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Sued in Ohio by Midland


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I should have done this weeks ago, but thankfully there's still time.

 

1. Who is the named plaintiff in the suit? Midland Funding

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

Appears to be in house attorneys 

3. How much are you being sued for? $2100

4. Who is the original creditor? (if not the Plaintiff) Citibank 

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) Registered Mail

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember receiving anything from Midland

9. What state and county do you live in? OH, Butler

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I'm not sure, and I can't tell by the bill they provided me. 

11. What is the SOL on the debt? To find out: 6 years, based on where I live now. 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Had pretrial conference, next date is late June.  Rec'd Discovery request about 2 weeks ago, have about 10 - 14 days to respond.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes to the credit bureaus, no to the creditor.

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 - they filed suit soon after I disputed.

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? I responded already.  Working on discovery.  Read the rules of procedure for Ohio.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A bill with my name on it from August of 2008.  It has the full account number.  The bill shows a late fee and the amount past due is about a third of the total balance, so I don't think this bill is from the last date of delinquency.  I'm not sure about this account.  I remember my ex husband had an account, and I was an authorized user, but it was not a joint account.  Also, my ex husband remarried someone with a similar name soon after we divorced, and her name started appearing on my credit report, but the bill is not in her name.  Still, I honestly don't know where this account is coming from.

 

Please help!

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Rec'd the following Combined Interrogatories, Request for Admissions and Request for Production of Documents.  Here is what I have so far, based on some ideas I got from the forum.  Words in () are not included in the response.  I'm so nervous, I would love feedback!

 

Interrogatory

 

1. State you full name, current address, social security number, date of birth and telephone number.

  (I'm fine with doing this, except for the ssn - I'd rather not)

 

2. Provide the names, addresses and telephone numbers of all persons who assisted you in responding to these Combined Interrogatories, Request for Admissions and Request for Production of Documents.

 

(as of today, no one.  But if I get advice from anonymous members from this board, how should I rephrase?)

 

3.  Provide any other legal names by which you have been known.

 (I have 3, should I list them or object?)

 

4. Identify your current employer, job title, and length of employment at your current job.

(I'd rather not tell them, but will objecting look bad?  Do I have grounds to object?)

 

Request for Admission

5. Admit that you applied for credit with CITIBANK, USA, N.A..

 

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny.

 

Interrogatory

 

6. If you deny request for Admission No. 5, please state, with particularity, the basis for such denial.

 

Request for Admission

7.  Admit that the account was opened in your name on (date)

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny.

 

Interrogatory

8. If your Answer to Request for Admission No. 7 is a denial, please state particularity, the basis for such denial.

 

Request for Admission

9. Admit that you used the credit card described herein to make purchases.

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny.

 

Interrogatory

10.If your Answer to Request for Admission No. 9 is a denial, please state particularity, the basis for such denial.

 

 

Request for Admission

11. Admit that you received periodic statements for the account.

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny.

 

Interrogatory.

 

 

12. If your Answer to Request for Admission No. 11 is a denial, please state particularity, the basis for such denial.

 

 

Request for Admission

13. Admit that at no time did you ever contact CITIBANK, USA, N.A to dispute a transaction appearing on your periodic statement.

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny.

 

Interrogatory

14. If your Answer to Request for Admission No. 13 is a denial, please identify the following:

a) the dollar amount of any disputed transaction.

b ) the date the disputed transaction was incurred.

c) the merchant to whom the disputed dollar amount was paid.

d) The date you contacted the creditor to dispute the transaction.

 

Request for the Production of Documents

15.  Provide copies of all correspondence sent to CITIBANK USA, N.A. pertaining to any disputed transactions.

 Defendant has no such correspondence.

16.  Provide copies of all correspondence sent to you by the CITIBANK USA, N.A pertaining to dispute claims.

Defendant has no such correspondence.

 

 

Request for Admission

17.  Admit that you were responsible to pay the total balance due on the account, including interest, as prayed for in the Plaintiff's complaint. 

 

 

 

(Should I deny here, or object?)

 

 

Interrogatory

18. If your Answer to Request for Admission No. 17 is a denial, please state particularity, the basis for such denial.

 

Request for Admission

19.  Admit that not all payments on the account were made in a timely manner.

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny

 

Interrogatory

20. If your Answer to Request for Admission  No. 17 is a denial, please state particularity, the basis for such denial.

 
Request for Admission
21. Admit that you failed to pay the total amount due on the account.

 Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny

 

Interrogatory

22.   If your Answer to Request for Admission  No. 21 is a denial, please state particularity, the basis for such denial.

 

Request for Admission

23.  Admit that the Plaintiff is not the owner of the account, having acquired all right, title & interest in the unpaid credit card debt.

 

Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny

 

Interrogatory

 

24. If your Answer to Request for Admission  No. 21 is a denial, please state particularity, the basis for such denial.

 
Request for Admission
25.  Admit that the balance now due and owing on the account is the amount prayed for in Plaintiff's complaint.
Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information and to draw a conclusion based on hearsay or speculation, therefore the defendant cannot admit or deny

 

Interrogatory.

26.  If your Answer to Request for Admission No. 258 is a denial, state the amount which you admit is currently due and owing, and fully explain your reason(s) why this amount is due and owing rather than the amounts set forth in the Plaintiff's complaint.

 

27.  State with particularity the basis of any denials stated in your Answer to Plaintiff's compliant.

(Not sure what to put here - I answered most of them as neither admit or deny).

 

28.  State, with particularity, the basis of any affirmative defenses asserted in your Answer to Plaintiff's complaint.

( I used the following affirmative defenses: Lack of Privity, Plaintiff has not proven that the debt is valid or accurate, unjust enrichment, Plaintiff hasn't proven that the debt isn't time-barred - are they looking for case law?  Should I just restate what I put in my answer?)

 

Interrogatory

29.  Please identify all financial institutions at which you held checking or savings accounts from (date) to (date) including:

 

a) The name of the financial instituition. (two now defunct banks)

b ) The address for the branch at which the account was opened

c) The date the account was opened (I have no clue)

d) Whether the account was a checking or a savings account.

e)  The account number  (I have no clue - ex has all those records)

 

(Should I object or give them the information that I have?  How do I word the ones I don't have the information for?)

 

Request for the Production of Documents.

 

30.  Produce copies of any and all documents that you plan to introduce at any trial or hearing in this matter.

 

At this time, Defendant does not have any documents to introduce.

 

Interrogatory

 

31.  Identify all individuals with direct knowledge of this matter, as well as those individuals you intend to call as a witness at any trial or hearing in this matter.

 

Defendant is unaware of any individuals with direct knowledge of this matter, and does not intend to call any witnesses.

 

 

 

Request for the Production of Documents.

 

32.  Produce any and all written documents currently in the possession of Defendant and/or agent relative to the account in question, including, but not limited to letters, notes pertaining to phone calls, cancelled checks, statements, agreements or any other written correspondence or evidence establishing that you do not owe the balance as prayed for in the Plaintiff's complaint.

 

At this time, Defendant does not have any documents to introduce.

 

Request for Admission

33. Admit that you received the credit card statement, a copy of which is attached hereto as "Exhibit A"

 

Admit.

 

34. If your Answer to Request for Admission  No. 33 is a denial, please state particularity, the basis for such denial.

 

 

 

 

So, this is quite long, so I am quite grateful to anyone who is reading this!  I will get these responded to and then send out my own discovery...

 

 

 

 

 

 

 

 

 

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If you were just an authorized user, and not a joint account holder, why not go on the offensive with that issue?  I don't think authorized users are liable.

 

If I were in this situation, I would file a motion to dismiss, with an affidavit that you were only an authorized user.

 

However, I don't have any Ohio case law on this at this time.

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@kax

 

See if this account is being reported on your credit report and if it indicates you were an authorized user. 

 

You stated that a bill was sent as evidence.  I assume you mean a credit card statement.  If you were merely an authorized user, your name should not be on any of the cc statements.

 

Does it also show your ex-husband's name?

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@ nobk4me and BV80.  

 

 

I did a more thorough check of some of my old credit reports, and it is a different account.  But I don't remember having this account, so I'm going to keep plugging away.  At least I can put that issue to rest, though.

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