity of any persons who can identify the document, and if a privilege is claimed, the specific basis for such claim, in addition to the information set forth above.


3. The word "document" is used herein in its broader sense to mean every book, document or other tangible thing, including without limitation the following items, whether printed, typed, recorded, photographed, filmed or reproduced by any process, namely: agreements, communications, letters, memoranda, magnetic tapes, computer readable material, business records, notes, reports, photographs, and/or summaries of investigations, drawings, corporate records, desk calendars, appointment books, and any other information containing papers, writings or physical things.

 

4. The word "describe", used in connection with any act, occurrence, or physical facts, shall include but not be limited to the following: the identity of every person known to have been involved in or to have witnessed the act or occurrence, the date or dates of any such act or occurrence, and a description of any documents, records, or things documenting or involved in such act, occurrence, or fact.

5. The word “Incident” shall mean the facts and circumstances set forth in the Complaint giving rise to this action.

 

Share this post


Link to post
Share on other sites

INTERROGATORIES

 You are required to answer to the following interrogatories separately and fully in writing pursuant to the Louisiana Civil Code of Procedure within 15 DAYS  your responses upon counsel for all parties. 

These interrogatories are continuing and if at any time after you have answered these interrogatories, new or additional information responsive to any of these interrogatories comes to your attention, you are required to furnish such new or additional information to this propounding party and serve upon all counsel for all parties supplemental answers to these interrogatories in accordance with the provisions of Louisiana Code of Civil Procedure..

These interrogatories, and answers hereto, are to include and are to be based upon, information in the possession of or gathered by you, your agents, servants, representatives, investigators, attorneys, and all other persons who have investigated or gathered information at your request or on your behalf.

You are advised that the propounding party understands the attorney client privilege and the attorney work product privilege. The propounding party is not seeking information which is truly attorney client or attorney work product privileged. However, your response will be considered insufficient and a motion to compel will be filed if you respond generally that the information sought is attorney client or attorney work product privileged.

If in response to a particular interrogatory or request there is some information which is privileged and some information which is not privileged a general objection is not acceptable. The propounding party is seeking only non-privileged information and documents.

You are requested to respond to the following interrogatories:
Identify the individual executing the Verification of the responses to these interrogatories and identify all individuals who assisted in providing any information concerning or relating to your answers to these interrogatories.

Objections to all or any portion of an interrogatory shall be set forth with specificity sufficient to allow the party propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, all other information not within the scope of said objection shall be provided.

 

                                                            1                                  

Midland Funding LLC                                                                Number: XXXXXX

Versus                                                                                     40th Judicial District Court

XXXXXXXXXXX                                                                          Parish of St. John the Baptist

                                                                                                State of Louisiana 

AFFIANT INTERROGATORIES PAGE 1


1. Please explain and define the term “Legal Specialist” Please identify the scope of the authority and responsibilities conveyed by this title?

2. Please identify your function as the person signing the documents, and identify the basis of your personal knowledge. Do you use any other titles in the course of signing documents? If yes please identify the titles and purpose of using multiple titles.

3. Please identify your employer of record as evidenced by the entity that issues your paycheck. Please explain who has authorized you to make the affidavit and who has requested the affidavit that was provided and the dates of those requests.

4. Do you personally enter information into the fields in the software to generate the affidavit or do you simply pick up the preprinted affidavits to sign. Please explain the process in detail.

5. How many affidavits do you prepare and sign in a normal workday? How many Affidavits did you sign on May 2nd, 2012?

6. Do you have authorized access to original documents within Chase Bank U.S.A? Identify the person(s) who conferred that authorization upon you.

7. Did you as the Affiant physically retrieve the records which you have provided as evidence? Please explain how you access documents used in verification and preparation of the affidavit.

8. For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.

 

Share this post


Link to post
Share on other sites

AFFIANT INTERROGATORIES PAGE 2

9. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered.

10. For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document.

11. Please identify what documents were provided directly by you in addition to the affidavit and the dates those documents were provided. Did you attach the aforementioned documents to the affidavit?

12. Please identify how the affiant came to know the facts included in the affidavit, how the affiant knows the documents attached to the affidavit are authentic and/or admissible under the business records rule.

13. Please explain the process and procedure to access the records used to verify the accounts you provide affidavits for. Where are these documents kept in relation to the location of your office? Are files brought to you or do you have to retrieve them yourself?

14. How often have you discovered errors while reviewing records and do you correct errors when discovered? If you do not correct them please identify the process for the correction of errors. 

Share this post


Link to post
Share on other sites

You need to check your rules.  I'm not sure you can send discovery requests to the affiant because that person is not a party to the action.  You might have to reword them.

 

 

2. Please identify your function as the person signing the documents, and identify the basis of your personal knowledge. Do you use any other titles in the course of signing documents? If yes please identify the titles and purpose of using multiple titles.

 

Instead you might make requests to the plaintiff regarding the affiant.:

 

Please describe the duties of  _______________(name of affiant) and the basis of his/her personal knowledge that was referenced in the affidavit signed by Affiant.  (I assume the affiant stated that he/she had personal knowledge?)

 

Identify any titles other than Legal Specialist assigned or designated to ____________________.

 

Something like that.

Share this post


Link to post
Share on other sites

ACCOUNT INTERROGATORIES

1: The creditor indicates that the monthly statements itemized all purchases, payments, fees and credits and the creditor indicates a balance or $2,XXX.XX as of January 15,2012. Do your records refplect otherwise and if so, please describe. Objection: cardholders cannot be expected to know whether the information in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed to the amount claimed is correct.” Id., at 80. In such a consumer credit case, there must be factual allegations that the cardholder agreed to pay the amount alleged to be due, and these factual allegations must be more than mere silence or the card holder’s failure to object.“ Target National Bank v. Samanez, Nos. AR07-009777 and AR06-009418, 156 P.L.J. 76 (Allegheny Cty. C.P. December 26, 2007)

2: The Creditor indicates that the monthly statement informed you of a right to dispute in writing within 60 days any listed purchase, payment, fee, or credit. The Creditor indicates no timely disputes. Do your records reflect otherwise and if so, please describe.

Objection: cardholders cannot be expected to know whether the information in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed to the amount claimed is correct.” Id., at 80. In such a consumer credit case, there must be factual allegations that the cardholder agreed to pay the amount alleged to be due, and these factual allegations must be more than mere silence or the card holder’s failure to object.“ Target National Bank v. Samanez, Nos. AR07-009777 and AR06-009418, 156 P.L.J. 76 (Allegheny Cty. C.P. December 26, 2007)

3: The creditor indicates that the monthly statement accurately reflect all purchase and fees. Do your records reflect otherwise and if so, please describe. Repetitive

4: The creditor indicates that the monthly statement accurately reflect all payments and credits. Do your records reflect otherwise and if so, please describe. Objection: same as number 1 and 2

5: The Creditor indicates that the credit terms are based on your agreement. You received the credit terms when the account was opened. Please fully describe and credit terms which you feel are not accurately reflected, detail the suggested accurate terms, and describe or attach any document which substantiates and agreement as to any different terms. Burden of proof rests with the Plaintiff, plaintiff is relying credit terms Plaintiff should produse those terms and prove the defendant agreed to them.

DOMESTIC INTERROGATORIES

1: What is the present name and address of each person to whom you have been marries

2: On what date were you marries, physically separated, and petitioned for divorce relative to each person to whom you have been married.

3: Why do you feel the community should not be held responsible for this obligation?

4: What community property did you retain after your marraige ended and what was the estimates value of the property on the date of the dissolution?

I have 2 questions,

1) Does anyone have suggestions on how to respond to these interrogatories? I have denied everything so far, and asked them to validate the account.

2) Do I need to file anything with the court denying the "Consent Judgement"? They sent this stuff to me regular mail, but the form appears to be one planned for filing with the court.

Any help would be greatly appreciated.

Share this post


Link to post
Share on other sites

So I should word each question to be directed at the plantiff asking information about the affiant?  

 

Example:  4. Does the affiant enter information into the fields in the software to generate the affidavit or does he/she simply pick up the preprinted affidavits to sign. Please explain the process in detail.

 

                 5. How many affidavits does the affiant prepare and sign in a normal workday? How many Affidavits did He/She sign on May 2nd, 2012?

 

                 6. Does the affiant have authorized access to original documents within Chase Bank U.S.A? Identify the person(s) who conferred that authorization upon the affiant.

Share this post


Link to post
Share on other sites

That's what I would do.  But check your rules.  As far as I know, you can only send discovery requests to the parties named in the suit.

Share this post


Link to post
Share on other sites

So I should word each question to be directed at the plantiff asking information about the affiant?  

 

Example:  4. Does the affiant enter information into the fields in the software to generate the affidavit or does he/she simply pick up the preprinted affidavits to sign. Please explain the process in detail.

 

                 5. How many affidavits does the affiant prepare and sign in a normal workday? How many Affidavits did He/She sign on May 2nd, 2012?

 

                 6. Does the affiant have authorized access to original documents within Chase Bank U.S.A? Identify the person(s) who conferred that authorization upon the affiant.

 

The plantiff is going to be at your hearing? How can the attorney answer for the affient? That would be 3rd person testimony, with no personal knowledge of the affient or the everyday activities of the affient, and the very strict definition of hearsay.

 

These are the type questions you need to ask the affidavit in court not the plaintiff's attorney. As the affient probably won't be there then put the document in the witness chair, so to say, to answer and grill it, be prepared with good valid questions. If it doesn't answer your request for admissions question's then tell the court you deem them admited, and it appears the affidavit and affient knows nothing to authenticate the content or methods of knowledge of the OC and, MOTION TO STRIKE  THE AFFIDAVIT YOUR HONOR , lacks relavence..................................LOL

Share this post


Link to post
Share on other sites

I don't understand the purpose of case law in response to the interrogatories.

i was not telling them to use those in a response,, was giving her some case law that explains why it should be denied.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.