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Shafee

Being sued by Midland

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Hello everyone.  I received a summons some time ago, but have literally had no time to respond or research until my school was over for the semester.  I’m now digging into the forums and trying to get a grasp on what to do, terms to know, etc… Every time I come back here it seems so overwhelming with specific wordage and technicalities I don’t yet understand, but I’m here, so I’m willing to learn :)

 

I’ll start by answering the stick Q’s:

 

1.       Plaintiff – MIDLAND FUNDING LLC

 

2.       Law firm – Love, Beal & Nixon, P. C.

 

3.       Sued for -- ~$3000

 

4.      OC – CHASE BANK

 

I received a summons.  A person had come by and served me, but I was not available.  Another person of the household signed for it and as far as I can tell by the Provision Service Requirements, this is legal in my state (Oklahoma).

 

Previously, I had been mailed a letter from the law firm who has been placed under obligation of said debt.  I was given 30 days to dispute the debt, which I did.  After about two weeks, they sent their generic debt verification, consisting of my name, account # and OC.  Months later, they’ve now sent a summons.

 

I live in Oklahoma, Oklahoma County.

 

I don’t exactly remember the last time I made a payment to the OC, but I want to say it’s been 2.5 – 3 years.  The SOL for Oklahoma states 3 to 5 years.

 

I looked up my case online and saw no “status” anywhere, so I am assuming it is simply suit served.  I am currently asked to send a written answer within 35 days.

 

I have disputed the debt with Midland Funding, but have not made steps to dispute it with the OC, Chase. 

 

I sent a DV letter to the lawyer firm, in which they responded.

 

 

15.  I have 35 days as of November 29 to respond.  There is no complaint number or anything labeled “complaint” I’m guessing the charge is “PETITION FOR INDEBTEDNESS” with three points:

 

Allegation 1:  Their notice for me to dispute the validity of the debt

 

Allegation 2:  Explaining that Chase provided me credit on a written credit card account.  The indebtedness was duly assigned to Midland.  Defendant detailed on the obligations required under the contract.

 

Allegation 3:  Defendant remains indebted to Plaintiff for ~$3000.  An Affidavit of Account and/or contract is attached hereto and incorporated by reference. 

 

 

16.  They stated there they attached an Affidavit, but there is no such document enclosed.

 

 

 

So, I want to provide the best possible written response before I leave for vacation to visit my family.  I have about 3-4 days to get this response sent before I leave.  I do have more time to send it if I really need to invest more energy, as I can send it from where I will be located during the vacation.  I would really like to get it out before I leave, though.  Apologies if any information is scattered and thank you all ahead of time for taking the time to give me some helpful advice.  I don't know what  I would do without people like you guys!

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IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC,                                                                          

   Plaintiff,                                                                                      

vs.                                                                                                                   No. ---------      

Shafee

   Defendant,

 

ANSWER

The Defendant,Shafee, denies all allegations in the complaint, other than Defendant’s name and address, and leaves the Plaintiff to its proof. 

 

 

____

 

Would this be enough for a response?  How does this look?  I used a similar format that the complaint was in, although it is slightly different and has a bunch of parenthesis dividing the case number and names.

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Your answer is going to depend on your states Rules of Civil Procedure.

In my state we have to answer every paragraph/allegation with either an admit, a denial, or insufficient information (with an explanation).

Some states allow for a general denial ....... others don't so ........ you will have to look into this.

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I did some more digging and I think this is more relevant and will work:

 

 

DEFENDANT’S ANSWER TO PLAINTIFF’S REQUESTS FOR ADMISSIONS

DEFENDANT, appearing pro se, for DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS, states as follows: 
• All Answers correspond to the numbered paragraphs of the Complaint. 
• All allegations of the Complaint are denied unless expressly admitted herein.

1. DEFENDANT disputes PLAINTIFF’s claims and requested document has been sent to PLAINTIFF.

2. DENIED

3. DENIED

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It's not an answer to request for admissions.  That's part of discovery.   You're simply answering the lawsuit.  I'd use something like,

 

Defendant's Answer to Plaintiff's Complaint

 

or even just- Answer

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as probably mentioned in here, if they ask for anything, you don't really need to provide anything. They're trying to sue you, don't do their  homework fo them. They can be beat, what you have to do is find an angle of attack, or 2 or 3 even. 

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Hello.  So I am at the point to where I've just answered their discovery for admissions/interrogatories/production of documents and have either denied or object to all their points.  I've been told that the next step for me would be to file a discovery against them, specifically production of documents from the OC in WRITING.  I'm still working up on how to formulate my words and all the discovery options I want to bring up, but my question here is; what is the best way to word for a production of documents in writing?  Also, since I'm pretty sure these guys won't be able to get such a document, as well as show that the debt is in fact mine, what are the chances of them messing up at this point?

 

I'm assuming they will either try to give some bogus production of documents or they will not reply within the allotted 30 days, wherein I will as for a dismissal, right?

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Not quite. Dismissals sre based on procedure, not arguments. If they don't respond, your next step is udsually to remind them with what is called a "meet and confer" letter. If they still don't answer, you have a couple of options. We'll tell you what they are when you get your answers. Send them these:

 

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document  produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction.

 

 

You probably won't get any of this, except for maybe some credit card statements and a redacted bill of sale that probably won't show your account number. Let us know when the time comes.

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Hello, again.  It's been a very long time, but I'm having to deal with these guys again.  Since my last post, they had stopped with what they were doing and kept sending me settlement papers that had a blank spot, asking me how much money I would like to send them for a settlement.  I thought this was extremely arrogant!  

 

I received a large amount of papers from them dated Oct 20, 2014 with a "motion for summary judgement and brief in support." 

 

They provided 6 "material facts as to which no genuine controversy exists," including an Affidavit of Indebtedness, a ton of past statements, a bill of sale, and an affidavit of sale.  

 

Bruno:  You are a prophet!  That's pretty much exactly what they sent me, as well as a redacted bill of sale.

 

Having said that, here's a problem--it has been 30 days since the date, and I received, today, a "notice of hearing certificate of service - motion for summary judgement."  There is a listed court date, time, and judge.

 

I'm trying to figure out where to go from here.  I did some initial reading about this step and read that they can't prove I got this motion in the allotted time, correct?  I was not served, I did not sign a paper telling them that I received the motion, and I did not see a CMRR anywhere.  Is there some way I'm able to stop the hearing because of this?

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