gingerbread man

midland suing in me in Texas .Just received Answers to requests for Production. No court date. Do I need to file anything in response ?

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Sued by Midland . Sent original response as general denial.

 

Requested the following in official vaidation Request

 

1. Original account application with my signature for this alleged debt .

 

2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits .

 

3. Provide proof of debt ownership including how much this debt was purchased for .

 

4. provide proof of the date in which alleged charges first became delinquent.

 

Midland  sent me a collection type letter about 3 weeks ago with a redacted bill of sale .

 

Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer?  If so, is there a time limit for which this has to be done ?

 

Funny thing , the cover letter sent with this was signed " Very Truly Yours"  is this supposed to be a joke ? Are they seriously trying to intimidate me by using  accusitory language?

 

Thanks  "G"

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OK .... debt validation, after suit has been filed, is inappropriate and does not have to be answered by plaintiff. That takes care of items 1 through 4.

 

What did the 'collection type letter' state .......... and if they sent a redacted bill of sale, it may just be a courtesy in response to your untimely DV letter or an intimidation tactic.

This is an assumption on my part as your time lines are vague.

 

It sounds like you sent plaintiff discovery requests? What was the reasoning behind their objections? ........... Please clarify this statement.

 

"Very truly yours" hardly sounds accusatory

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I agree, the first package, from Midland.. intimidation tactic. It had the usual disclaimer "this is an attempt to collect a debt ..."

Yes ...Discovery requests are what I sent.

the requests were made along with my general Denial

As for the objections,I will have to get them up here in a few.. first task story time with my daughter.

Original Question, do I need to file a response to counter Midland's objections to my Discovery requests? If so, within what time frame.I have had no court date set as of yet for Pre-trial or otherwise.

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That just means they have not asked for a trial date.  They served you, and want you to contact them to settle.  If you answered the complaint, and denied the alligeations, they will motion for a pre-trial hearing, or they will motion for a telephone hearing to set a court date.  They then will send you a copy of that, and you can phone in the telephone hearing, or appear at pre-trial.  Then the trial date gets set.  (or they may just file a motion for summary judgement)  In any case, read your rules of civil procedure for texas.  It will tell you what you need to do.

I know they can be intimidating, but if you read the rules start at discovery (type it in the search) it will tell you how you request for it, and time lines, as well as what to do if the time lines are not met.  They will probably send you some discovery, you can post them here, and we will help you answer them.

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Original Question, do I need to file a response to counter Midland's objections to my Discovery requests? If so, within what time frame.I have had no court date set as of yet for Pre-trial or otherwise.

 

No need to respond to their objections. You use their objections against them. For a simplified example, if you asked them to produce a bill of sale showing that they own this alleged debt, and they object to it, you would then send a request for admissions asking them to admit or deny that they have one.

 

If they admit they have one; why didn't they produce it when you asked for it?  You can then file a motion to preclude that piece of evidence or object to it at trial when they try to introduce it.

 

If they deny they have one; how do they have standing to sue?

 

You can paint them into a corner with a creative combination of discovery requests.

 

Hope this answers your question.

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Here are in a nutshell what I received in the Plaintiff's Answers To Defendant's Requests for Production:

The Following Documents are produced in the order given and are referenced in the below responses

Exhibit 1- Terms and conditions governing the account

(photocopy of a contract agreement pulled from Internet stating terms and conditions of alleged account dated on bottom 2008 in these terms include an arbitration agreement...)

Exhibit 2- Original credit statements

( photocopies of statements from alleged account)

Exhibit 3- assignment/ bill of sale/ seller data sheet ( sworn affidavit of sale by original creditor Stating that chase on or about said date sold a pool of charged off accounts ....no acknowledgement of alleged account specifically.. Is signed by illegible Martin Lavergne and loopy illegible Nina Ranschberg notary 2012)

( Redacted bill of sale signed by Ericka Long team leader signature looks like an "s" and also signed by j Brandon Black illegible and approved by legal ) also included a sheet "field data" that was separate from redacted info and states a sale amount which is equal to the amount alleged in suit minus interest fees which are said to have accrued since the purchase.

Exhibit 4- letters to defendant ( midland letters in attempt to collect a debt.. 1 letter(?) )

Answers:

Defendant: request 1 Original Account Application with my signature for this alleged debt.

Plaintiff Objects to this request on the grounds that it is irrelivant and equally available to the defendant. Subject to objection, Plaintiff Objects to this request on the grounds discovery and investigations are continuing, and Plaintiff reserves the right to amend or supplement this response as additional information becomes available. Federal regulations do not require creditors to retain applications beyond 25 months. 12 CFR 202.12 (B) (1)

Defendant request 2 : provide a fully itemized statement for the amount you are asking which clearly details how this amount OVER the amount paid for this debt was calculated , including the interest rate being charged. Confirm this rate falls within state limits.

Plaintiff objects to this request as over broad and not limited in time or scope. Plaintiff further objects as information sought is equally available to defendant. Subject to the foregoing objections, and without waiving the same, see Exhibit "2" .

Plaintiff is accruing the statutory 6 percent interest rate on the account.

Defendant Request 3 : Provide proof of debt ownership including how much this debt was purchased for.

Plaintiff objects to this request as over broad, outside the scope of discovery, and invasive of proprietary trade secret privilege . Subject to these objections , and without waiving the same, see Exhibit "3" a redacted assignment and bill of sale reflecting Plaintiff's ownership of this account.

Defendant Request 4: provide proof of the date in which alleged charges first became delinquent .

Plaintiff objects as the information sought is equally available to the Defendant. Subject to the foregoing objections , and without waiving the same, see Exhibit "2"

This was sent to me with a certificate of service pursuant to Rule 21a of the Texas Rules Of Civil Procedure by certified mail.

Midland is suing for Breach of contract Claiming "Account Standing"

Question: can Midland claim direct purchase of this alleged account from Chase Bank if there possibly could have been other collections servers even multiple involved previously?

Alleged account charged off

The bottom of these answers to requests for production reads " Please understand this is a communication from a debt collector. This is attempt to collect a debt . Any information will be used for that purpose"

It is written as though it were submitted to the court . It is signed by an attorney locally representing Midland Funding.

This is the reason I am asking for advice. Is this a court document or collections notice?

Any suggestions as to creative discovery rebuttle... If I am not mistaken, in Texas it is 180 days from filing date to conclusion of discovery.

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When they file for summary judgement how they offer the OC's Affidavit will be important, if it is entered as a business record it can be challenged as untrustworthy. If it is offered as an affidavit to authenticate the Bill of Sale it could be admissible.

 

Here are two cases that will help you understand what you are up against.

 

Martinez v. Midland Credit Management, Inc., 250 SW 3d 481 - Tex: Court of Appeals, 8th Dist. 2008

Ortega v. CACH, LLC., Tex: Court of Appeals, 14th Dist. 2013

 
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Also, I question the affidafit and it's authenticity . The redacted bill of sale has most everything blocked out . Which does not identify any account specifically.

Question: if you had 3 separate Jdb in three years contact you in regards to an account alleged, would EACH of them have a bill of sale from OC .. Or would one Jdb have purchased through another Jdb. Would you then re direct discovery to include a FULL Chain of Succession for said account to prove FALSE SWORN AFFIDAVIT ?

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No need to respond to their objections. You use their objections against them. For a simplified example, if you asked them to produce a bill of sale showing that they own this alleged debt, and they object to it, you would then send a request for admissions asking them to admit or deny that they have one.

If they admit they have one; why didn't they produce it when you asked for it? You can then file a motion to preclude that piece of evidence or object to it at trial when they try to introduce it.

If they deny they have one; how do they have standing to sue?

You can paint them into a corner with a creative combination of discovery requests.

Hope this answers your question.

So, this requests for admissions is part of discovery? Would I send copy to them, to the court as well? We have no pretrial date . Am I Correct in understanding that JDB can ask for summary judgement without hearing anything from my side first?

What a waste of Time this whole mess is.. Unbelievable!

It is a great day out.. I am going to the park with my daughter, she comes first.

I will come back to this later.

Thanks for the info .. Keep it coming!

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"Jdb is alleging and admitting into their evidence has Arbitration clause."

http://www.cardmemberagreements.org/chase-bank/

Then elect arbitration with them.

 

"What a waste of Time this whole mess is"

That is very true it is a waste of time.

 Study your rules of civil procedure, read all you can.

http://www.law.gonza...ction_Suits.pdf

http://www.martindal...=asr-828238.pdf

http://www.supreme.courts.state.tx.us/rules/trcphome.asp

 

You need to study to win if you don't you will be paying midland funding for several years.

 

Summary judgement is not only for the plaintiff, the defendant may file summary judgement also.

A Summary Judgement  is granted when the court is convinced that there is no genuine issue for trial.

*Remember* this rule favors the moving party.

http://www.houston-opinions.com/law-summary-judgment-standards.html

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I have to say that they only put that statement to keep federal CFPB officials at bay. They continue actions all the time with people on fee waivers. If someone has a fee waiver granted then they by their statement should drop the case.

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In the suit it states that midland does not file suit with those they feel are financially unable to do so.. Whose rules govern that statement in proof. If there were evidence of that presented to the judge, would it be cause for dismissal?

 

 

Nobody's rules govern this. The legal term for this is "puffery." Translation, BS advertising and if you believe this we'll make up more. You could have fun with this in discovery, and they will object to every question, but at the bottom you have to prove that you are "financially unable" whatever that means. There is an IRS form for insolvency, serve that on them with some discovery if you want to torture them. The time you spend is yours, and the life you save may be your own.

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depends on who the arb is with.  If you can arb with JAMS it would cost you around 50.00, and them around 3000 or more. That's why they don't like to do it.  If you can elect JAMS, most the time they will dismiss.  IF it is with the other one, I don't know, but I know it is alot more.  There are 3, one of the arb companys don't do it anymore for consumers, only businesses.

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If you elect arb, I believe that the filing fee for you is around $250.00. It can cost them the moon.....meaning a lot. Go here, read everything on it.  http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ This should help. You will want to elect JAMS if that is on your agreement first before you tell them. You will have to MTC the court for arb if your already being sued. You only have so long to do it. Start reading about arb and learn quickly. It may be your best bet. Usually runs them off for less than a 10K debt. And more so if a JDB has it.

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Question: I only received the knowledge of Arbitration through the contract that was sent to me via JDB Attorney in "Answers to request for production"

This is the first time I have read this "agreement" between alleged OC and its debtors.

If I were to move in for arbitration , I wonder if this action might be misconstrued as admission to Alleged debt by agreeing to abide by the contract and establishing "account stated " with Plantiff .

Thought/Question:

1. MIDLAND attorneys have produced a redacted bill of sale which is not specific to me personally "proving" DIRECT PURCHASE from OC. Also included is the SWORN statement from MARTIN LAVERGNE.

2.DEFENDANT "GINGERBREAD MAN" MAY or may not have proof that Midland is NOT the PRIMARY owner,Not the SECONDARY owner , NOPE NOT the TERTIARY owner BUT the ALLEGED QUARTERNARY owner of Alleged Account.

That being said, How would someone like the Gingerbread Man Prove the broken succession in the ownership of said account without screwing himself in the process? How would he prove that JDB is not the direct assign of the OC ? Isnt it illegal and a violation of Texas FDCPA to produce false documents in court in attemot to collect a debt ?

NOTE: I am studying..By "waste of time" ... A balance must be struck between my family and JDB, for I WILL NOT allow the JDB to destruct my family in efforts to collect their Debt. That too, would be allowing them a WIN.

I Thank all for your Input . It does not fall on Deaf Ears.

Keep It Coming !

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