Another MF suit

[buckoff]

1. Who is the named plaintiff in the suit?

MF, LLC (play on words... get it?)

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Rausch, Strum, Israel, Enerson & Hornik, PLCC

3. How much are you being sued for?

8k<d<9k

4. Who is the original creditor? (if not the Plaintiff)
Chase via WaMu (originally Providian, although the complaint does not state that)

5. How do you know you are being sued? (You were served, right?)
served

6. How were you served? (Mail, In person, Notice on door)
in person, and properly

 

7. Was the service legal as required by your state?

I can take no issue here

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I am sure there was some... letters and phone calls. Letters unopened and never answer numbers we don't recognize.

9. What state and county do you live in?
MT, Gallatin

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Seems silly and irresponsible, but I really cannot say. I believe that it was in 2010.

11. What is the SOL on the debt? To find out:

In MT it is now 8 yrs, however, Providian routinely used an agreement which used a 2 yr SOL if my memory serves.

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

We are currently in discovery. I answered the original complaint denying everything except where they claim we live. I admit that I live in Gallatin County, MT.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
No.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Our answer to plaintiff's discovery request is due May 4. I am proceeding with writing discovery via all of the info I have gleaned here (thank you very much guys!) and will take ANY thoughts, advice and structure in requesting discovery from MF.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

This is rich, because in the complaint there was not one shred of proof other than the allegations and prayer for relief. After I answered, attorney for plaintiff sent discovery which I have yet to answer. In that request he attached 4 months of statements from Chase in 2011 showing the only activity as fees being charged by Chase and interest. I do not recollect ever getting a statement from Chase, much less WaMu. Next we have a heavily redacted Bill of Sale from Chase to MF in 2011 with the cursory and customary non-warranty by the seller. And next is the closing statement in late 2011 that is almost entirely redacted except for the parties involved and the date. All hidden is the number of accounts, total unpaid balances of the accounts, purchase price percentage, final purchase price and the wiring instructions. The final Coup de Gras is the attachment of an affidavit from a person who is employed as a “Legal Specialist” by an MF affiliated company and “has knowledge” how MF sister company “maintains” the accounts and is “familiar” in the “manner and method” that MF affiliate “creates and maintains” its records. This poor affiant also happens to be a convicted felon on probation (by my own research) and appears to have obtained her own notary commission two months prior to attesting to the validity of our case. Me thinks that a State of our Union would frown upon convicted felons acting in the capacity of Notary Publics, although that is conjecture as I have not researched the requirements. Smell of fraud?... Perhaps.

 

I am ready to unload on these people, however, I lack the knowledge and experience to do so. Any help and advice will most certainly be appreciated. Thanks.

[shellieh98]

Do an online search for the governing credit agreement.  Do any of the statements they sent you show the last time you paid on the account? It sounds like an old account, might be able to borrow their sol if that would make it.

Otherwise, you need to do discovery, and answer theirs.  Post them, and we will help you answer them without giving them the stuff they want--you shouldn't have to prove their case for them.

The affidavit will be easy to get thrown out, you will need to get your own affidavit to duel theirs, also a motion to strike theres based on 1. hearsay, and 2. go look up in your rules for civil procedure, it will tell you if affiant can have a record. But if you use that I would make sure they have a record.  

There are lots of discovery requests posted, I would get your own list together.  Post them here when you are done, and others will chime in on what you should include and what you should throw out.  Do it in the same format they did for you.

most of all, and I cannot stress enough is to read your rules for civil procedure for montana.  Not every state has the same rules.

Seadragon has a great list of examples for dueling affidavits, for motions to strike them, production of documents, etc.  in his posts, I would seek them out. 

[buckoff]

Yhank you very much for your thoughts and encouragement. I read your own travails in the past few days which gave me courage to register and post. Interestingly, the discovery requests for admissions and rogs mirrored yours almost verbatim, leading me to muse that they are canned from a central sourcw of suing/talking points. Thanks very much for your response,

[shellieh98]

Ya I think the lawyers are part of some online source that they borrow from. (we are not privy to that lol) It's still kinda funny that they have a ton of information available to them online that would be harder for us regular folks to get, yet they somehow still mess it up.  Or they think we are stupid, and think they can do all sorts of illegal things, and wont get caught.  Happens all the time, and most the time they don't get caught.  Even if they do, such a small percentage it is still profitable for them to do it.

[buckoff]

Very sad indeed that they get away with it. :-\ Complacency and ego surely breeds that sort of cavalier attitude. I continue vigilence in thwarting their slothful and loathesome attempts to take advantage of the disadvantaged.

[buckoff]

Me included.