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Please help being sued by Mid F


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I was served a summons from Midland and have properly filed an answer with the court. A court date has been set for Oct. Now the attorney for Midland sent me a Request for Admissions that I have to complete within the next week.

 

The first question is titled Interrogatory No. 1 and asked me to state my name, address, phone number, social security number and place of employment.

 

Do I really have to give these items to a JDB? I do not feel comfortable giving this information to them...

 

Almost all the remaining questions are related to me admitting that I had the original account with the original creditor that they claim Midland now owns. They also stated in the instructions that I cannot use insufficient knowledge as a reason to deny.  The attorney is Javich, Block and Rathbone.  

 

Any advice or insight is greatly appreciated!

 

 

 

 

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you definitely need to reply, but not admit anything

 

would help a lot if you answered the questions posted here

 

depending on your answer for cause of action and which state you are in, you need to file a BOP or discovery request stat.

 

required reading on how to beat midland. great templates for docs here

 

more

 

there are a ton of people here to help, but they cannot / should not offer you advice if you cant do the basic homework yourself. jut about every answer to your questions can be found on this forum, and the pros will help you thru the gray areas

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qbert, thank you for the reply and links.  There's a ton of great information on this website and I researched as much as possible before submitting my answer. The first Interrogatory question on the request for admissions has me concerned.

 

Does anyone know if I really have to state my social security number and employer?  I haven't seen any examples where a GDB's attorney asked for this information in a request for admissions...

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qbert, thank you for the reply and links.  There's a ton of great information on this website and I researched as much as possible before submitting my answer. The first Interrogatory question on the request for admissions has me concerned.

 

Does anyone know if I really have to state my social security number and employer?  I haven't seen any examples where a GDB's attorney asked for this information in a request for admissions...

As to your employer, no way no how at this stage.

 

Objection-  Irrelevant. 

 

Social Security number, not as slam dunk as employer but I don't see how it's relevant.    I mean you swear you are who you say you are and maybe, maybe, ????? they might be entitled to see your ID to make sure you did not send somebody to stand in for you, but that is a huge stretch.

 

Objection- Irrelevant, invasion of privacy.

 

If you want to get fancy you can say objection-  Irrelevant, not likely to lead to discoverable evidence, request is premature as no judgement has been obtained and these proceedings are not post judgement and the requests are invasion of privacy and harassing in nature.   You could threaten a protective order if you really want to pile on. 

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The first question is titled Interrogatory No. 1 and asked me to state my name, address, phone number, social security number and place of employment.

 

Typical question. Generally, a request for your social security number might be relevant if there is an issue as to your identity, or for purposes of post-judgment execution. Coltfan1972 has the right idea. Since discovery related to post-judgment execution is premature at this juncture, not relevant to the subject of the litigation (and therefore objectionable), the remaining legitimate reason is to confirm your identity. If you've already provided enough information to allow plaintiff to identify you with certainty, the request for your social security number is unwarranted.

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There is also a favorite answer attorneys like to use....."the information sought is assumedly already known to the plaintiff or defendant through their business records." You could direct the JDB to the original application used to establish the account, which certainly would contain the information they are looking for. If they object, schedule oral arguments if allowable and make them admit they do not have the application. If their goal is to prove you applied for the account by comparing social security numbers, then why would they be asking for yours?

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There is also a favorite answer attorneys like to use....."the information sought is assumedly already known to the plaintiff or defendant through their business records." You could direct the JDB to the original application used to establish the account, which certainly would contain the information they are looking for. If they object, schedule oral arguments if allowable and make them admit they do not have the application. If their goal is to prove you applied for the account by comparing social security numbers, then why would they be asking for yours?

 

Great point!

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Wow thanks for all the help and information!  I gotta admit I feel over-whelmed with all this legal stuff and not confident that I can fight these crooks without making a mistake. I've been reading as much as possible and need to answer the RFA soon.

 

I do have a few more questions if anyone can help...

 

How can I answer questions like these without making a mistake... 

"Admit that you borrowed money from xxxx bank based upon terms and conditions required by xxxx bank"

"Admit that you had the credit card with xxxx bank as issued in the complaint and assigned to Mid F"

"Admit that you received monthly statements and agreed to pay the contract interest and late fees"

"Admit that you are not a minor, incompetent or have any affirmative defense to avoid payment of this debt"

"Admit that your current balance is $xxxx"

"Admit that you defaulted under the terms and conditions by failing to pay the minimum amount due"

 

They also ask a few Request for Production questions asking me to provide all letters, notes, emails, statements, etc from the original account.  I do not have any of this information.  Also I have never talked to Mid F or had any type of correspondance with them prior to filing my answer with the court.

 

Thanks again!

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After a lot of research and help on this board I sent my answers to Midland's request for admissions, interrogations, production, etc. Thanks :)

Now my next step is drafting my request for discovery to send them...

Can anyone help or provide some info to reference that will help get me started with this process?

Thanks again!

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