Midland Funding Lawsuit / Chase - Received Demand for Production of Documents, Requests for Admission, Special Interrogatories

[crimsonblaze]

I recently received documents from Midland that include Plaintiff's demand for production of documents, requests for admission, and special interrogatories.  I'm hoping some of you can help me prepare a response to the following.

 

The Request for Admission includes several requests that center around a "Pre-Legal Reminder" notice they sent me last year.  They included a copy of this notice as an exhibit.  The notice reflects an incomplete address that doesn't include my box number.  It was never received. 

 

Documents to be produced:

 

1. Any and all documents that refer or relate to credit cards issued to you by Chase.

2. Any and all documents that refer or relate to a credit card assigned by Chase.

3. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by Chase bearing account No. xxx from (date) to (date).

4. Any and all documents that refer or relate to payments made by you to Chase that were applied to the outstanding balance on a Chase credit card.

5. Any and all documents that refer or relate to correspondence sent by you to Chase from (date) to (date).

6. Any and all documents that refer or relate to correspondence received by you from Chase.

7. Any and all documents that refer or relate to telephone calls made by you to Midland Credit Management.

8. Any and all documents that refer or relate to telephone calls received by you from Midland Credit Management.

9. Any and all documents that refer or relate to correspondence received by you from Midland Credit Management.

 

Request for Admission

 

1. Admit that you applied for the account.

2. Admit that you used the account.

3. Admit that you received monthly billign statements from Chase related to the transactions made.

4. Admit that you made payments on the account.

5. Admit that you owed $________ on the account at the time the complaint in this action was filed.

6. Admit that you have not repaid the $________ due on the account.

7. Admit that the date of your last payment on the account was (date).

 

The notice mentioned on the following lines was mailed to an incomplete address (no box number) and was never received.

 

8. Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff.

9. Admit that you did not dispute the ownership of the account by Plaintiff.

10. Admit the Notice of New Ownership and Pre-Legal Review attached hereto is a true and correct copy of the letter you received from Plaintiff.

11. Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto that you received from Plaintiff.

12. Admit you owe Plaintiff $_________.

 

Special Interrogatories

 

1. State each name by which you have been know over the past 6 years.

2. State each residence address you have had within the six years prior to the date of your responses, including dates you lived at each address.

3. Stat ehte name, address, and phone number of each employer you have had for the past 5 years, including the dates worked.

4. Did you ever report to Chase that there was an inaccuracy in any billing statement you received?

5. Did you ever report in writing to Chase that the account was open as a result of fraudulent activity?

6. State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action.

 

 

Thanks in advance for all your help!

 

 

Here's an overview of my particular case:

 

 

1. Who is the named plaintiff in the suit?  Midland Funding.  They claim all right, title, and interest to the account was sold to them.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  Midland Funding, no outside lawyer.

3. How much are you being sued for? $6,000+

4. Who is the original creditor? (if not the Plaintiff)  Chase Bank USA, N.A.

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

6. How were you served? (Mail, In person, Notice on door)  Left summons at a commercial address where I have a mail box. 

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?   None.  I've since seen copies of their collection notices.  However, the notices were mailed to an incomplete address (a storefront where I have a mail box).  They did not include a box number.

9. What state and county do you live in?  Los Angeles, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  Three years.

11. What is the SOL on the debt?  SOL is four years.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I filed a General Denial and sent a RFP to the Plaintiff (Midland).  They responded by sending me documents outlined in #19 below.  I received a Notice of Case Reassignment from Midland last month with a new case number and assignment to a different courthouse location.  There is no court date.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  Yes.

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.  I never received any collection notices from Midland.

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.  I responded to the suit in time by filing a General Denial.

16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment.    The cause of action is account stated: "... became indebted on the Account to Plaintiff in the sum of $---  on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff."

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.   The summons doesn't include a signed declaration.

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?  No.
　
19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.   No evidence was sent with the summons.  In response to my RFP, they provided me with statements from the OC and documents regarding the sale of the account from Chase to 'ABC Company' and from 'ABC' Company to Midland.  The only document regarding the Chase sale is an affidavit.  There is no back-up documentation showing my particular account was among the pool of accounts sold.

[racecar]

https://docs.google.com/file/d/0B3pn_2wRVGfTUW4xbHBaeEZpUTg/edit?pli=1

https://docs.google.com/file/d/0B3pn_2wRVGfTRTBiX1R3Z0tuV2M/edit?pli=1

https://docs.google.com/file/d/0B3pn_2wRVGfTdEF5S016aXdxN2s/edit?pli=1

https://docs.google.com/file/d/0B3pn_2wRVGfTTkRQMHdlOTIzQTA/edit?pli=1

https://docs.google.com/file/d/0B3pn_2wRVGfTbVRwdFJvOEx6d28/edit?pli=1

https://docs.google.com/file/d/0B3pn_2wRVGfTNUdLa1lwdHV2QWc/edit?pli=1

https://docs.google.com/file/d/0B3pn_2wRVGfTdUJnR3JMTGtXWlE/edit?pli=1

http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

The Medic is still delivering happiness to his patients

 

 

 

 

 

{YOUR NAME}

Courts Name

{JDB NAME},

plaintiff

Vs

{YOUR NAME}

defendant

Case #

____________________________

DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST PRODUCTION REQUEST

{YOUR NAME}, the defendant in the above cause, responds as follows to the first set of Requests for Documents of plaintiff, Midland Funding LLC:

1. Any and all documents that refer or relate to credit cards issued to you by Chase.

1.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

2. Any and all documents that refer or relate to a credit card assigned by Chase.

2.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

3. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by Chase bearing account No. xxx from (date) to (date).

3.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

4. Any and all documents that refer or relate to payments made by you to Chase that were applied to the outstanding balance on a Chase credit card.

4.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

5. Any and all documents that refer or relate to correspondence sent by you to Chase from (date) to (date).

5.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

6. Any and all documents that refer or relate to correspondence received by you from Chase.

6.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

7. Any and all documents that refer or relate to telephone calls made by you to Midland Credit Management.

7.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

8. Any and all documents that refer or relate to telephone calls received by you from Midland Credit Management.

8.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

9. Any and all documents that refer or relate to correspondence received by you from Midland Credit Management.

9.Response: Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

{DATE}

{YOUR NAME}

In Pro Per

Certificate of Service

[racecar]

1. Admit that you applied for the account.

NO. 1: DENIED to the extent that no application was attached hereto for evaluation.

2. Admit that you used the account.

NO. 2: DENIED to the extent that no admissible evidence establishing use of the unproven account was appended hereto for evaluation.

3. Admit that you received monthly billing statements from Chase related to the transactions made.

NO. 3: DENIED to the extent that no evidence establishing Chase bank ever sent monthly billing statements to the defendant was appended hereto, nor was such identified in the complaint.

4. Admit that you made payments on the account.

NO. 4:The defendant admits to making some payments on some accounts but does not have the information or knowledge to allow him to answer further. Subject to the foregoing, the defendant denies the request.

5. Admit that you owed $________ on the account at the time the complaint in this action was filed.

NO. 5: DENIED. Defendant owes Midland nothing.

6. Admit that you have not repaid the $________ due on the account.

NO. 6: Admitted in part to the extent that no liability for any such payment has been established, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidence establishing ownership of the account or liability.

7. Admit that the date of your last payment on the account was (date).

NO. 7: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response.

8. Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff.

NO. 8: DENIED

9. Admit that you did not dispute the ownership of the account by Plaintiff.

NO. 9: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. Subject to the foregoing, the defendant denies the request.

10. Admit the Notice of New Ownership and Pre-Legal Review attached hereto is a true and correct copy of the letter you received from Plaintiff.

NO.10: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. Subject to the foregoing, the defendant denies the request.

11. Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto that you received from Plaintiff.

11.OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. Subject to the foregoing, the defendant denies the request.

12. Admit you owe Plaintiff $_________.

12.Deny Defendant owes plaintiff nothing.Subject the foregoing, the defendant denies the lawsuit in its entirety.
 

 

 

 

 

 

 

 

 

 

[racecar]

Special Interrogatories

 

1. State each name by which you have been know over the past 6 years.

NO 1: CB

2. State each residence address you have had within the six years prior to the date of your responses, including dates you lived at each address.

NO 2: MY ADDRESS

3. State the name, address, and phone number of each employer you have had for the past 5 years, including the dates worked.

NO. 3: OBJECTION The information sought is improper as it goes toward post judgment remedies, which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a countersuit if attempted.

4. Did you ever report to Chase that there was an inaccuracy in any billing statement you received?

NO 4: OBJECTION Argumentative and lacking in foundation. Specifically that any such billing statements were received.

 

 5. Did you ever report in writing to Chase that the account was open as a result of fraudulent activity?

NO. 5: OBJECTION Argumentative, lacking in foundation, and compounded.

 

6. State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action.

NO. 6: OBJECTION Calls for legal impressions of counsel, and attorney client work product.Defendant's "facts" will be adequately detailed in the answer to the plaintiff's baseless complaint. Plaintiff has not admitted into evidence any authenticated or verified evidence that proves the defendant owes plaintiff anything. Plaintiff has not proved it has standing to sue this defendant. The defendant denies Midlands lawsuit in its entirety.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[crimsonblaze]

I can't thank you enough for the info, racecar!

 

I had just a few questions:

 

1.  In response to the RFP I sent to the Plaintiff, they provided me with some statements from Chase.  In my response to their request for documents, when they ask for copies of statements in my possession, should I indicate the only documents in my possession are the actual copies they provided to me in response to my request for production? (Technically, I do have copies.  It's just that they're the copies they sent to me.)  Or should I just deny having any documents in my possession?

 

2. For #10 and #11 of the request for admissions, should I indicate I never received the Pre-Legal Notice?  The copy of the notice they attached as an exhibit reflects an incomplete address.  This is why I never received it.   Is it better to just to respond with an objection?

 

3. When Midland responded to my RFP, they provided some documents regarding the sale of the account from Chase to 'ABC Company' and from 'ABC Company' to Midland.  The only document regarding the Chase sale is an affidavit.  There is no back-up documentation from Chase or generated by Chase showing my particular account was among the pool of accounts sold.  I'd like to know:

 

     If Midland did not provide me with any additional documentation regarding the initial sale by Chase, should I assume no such documents exist?  Can they furnish these at a later date, or were they obligated to do so when they resonded to my RFP?

 

    Because Midland did not provide sufficient documentation which indicates all right, title, and interest in the account was sold to them, can I take any action on my part to challenge their standing to sue me?

 

 

Thanks again for helping me out with this.  Hopefully this matter will have a happy ending.

 

 

 

 

 

 

[Seadragon]

Sticky slope but copies are not actual documents. So "After diligent search and reasonable inquiry the defendant is unable to produce documents requested as there are no documents in defendants possession, custody or control. Defendant is informed and or believes that relevant documents are in the possession, custody, or control of Plaintiff at <Plaintiffs address.>. Defendant will produce relevant documents if any become available in the future. Investigation is ongoing as defendant is currently conducting discovery and diligently investigating this matter."

 

as for admissions, and special interrogatories those have been addressed in the very highly acclaimed responses Racecar Posted.

[crimsonblaze]

Thanks for the info, Seadragon.

 

I need some guidance on another issue.  Midland filed suit against me while I was temporarily living in California after a death in the family.  I moved back home, out of state, within the last month.  My husband is still in California, so he can forward documents to me and mail signed documents to Midland.   However, he'll be leaving California in about 2-3 months.

 

Are there steps I can and should take to notify Midland and/or the court that I'm no longer in the state?  I've started a new job, so it would be a hardship to travel to California to appear in person.  (Yeah... I'm sure Midland could give a rat's behind!)  This is why I'm hoping I can somehow challenge Midland's standing to sue me based on the fact that the documents they provided do not prove that all rights, title, and interest to the account were transferred to them.

 

Any help would be greatly appreciated.

 

[racecar]

Do you own a paper shredder.

Don't prove plaintiffs case for them with documents or information.

Always challenge their standing to sue you.

[crimsonblaze]

Thanks!  I have my responses prepared and ready to go.  Do any of you know what typically happens after a Defendant responds to Midland's demand for documents?

 

I still have two questions that haven't been addressed here.  If someone could help out, I'd truly appreciate it.

 

1.  Now that I've moved out of state, and are no longer in California, are there steps I should take to notify Midland and/or the court?  I've started a new job, so it would be a hardship to travel to appear in person if this goes to court.

 

2.  Because Midland did not provide me with any documents (in response to my RFP) that prove that all rights, title, and interest in my account was transferred to them, should I challenge their evidence and their standing to sue me?  If so, what steps does this involve?

 

 

Many thanks for all the help!!!!