mom34

Midland in Arkansas - Request for Admissions

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I hope some of you are on here today. It is a rainy day, so maybe you have time for me!
I have my "Requests for Admissions" sent by Stephen Lamb for Midland.
Here is what they want me to admit:

#1: Admit that you are a resident of ## County, state

#2 Admit that you charged on the account, which is the subject of this lawsuit.

#3 Admit that the principal amount past due on said account, which has not been paid, and has been owed for a long period of time is $###

#4 Admit that monthly statements/bills in regard to this account were went to you and received by you.

#5 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account.

#6 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account.

#7 Admit that you do not have any documentation indicating the balance of this account to be less than $##

You are hereby notified that should you fail to respond to said Requests for Admissions within 30 days allowed, each of the matters contained herein shall be taken as admitted; and should you deny any of the Requests herein, the truth of which is hereby proved, applicaiton will be made to the Court for an Order requiring you to pay the reasonable expenses incurred in making such proof, including a reasonable attourney's fee, and jury fees, if any.

No signatures by the lawyer. Just stamped.

Also, does not ask for my signature.

I have read back through and studied all the advice and can't seem to find how to answer this. I know I read it before.
Thanks for any help!!
 

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@mom34

 

Here's a link to some answers to admissions which were provided by a knowledgeable member on this site.   See if the answers can be tailored to your admissions.

 

http://www.creditinfocenter.com/community/topic/319927-help-with-discovery-from-cavalry-spv-i-llc-41613/

 

 

Let me ask this.  Did they provide any definitions with the discovery requests such as something that states "plaintiff" and "original creditor" (whoever the OC was) are one and the same for the purpose of the discovery requests?  In other words, when they say "plaintiff" as they did in #5, could they also mean the OC?

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I don't find anything like that.  The only thing that is different than what I originally posted is the first paragraph:

 

Plaintiff requests that said Defendant within thirty (30) days after service of this Request to make the following Admissions for the purpose of this action only and subject to all pertinent objections and admissibility which may be interposed at the trial.  Said Plaintiff(s) reserves the right to proceed under Arkansas Rules of Civil Procedure Rule 36; regarding those Requests for Admissions that should be denied by the Defendent(s).

 

Thanks for you help!!

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I saw in your other post that they sent a copy of a credit card statement from the OC.  The reason I asked about the definitions is because #5 implies that the Plaintiff, Midland,  offered the credit.  That's not true.  The OC offered credit.  As a result, you never would have asked Midland to stop credit.

 

Here's my suggestion for #5.  #6 is a repeat of #5.  Was that their mistake?

 

5.  Objection.  Plaintiff has never extended credit to Defendant.  Without waiving the foregoing objection, Defendant admits that he/she never wrote any complaints to Plaintiff or requested that Plaintiff stop credit on the alleged account.

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That seems logical for #5!   Thanks! 

 

I am wonding if #'s 5 & 6 are meant to confuse me?  Kinda strange.

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I have some new details in my case.  I sent the Attorney my "Response to Plaintiff's Request for Admissions" .  In return he sent me numerous copies of CC statements.  I was preparing to send him my "Request for Production of Documents".  So, I now know that is something I do not need to include in my request.  Any suggestions from anyone?  Thanks for your help!

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cc statements mean nothing.  What does mean something is the bill of sale for the account, an affidavit in lieu from the ORIGINAL creditor, something that affixes the bill of sale to your account, a witness's name address and phone number that can testify for the plaintiff.  even then there are ways to tear their evidence down.  Oh don't forget, if the bill of sale doesn't list them, but some other jdb, then they need all that stuff from each person in the chain. 

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I really appreciate that info Shellieh98! 

 

What would you suggest I ask for in my "Request for Documents". 

 

Preparing that request to send out sometime this week. 

 

I really appreciate any advice I can get!!

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Here is a good example of a RFD, change the info to reflect yours.

 

 

IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS
ASSOCIATE JUDGE DIVISION
STATE OF MISSOURI
MIDLAND FUNDING LLC, XXXXX )
)
) Case No: 99999
Plaintiff, ) Division: 99
)
vs )
)
JANE J DOE )
)
Defendant. )
REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO
PLAINTIFF MIDLAND FUNDING LLC
COMES NOW Defendant JANE DOE, pursuant to Civil Rule 58.01, and requests Plaintiff, Midland Funding LLC to produce the following documents for inspection and copying at the law offices of Plaintiff’s attorney, ADDRESS HERE within thirty (30) days or as counsel may mutually agree.
DEFINITIONS
The following definitions are to be used in responding to the following interrogatories.
A. “Plaintiff,” means MIDLAND FUNDING LLC, ASSIGNEE OF XXXXX, or any agent, employee, officer, director, or any other person acting on its behalf.
B. “Defendant” means, JANE DOE an individual.
C. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports. 
D. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant or Defendant and XXXXXX.
DOCUMENTS TO BE PRODUCED
1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence.
2. The alleged credit application from Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999 bearing the defendant’s signature;
3. The alleged credit agreement from Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999 that states interest rate, grace period, terms of repayment, et cetera;
4. Itemized statements or credit card statements from Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999 that demonstrate how the alleged amount of $1000.00 was calculated;
5. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
6. Letter(s) sent to defendant by Midland Funding LLC, demonstrating an attempt to collect on the alleged debt, Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;
8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;
10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).
11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);
12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;
13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
Jane J. Doe
By: _______________________________
Jane. J. Doe, Defendant
Your address & phone number 

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: LAW OFFICES ADDRESS, on 1 /1/00.

__________________________________

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Thank you!

 

Trying to decide when to send it all.  I just sent my response to his request for admissions and got the signature card back on Saturday.  Trying to determine how to time it all out.

 

I really appreciate all advice!

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Thank you!

 

Trying to decide when to send it all.  I just sent my response to his request for admissions and got the signature card back on Saturday.  Trying to determine how to time it all out.

 

I really appreciate all advice!

 

I suppose there could be as many opinions on strategy as there are forum members -- there are many variables.  In my opinion, I would send the 'Request for Production of Documents' asap and a day later your own 'Request for Admissions.'  By the time he mulls over the 'document' request -- BAM -- he gets a lengthy 'admissions' request.  You would simply be tossing the ball back into his court (so to speak).  He has 30 days to answer BOTH as well.  I say don't give him extra days -- lay it out now.  Your answer to him shows that he will not be receiving an expected default summary judgement.  You are one of the 1% who won't be pushed around.

 

If it appears he may take the full 30 days to respond, have your own 'motion to dismiss WITH prejudice' ready to file on day 31, just in case.  I know that is in the future, but be aware that the 'Arkansas Rules of Civil Procedure' say you must have tried to contact him within that 30-day time period to "remind him" that you have gotten no response from him.  It likely won't get to this point -- but always be a step ahead whenever possible.  That way, you are immediately able to react with the appropriate response/motion.

 

Good luck!

Jimmy E

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There used to be a guy from your state that posted here all the time that answered all the Midland questions.   You might look back at some old threads.   There were usually a lot of posters posting case law and giving advice whenever he answered something about Midland.  It appeared he had a lot of peple with some good cases that always posted in the Midland topics.  I think he had beaten them a bunch.  I'm not sure but it seemed like he had a whole bunch of people that would give a lot of answers about Midland.  You might look at some old things about Midland and your state.  I think he got run off from here because some of the attorneys did not like the way he won.  He was really aggressive but I think all he did was win and seems like he got some personal joy if it was Midland.   Use Midland in the search thing.   But credit card statements don't mean they win but that is not good if they have them because they usually don't. 

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Actually all the other side usually has IS cc statements. They don't usually have them all from the time the account is opened to charge off because they have to pay extra for each page. They have to pay extra for each piece of their evidence. They don't know what kind of evidence they have when they file because they are not going to spend that extra money to get the evidence first when they win 90% of their suits on default judgements. They are supposed to have it all before they file suit, but they rarely do.

I would wait to send any admission for them....here is why. If they fail to send you the requested documents, you can tailor your admissions to what they failed to send you. So if they don't send you a bill of sale with the account agreement to it, you can say "admit you do not have a bill of sale with assignment rights for account xxxx which is subject of this complaint". Then if they deny......ok then send it, I already asked. If they don't answer, it is deemed admitted. Admitted, no case. So save those for later after you get your rfd's back.

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Actually all the other side usually has IS cc statements. They don't usually have them all from the time the account is opened to charge off because they have to pay extra for each page. They have to pay extra for each piece of their evidence. They don't know what kind of evidence they have when they file because they are not going to spend that extra money to get the evidence first when they win 90% of their suits on default judgements. They are supposed to have it all before they file suit, but they rarely do.

I would wait to send any admission for them....here is why. If they fail to send you the requested documents, you can tailor your admissions to what they failed to send you. So if they don't send you a bill of sale with the account agreement to it, you can say "admit you do not have a bill of sale with assignment rights for account xxxx which is subject of this complaint". Then if they deny......ok then send it, I already asked. If they don't answer, it is deemed admitted. Admitted, no case. So save those for later after you get your rfd's back.

 

 

I actually did mine just the opposite. I sent my RFAs first. They denied most everything I asked for. For example, I said "Admit that Plaintiff does not have, in its immediate custody and control, a copy of the contract allegedly entered into by Defendant.". They denied that. So in my RFDs, I asked them for the copy of the contract.

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yep it can work both ways, use one against the other.

 

True, it can work both ways.  To Mom34 -- send that 'Request for Production of Documents' yesterday in my opinion because they are short and to the point.  I do not believe Plaintiff will be able to produce what you ask.  As I mentioned before, each has his own strategy, but I see no reason to hold off sending the 'Request for Admissions,' especially since it is you who "propounded your FIRST set of request for admissions" -- meaning, it is your right to "propound your SECOND" 'RFA' based on how the first set is answered.  This back-and-forth is all part of the 'discovery' process.  Depending on the answers you get from Plaintiff, you may need additional information (discovery).

 

What's the old saying -- "six one way, half-a-dozen another?"  Remember, Plaintiff still has to PROVE his case, or drop it.

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I really see your point Jimmy E.  Thanks for everyones input.  This is all still very confusing to me.  Learning as I go.

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There used to be a guy from your state that posted here all the time that answered all the Midland questions.   You might look back at some old threads.   There were usually a lot of posters posting case law and giving advice whenever he answered something about Midland.  It appeared he had a lot of peple with some good cases that always posted in the Midland topics.  I think he had beaten them a bunch.  I'm not sure but it seemed like he had a whole bunch of people that would give a lot of answers about Midland.  You might look at some old things about Midland and your state.  I think he got run off from here because some of the attorneys did not like the way he won.  He was really aggressive but I think all he did was win and seems like he got some personal joy if it was Midland.   Use Midland in the search thing.   But credit card statements don't mean they win but that is not good if they have them because they usually don't. 

I think you're referring to Coltfan1972. He replied to OP's other thread in March. I love reading his stuff. He's had cases where he admitted to the debt being his and still won in court.

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I think you're referring to Coltfan1972. He replied to OP's other thread in March. I love reading his stuff. He's had cases where he admitted to the debt being his and still won in court.

 

I agree!  He helped me a lot in March.  I have really learned a lot from his threads. 

 

I have studied some of them to prepare in case I have to go to court.  I don't know if I can be as confident as he is though.  I truly don't know what I would have done to prove my case if I hadn't found this site.

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I agree!  He helped me a lot in March.  I have really learned a lot from his threads. 

 

I have studied some of them to prepare in case I have to go to court.  I don't know if I can be as confident as he is though.  I truly don't know what I would have done to prove my case if I hadn't found this site.

 

It's my understanding that Coltfan1972 was banned from the forum for a number of different reasons -- none of which I understand.  I know he was 'gloating' over an upcoming case of his whereby an FDCPA (or similar) violation was allegedly committed against him.

 

While Moderators of this forum wrote that other factors unknown to the forum "public" were considered besides Coltfan's actual POSTS in deciding his being banned, it is still a bit confusing to me.  Without knowing the "other factors" moderators ultimately used, I can't say if they were justified or not.  However, the interesting part for those who closely followed Coltfan's posts regarding his OWN case, scattered among the comments members were writing included moderators THEMSELVES including their "congratulations" and "way to go" entries.

 

In the end, the attorney AGAINST Coltfan began using entries he made about them directly on this forum -- actually inviting them to read what he was saying about them.  In my honest opinion, I believe the Moderators did not want the attention of this forum being evidence in a trial, stepped back, and banned Coltfan for not using the CIC forum for its intended purpose -- to offer advice and help people, but instead, used his particular thread at the time to 'mock' his opposition.

 

Dunno.... Maybe the Moderators will ban me for saying all of this -- or give me a warning -- but I believe everyone whose been a part of this forum for any amount of time, knows Coltfan1972's thousands of posts helping countless numbers of pro se litigants FAR outweighs the reasons given for his banishment.

 

Just my opinion -- not a crusade.  Thanks for reading.

 

Jimmy E

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I agree Jimmy!

 

I don't know much about what happened.  I only know what others have told me.  So, I actually don't know the whole story.  I hope the moderators don't take this wrong, but I feel as though the ban should be lifted.  He has been such a great help to so many people on here.  He is very knowledgeable and most of us could not get through this time with-out him.  I truly believe that all he has done for the good should out-weigh what the moderators disagree with.

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I agree Jimmy!

 

I don't know much about what happened.  I only know what others have told me.  So, I actually don't know the whole story.  I hope the moderators don't take this wrong, but I feel as though the ban should be lifted.  He has been such a great help to so many people on here.  He is very knowledgeable and most of us could not get through this time with-out him.  I truly believe that all he has done for the good should out-weigh what the moderators disagree with.

 

I will say one final thing about this.  The only ones who know the true story are Moderators and Coltfan1972.  To be fair, I don't assume the moderators have NOT lifted the ban -- they likely have because they are all-around nice people.  I believe, and this is just my own opinion, that Coltfan1972 took his banishment as a slap in the face and doesn't care to "come back" -- seeing the very Moderators who lauded positives in his posts as now stabbing him in the back, banishing him at what appears to be the very moment his opposition attorney is 'gathering evidence' from the forum.

 

We don't know the FULL story -- and Moderators have pointed that out in the handful of posts I read.

 

Finally, don't let this "incident" keep you away!  Coltfan1972 is great in my opinion -- but there are COUNTLESS others whom I hold in very high esteem -- many Moderators included!  No one person has a monopoly on sound advice and opinion.  Bottom line -- if you have legal questions, there are MANY people who can guide you in the right direction.

 

Best,

Jimmy E

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I couldn't agree more, Jimmy. The folks in Arkansas can still learn a lot reading his threads, and there are a lot of knowledgable people who are still active on the boards and always willing to help.

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