Jump to content

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


Recommended Posts

"I only received the knowledge of Arbitration through the contract"

They must have sent you an old credit agreement, Chase removed its arbitration clause in January 2010.

Did midland send you a credit agreement with arbitration, if so send a letter to midlands attorney to advance you the fees to arbitrate the claim with jams. Then you need to see linda7.

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

http://www.jamsadr.com/rules-download-rules/

Link to comment
Share on other sites

Most of your questions should have been answered in discovery with the plaintiff.

You may need to send more discovery to the plaintiff(What is your discovery level ?(1, 2,3) What have you used up.

If you have used all your discovery, ask the court for more.

I would send them some interrogatories so you can get the information to defend your case.Keep your adversary working.

Don't sit and wait for them to do something.

In Texas you have to make your discovery requests count because it is limited. If you have a few left send them these.

Interrogatory #1

If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you. [Note that defense counsel anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts.

 

Interrogatory #2

Attach a copy of each Record identified in your response to Interrogatory #1.

 

Interrogatory #3

With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment.

 

Interrogatory #4

Identify all Records in your possession concerning the Account.

 

Interrogatory #5

Attach a copy of each Record identified in your response to Interrogatory #4.

Link to comment
Share on other sites

Am I correct in understanding that I Am in fact in the Discovery Process then ?

I didn't see in their answers for production that they had clearl established that a copy was sent to the court.

No pretrial date.

I did not send affirmative defenses along with my General Denial

Should I amend and send affirmative defenses , or will I have the opportunity to submit them based on their answers to production and discovery.

Can the plaintiff petition the court for summary judgement at pretrial.? Leaving me essentially defenseless?

Is discovery time barred after the plaintiff answers and objects

Do my requests for discovery need to be submitted to both court and plaintiff?

Plaintiff intends to conduct discovery under level 1 of Texas rules of civil procedure.

I feel like I am running in a circle here. I have Researched civil Procedure in Texas, but am uncertain whether or not I am fully grasping the concepts of the entire process.

I have not counter sued .

I thank you all In advance for your patience and input. I am really dealing with a lot here with an ill and panicked wife, small child, and work to boot. There is no money left, or I would be hiring Counsel.

P.s. I did ask for validation of the debt sometime late last year. I received an answer momths later that looked like an advert.telling me the debt was mine and that I should send any documents Proving otherwise to them.

Plaintiff is and continues to have an open account reported on my account that looks like a recently opened loan??? WTH? So along with a charge off.. This is being reported as a "newly defaulted loan"

Link to comment
Share on other sites

Am I correct in understanding that I Am in fact in the Discovery Process then ?

I didn't see in their answers for production that they had clearl established that a copy was sent to the court.

No pretrial date.

I did not send affirmative defenses along with my General Denial

Should I amend and send affirmative defenses , or will I have the opportunity to submit them based on their answers to production and discovery.

Can the plaintiff petition the court for summary judgement at pretrial.? Leaving me essentially defenseless?

Is discovery time barred after the plaintiff answers and objects

Do my requests for discovery need to be submitted to both court and plaintiff?

Plaintiff intends to conduct discovery under level 1 of Texas rules of civil procedure.

I feel like I am running in a circle here. I have Researched civil Procedure in Texas, but am uncertain whether or not I am fully grasping the concepts of the entire process.

I have not counter sued .

I thank you all In advance for your patience and input. I am really dealing with a lot here with an ill and panicked wife, small child, and work to boot. There is no money left, or I would be hiring Counsel.

P.s. I did ask for validation of the debt sometime late last year. I received an answer momths later that looked like an advert.telling me the debt was mine and that I should send any documents Proving otherwise to them.

Plaintiff is and continues to have an open account reported on my account that looks like a recently opened loan??? WTH? So along with a charge off.. This is being reported as a "newly defaulted loan" can't locate the letter they sent..

Link to comment
Share on other sites

The problem you are going to have is that if you want to elect arbitration, you have to do it early on in the case, preferably in lieu of an answer. If you get too far into litigation, the court will deny you, as they will view it as a desperation attempt. Discovery copies do not go to the court in any state that I have seen, it is between parties and is ongoing up until a few days before a trial. You really don't need that much in the way of discovery, these cases are won or lost with documents. If this debt was sold numerous times it makes it almost impossible for them to establish a proper chain of custody.

Link to comment
Share on other sites

The problem you are going to have is that if you want to elect arbitration, you have to do it early on in the case, preferably in lieu of an answer. If you get too far into litigation, the court will deny you, as they will view it as a desperation attempt. Discovery copies do not go to the court in any state that I have seen, it is between parties and is ongoing up until a few days before a trial. You really don't need that much in the way of discovery, these cases are won or lost with documents. If this debt was sold numerous times it makes it almost impossible for them to establish a proper chain of custody.

How do I get them to prove chain of custody and how do I prove the chain is or is not broken? They have a forward flow with sworn affidavit from OC

I have knowledge of other assigns. Yet I submitted a general denial .. How do I commit perjury here without hanging myself acknowledging OC or debt collections communication? One of these is dated just after charge off

2010and midland aquired debt 2012 we are already going on the third month with no communication from the court as to date to appear for pretrial

Link to comment
Share on other sites

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.

 

 

 

You need to clarify this. The rest of your post indicates that Midland bought this from the OC. They need a proper bill of sale identifying your specific account. They also need to produce statements from the account, preferably all of them, the agreements in force during the life of the account, and an affidavit from the OC. Usually they only have their own affidavit. Ask for this in discovery. You can send these if you haven't already sent them, don't recall giving you these. They work well.

 

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, or any document setting forth any guarantees or  warrantees (or lack thereof) from the original creditor attesting to the accuracy of the account balances.

Link to comment
Share on other sites

http://www.stcl.edu/library/TexasRulesProject/TRCP186-193/rule190Dec1998.htm

(1) Discovery period. All discovery must be con­ducted during the discovery period, which begins when the suit is filed and continues until 30 days before the date set for trial.

(2) Total time for oral depositions. Each party may have no more than six hours in total to examine and cross-examine all witnesses in oral depositions. The parties may agree to expand this limit up to ten hours in total, but not more except by court order. The court may modify the deposition hours so that no party is given unfair advantage.

(3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.

(d) Reopening discovery. When the filing of a pleading or an amended or supplemental pleading renders this subdivision no longer applicable, the discovery period reopens, and discovery must be completed within the limitations provided in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be redeposed. On motion of any party, the court should continue the trial date if nec­essary to permit completion of discovery.

Link to comment
Share on other sites

Did they send a request for disclosure?

If so it must be answered.

No request for disclosure. Two other collections companies have attempted to collect this debt prior to midland . I "might" ;) have copies of those collection attempts which date prior to the purchase by midland by two years. I might have even made a payment with one :/

Midland claims direct purchase from chase bank producing forward flow redacted bill of sale and a robo signed affidavit from Martin Lavergne from chase bank .

Link to comment
Share on other sites

Did you check your credit reporting, it should have the answer as to who has claimed the account. Anyone can try to collect for the OC as long as they have been asked to do so. I had four different collectors for one account and only one claimed to have purchased it. Also, the OC should state that it has been sold in the credit reports, go see for yourself.

Link to comment
Share on other sites

Pulled Credit Report

OC says assigned or purchased

MIDLAND HOWEVER.. Has made up a new account number on credit report

A new opening date for the account which was two years after the charge off from OC

They are reporting payments as 120 days late/ past due....Re-ageing debt.. False sworn affidavits ...Starting to wish I had counter sued ...

Tsk Tsk .. SMH..... Ideas on a short letter to send them to make them run?

Eyelids are getting heavy.. Night.. More studying tomorrow .

Link to comment
Share on other sites

Others here can comment on the account number and if that is a reporting violation. The charge off date and opening date from JDB are unrelated they don't have to match. It just means they sold the account two years after the charge off and if it is in the contact they can still add interest to the credit report, however collecting that amount in court is a different story. The SOL starts counting from the last payment or use of card. Was this account ever with WAMU or Providian? these banks failed and merged with Chase.

Link to comment
Share on other sites

Pulled Credit Report

OC says assigned or purchased

MIDLAND HOWEVER.. Has made up a new account number on credit report

A new opening date for the account which was two years after the charge off from OC

They are reporting payments as 120 days late/ past due....Re-ageing debt.. False sworn affidavits ...Starting to wish I had counter sued ...

Tsk Tsk .. SMH..... Ideas on a short letter to send them to make them run?

Eyelids are getting heavy.. Night.. More studying tomorrow .

 

Midland is reporting a different account number because they've assigned their own number to the account.  They're allowed to do that because it's allegedly their account now.

 

The new opening date is the date Midland opened the account in their records.  It has nothing to do with the date the account was actually opened with the OC and does NOT keep it on your CR longer.   The 7 year reporting period is based upon the date of first delinquency reported by the OC.  When the OC's entry falls off, Midland's entry will fall off as well.

Link to comment
Share on other sites

Midland is reporting a different account number because they've assigned their own number to the account. They're allowed to do that because it's allegedly their account now.

The new opening date is the date Midland opened the account in their records. It has nothing to do with the date the account was actually opened with the OC and does NOT keep it on your CR longer. The 7 year reporting period is based upon the date of first delinquency reported by the OC. When the OC's entry falls off, Midland's entry will fall off as well.

I sure hope your are right. This collections account was rePorted a bit differently a month ago to look like an established account. Same as last September. Had I not disputed it I may not have been sued. When I began asking for a prove up with my response to the suit, something strange happened on the credit reports .. They all were reporting partial information REALLY QUICK... Then as I pulled them equifax came back looking like a "loan" again except it is reported as a closed account 120 days past due and pretty well de identified except for a footnote from me saying transferred or sold collections account.

Experian has purchased account but no amount . Transunion has it it in dispute. No amount but open account

It is my fear that they were attempting to re-age the debt .. It is really dropping my equifax score. The only difference in the several reportings is HOW they are worded and reported....

Thanks for the post. Anything and everything helps!

Makes me feel a bit better to have explained , but not altogether .. Something in my gut says keep your eye on it.

Link to comment
Share on other sites

Thank you for the advice. See, this is showing the debt twice and putting an extra amount on my debts owed. Not just a charge off ... But also increasing the Actual debt reporting to double the amount. They have another one from 2006. I actually have a letter I found from then on that one and they said pay up and we will put paid in full on the account. I thought they couldn't do that..... Another matter.. But looks like they re aged that one too .. Aquired in 2008.. It says open and has been accruing interest?? I am sick!

How do you defend yourself if you give a general denial.? I paid once to a debt collector on the account.. I have letters from 2 diff collectors on that account dated before they purchased it by two years! They refuse to submit my contract signed by me . They give me a redacted bill of sale that has nothing to identify my account coming from chase .. And a sworn statement saying they did by a robo signer....they say they have established I am able to pay... With what? Majic beans? I can't afford an attorney .. I wish I could .

Link to comment
Share on other sites

@gingerbread man

 

I really am correct about Midland creating their own account number.  They bought the account and do not have the same account numbers as the OC would have.   They have to have their own account numbers for their own records. 

 

Regarding the date of first delinquency (DOFD) provided by the OC, it's written in the FCRA that no account can remain longer than 7 years after the DOFD.  Since you don't have an account or an agreement with Midland, there would be no DOFD with them.  That date can only be provided by the OC.  Also, the account was originally with the OC.  It's still the same account.  That's why the 7 year period depends on the date reported by the OC.

 


See, this is showing the debt twice and putting an extra amount on my debts owed. Not just a charge off ... But also increasing the Actual debt reporting to double the amount.

 

Our credit reports are a history.  Yes, an account reported by an OC and also reported by a CA/JDB reports the account twice but that is legal under the FCRA.  When an account has been sent to collection or sold to a JDB, that's part of our credit history.   It doesn't mean it's an attempt to make it appear that you owe more than you do (double the amount).   It's just that a CA/JDB is allowed to report even though we don't like it.

 

Keep track of reported collection accounts.  If they report a date of first delinquency (DOFD), they  must report the same date as the OC.   It's a good idea to get a copy of your report that shows the OC's DOFD.  Once the OC's entry falls off, if the CA/JDB attempts to keep their entry on longer, you have proof of that DOFD to show that the collection account should no longer be reported.

Link to comment
Share on other sites

@gingerbread man

 

Ok, I think I understand you now. 

 

I believe both Experian and Equifax show a payment history.   Not sure about Transunion.  That history might be a list of dates and payments.  The other might be in the form of a type of graph.  If the 120 days to which you're referring is part of the payment history as would have been reported by the OC,  then the JDB is doing just that.  They're reporting what the OC reported.  As long as the OC was reporting accurately, the JDB is reporting accurately.

 

However, if that "120 days late" is just a note or a sentence, I'd dispute it.  The account is not merely late.  It's charged off and closed.  

 

Now, is the reference to 120 days reaging your account?  No.  Is it hurting your credit score?  I don't know. 

 

Is Midland reporting an "account status"?  If so, what are they reporting?

Link to comment
Share on other sites

  • 10 months later...

I will have to look again to accurately report back based on fact . Thank you for taking the time to figure out what I am talking about. Will post soon

 

Hi Gingerbread Man.   Just like to check back and see what may have transpired.   Any updates?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.