Need More Input, Midland has nothing.

sportfan18 · June 15, 2013

Midland Funding LLC has just sent me Requests for Admission, Interrogatories, and requests for production of Documents. I need some assistance trying to properly respond without digging myself deeper. I researched online after receiving a summons and filed my answer - which lead to this new request from them. I don't know what to answer, deny, object to.

I guess I'm looking for clarification:

1. State your full name, date of birth and social security number.

(do I need to give all of this info?)

2. List all other names by which you have been known.

(no problem answering this one)

3. State your present residence address, home phone number and cell phone number.

(do they need this?)

4. For your present spouse and for each for spouse, state the following:

a. full name, dob, social

b. current residence address

c. date of marriage

d. the date, place, manner of dissolution or termination of marriage, if applicable.

5. Identify and attach all documents in your posession demonstrating the date of marriage.

(is this really necessary?)

6. Identify and attach al documents for divorce etc.

(same as above)

7. Admit that you had a credit card account with the Plaintiff's Assignor

8. Admit that you entered into a contract with Plaintiff's Assignor for a consumor c.c. account by using the c.c. to purchase merchandise, services, or cash advances.

9. Admit that using the credit card account to purchase merchandise services or cash advances obligated you to pay the plaintiff's assignor.

10. if you DENY the preceding request for admission, explain the reasons for the denial.

11. Admit that Plaintiff's Assignor sent you statements for such purchases or cash advances.

12. Admit you did not pay all of the amounts listed on PLaintiff's Assignor statements which were sent to you.

13. Admit that you presently owe $xxxxxx on the subject c.c account.

14. If you DENY the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the cc account.

15. Identify and attah all documents in your possession that support your contention of the correct amount due.

16. Admit that you received a statement form Plaintiff's Assignor stating that $xxxxx was due from you for the purchase of merchandise services or cash advances,

17. With respect to each and every affirmative defense you have alleged in your responsive pleading to Plaintiff's complaint:

a. State in detail each and every fact upon which you base each affirmative defense alleged in your responsive pleading.

18. Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim.

19. State the name, address, and telephone number of your current employer.

(is this needed?)

Thank you for whoever takes the time to help me out. I feel some of these questions are repetitive?

shellieh98 · June 15, 2013

Midland Funding LLC has just sent me Requests for Admission, Interrogatories, and requests for production of Documents. I need some assistance trying to properly respond without digging myself deeper. I researched online after receiving a summons and filed my answer - which lead to this new request from them. I don't know what to answer, deny, object to.

I guess I'm looking for clarification: This is how I would answer them. Others may have different variations.

1. State your full name, date of birth and social security number.
(do I need to give all of this info?)
Answer: Fill these out. Option to object to SSN, date of birth and home phone number

2. List all other names by which you have been known.
(no problem answering this one)
I would just list my name they are looking for variations in your name to connect you as the person on your credit report, name on accounts, et all. Unless you had a name change or something.
3. State your present residence address, home phone number and cell phone number.
(do they need this?) State your current address (they must have it to send crap to you) then Objection: This question will not lead to admissible evidence.

4. For your present spouse and for each for spouse, state the following:
     a. full name, dob, social Objection: This question will not lead to admissible evidence. and has no relevance
     b. current residence address Objection: This question will not lead to admissible evidence. and has no relevance
     c. date of marriage Objection: This question will not lead to admissible evidence. and has no relevance
     d. the date, place, manner of dissolution or termination of marriage, if applicable. Objection: This question will not lead to admissible evidence. and has no relevance.

5. Identify and attach all documents in your posession demonstrating the date of marriage.
(is this really necessary?) Objection: This question will not lead to admissible evidence. and has no relevance

6. Identify and attach al documents for divorce etc.
(same as above)Objection: This question will not lead to admissible evidence. and has no relevance

7. Admit that you had a credit card account with the Plaintiff's Assignor
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. therefore Denied

8. Admit that you entered into a contract with Plaintiff's Assignor for a consumor c.c. account by using the c.c. to purchase merchandise, services, or cash advances.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied

9. Admit that using the credit card account to purchase merchandise services or cash advances obligated you to pay the plaintiff's assignor.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. therefore Denied

10. if you DENY the preceding request for admission, explain the reasons for the denial.
Objection - this question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by outcome of this case. Defendant has no basis of evidence that he obtained a credit card with account Plaintiff's Alleged Assignor.
11. Admit that Plaintiff's Assignor sent you statements for such purchases or cash advances.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. therefore Denied

12. Admit you did not pay all of the amounts listed on PLaintiff's Assignor statements which were sent to you.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. therefore Denied

13. Admit that you presently owe $xxxxxx on the subject c.c account.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. therefore Denied

14. If you DENY the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the cc account.
Objection - this question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by outcome of this case. Defendant has no basis of evidence that he obtained a credit card with account Plaintiff's Alleged Assignor.

15. Identify and attach all documents in your possession that support your contention of the correct amount due. After a reasonable search, Defendant has no documents, if any such documents exist, Plaintiff should be able to produce from Plaintiff's own records.

16. Admit that you received a statement form Plaintiff's Assignor stating that $xxxxx was due from you for the purchase of merchandise services or cash advances,
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. therefore Denied

17. With respect to each and every affirmative defense you have alleged in your responsive pleading to Plaintiff's complaint:
      a. State in detail each and every fact upon which you base each affirmative defense alleged in your responsive pleading.
Did you plead an affirmative defense? If so state why.

18. Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim.
Do you have any? attach if you do. otherwise, defendant has no documents.

19. State the name, address, and telephone number of your current employer.
(is this needed?) Objection: This question will not lead to admissible evidence. and has no relevance. Information would only be relevant in a post judgement award for the Plaintiff...

Thank you for whoever takes the time to help me out. I feel some of these questions are repetitive?

Of coarse they are repetitive, they want to trip you up and provide evidence for them. good luck.

sportfan18 · June 15, 2013

The only thing I have done is submit my answer denying all claims. The only thing I admitted was being a residence of my county. What does it mean when asking If I plead an affirmative defense?

shellieh98 · June 15, 2013

some file an answer with an affirmative defense, like Plaintiff lacks standing, or debt is time barred. Some states require that you do, others a general denial is good enough.

sportfan18 · June 15, 2013

No in Arizona they only required an answer. Is it too late at this time to send a debt validation? & should also send them m own questions for admissions?

shellieh98 · June 15, 2013

to late for a debt validation, and most definitely send your own discovery.

here are a list of admissions, and documents requests you could send them. Make the plea paper look like what they sent you at the top, then title each one "Defendants first set of document requests, and Defendants first set of admissions"

I do not know AZ rules of the court, but I would read and learn them if I were you. I think AZ has a disclosure rule. Have they sent you disclosure? anything they plan on trying to get in as evidence? Go to your court site, and look for AZ rules of civil procedure. Then search out discovery rules. That will tell you if you need to or if they need to send you disclosure, and what time frame it needs to be done in. You won't have much disclosure, so you would send basically a blank sheet that says I have none, but they need to send you all they got.

Read the threads by Christine, and also by hotinaz, it will give you an idea of what you need to do. Then you an post what you don't understand here.

Requests for Admissions.docx

Requests for Production of Documents.docx

sportfan18 · June 16, 2013

to late for a debt validation, and most definitely send your own discovery.

here are a list of admissions, and documents requests you could send them. Make the plea paper look like what they sent you at the top, then title each one "Defendants first set of document requests, and Defendants first set of admissions"

I do not know AZ rules of the court, but I would read and learn them if I were you. I think AZ has a disclosure rule. Have they sent you disclosure? anything they plan on trying to get in as evidence? Go to your court site, and look for AZ rules of civil procedure. Then search out discovery rules. That will tell you if you need to or if they need to send you disclosure, and what time frame it needs to be done in. You won't have much disclosure, so you would send basically a blank sheet that says I have none, but they need to send you all they got.
Read the threads by Christine, and also by hotinaz, it will give you an idea of what you need to do. Then you an post what you don't understand here.

Is there a form I need to legally fill out, specific format, or can I just send a word document of these requests once I edit the info? Also, how do I go about giving them a deadline to furnish documents? Do i have to give them a minimum amount of time to respond?

Recovering Attorney · June 16, 2013

Midland Funding LLC has just sent me Requests for Admission, Interrogatories, and requests for production of Documents. I need some assistance trying to properly respond without digging myself deeper. I researched online after receiving a summons and filed my answer - which lead to this new request from them. I don't know what to answer, deny, object to.

I guess I'm looking for clarification:

1. State your full name, date of birth and social security number.
(do I need to give all of this info?)   NAME ONLY

2. List all other names by which you have been known.
(no problem answering this one) OK

3. State your present residence address, home phone number and cell phone number.
(do they need this?) GIVE ADDRESS AND PHONE. SINCE YOU ARE REPRESENTING YOURSELF THEY NEED A WAY TO GET A HOLD OF YOU

4. For your present spouse and for each for spouse, state the following:
     a. full name, dob, social
     b. current residence address
     c. date of marriage OBJECT AS IRRELEVANT
     d. the date, place, manner of dissolution or termination of marriage, if applicable.

5. Identify and attach all documents in your posession demonstrating the date of marriage.
(is this really necessary?) NO IT ISN'T. OBJECT AS IRRELEVANT

6. Identify and attach al documents for divorce etc.
(same as above)

7. Admit that you had a credit card account with the Plaintiff's Assignor DENY ( assuming yu did so in your answer)

8. Admit that you entered into a contract with Plaintiff's Assignor for a consumor c.c. account by using the c.c. to purchase merchandise, services, or cash advances.
DENY ( assuming yu did so in your answer)

9. Admit that using the credit card account to purchase merchandise services or cash advances obligated you to pay the plaintiff's assignor.DENY ( assuming yu did so in your answer)

10. if you DENY the preceding request for admission, explain the reasons for the denial.

11. Admit that Plaintiff's Assignor sent you statements for such purchases or cash advances.DENY ( assuming yu did so in your answer)

12. Admit you did not pay all of the amounts listed on PLaintiff's Assignor statements which were sent to you. DENY ( assuming yu did so in your answer)

13. Admit that you presently owe $xxxxxx on the subject c.c account.DENY ( assuming yu did so in your answer)

14. If you DENY the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the cc account.

15. Identify and attah all documents in your possession that support your contention of the correct amount due.deny if you make no such contention

16. Admit that you received a statement form Plaintiff's Assignor stating that $xxxxx was due from you for the purchase of merchandise services or cash advances,
DENY ( assuming yu did so in your answer)

17. With respect to each and every affirmative defense you have alleged in your responsive pleading to Plaintiff's complaint:
      a. State in detail each and every fact upon which you base each affirmative defense alleged in your responsive pleading.

18. Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim.

19. State the name, address, and telephone number of your current employer.
(is this needed?) no object

Thank you for whoever takes the time to help me out. I feel some of these questions are repetitive?

sportfan18 · June 17, 2013

If the JDB gave me until the end of July to reply, but I have my answers to their requests for admissions, interrogatories and production of documents(none) ready, should I send right away? wait until closer to the due date? I also have my own admissions, documents and interrogatories to send them ready....should i fire those right away to them or wait as well?

sportfan18 · June 17, 2013

Also after carefully reading what they sent me, they did send me a disclosure. But the only thing they had was a generic card agreement and an affidavit of balanced owed

shellieh98 · June 18, 2013

That would be their initial disclosures. You need to google your az rules of civil procedure, and star reading your court rules for discovery. Every state is different, so what I may tell you, or what someone else may tell you may not apply in your state. I would send them your requests for documents, admissions, but I would check the date their stuff to you is due, then send it a few days before.

sportfan18 · June 18, 2013

Rule 122. General Provisions Regarding Discovery

a. Scope of discovery. Discovery is a process for obtaining information about a lawsuit. Parties may discover any non-privileged information that is relevant to the facts or issues involved in a lawsuit, whether the information relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, and including additional details concerning disclosures made under Rule 121.

A party may obtain discovery concerning the existence, description, nature, custody, condition and location of any records, documents, or other things, and the identity and location of persons having knowledge of any discoverable matter. A party may not object to a request for discovery on the grounds that the information sought will be not be admissible at trial if the requested information appears reasonably calculated to lead to the discovery of admissible evidence. [ARCP 26(]

b. Discovery methods. A party may request discovery from another party by one or more of the following methods: depositions upon oral examination (Rule 123); written interrogatories (Rule 124); requests for production of documents or things, or for permission to enter upon land or other property for inspection and other purposes (Rule 125); requests for admissions (Rule 126); and requests for physical and mental examinations (Rule 122(f)(6)). [ARCP 26(a)]

c. Timing of discovery. Methods of discovery may be used in any sequence unless otherwise ordered by the court. A party may file a motion requesting the court to enter an order concerning the sequence of discovery by explaining how it would be for the benefit or convenience of parties or witnesses, or why it would be in the interests of justice. Discovery must be completed thirty (30) days before the trial date, unless the court sets or the parties agree to a different date for completion of discovery. A party must serve interrogatories, requests for production, and requests for admissions, and must notice depositions, to allow discovery responses to be provided or a deposition to be concluded within this time. [ARCP 26(d)]

d. Protective orders and limitations on discovery. If a motion of a party or of a person from whom discovery is sought shows good reasons, the court may in the interests of justice enter an order to protect the party or the person from annoyance, embarrassment, oppression, or undue burden or expense in connection with a discovery request. The judge may order, among other things, that discovery not take place, or that it take place under certain terms or conditions; that only certain methods of discovery be used; that inquiry not be made into certain matters; that certain persons not be present during discovery; that items of discovery be sealed, or not disclosed, or disclosed only in a certain way; or that information be exchanged simultaneously. A person who requests that information remain confidential has the burden of showing reasons why the judge should order confidentiality. [ARCP 26©]

e. Supplementation of discovery responses. A party is required to amend a prior discovery response if the party knows that the response was incorrect when it was provided, or if the party knows that the response, although correct when it was provided, is no longer true and a failure to amend the response is in substance a knowing concealment. [ARCP 26(e)]

f. Specific discovery issues.

(1) Electronically stored information. Electronically stored information is discoverable. However, a party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or expense.

(2) Insurance agreements. A party may obtain discovery of any insurance agreement that may satisfy all or part of a judgment that may be entered in a lawsuit. However, the mere disclosure or discovery of an insurance agreement, or information concerning insurance, does not automatically make that insurance agreement, or information concerning insurance, admissible in evidence at trial. For purposes of this paragraph, an application for insurance is not treated as part of an insurance agreement.

(3) Materials prepared for litigation. A party may obtain his or her own statement made to another party or the other party's representative without showing a need for the statement. Otherwise, a party may not obtain discovery of materials prepared for litigation by another party or by the other party's representative, unless the party seeking discovery shows the court that the party has a substantial need for the materials to prepare the lawsuit, and that there is no other way to obtain the materials or their equivalent without substantial hardship.

(4) Experts. A party may use interrogatories, a deposition, or both to discover facts and opinions known by someone who has been identified by another party as an expert witness. The party seeking discovery from an expert must pay the expert a reasonable fee for the expert's time actually spent responding to interrogatories or a subpoena, or at deposition.

(5) Non-party at fault. A party alleging that a person or entity not currently or formerly named as a party was wholly or partially at fault in causing any personal injury or property damage for which damages are sought in the lawsuit pursuant to A.R.S. § 12-2506(, must provide the identity, location, and facts supporting the claimed liability of the non-party within sixty (60) days from the filing of the answer. No allocation of liability to any non-party whose identity has not been disclosed as required by this paragraph will be permitted, except as the parties may agree or as the court may allow upon motion showing good cause, reasonable diligence, and lack of unfair prejudice to the parties.

(6) Court-ordered medical examination of a party. When the mental or physical condition of a party, or of an individual under the legal control of a party, is at issue in a lawsuit, a party may file a motion requesting an order that the party or individual submit to a physical or mental examination by a licensed physician or a licensed psychologist. The motion must provide good reasons why a court-ordered examination is necessary. If the court orders an examination, the examination must be at a reasonable time and place. The order must provide that the person to be examined has a right to have a representative present during the examination, and has a right to make an audio record of the examination, unless the court specifically finds reasons that the presence of a representative or making of an audio recording may adversely affect the outcome of the examination. The examining physician or psychologist must provide a written report of the examination to the requesting party, and the requesting party must provide the report to the party or individual who was examined, within twenty (20) days of the date of the examination. [ARCP 26(, 35]

g. Agreements among parties. The parties may agree to modify discovery procedures, including but not limited to how a deposition may be taken, the length or a deposition, or extending or shortening the time allowed for responding to interrogatories or other discovery requests. [ARCP 29]

sportfan18 · June 18, 2013

This is what I have prepared so far with the help of a few members. I will cite here shortly.

Sending this to JDB

Request for Admissions, Interrogatories, and Production of Documents.

State the names and addresses of all persons who have knowledge of any facts relating to the case.
What is the date on which the alleged Account went into default.
What is the date of the alleged Account’s last billing statement.
Admit that Plaintiff is a debt collector.

___ADMIT ___DENY

Admit that Plaintiff has previous experience collecting debts.

___ADMIT ___DENY

Admit that Plaintiff purchases large volumes of allegedly defaulted accounts during its regular course of business.

___ADMIT ___DENY

Admit that Plaintiff’s suit against the Defendant seeks to recover an alleged debt.

___ADMIT ___DENY

Admit that Plaintiff purchased the alleged account from another debt collector and not the original creditor.

___ADMIT ___DENY

Admit that Defendant is not indebted to the Plaintiff for any sum of money.

___ADMIT ___DENY

Admit that Plaintiff has not now, nor ever spoken to any official employee of O.C., in regards to the alleged account.

___ADMIT ___DENY

Admit that Plaintiff does not produce or originate any billing statement records on behalf of O.C.

___ADMIT ___DENY

Admit that Plaintiff does not have in its custody, legible copies of any documents with Defendants signature on it.

___ADMIT ___DENY

Admit that Plaintiff’s witness is only advised of the alleged balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, firsthand knowledge of the alleged account and alleged debt as it was incurred.

___ADMIT ___DENY

Admit that Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, had no records in their possession and/or immediate custody and/or control with the Defendant’s name, address, phone number, or social security number on any such record.

___ADMIT ___DENY

Admit that Plaintiff, at any point and time in the last five years, has been found by a court of competent jurisdiction, to have falsified affidavit(s), specifically, submitting affidavits in which the affiant had not conducted a review of the account as alleged in the affidavit.

___ADMIT ___DENY

Admit that Plaintiff routinely violates the Fair Debt Collection Practices Act.

___ADMIT ___DENY

Admit that Plaintiff routinely violates state collection laws in at least one state in the United States of America.

___ADMIT ___DENY

Admit the Plaintiff has violated the Fair Debt Collection Practices Act in the collection attempts against Defendant.

___ADMIT ___DENY

Admit that Plaintiff is aware that simply taking somebody’s else alleged business records, in which the Plaintiff had no personal first hand knowledge of their creation and their authenticity, and then putting those alleged business records into a file maintained by the Plaintiff, then referencing those records as the Plaintiff’s business records, do not overcome the business records exception to hearsay.

___ADMIT ___DENY

Admit that Plaintiff, in its regular course of business does not purchase one single account at a time.

___ADMIT ___DENY

Admit that Plaintiff never, in written form, agreed by contract or any other legally binding document, to be indebted to the Plaintiff direct.

___ADMIT ___DENY

Admit that Plaintiff does not have in its custody, a written agreement or contract, signed by Defendant, between the Defendant and O.C.

___ADMIT ___DENY

Identify and attach all documents in your possession of alleged signed application establishing the alleged account.
Identify and attach all documents in your possession of alleged charge slips bearing defendant’s signature which establish use of the alleged account.
Identify and attach the original written agreement in which defendant allegedly assented to the terms of the account.
Identify and attach any document setting forth the choice of law provision.
Indentify and attach all documents in your possession a complete history of the alleged account from day one, establishing legitimacy of the alleged balance sought.
Indentify and attach all documents in your possession in regards to proof of mailing of monthly statements if alleged account.
Identify and attach all documents in your possession establishing chain of title for the alleged account at issue in this lawsuit starting with the agreement between the originator of the account and its assignee and including each agreement between an assignee of the account and another assignee of the account and/or the Plaintiff. This is a request for the entire agreement, not just the bill of sale or exhibit to an agreement and includes master or “flow” agreements whose terms relate in any way to or are incorporated by an agreement transferring rights to the account at issue in this lawsuit. In order to protect the privacy of other debtors whose accounts may be included in such agreements, the Plaintiff may redact or otherwise omit information identifying any debtor other than the defendant.
Identify and attach all documents in your possession complete and unredacted Credit Card Purchase Agreement between O.C. and the Plaintiff including all of its Exhibits.
Identify and attach all documents in your possession intended to be used at trial that have not already been produced.

**not sure why all the numbers pasted as "1."

AZ civil Procedure allows 25 admissions/40 interrogatories/10 documents

sportfan18 · June 18, 2013

Response to JDB's Request for Admissions, Interrogatories, and Production of Documents

MIDLAND FUNDING LLC )

) No. XXXXXXXXXX

)

Plaintiff, ) RESPONSE TO PLAINTIFF’S

V ) FIRST SET OF

) REQUEST FOR ADMISSIONS,

Jane Doe ) INTERROGATORIES AND

) REQUEST FOR PRODUCTION

) OF DOCUMENTS

)

Defendant )

)

DEFENDANT, appearing Pro Se, for its Response to Plaintiff’s First Set of Request for Admission, Interrogatories, and Request for Production of Documents states as follows: All answers correspond to the numbered paragraphs of the Complaint.

Jane Doe. Option to object to SSN, date of birth. <--- is this ok to word this way or should the objection be worded different
Jane Doe
Jane Doe Address Objection. This question will not lead to admissible evidence.
A. Objection. This question will not lead to admissible evidence and has no relevance.

B. Objection. This question will not lead to admissible evidence and has no relevance.

C. Objection. This question will not lead to admissible evidence and has no relevance.

D. Objection. This question will not lead to admissible evidence and has no relevance.

Objection. This question will not lead to admissible evidence and has no relevance.
Objection. This question will not lead to admissible evidence and has no relevance.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Objection. This question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by the outcome of this case. Defendant has no basis of evidence that she obtained a credit card account with Plaintiff’s Alleged Assignor.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Objection. This question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by the outcome of this case. Defendant has no basis of evidence that she obtained a credit card account with Plaintiff’s Alleged Assignor.
After a reasonable search, Defendant has no documents, if any such documents exist, Plaintiff should be able to produce from Plaintiff’s own records.
Defendant states after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied.
Plaintiff lacks standing.
Plaintiff has not attached any proof of standing to alleged account.
Objection. This question will not lead to admissible evidence and has no relevance. Information would only be relevant in a post judgment award for the Plaintiff.

DATED this June xx, 2013

Jane Doe

By _______________________

Jane Doe, Defendant

Pro Se

sportfan18 · June 18, 2013

I'm having trouble with the format to send to JDB for my Initial Closure Statement. I have no witnesses or documents to disclose. Is it as easy as this? I did the witnesses on one page and documents on another even though I didnt need a new page. I did this because in their disclosure statement they requested these items on a "separate page"

MIDLAND FUNDING LLC )

)

Plaintiff, ) No. XXXXXXXXX

V )

) DISCLOSURE STATEMENT

Jane Doe )

)

Defendant )

)

The undersigned party, pursuant to Rule 26.1 ( (1), A.R.C.P. Discloses the following and certifies that such disclosure includes all information in his possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation:

pg 1

***LIST OF WITNESSES***

Defendant does not have any witnesses to disclose.

Pg 2

***LIST OF DOCUMENTS AND OTHER INFORMATION***

Defendant does not have any documents to disclose.

I verify under penalty of perjury that the foregoing is true and correct.

DATED this June 19, 2013

Jane Doe

By _____________________

Jane Doe, Defendant

Pro Se

pg 3

sportfan18 · June 18, 2013

This was a response from member shellieh98 - I had made another thread when she suggest to keep in one thread to keep everyone updated.

Admit that Plaintiff is a debt collector.

Admit that Plaintiff has previous experience collecting debts.

Admit that Plaintiff purchases large volumes of allegedly defaulted accounts during its regular course of business.

Admit that Plaintiff’s suit against the Defendant seeks to recover an alleged debt.

These are kind of repetitive, and a waste of admits of you have a limit..

Admit that Plaintiff does not have in its custody, legible copies of any documents with Defendants signature on it.

same with these 2, askes for the same thing.

Admit that Plaintiff has no document in their possession bearing Defendant’s signature.

(not sure how to respond) Statement was "With respect to each and every affirmative defense you have alleged in your responsive pleading to Plaintiff's Complaint: a. state in detail each and every fact upon which you base each affirmative defense alleged in your responsive pleading" - I don't believe I've done an affirmative defense unless theyre countin my "Answer" to their complain and summons denying their allegations.
(same goes for this statement, not sure) " Identify and attach all documents that support, refer to or relate in any wayto each such affirmative defense and/or counterclaim." - again there hasnt been a counterclaim or afirmative defense

you did a general denial, so you could leave it blank, or put plaintiff lacks standing, and then plaintiff has not attached any proof of standing to alleged account for 2.

You don't have to put it on 2 seperate pages, you can just list them.

MIDLAND FUNDING LLC )

)

Plaintiff, ) No. XXXXXXXXX

V )

) DISCLOSURE STATEMENT

Jane Doe )

)

Defendant )

)

The undersigned party, pursuant to Rule 26.1 (a (1), A.R.C.P. Discloses the following and certifies that such disclosure includes all information in his possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation:

LIST OF WITNESSES

Defendant does not have any witnesses to disclose.

LIST OF DOCUMENTS

Defendant does not have any documents to disclose.

I verify under penalty of perjury that the foregoing is true and correct.

DATED this June 19, 2013

Jane Doe

By _____________________

Jane Doe, Defendant

Pro Se

sportfan18 · June 18, 2013

great resources have been in this thread - I also have viewed member brjmhome6 for great info

sportfan18 · June 19, 2013

**Update - Notice of Service of Disclosure Statement filed with court, disclosure statement sent to JDB, admissions/production of docs/interrogatories sent to jdb.

I have a couple of questions though:

I forgot to mention that after I filed my answer, within a few days I had a missed call from the Attorney. No message. Should I be answering their call? Anyway, why would they be calling me?

Also, If I have (40) days to file my answers to their admissions/interrogatories/docs, but on the front page they said due by such and such date, which is actually 45 days. Am I to have the answers by the (40) day mark or THEIR due date they put on front page?

admin · June 19, 2013

I forgot to mention that after I filed my answer, within a few days I had a missed call from the Attorney. No message. Should I be answering their call? Anyway, why would they be calling me?
They might be calling to suggest settling.

Also, If I have (40) days to file my answers to their admissions/interrogatories/docs, but on the front page they said due by such and such date, which is actually 45 days. Am I to have the answers by the (40) day mark or THEIR due date they put on front page?
Better be safe than sorry. I would assume 40 days.

sportfan18 · June 19, 2013

I forgot to mention that after I filed my answer, within a few days I had a missed call from the Attorney. No message. Should I be answering their call? Anyway, why would they be calling me?
They might be calling to suggest settling.

Also, If I have (40) days to file my answers to their admissions/interrogatories/docs, but on the front page they said due by such and such date, which is actually 45 days. Am I to have the answers by the (40) day mark or THEIR due date they put on front page?
Better be safe than sorry. I would assume 40 days.

I was thinking the same thing. I wanted to send closer to 40 to give them minimum time to question anything.

Should I answer these calls, and say the only thing I'm willing to settle is dismissed with prejudice? or just ignore them? I have no intention settling for an amount because then it would be admitting to the debt theyre suing me for. Especially after the work I'm putting forth.

Spikey · June 19, 2013

I was thinking the same thing. I wanted to send closer to 40 to give them minimum time to question anything.

Should I answer these calls, and say the only thing I'm willing to settle is dismissed with prejudice? or just ignore them? I have no intention settling for an amount because then it would be admitting to the debt theyre suing me for. Especially after the work I'm putting forth.

It doesn't really matter when you send them back as long as you get them back in the specified time frame, especially admissions, in some states missing the return date means that they can be deemed admitted.

I wouldn't go out of my way to take their calls unless they're leaving messages. If it's important they can send you whatever they need to say in writing.

sportfan18 · June 19, 2013

It doesn't really matter when you send them back as long as you get them back in the specified time frame, especially admissions, in some states missing the return date means that they can be deemed admitted.

I wouldn't go out of my way to take their calls unless they're leaving messages. If it's important they can send you whatever they need to say in writing.

Agreed. Dont get me wrong, I will NOT miss any dates. I just wanted to clarify the 40 day time frame and their due date they specifically stated being 45 days. I'll send my answers before the 40 days for sure.

Spikey · June 19, 2013

Agreed. Dont get me wrong, I will NOT miss any dates. I just wanted to clarify the 40 day time frame and their due date they specifically stated being 45 days. I'll send my answers before the 40 days for sure.

You'll want to check the AZ code of civil procedure to be sure on the time frames. Obviously they can't be counted on to provide accurate information.

sportfan18 · June 19, 2013

You'll want to check the AZ code of civil procedure to be sure on the time frames. Obviously they can't be counted on to provide accurate information.

it's 40 days to send response from time received. 60 days if it was served with summons and complaint which it wasnt. I'm guessing they put 45 days because they didn't send certified - maybe they gave a cushion for the mail to be delivered. I'm going off 40 days from the day they printed the docs on the bottom of their page.

hot in az · June 22, 2013

Hi, I was sued by Midland and had trial yesterday. I put the same thing on my disclosure except I called their witness from MN d.patton.

My trial after a year of this was not decided by the az judge who wasn't familiar with the new amended rules.

I made the mistake of not motioning to strike all their bogus"evidence pretrial and preparing a motion to oppose summary judgement or preparing my own. The reason because it took them 4 months to serve me and they forgot to file before trial.

So they convieniently did not show up for trial and the judge rescheduled it so then they filed MSJ.

you can read my thread Help with Motion Must file tommorrow by hot in AZ

So my case will be decided in 2 weeks even though my trial was yesterday.

Most of the AZ judges seems to be against us.

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