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Texas , By Midland funding Need help fast! Pretrial next week...


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1. Original account application with my signature for this alleged debt .

 

2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits .

 

3. Provide proof of debt ownership including how much this debt was purchased for .

 

4. provide proof of the date in which alleged charges first became delinquent.

 

Midland  sent me a redacted bill of sale. With most pertinent info blacked out.

 

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Here are in a nutshell what I received in the Plaintiff's Answers To Defendant's Requests for Production:

The Following Documents are produced in the order given and are referenced in the below responses

Exhibit 1- Terms and conditions governing the account

(photocopy of a contract agreement pulled from Internet stating terms and conditions of alleged account dated on bottom 2008 in these terms include an arbitration agreement...)

Exhibit 2- Original credit statements

( photocopies of statements from alleged account)

Exhibit 3- assignment/ bill of sale/ seller data sheet ( sworn affidavit of sale by original creditor Stating that chase on or about said date sold a pool of charged off accounts ....no acknowledgement of alleged account specifically.. Is signed by illegible Martin Lavergne and loopy illegible Nina Ranschberg notary 2012)

( Redacted bill of sale signed by Ericka Long team leader signature looks like an "s" and also signed by j Brandon Black illegible and approved by legal ) also included a sheet "field data" that was separate from redacted info and states a sale amount which is equal to the amount alleged in suit minus interest fees which are said to have accrued since the purchase.

Exhibit 4- letters to defendant ( midland letters in attempt to collect a debt.. 1 letter(?) )

Answers:

Defendant: request 1 Original Account Application with my signature for this alleged debt.

Plaintiff Objects to this request on the grounds that it is irrelivant and equally available to the defendant. Subject to objection, Plaintiff Objects to this request on the grounds discovery and investigations are continuing, and Plaintiff reserves the right to amend or supplement this response as additional information becomes available. Federal regulations do not require creditors to retain applications beyond 25 months. 12 CFR 202.12 ( (1)

Defendant request 2 : provide a fully itemized statement for the amount you are asking which clearly details how this amount OVER the amount paid for this debt was calculated , including the interest rate being charged. Confirm this rate falls within state limits.

Plaintiff objects to this request as over broad and not limited in time or scope. Plaintiff further objects as information sought is equally available to defendant. Subject to the foregoing objections, and without waiving the same, see Exhibit "2" .

Plaintiff is accruing the statutory 6 percent interest rate on the account.

Defendant Request 3 : Provide proof of debt ownership including how much this debt was purchased for.

Plaintiff objects to this request as over broad, outside the scope of discovery, and invasive of proprietary trade secret privilege . Subject to these objections , and without waiving the same, see Exhibit "3" a redacted assignment and bill of sale reflecting Plaintiff's ownership of this account.

Defendant Request 4: provide proof of the date in which alleged charges first became delinquent .

Plaintiff objects as the information sought is equally available to the Defendant. Subject to the foregoing objections , and without waiving the same, see Exhibit "2"

This was sent to me with a certificate of service pursuant to Rule 21a of the Texas Rules Of Civil Procedure by certified mail.

Midland is suing for Breach of contract Claiming "Account Standing"

Now where do I go from here? Is pre trial too late to ask for more discovery ?

Do I need to site case law at pre trial? I am overwhelmed.

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Pre trial is where you would want to ask for more discovery.

You might even ask for a higher level of discovery.  

Also you may want to tell the court you may need to file a motion to compel production of documents because of plaintiff's lack of response to your discovery requests.

You deny owing this debt to Midland Funding.

Plaintiff has not proven standing to sue defendant.

Your basic midland complaint.

http://www.creditinfocenter.com/community/topic/313112-the-all-inclusive-ive-been-sued-or-contacted-by-midland-whats-next-andor-help-me/  coltfans being sued by midland-must read  

Texas Rocker should be making his rounds shortly, He's our resident Texas expert.

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