CN2Ride

Louisiana Midland Funding & Eaton group atty Need help with interrogatories

Recommended Posts

My discovery conference was scheduled for today. I called from five minutes before and ten minutes after and continued to get voicemail. I left two voicemails, recorded them, and took screen shots of my call log. How do I proceed from here? Do I try to reschedule or do I wait for them to email me again or send me a letter?

Share this post


Link to post
Share on other sites

Did you send a letter scheduling it for today?  How many days did you give them before you told them you would initiate a Rule 10.1 conference?  Did you call it a Rule 10.1 conference?

 

A Rule 10.1 conference is only needed if you need to file a Motion to Compel responses to discovery.   

Share this post


Link to post
Share on other sites

I sent a letter asking to schedule a 10.1 conference after a certain time. They emailed and set the day and the time. I have now received an email from the attorney apologizing and letting me know that she would call me tomorrow. I have asked for a lot of info that they have not provided. Specifically they have not given me anything from the original creditor,such as anything with my name and the account info or how they came up with the balanced owed. They also did not provide any letters sent by LVNV. Only one they sent to me. They also answered to see attachment for two questions where there was not an attachment that answered the question. It is getting very frustrating but I refuse to give up yet.

Share this post


Link to post
Share on other sites

After over a year from their last filing, they have now sent papers saying they plan to file a motion and memorandum for summary judgment if I do not return the consent judgment.  They have not provided all documents requested during discovery that was sent in November of 2012.  The answered many requests for proof of ownership with documents have been requested and will be provided if available.  The only document provided was an affidavit of indebtedness and ownership of the account by an operations specialist for a servicer for LVNV funding.  Nothing from Citibank, N.A.  How do I proceed since they have not provided the requested evidence that they own the account? 

Share this post


Link to post
Share on other sites

@jefrey98. It is really hard to help you as this thread was not started by you. I see where you have hijacked it a few pages back but the last entry is over a year ago. I think you would get better help if you start a new thread answering the questions pinned at the top of yhis forum, as not a lot of people will come into this one as it looks like it was started years ago. That being said you have had a lot of time to study and defend yourself. No one wins a lawsuit by sitting on it hoping it will go away.

If they didn't give you the documents you requested the remedy for that would have been a motion to compel. Read your rules and find out if your discovery period is over, if not, you may want to file a compel motion for the lack of docs you requested. This will help thwart their MSJ attempt, buying you a little more time to study.

You may also want to check your court rules on lack of prosecution. It's been over a year since any filing, you might see what the rules say about a dismissal. If you can file a motion to dismiss before they file for MSJ, you may again buy more time, or actually get it dismissed. You need to study, learn, and defend yourself, we can't advise you where to go when it is the 11th hour, you must be diligent

  • Like 1

Share this post


Link to post
Share on other sites

I will check the rules. I guess I expected there was a timeline they had to respond within and if they didn't, the case would be dropped. Therefore I wasn't going to harass them for answers, simply wait them out. I will see what I can find on abandonment time frames and at the very least attempt to file a motion to compel. Would scheduling a discovery conference to see if they have obtained the requested documents help or hurt at this point? Or could it at least buy time?

Share this post


Link to post
Share on other sites

your rules may require a meet and confer-which you can do as a letter to them, but if they don't don't bother.  not knowing a whole lot about what they have sent you, I can tell you if they did not give you a bill of sale for the account, along with an affidavidt to authinticate it, they would not prevail on a MSJ if you object.  If they do file an MSJ you will need to file a response to it disputing the evidence they do have. 

What does the affidavidt of indebtiness say? type it out, there has to be certain language for it to even try to be admissable.  Since a trial is not set, your discovery peroid may not be over.  I would 1. try and compel them for the things you asked for, and 2. send off a second discovery request for items you didn't ask for. 

They are not going to provide a contract, use of the card is the contract.

 

who exactly is suing you? Has there been more than one debt buyer?

Share this post


Link to post
Share on other sites

Plantiff's Affidavit of Indebtedness and Ownership of Account

 

I am an Operations Specialist for Resurgent Capital Services LP, servicer for LVNV Funding LLC (hereafter the "Plaintiff") and herby certify the following:

1.  I have personal knowledge regarding Plaintiff's creation and  maintenance of its normal business records, including computer records of its accounts receivables.  This information was regularly and contemporaneously maintained during the course of the Plaintiff's business.  I am authorized to execute this affidavit on behalf of the Plaintiff's business records.

2.  The records provided to Plaintiff's have been represented to include information provided by the original creditor and/or subsequent creditor.  Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number.

3.Based on the business records maintained on account XXXXXXXXXXXXXXXX (hereafter "Account") which are a compilation of the information provided upon acquisition and information obtained since acquisition, the Account is the result of the extension of credit to XXXXXXXXXXX on or about 9/4/2005 (the "Date of Origination").  Said business records further indicate that the Account was then owned by Citibank, N.A..  Citibank later sold and/or assigned Portfolio XXXXX to Plaintiff's assignor which included the defendant's account on 3/3/2010 (the "Date of Assignment").  Thereafter, all ownership rights were assigned to, transferred to and became vested in Plaintiff, including the right to collect the purchased balance owing of $4,535.74 plus any additional accrued interest.

4.  To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person.

5.  Based on information and belief and on the business records maintained with regard to the Account, the above stated amount is justly and duly owed by the Defendant to the Plaintiff exclusive set-offs and just grounds of defense.  Payments and credits to the account have been allowed.  Demand for payment was made at least thirty days ago.

6.  All documents attached hereto, if any, are true copies of the original, being a reproduction from records on file with the Plaintiff or as provided by the original creditor.

 

I affirm under penalty or perjury that the above facts are true and correct.  (Julie Olinger)

 

The forgoing affidavit was signed to an subscribed before me this Tuesday, November 13, 2012. (Notary Public)

 

 

 

I am being sued by Eaton group, attorney for LVNV Funding.  I have no idea if anyone owned it between them and Citibank.

 

The originally filed suit in December 2011, however for some reason I was not served until October 2012.  I was served with a request for admission of facts.  I sent them and filed answers to their account interrogatories as well as a request for production of documents on November 11, 2012.  They responded on December 10, 2012 and included the above affidavit as well as a letter they had sent me and I believe the credit card application and a statement.  I requested a 10.1 call to ask about the information they had not provided (mainly proof of ownership).  They had no additional answers other than they had requested the documents and would proved them if they received them.  On January 30, 2013 they sent a motion and memorandum for summary judgment that they intended to file in two weeks. That was the last I hear of them until last week when I received another, very similar, motion and memorandum for summary judgment that they plan to file in two weeks.  This time it was signed by a different attorney in the practice.

 

Any and all help is appreciated.  Do I now file a motion to compel them to produce the documents they say the requested?

Share this post


Link to post
Share on other sites

@jefrey98

 

It's better to have your own thread so that people won't confuse your details with the details of the original poster.  Please start your own thread by copying and answering the questions in the following link.  Also be sure to include what you wrote in your last post.

 

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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.