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jlf2

Midland Funding / Johnson Mark CC...Request for Docs / Amission

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Thanks for all of the many people on the board who have taken the time  to help others and hopefully myself with this case against these Junk Bond Collectors. I was embezzled from by my former business partner & sued myself into debt before realizing the lawyers were the only ones winning that battle. Never had a late in my life 40 years until that ordeal;) Anyway, here's my info:

 

1. Who is the named plaintiff in the suit? Midland Funding LLC

 

2. What is the name of the law firm handling the suit? Johnson and Mark LLC

 

3. How much are you being sued for? $946X.xx charged off; plus accrued interest of $730 since 4/30 and accruing at 10%; plus $775 attorney fees

 

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

 

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 at home

 

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? Don't recall any correspondence, but I rarely look at the collection letters mailed because I cannot settle or do anything now. Since the first summons, Johnson Mark has evidently bought a 2nd credit card debt (Capitol One)of $60XX.00 and sent me a letter to collect

 

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

 

10. When is the last time you paid on this account? 9-20-11

 

11. What is the SOL on the debt? I believe 4 years

 

12. What is the status of your case? Suit served? Motions filed? Answered Initial Summons (with help from CIC); Need to respond to Plaintiffs request for Production of Docs / Admission

 

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

 

14. Did you request debt validation before the suit was filed? No. Didn't know to at that time.

 

15. How long do you have to respond to the suit? 28 days from 11/23/12 on discovery response.

We need to know what the "charges" are. Please post what they are claiming.  That I signed & entered into a contract & defaulted on the obligation

 

Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet

 

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 about 12 months worth of statements, a list of "may call" fact witnesses, & of course, no contract was submitted

 

I have readied my responses according to information gathered on this forum:

 

Request for Docs:

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.

Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 

 

2. The last six (6) years of Bank statements from all financial institution that you have used or where you have an account.

Answer: Request seeks documents that are irrelevant and are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 

 

3. Any communication(s) and correspondence(s) 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).

Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information 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 and any documents relating to any witness you intend to call at trial.

Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 

 

Admissions:

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

Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny.

 

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

Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny.

 

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

Answer: Defendant expressly denies. Defendant requested Validation of debt within 30 days of first letter received and litigation requests followed shortly thereafter giving Defendant no time to dispute the allegations contained therein.

 

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

Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny.

 

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 10.00%

Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 

 

Let me know if  there are any suggestions here, but my main questions are: (1) Do I submit my "Defendants Request for Production of Documents & Admissions now too? (2) i've read that I should do an "Initial Disclosures" when answering the complaint, but I didn't know it then. It is suggested that I list Midland Funding's custodian of record as a witness on this. Can I submit it now with my response to "request for Docs / Admission"? (3) Should I submit interrogatories now? When? (4) How about "An objection to the Complaint"?  I've read and understand how to do many of these things somewhat thus far, but I do not know when or if some are necessary at this point.

 

Thanks again!

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1. Yes

2.yes file disclosure with the court.

3. yes

4. all of us object to the complaint, but they are allowed to complain.

 

search for discovery requests by legaleagles they are good ones

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Thanks BG. I appreciate the quick reply. I think on #4 I meant a 'motion to dismiss'. Should that be a separate letter or part of this reply?

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A couple more questions. I have a couple more days to submit my responses and i have my answers for POD's and admissions ready. I'm not sure how or in which document to call as a potential witness Midland Funding's Custodian of Records. Is there a template for this somewhere?

 

Also, in researching affirmative defenses, I saw where the Utah Usury laws (reference here) states "If the interest rate on a personal loan is substantially above the 10% level, courts in the State of Utah more often than not will completely strike the loan agreement down as void and unenforceable. Such a personal loan agreement will be considered an illegal loan." I didn't list usury as an affirmative defense in my initial response to the summons, however they just submitted the last years worth of statements and learned that they all charge 29.99% interest and would likely be considered illegal in utah. Should i add this defense now (if so, how?) or wait until I file a motion to strike or dismiss?

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I don't know. I've had it for a long time.

Check your credit report, if you had it when they had Jams as an arbitration choice you may try that route. I knocked out JM with arb election.

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I don't know. I've had it for a long time.

Actually looked it up on my CR and it has been reported for 81 mnoths, so almost 7 years ago.

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I have a Chase 2005 agreement with JAMS. Hav you read the arbitration thread? This may be a way to put a stop to the whole mess.

I had a case with Cap One, not even a JDB and JM were the lawyers, I was able to get the case stopped with the court and Cap One never innitiated, the case was dropped 6 months later.

Read this thread.
 

http://www.creditinfocenter.com/community/topic/309878-the-cost-strategy-of-arbitration-and-why-it-works-for-the-consumer/

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