jrg24

Being sued by Midland with Stillman Law Office as Attorneys

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should I add this to the POD

 

MCR 2.310©(2) provides that a party on whom a request for production of documents

is served must serve a written response within 28 days after service of the request.

 

 

Yes, absolutely. 

 

Edit: Your production list looks good to me.

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You should add in all of the rules, terms or definitions in the example that I sent you. That part, copy it word for word.

 

I will add them

 

should I send everything together (POD ROGS and ADMISSIONS)

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DEFENDANT’S FIRST REQUEST FOR ADMISSIONS

 

                Now comes, Defendant, Defendant Pro Se and propounds discovery upon the Plaintiff by way of their attorney under MCR 2.312 asks as follows:

 

Please remember you have 45 days to respond after being served with these requests for admissions.

 

Failure to allow discovery will be met with a motion to compel discovery, followed by a motion for sanctions.

 

You - means Plaintiff “Midland Funding LLC” and/or its attorneys, representatives, employees.

 

Original Creditor means OC.

 

Defendant means Defendant

 

“Documents” includes writings, statements, contract, drawings, graphs, charts, photographs, phone records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably useful form.

 

 

1.  Admit that Plaintiff purchases defaulted debts as a regular course of business.

2.  Admit that Plaintiff is not the original creditor of the alleged debt which is the subject of this lawsuit.

3.  Admit that Plaintiff is not an affiliate or subsidiary of GE MONEY BANK.

4.  Admit that Plaintiff does not now nor has ever originated records for GE MONEY BANK that would be maintained by that company in their regular course of business.

5.  Admit that Plaintiff does not calculate or maintain records for the benefit of GE MONEY BANK.

6.  Admit that Plaintiff does not have an application for an extension of credit from the Defendant.

7.  Admit that Plaintiff does not have an application for an extension of credit from the Defendant exhibiting a Signature from the Defendant.

8.  Admit that Plaintiff does not have access to all of the records created and maintained by GE MONEY BANK that pertain to the alleged account that is the subject of this lawsuit.

9.  Admit that Plaintiff has submitted all documentation in Plaintiff's possession related to the alleged debt which is the subject of this lawsuit.

10.  Admit the Plaintiff does not have an application for an extension of credit from the Defendant.

11.  Admit the Plaintiff does not have an application for an extension of credit from the Defendant exhibiting a Written Signature from the Defendant.

12.  Admit the Plaintiff does not have an application for an extension of credit exhibiting a Digital Signature from the Defendant.

13. Admit that Affiant, Jaimi Dittmer is employed by MIDLAND FUNDING LLC.

14. Admit that Affiant is not an employee of GE MONEY BANK.

15. Admit that Affiant has never been employed by GE MONEY BANK.

16. Admit that Affiant is not now nor has ever been involved in the creation of any records originated by GE MONEY BANK.

17. Admit that Affiant was not involved in the creation of the GE MONEY BANK credit card statement(s).

19. Admit that Affiant was not involved in the maintenance of the account statement(s) while they were allegedly in the possession of GE MONEY BANK.

19. Admit that Affiant does not have personal knowledge of the creation of records, record keeping methods, or maintenance of records of GE MONEY BANK.

20. Admit that Affiant does not have access to records created and maintained in the regular course of business of GE MONEY BANK while such records are in the possession of that company.

21. Admit that Affiant never had access to the submitted account statement(s) while they were allegedly in the possession of GE MONEY BANK.

22. Admit that Affiant cannot attest to the accuracy of the account statement(s) submitted into evidence by Plaintiff.

23. Admit that Affiant cannot attest to the authenticity of the account statement(s) submitted into evidence by Plaintiff.

24.Admit that Affiant cannot attest that the account statement(s) were maintained by a person with personal knowledge of the alleged account while the statement(s) were allegedly in the possession of GE MONEY BANK.

25. Admit that Plaintiff cannot prove accuracy of the account statement(s) submitted into evidence.

26. Admit that Plaintiff cannot prove the authenticity of the account statement(s) submitted into evidence.

27. Admit that Plaintiff cannot prove the account statement(s) were maintained by a person with personal knowledge of the alleged account before allegedly being acquired by Plaintiff.

 

 

 

 

PROOF OF SERVICE

 

The undersigned certifies that a copy of the foregoing Request for Admissions was served upon all interested parties to the above cause by mailing the same to them at their address disclosed by the pleadings of record herein, with first class postage on DATE, I declare under penalty and perjury that the statements above are true to the best of my knowledge, information and belief.

 

_________________________

DEFENDANT

Defendant, Pro Se

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Question

 

Since the only item attached to my complaint was the affidavit should I direct my  ROGS to the affiant?

 

I have looked at your bmc100 trying to apply some of them but it seems pretty short what else can I include?

 

suggestions please

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From looking at other examples one thing I would change.

 

Either

1) Define who the Affiant is in the begining where you define Defendant, Original creditor.

or

2) change the lines like 

16. Admit that Affiant is not now nor has ever been involved in the creation of any records originated by GE MONEY BANK.

to read

16. Admit that Affiant, Jaimi Dittmer, is not now nor has ever been involved in the creation of any records originated by GE MONEY BANK.

 

 

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received a few pages today:

 

first page Plaintiff's Witness List

Now comes the Plaintiff Midland Funding LLC by an through its counsel stillman, and hereby lists the following witnesses it may call to testify at trial:

1. Keeper of the records for the Plaintiff.

2. Any and all past, present, future employees, agents, representatives, and officers of Plaintiff with relevant  knowledge of this action.

3. Defendant

4. Any and all witnesses that become known through discovery.

5. Any and all witnesses listed by the Defendant

6. Any and all foundation witnesses.

7. Any and all rebuttal witnesses.

8. Plaintiff reserves the right to amend this list prior to trial.

 Respectfully submitted,

Stillman

 

Page 3

Plaintiff's Exhibit List

 

1. Any and all contracts, agreements, and writings by and between the parties relevant to this action.

2. Any and all correspondences, letter, e-mails, facsimiles, writings by and between the parties.

3. Any and all proofs of payments by Defendant to Plaintiff.

4. Any and all other account memoranda, statements and invoices by and between the parties.

5. Any and all documentation indicating the outstanding balance.

6. Any and all other applications relating to this action.

7. Any and all rebuttal documentation.

8. Any and all foundation documentation.

9. Any and all exhibits attached to the pleadings/case evaluation of both parties.

10. Any and all documentation that becomes known through discovery.

11. Field Data Report.

12. Pre-Legal Notification

13. Bill of Sale.

14. Plaintiff reserves the right to amend this list prior to trial.

Respectfully submitted 

Stillman

 

I have atleast 10 more pages to post (my scanner is down) so I will post more in a bit

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In your ROGS you have to ask specifically who their custodian of records is that they plan on using as a witness. I sent you that question in one of my emails.

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received a few pages today:

 

first page Plaintiff's Witness List

Now comes the Plaintiff Midland Funding LLC by an through its counsel stillman, and hereby lists the following witnesses it may call to testify at trial:

1. Keeper of the records for the Plaintiff.

2. Any and all past, present, future employees, agents, representatives, and officers of Plaintiff with relevant  knowledge of this action.

3. Defendant

4. Any and all witnesses that become known through discovery.

5. Any and all witnesses listed by the Defendant

6. Any and all foundation witnesses.

7. Any and all rebuttal witnesses.

8. Plaintiff reserves the right to amend this list prior to trial.

 Respectfully submitted,

Stillman

 

Page 3

Plaintiff's Exhibit List

 

1. Any and all contracts, agreements, and writings by and between the parties relevant to this action.

2. Any and all correspondences, letter, e-mails, facsimiles, writings by and between the parties.

3. Any and all proofs of payments by Defendant to Plaintiff.

4. Any and all other account memoranda, statements and invoices by and between the parties.

5. Any and all documentation indicating the outstanding balance.

6. Any and all other applications relating to this action.

7. Any and all rebuttal documentation.

8. Any and all foundation documentation.

9. Any and all exhibits attached to the pleadings/case evaluation of both parties.

10. Any and all documentation that becomes known through discovery.

11. Field Data Report.

12. Pre-Legal Notification

13. Bill of Sale.

14. Plaintiff reserves the right to amend this list prior to trial.

Respectfully submitted 

Stillman

 

I have atleast 10 more pages to post (my scanner is down) so I will post more in a bit

You received these FROM THE PLAINTIFF... ? 

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In your ROGS you have to ask specifically who their custodian of records is that they plan on using as a witness. I sent you that question in one of my email

 

will make sure that is included

 

 and yes I received this from the Plaintiff

 

and now on to the next page

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PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS

 

                          ADDMISSIONS TO BE ADMITTED OR DENIED

 

1. Pease admit that you entered into a contract for a line of credit (Original Account Number xxxx) with the Plaintiffs assignor.

2. Please admit the amount of the debt owed is the principal sum of 3xxx for the overdue balance.

3. Please admit that on or about November 6 2012 you received notice of your default and Midlands ownership of the instant account, evidenced by the Pre-Legal Reminder from Midland Credit Management, Inc. attached hereto as Exhibit A.

4. Please admit that you currently use the mailing address xxxx

5. If you do not or currently use the address stated in Request to admit 5, please admit that you previously used this mailing address.

6. Please admit that there is a valid assignment of this debt between GE Money Bank and Midland Funding, LLC, evidenced by both the Bill of Sale attached hereto as Exhibit B, and the Affidavit of Sale of Account of Original Creditor, attached hereto as Exhibit C. 

 

                                         Respectfully Submitted,

                                         Stillman

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PLAINTIFF'S FIRST SET OF INTERROGATORIES

 

1. Please state the name, address, business address, job title, and position of the person answering these interrogatories on behalf of the Defendant.

Answer. me

 

2. Prior to answering these interrogatories, have you made a due diligent search of all books, records, and papers of the Defendant.

Answer. yes

 

3. Please state the names and addresses and phone numbers of all the people who have knowledge of the facts of the instant case.

Answer my spouse

 

4. Identify any person s or experts you will call or may call at the trial of this adversary proceeding and state:

    a. The subject matter to which person and expert will testify.

Answer any witness the Plaintiff will call

 

5. Identify any document or record that you may offer into evidence  in the trial.

Answer (not sure how to answer)

 

6. Please list all the addresses where you have lived and/or received mail over the past ten years and the time period you lived and/or received mail at these addresses.

Answer (I have 4 different ones)

 

7. Please state whether Assignor had preformed a service for you. 

    a. Further, please provide whether you received a benefit as a result of these services.

    b. Further, please provide the type of benefit received.

Answer (help?!?!/ suggestions)

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PLAINTIFFS FIRST REQUEST FOR DOCUMENTS

 

                Documents to be Requested

 

1. Please produce all documents to manifest any and all allegations that you did not enter into a contractual obligation with the Plaintiffs assignor.

 

2. Please produce any and all documents that will support your answers to Plaintiffs Request of Admissions and Plaintiffs First Request for Interrogatories.

 

3. Please produce  all documents that will support your answer to Plaintiffs Complaint.

 

4. Please submit any cancelled checks, bank statements, line on credit statements or other documents that reflect payments made to the Plaintiff or assignor.

 

5. Please produce any and all documents in your possession relating to the account at issue.

 

6. Please produce all documents that you may use at time of trial.

 

                           Respectfully Submitted

                           Stillman

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This is listed as Exhibit A                 

                                                                                                                                                                                 GE MONEY BANK

                                                                                                                                                                                 CURRENT BALANCE

                                                                                                                                                                                 $3XXXX

                                                                                                                                                                                 call by  11-19-2012

 

Pre-Legal Reminder

Dear (ME)

Midland Credit Management, Inc. has made several attempts to contact you

regarding this account.  This letter is to inform you that we are considering

forwarding this account to an attorney in your state for possible litigation.

Upon receipt of this notice, please call immediately to discuss your options.

 

If we don't hear from you or receive payment by 11-19-2012, we may proceed with

forwarding this account to an attorney.

 

What do you need to do to stop this processing from continuing?

1. Mail in 500.00 and call to set up remanding payments, or

2. call us today to see how to qualify for discounts and affordable payments.

 

Let us help you

 Signed

H. Torres, Division Manager

 

 then on the bottom is a payment coupon  with the MCM Account # and the OC Account # and current balance

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this was the next page

 

MCM account #                                                                                                    Previous Balance $ 3XXXX

OC account #                                                                                                        Interest Rate  0 %

Statement date 11-06-2012  Due date 11-19-2012                                              Accrued Interest $0 

Current Owner Midland Funding LLC     Original Owner GE Money Bank       Current balance $ 3XXX

 

Due Date                Date Received                          Transactions                                                                          Amount

11-19-2012              11-06-2102                               The above referenced account was purchased                   $ 3XXXX

                                                                                  by Midland Funding LLC and is serviced by

                                                                                  Midland Credit Management, Inc.,(MCM). The

                                                                                  balance of #3XXX is due now.

 

                                                                                  Please direct all correspondence to: Midland

                                                                                  Credit Management, Inc.

 

                                                                                                                                                                            Current balance #3XXX

 

Please understand that this communication is from a debt collector. This is an attempt to collect a debt. Any information may be used for that purpose.

Calls may be monitored. ETC

As of the date of this letter you owe the amount listed as the Current Balance. Because of interest. late charges, and other charges that vary from day to day the amount due on the day you pay may be greater. Call for an exact payoff amount.

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Next was Exhibit B which was the same Bill of Sale that I have on posts 35 and 36 along with the same  Filed Data I have on post 34 and they have included this

Purchase Price Reconciliation/Funding Instructions

To: Midland Funding, LLC

This (REDACTED) RECIEVABLES PURCHASE AGREEMENT, is made this 25th day of September 2012, and between General Electric Capital Corporation, GE Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services,LLC., R Holding, LLC., and GEM Holding, LLC (collectively "Seller") and Midland Funding LLC (Buyer") with reference to the following facts and circumstances;

 

Portfolio                                              (REDACTED)

Agcy_Atty Code                                 (REDACTED)

Total Number of Accounts                  (REDACTED)

Outstanding Balances on Transfer Date           (REDACTED)

Cut-off Date                                September 19, 2012

Transfer Date                             September 24, 2012

Purchase Price Factor                (REDACTED)

Purchase Price                           (REDACTED)

0%   Holdout                               (REDACTED)

Amount of Wire Transfer             (REDACTED)

Date of Funding                          September 27, 222012

Bank:                                          (REDACTED)

ABA No:                                      (REDACTED)

Account No:                               (REDACTED)

Account Holder:                         (REDACTED)

Location:                                     (REDACTED)

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last Exhibit

 

AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR

the usual then this sentence

 

On or about 9/24/2012 GE Capital Bank (formally known as GE Money Bank) sold a pool of charge-off accounts (the accounts) by a purchase and Sale agreement and a Bill of Sale to Midland Funding LLC As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of GE Capital Retail Bank.

the Creditor has a process to detect  and correct errors on these accounts. The above statements are true to the best of my knowledge

Signed this d 11th day of December 2012

   Diane Stone

 

then there is a BLANKET CERTIFICATE OF CONFORMITY FOR THE NOTARY in the above affidavit

and PROOF OF SERVICE

 

This is everything comments or suggests appreciated

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I am in the process of typing up my Witness list and am looking to see if I missed anything

 

here is what I have so far

 

 

1.  Custodian of Records (the name of the witness will be sought in Discovery, prior to trial).  The Custodian of Records will be questioned as to what personal knowledge they could possibly have of GE MONEY BANK business and billing practices, and why this testimony should not be considered heresay.

 

2. Any and all witnesses revealed to Defendant through Discovery.
 

3. Any and all witnesses listed or utilized by Plaintiff.

 

4. Any and all past, present, future employees, agent, representatives, and officers of Plaintiff with relevant knowledge of this action.

 

5. Any and all foundation  witnesses.

 

6. Any and all rebuttal witnesses.

 

7. Defendant reserves the right to amend  this list prior to trial.

 

Comments? suggestions?

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Just saying, looks like Plaintiff still doesn't have any documentation/proof with your Name acct number etc.. :)

 

Bill of sale and only shows they sold something on a certain date. :)

 

You are posting right now.. BOTH .. what Plaintiff's Request of Admissions along with what you are crafting the Defendants Request as well ? 

. just saying, it is a little confusing.

 

Might want to consider putting the name of the affiant of the affidavit on the witness list...

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Just saying, looks like Plaintiff still doesn't have any documentation/proof with your Name acct number etc.. :-)

 

Bill of sale and only shows they sold something on a certain date.  :-)

 

You are posting right now.. BOTH .. what Plaintiff's Request of Admissions along with what you are crafting the Defendants Request as well ? 

. just saying, it is a little confusing.

 

Might want to consider putting the name of the affiant of the affidavit on the witness list...

 

Sorry it is a bit confusing had a family emergency out of state...... just wanted to post what I had then received and then thought I better respond.

I have a new scanner I will bundle all their "stuff" together (received my doc. request too) hopefully that will clarify everything 

and I will put the affiants name on the witness list thanks for suggesting that :)

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Update I have submitted my Rogs and Admissions  just a question I have to include a witness list which is partially included on post 70 I did add my spouse and the original affiant but do I need to do this considering I have already filed a counter affidavit? and her affidavit is considered untimely?

 

I have to submit an exhibit list should I list the Summons and Complaint as Exhibit A? (it would provide the untimely Affidavit) That is the only Exhibit I have unless anyone can suggest one or two.

 

I am also required to submit a Trial Brief outlining my theory by the time of the trial. I believe that I will go after the lack of Material fact and Standing to start looking into other avenues as well.

 

 

Thanks

 

I have answered Midlands ROGS and Admissions

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So in the midst of all this I have decided to add moving to my list ~sigh~ I have drafted a "change of address" form

 

it is set up like anything I send to the court (one will go to court one to Plaintiff) is this sufficient or do I need a court form?

 

I am residing in the same town so the same court applies

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I need some Advice please I am writing my replies to Midlands Request for Admissions and I have reached a stumbling block so here goes

 

1. Please admit that you entered into an account for a line of credit (original Account Number ) with the Plaintiffs assignor.

Answer: Objection. The information sought in this discovery request is equally available to the propounding party.

 

2. Please admit that the amount of the debt owed is the principal sum of $XXXX for the overdue balance.

Answer:   Objection: Defendant cannot admit or deny, Defendant is still not in receipt of verified and authenticated documents to make a reasonable determination.

 

3. Please admit that on or about Nov xx 2012 you received notice of your default and Midlands ownership of the instant account, evidenced by the Pre-Legal Reminder from Midland Credit Management, Inc. attached hereto as Exhibit A.

(ok I have never seen this until it showed up in a packet)

 

Answer: Objection. This statement is overly ambiguous and leaves the Defendant to guess at what Pre-Legal Reminder the Plaintiff is referring to although Defendant does admit to receiving documents "attached to Plaintiff's Response to Defendants' First Request for Production of Documents" and "plaintiff labeled as "Exhibit A'"

 

4. Please admit that you currently use the mailing address XXXX.

Answer: Admit, defendant has also supplied Plaintiff with defendants NEW address of XXXXXX, for use after the date of XXXX

5. If you do not currently use the mailing address stated in the Request to admit 5, please admit that you previously used this mailing address.

Answer: Admit and refer to Answer 4.

6. Please admit that there is a valid assignment of this debt between GE Money Bank and Midland Funding, LLC., evidenced by both the Bill of Sale attached hereto as Exhibit B, and the Affidavit of Sale of Account of Original Creditor, attached hereto as Exhibit C.

here is Exhibit B  BILL OF SALE

  BILL OF SALE

 

For value received  and in further consideration of the mutual covenants and conditions set forth in the Redacted Receivables Purchase Agreement (the "Agreement"),

dated as of this 25th day of September 2012 by and in between General Electric and the others(collectively "Seller") and Midland Funding, LLC ("Buyer"), Seller herby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except set forth in the Agreement to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement) delivered by the Seller to Buyer on each Transfer Date, and as further described in the agreement.

 

Then there areas for Signatures

GE Capital Retail Bank

By: ____________

Glenn Marino

Title: EVP _____________

 

General Electric Capital Corporation

By: ____________________

Glenn Marino

Title: VP ___________

 

GEMB Lending, Inc.

By: (signed)

Stephen Motta

Title: Director _________

 

Monogram Credit Services, LLC

By:______________

  Glenn Marino

Title: President

 

Page 4

 

RFS Holding, LLC

By: (signed)

Joseph Ressa

Title: CEO___________

 

GEM Holding, LLC

By (signed)

Joseph Ressa

Title: CEO____________

 

and then there is this

 

 

 Affidavit of Sale of Account of Original Creditor, attached hereto as Exhibit C.

 

State of MN

Diane Stone, being duly sworn , deposes and says:

 

I am over 18 and not a party of this action. I am a Collections Operations Representative of GE Capital Retail Bank. In this position I have access to creditors books and records, and am aware of the process of the sale and assignment of electronically stored business records.

 

On or about 2012 GE Capital Retail bank (formally known as GE Money Bank) sold a pool of charge-off accounts(the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC. As part of the sale of Accounts, electronic records and other records were transferred on Individual accounts to the debt buyer. These records were kept in the ordinary course of business of GE Capital Retail Bank.

 

The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge.

 

Signed this 11th day of December 2012

 

Notary signed this the same day.

 

there are no affidavits from any of the signatures on the bill of sale, and Diane clearly states a " pool of charge-off accounts were sold" there isn't an account number listed

Can I Object to this as not be authenticated? comments suggests appreciated

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