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Midland case, Limited Civil, CALIFORNIA: Looking for advice

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Hello all!

 

A while back I started a topic asking for advice with regard to setting aside a default judgment and was very impressed with all of the help I recieved.  The default was set aside and MCM did not oppose my motion.  Now I have a CASE MANAGEMENT CONFERENCE on January 14th and I have some serious questions on how to prepare for this.

 

1)  I was asked to submit a Case Management Confidentiality Statement.  Previously I asked if http://www.courts.ca.gov/documents/cm110.pdf was the form I was looking for but never recieved a response.  Before I go crazy trying to fill it in maybe someone can verify this for me?

 

2)  Is there any information on how this form is addressed?  For instance, it asks for a lot of dates and it asks information about discovery as well as questions for the plaintiff.  What I would like to know if I need to have dates or discovery and do I just leave questions blank or is there a preferred format for addressing those?  Any supplemental paperwork I should add?

 

3)  What is a Case Management Conference and what would one expect from this appointment?

 

4)  Lastly, any further advice anyone can think of with regard to this?

 

Background on case:

A long while back I applied for a Target Visa (I already had a Target Red Card) and was denied.  Come to find out a few years later that there were 2 Target Visas in my name that were maxed out.  Contacted Target and the rep. said that there shouldn't be 2 cards under the same social because the social is what they use to generate the cards.  At any rate, the last I heard was that they would look into it.

Life goes on and all is forgotton. 

Received a default judgment from MCM suing me.  Never was served.  Fought it with the help of the Law Librarian at CCC Court Library and you wonderful people here *huzzah!* The case is over 1 of the 2 cards.  Once the default was sentenced I started to finally receive letters from MCM in another language for what apparently is the 2nd of the 2 accounts.  Not sure if this second account can be combined into this open case or not but need help figuring out how to get these both out of my life and continue living it.

 

Thank you for reading and any advice in advance!!

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When you say "Case Management Confidentiality Statement" did you mean "Case Management Conference Statement"?

 

If so, the form you linked to is the correct one. As for how to fill it out, just go over each question with the expectation that 1) it will be written in plain English, and 2) not all of the questions will apply to your case. For example, several questions are solely for the Plaintiff, and say so explicitly. Others are about Complex Cases (yours does not qualify).

 

In general, you need only answer questions 1, 2, 4(a and B), 5, 6 (important! If you're planning a trip anytime in the next, couple of months, say so here!), 7 (also important to the court: 3 hours is a safe number for collections cases, although it'll probably be closer to 1.5-2 if there's a motion in limine hearing first), 8, 10(a) (and c, if any of those options interest you), 16, 17, and 19. Furthermore, 12, 13, 15, and 18 are also worth taking a closer look at: see whether or not they apply to your case. For a simple collections case, no supplements should be needed that I can think of; YMMV.

 

As for WHAT to put in those categories, it depends entirely on your case. When was the Complaint filed? Have you done discovery yet? If not, when do you expect to do so? Have you met and conferred with the Plaintiff yet (mostly about settling, although this is also when you discuss things like mutually available trial dates, any discovery issues you anticipate, etc.)?

 

As for what to expect, there's a lot of variation between counties. San Francisco County will tell you not to show up for cases like this, and simply mail you a trial date. Santa Clara County will have you appear, but it's a quick matter that mostly revolves around trying to get the parties to look into ADR, selecting a trial date, seeing how discovery's coming along, etc. No idea how Contra Costa County works, but in general these things are quick and routine, so don't sweat it too much.

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Hello all!

 

A while back I started a topic asking for advice with regard to setting aside a default judgment and was very impressed with all of the help I recieved.  The default was set aside and MCM did not oppose my motion.  Now I have a CASE MANAGEMENT CONFERENCE on January 14th and I have some serious questions on how to prepare for this.

 

1)  I was asked to submit a Case Management Confidentiality Statement.  Previously I asked if http://www.courts.ca.gov/documents/cm110.pdf was the form I was looking for but never recieved a response.  Before I go crazy trying to fill it in maybe someone can verify this for me?

 

2)  Is there any information on how this form is addressed?  For instance, it asks for a lot of dates and it asks information about discovery as well as questions for the plaintiff.  What I would like to know if I need to have dates or discovery and do I just leave questions blank or is there a preferred format for addressing those?  Any supplemental paperwork I should add?

 

3)  What is a Case Management Conference and what would one expect from this appointment?

 

4)  Lastly, any further advice anyone can think of with regard to this?

 

Background on case:

A long while back I applied for a Target Visa (I already had a Target Red Card) and was denied.  Come to find out a few years later that there were 2 Target Visas in my name that were maxed out.  Contacted Target and the rep. said that there shouldn't be 2 cards under the same social because the social is what they use to generate the cards.  At any rate, the last I heard was that they would look into it.

Life goes on and all is forgotton. 

Received a default judgment from MCM suing me.  Never was served.  Fought it with the help of the Law Librarian at CCC Court Library and you wonderful people here *huzzah!* The case is over 1 of the 2 cards.  Once the default was sentenced I started to finally receive letters from MCM in another language for what apparently is the 2nd of the 2 accounts.  Not sure if this second account can be combined into this open case or not but need help figuring out how to get these both out of my life and continue living it.

 

Thank you for reading and any advice in advance!!

The saving of the bills in another language would be evidence of possible ID theft. So keep those for impeachment

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Noname2,

 

Thank you for the reply! 

I am going over the form and reviewing the questions you suggested to me. 

 

No. 2 I'm assuming that the original filing date of the complaint (option 1) is what I would put

No. 4 I would check complaint instead of cross-complaint but in the description for part B would I describe it like I did above in my post?  Or would this be more or less the "type" listed on the case info:  "Complaint Type: CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740)"? 

No. 5 I opted for non-jury trial but I'm not sure if this actually matters? 

No. 6 I checked that no trial date has been set.  As far as unavailable dates, I'm not sure if this can be ammended later because 12 months is a long time to plan out.  For instance, I may have surgery over the course of the year but that date + recovery time has yet to be determined.  Should I put something to that effect? 

No. 7 I plugged in 3 hours. 

No. 8 I checked off that representation would be by the parties listed in the caption (since I don't forsee myself ever being able to afford a lawyer.) 

No. 10 part A I checked off self-rep but have not read the ADR packet (would this be advisable prior to the 14th and changed?) leaving parts b and c empty. 

No. 16 - I'm not really sure how to answer this... 

No. 17 I don't know what economic litigation is so I will have to look this up I guess.

No. 19 We have never met and in turn, never conferred.  Reason being.... We just haven't?  No meeting has been set?  Not sure what to put exactly.

---------

No. 12  As far as I can tell there are no jurisdiction issues with regard to this case at this point so I guess I can leave this blank as well.

13  No actual related cases thus far so I guess I can leave that blank

15  I'm not really sure what motions I would need to file... would I want to file a motion for discovery? 

18  For other issues could I mention that they are trying to collect on another account now, in another language, and ask that this be addressed at the same time as this open case?

 

With regard to Discovery, no one has requested it yet.  I'm not sure what sort of issues I may come up against during this process.  I don't know how I can claim that I was denied this card or told that the 2 accounts would be looked into since it was so long ago.  I could try to call Target and get information but I honestly don't know if they would hang on to something like that, would they?  Especially now that a JDB owns the debts.

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The saving of the bills in another language would be evidence of possible ID theft. So keep those for impeachment

 

Well, I just have the 2 notices from MCM in Spanish (yet I don't speak it) and I have those tucked away in my folder for the future.  They are for the other account and not the one they are currently sueing me for.  I'm wondering if this can be mentioned in No. 18 of the Case Management Conference Statement (would this need a motion to go with it? see No. 15)  Would you be willing to explain what impeachment is in this case?  I will probably be spending all weekend looking up as much information as possible for this form and this case so I can hopefully get it turned in next week. 

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Oops, sorry, finger slipped there. Skip 2: that's for plaintiffs and cross-plaintiffs only.

 

For 4, you can either have a very brief statement of the case, or just write "CONSUMER CREDIT COLLECTIONS (specific causes of action (breach of contract, common counts, etc.))

 

For 5, I believe you're technically entitled to a jury trial, but unless they're demanding a ton of money you're not going to get one, so non-jury is alright.

 

For 6, you're fine. If something major and unexpected happens when the date is set, you can always move to continue the trial. I emphasized it earlier because while "injured" is a good reason to continue a trial, "on vacation" is much less impressive for the presiding judge.

 

For 8, that is correct. If you end up getting a lawyer later, he/she can just sub in with little difficulty.

 

For 10, it really depends on the judge, but I'd at least take a gander at the package. They're brief, and you can say you did it.

 

For 16, it's simply asking if you've already completed discovery. I'm guessing you haven't yet, correct? If not, click "b", then put in "Defendant" as the party, a brief description of what you intend to serve "Requests for Admission, Form Interrogatories," etc., and a rough date of when you think you'll get back the responses. Remember, they're entitled to a little over a month to respond to discovery, and it's not uncommon for them to request an extension of a week or two. It's also not uncommon for them to play Hide the Ball... Basically, I'd pick a date four months or so from now, then start working on discovery immediately.

 

For 17, look at the Complaint. If it says "Limited Civil" anywhere, and/or it's asking for under $25,000, it's a limited civil case. In that case, check (a). If you plan to file a cross-complaint for more than $25,000, check (B). Otherwise, leave it blank.

Odds are, you're going to check (a).

 

For 19, you might want to give them a call soon to do the meet and confer requirement. It's mostly a formality, but expect them to try to talk you into settling. If you're unable to do so, you can either explain unavailibility in the box, or just leave it blank if you're feeling a little adventurous. Keep in mind some counties take this requirement a bit more seriously than others: In SF, for example, collection cases routinely leave this section blank, with nary a consequence that I can think of. YMMV.

 

For 15, that might become necessary down the road, but for now I'd leave it blank, as you don't currently anticipate filing any motions to compel/dismiss/for summary judgment, etc.

 

As for 18, that's the one I'm least sure of. My inclination though is to leave that out of here, but I'll admit I'm not completely sure how to respond.

 

Sorry for rambling on. Hope that cleared up at least a few things.

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Ouch, insult to injury:  This will be my 3rd attempt at writing this because my laptop keeps crashing, and I was just finishing up my CM110 too.  *sigh*

 

Anyway, I am trying to make myself a checklist because the majority of my day today will be spent doing research and getting prepared for the next steps in my process.  So far:

  1. Managed to mostly fill out my CM110 but lost it so I need to fill it out again.  Luckily I typed a copy out and wrote on it so it will only be a matter of transcribing information.  I'm still not sure what to put in #16 for the Discovery but I'm hoping to research that.
  2. I received MCM's CM110 and will place their answers below for reference.  After reviewing their answers I'm not sure if I am supposed to answer #4 or not.  I will answer it and post everything here for review.
  3. I still need to research BOP and Discovery (as mentioned in 1) so that I know what I need to answer in #16 and what I need to do as far as other paperwork is concerned.
  4. I am in the process of printing out http://www.consumer.ftc.gov/articles/pdf-0009-taking-charge.pdf and look into starting the daunting process of making an identity theft report.  I'm not sure if anyone else reading this has had to do this before that may have a few pointers?  Also, I am curious if I should include this process in my CM110 so that they know?

MCM's CM110:

  1. a. (checked) "Midland Funding, LLC"
  2. a. September 26, 2011
  3. a. (checked)
  4. a. complaint (checked)
    "Plaintiff seeks to recover amounts owed by Defendant on an account held with creditor Target NAtional Bank ending in the last four digits XXXX through an account stated cause of action."
    b. "The underlying account that is the basis of Plaintiff's complaint is a credit account Defendant held with Target National Bank which was sold and assigned to Plaintiff prior to the filing of the complaint.  Plaintiff seeks to recover a balance due of $1,242.51 plus interest on the amount, and court costs.  Plaintiff remains willing to explore a mutually beneficial solution if through a voluntary payment arrangement, if possible."
  5. a nonjury trial (checked)
  6. b. (checked)
  7. b. (checked) 2 hours
  8. (left blank)
  9. (left blank)
  10. a. 1) has (checked)
    b. 3) (checked) "Judicial arbitration is not cost effective"
  11. (left blank)
  12. (left blank)
  13. (left blank)
  14. (left blank)
  15. (left blank)
  16. b. (checked):
    Plaintiff, Request for Admissions, TBD
    Plaintiff, Request for Productions of Documents, TBD
    Plaintiff, Special Interrogatories, TBD
    c. (checked):
    "Plaintiff intends to file discovery motions if it does not receive responses to the discovery propounded above"
  17. a. (checked)
  18. (left blank)
  19. a. (NOT checked):
    "Plaintiff attempted to meet and confer with the Defendant, but was unable to make contact. Plaintiff remains open to possible settlement discussion."
  20. (left blank)

*Proof of service attached*

 

As soon as I round up my CM110 again and do the research on what to put for #16 I will post my answers here.  I'm hoping someone can officially review them before I turn in the copies (hopefully tomorrow after work.)

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Ok, in my searches I came across this:  http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_725 saying I needed to file my Case Management Statement no more than 15 days prior to the date.  If my date is Jan 14 then I absolutely need to file tomorrow, correct?  Oh man, I think I was slightly misled on the timing of this and now am in a panic to get this done.

Or, am I completely wrong and should I have had it served before 15 days prior?

 

:(

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Just research San Mateo County and San Francisco County on-line civil cases for examples of how other defendant's completed their CMSs.  Downloads are free.  That's what I did.  You'll have to do a lot of digging but it'll be worth your effort.  You can find everything from complaints filed to actual trial briefs.

 

Here is a step by step guide: http://www.saclaw.lib.ca.us/uploads/files/Step-by-Step/SBS-Case-Management-Statement.pdf

 

You need to serve Midland with your CMS before you can actually file it with the county clerk here in California.  When you serve the CMS you have to get someone over the age of eighteen that is not a party to the case to drop it in the mail.  Use POS-030.  Include a copy of the POS in with the CMS that you are serving on Midland.  Here is a link on how to fill one out.  http://www.saclaw.lib.ca.us/Uploads/files/forms/pos030.pdf.   You can download POS from http://www.courts.ca.gov/forms.htm/?filter=POS.  You file the original CMS and POS-030 with the county clerk of courts.  

 

So, yes you have to get it all done by tomorrow-Dec. 31st.  Good Luck!  Wouldn't worry.  Shouldn't be any long lines tomorrow at the county clerk's office as it is New Years Eve but you could call them first to see.  I've stood in line for an hour and a half once and only five minutes the other time.  Be prepared though-don't want to push it.

 

Carol-Lynn

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Just research San Mateo County and San Francisco County on-line civil cases for examples of how other defendant's completed their CMSs.  Downloads are free.  That's what I did.  You'll have to do a lot of digging but it'll be worth your effort.  You can find everything from complaints filed to actual trial briefs.

 

Here is a step by step guide: http://www.saclaw.lib.ca.us/uploads/files/Step-by-Step/SBS-Case-Management-Statement.pdf

 

You need to serve Midland with your CMS before you can actually file it with the county clerk here in California.  When you serve the CMS you have to get someone over the age of eighteen that is not a party to the case to drop it in the mail.  Use POS-030.  Include a copy of the POS in with the CMS that you are serving on Midland.  Here is a link on how to fill one out.  http://www.saclaw.lib.ca.us/Uploads/files/forms/pos030.pdf.   You can download POS from http://www.courts.ca.gov/forms.htm/?filter=POS.  You file the original CMS and POS-030 with the county clerk of courts.  

 

So, yes you have to get it all done by tomorrow-Dec. 31st.  Good Luck!  Wouldn't worry.  Shouldn't be any long lines tomorrow at the county clerk's office as it is New Years Eve but you could call them first to see.  I've stood in line for an hour and a half once and only five minutes the other time.  Be prepared though-don't want to push it.

 

Carol-Lynn

 

Thanks Carol-Lynn.  I did try to do a brief search but still haven't come up with anything.  I think what I am mostly concerned with are #4 and #16.  I'm not sure if I should just copy what MCM put for #4-a and then mention the potential identity theft in #4-b or if I should be putting something different in #4 altogether.  I've tried searching for legal causes of action but instead of getting any headway I'm mostly seeing that if it's not worded right then I could be shooting myself in the foot.  Also, all information I've been finding so far is with regard to filling out the form from the plaintiff's perspective.

As for damages, I'm not sure what to claim either.  I'm going to search for advice on this forum since it tends to be a little bit more direct than a broader search engine.

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Is account stated their only cause of action against you?

 

If it is, you will not be able to use the bill of  particulars...

 

Usually, they will use account stated, breach of contract, money lent and received as causes of action.

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Is account stated their only cause of action against you?

 

If it is, you will not be able to use the bill of  particulars...

 

Usually, they will use account stated, breach of contract, money lent and received as causes of action.

 

What I have posted is word for word and mark for mark what they typed or checked off on the CM110 so yes, "Account stated" is the only cause of action listed along with their explanation.

 

Do I put that as the cause of action for my own CM110 as well?  I'm still trying to find information on this.

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I'd change it to read something like "alleged account" or something along those lines...

 

 

 

Check the original suit to see if there is more than 1 cause of action.

Just dug through the fat stack of paper I have in the "case folder" and the original summons has "complaint: account stated."

 

And that is it. 

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Wow - risky... but smart on their part - I dare say that Midland's attorney's have evolved in California.

 

By going just for account stated, they eliminate the Defendant from using a bill of particulars and, when they fail to respond, getting evidence precluded.

 

 

You, at some point will need to attack their standing to sue....

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My CM110:

  1. a. (checked) "MY NAME"
  2. (N/A)
  3. (N/A)
  4. a. complaint (checked)
    "Consumer credit collections complaint for account stated."
    b. "Midland Funding, LLC is attempting to collect on a debt that Defendant considers fraudulent, which was purchased from Target National Bank."
  5. a nonjury trial (checked)
  6. b. (checked)
  7. b. (checked) 3 hours
  8. by the attorney or party listed in the caption (checked)
  9. (left blank)
  10. a. 2) has (checked)
    b. 3) MCM responded here but I left it blank, does this matter?
  11. (left blank)
  12. (left blank)
  13. (left blank)
  14. (left blank)
  15. (left blank)
  16. b. (checked):
    Defendant, Request for Productions of Documents, TBD
    I feel like there should be more to add to this but I was having trouble finding more than that.
    c. (checked):
    "Defendant intends to file motions with regard to discovery if requests are not met in a timely manner."
  17. a. (checked)
  18. "Defendant received two letters from Midland Credit Management, Inc. (a.k.a. Midland Funding, LLC) since the original default judgment that are in a language that Defendant does not read or speak but seem to be for another fraudulent Target account for a different amount and account number.
    Defendant is also attempting to build an identity theft report." Is this okay to put here?
  19. a. (NOT checked):
    "Defendant attempted to call the number listed in the caption which was answered inconclusively by a call center for Midland Funding, LLC; the Defendant has yet to hear from the Plaintiff to meet and confer."
  20. 0
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Wow - risky... but smart on their part - I dare say that Midland's attorney's have evolved in California.

 

By going just for account stated, they eliminate the Defendant from using a bill of particulars and, when they fail to respond, getting evidence precluded.

 

 

You, at some point will need to attack their standing to sue....

 

Oi!  This is giving me migraines. 

 

By your statement are you inferring that I may have a hard time winning this case?  I noticed in someone elses thread it was suggested that they send a BOP anyway... but if they don't have to respond it seems completely pointless.

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You can send one to them, but they don't have any obligation to answer, nor will you be able to preclude any of their "evidence" - often 1 or 2 statements and an affidavit from someone in St. Paul, MN.

 

You just have to get creative - when you're ready to do discovery, you will send a request for production of items - among them will be "a complete history of the account statements from it's inception to the last known statement available."

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You can send one to them, but they don't have any obligation to answer, nor will you be able to preclude any of their "evidence" - often 1 or 2 statements and an affidavit from someone in St. Paul, MN.

 

You just have to get creative - when you're ready to do discovery, you will send a request for production of items - among them will be "a complete history of the account statements from it's inception to the last known statement available."

 

Okay.

Hey, would you be willing to look at my answers for my CM110 (see thread reply #17) before I print it out?  I need to submit it tomorrow but I feel like I'm missing something important or that I may need to upgrade my wording.

Thanks in advance!!

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My CM110:

  1. a. (checked) "MY NAME"
  2. (N/A)
  3. (N/A)
  4. a. complaint (checked)

    "Consumer credit collections complaint for account stated."

    b. "Midland Funding, LLC is attempting to collect on a debt that Defendant considers fraudulent, which was purchased from Target National Bank."

  5. a nonjury trial (checked)
  6. b. (checked)
  7. b. (checked) 3 hours
  8. by the attorney or party listed in the caption (checked)
  9. (left blank)
  10. a. 2) has (checked)

    b. 3) MCM responded here but I left it blank, does this matter?

  11. (left blank)
  12. (left blank)
  13. (left blank)
  14. (left blank)
  15. (left blank)
  16. b. (checked):

    Defendant, Request for Productions of Documents, TBD

    I feel like there should be more to add to this but I was having trouble finding more than that.

    c. (checked):

    "Defendant intends to file motions with regard to discovery if requests are not met in a timely manner."

  17. a. (checked)
  18. "Defendant received two letters from Midland Credit Management, Inc. (a.k.a. Midland Funding, LLC) since the original default judgment that are in a language that Defendant does not read or speak but seem to be for another fraudulent Target account for a different amount and account number.

    Defendant is also attempting to build an identity theft report." Is this okay to put here?

  19. a. (NOT checked):

    "Defendant attempted to call the number listed in the caption which was answered inconclusively by a call center for Midland Funding, LLC; the Defendant has yet to hear from the Plaintiff to meet and confer."

  20. 0

 

Should I also add Requests for Admission, Form Interrogatories for # 16?

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Just research San Mateo County and San Francisco County on-line civil cases for examples of how other defendant's completed their CMSs.  Downloads are free.  That's what I did.  You'll have to do a lot of digging but it'll be worth your effort.  You can find everything from complaints filed to actual trial briefs.

 

Here is a step by step guide: http://www.saclaw.lib.ca.us/uploads/files/Step-by-Step/SBS-Case-Management-Statement.pdf

 

You need to serve Midland with your CMS before you can actually file it with the county clerk here in California.  When you serve the CMS you have to get someone over the age of eighteen that is not a party to the case to drop it in the mail.  Use POS-030.  Include a copy of the POS in with the CMS that you are serving on Midland.  Here is a link on how to fill one out.  http://www.saclaw.lib.ca.us/Uploads/files/forms/pos030.pdf.   You can download POS from http://www.courts.ca.gov/forms.htm/?filter=POS.  You file the original CMS and POS-030 with the county clerk of courts.  

 

So, yes you have to get it all done by tomorrow-Dec. 31st.  Good Luck!  Wouldn't worry.  Shouldn't be any long lines tomorrow at the county clerk's office as it is New Years Eve but you could call them first to see.  I've stood in line for an hour and a half once and only five minutes the other time.  Be prepared though-don't want to push it.

 

Carol-Lynn

 

Ooh, I used forms POS 040 for my proof of service...  Will this really matter?  They are essentially the same except 30 is only  one page and 40 is two pages...

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Okay, I am about to print what I have for my Case Management Statement.  The only changes I made were

#4-b "Midland Funding, LLC is attempting to collect on a debt that Defendant considers fraudulent, which was purchased from Target National Bank.  Defendant seeks to recover court costs and any applicable relief the court deems appropriate."

#16 I added Request for Admissions and Special Interrogatories.

 

I hope this will suffice.  I am thinking that once I get home from filing today that I may start to work on my Discovery.  Since it seems I cannot use BOP is there any additional information that may be useful to me with regard to the Discovery process?  My goal it to get started and have it all submitted by the end of the week to get it over with (or should I wait to send Discovery after my CMC?)

 

Thanks in advance and Happy New Year.    :)

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I'm still hoping that someone might be able to take a look at my answers in reply #17.  I will have to print this out in a couple of hours so that I can file after I get off work.  :-S

Thank you!!

As far as the cmc statement goes I don't think I would mention (18) that you are attempting to build an ID theft case, unless in your answer to the complaint you claimed ID theft, because you need to stick to the pleadings in your answer, unless ID theft was part of the answer. The rest looks like it should work.

 

Request for admissions are very easy for them to object to, and are usually used to ask questions about documents they produce in discovery, and are used in discovery set 2. Try to keep discovery as simple as possible and just go after the things things that will help you win the case. They will just object to the discovery and  it will be easier to file a motion to compel if your discovery is simple and as short as possible.

 

As far as your POS goes it will probably not matter. The main thing is to keep fighting them, and to always keep pressure on them so they will dismiss the case as it is not worth fighting it if you take away all the profit. Good Luck!

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