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I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions.

 

As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this????  I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!!  

 

If I provide the information will it destroy my case?  

 

I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly.

 

If they had the proof they needed wouldn't they have just requested a trial and been done with it?

 

Thanks for any help someone can provide!!!

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The problem with starting a new topic to ask a question is no one will remember your specific case. I have no idea of the specifics of your case, so to answer you could be given erroneous information based on just what you put in this thread. I would suggest you copy and paste these questions in your main thread about your case, then we can all see where you are at.

If you have questions and you think the topic needs to be different, you can always edit the topic of your original thread, put a date by it, and more will come. :)

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The problem with starting a new topic to ask a question is no one will remember your specific case. I have no idea of the specifics of your case, so to answer you could be given erroneous information based on just what you put in this thread. I would suggest you copy and paste these questions in your main thread about your case, then we can all see where you are at.

If you have questions and you think the topic needs to be different, you can always edit the topic of your original thread, put a date by it, and more will come. :-)

 

I can understand what you mean but really I'm just looking for someone to tell me about fighting against the bank records request.

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@SickofdebtSLC Fight their new sanction request just like the last one. Don't provide your bank records unless they go through the proper procedure to obtain them. Their either trying to intimidate you or are grossly incompetent. They should be able to prove their case without that information regardless, so their now fishing to see if they can get the proof they need from you.

 

Edit: Those records could kill your case BTW if there are payments in those 6 years between you and the OC. 

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@SickofdebtSLC Fight their new sanction request just like the last one. Don't provide your bank records unless they go through the proper procedure to obtain them. Their either trying to intimidate you or are grossly incompetent. They should be able to prove their case without that information regardless, so their now fishing to see if they can get the proof they need from you.

 

Does it make any difference that they have a "court order" that I have no idea how they got with a motion to compel?

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@SickofdebtSLC Yes, if they have a court order you likely have no choice but to comply. You could potentially fight this still if they failed to follow through on noticing you or some other procedural thing. You need to find out what happened and see the court records.

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Oh my mistake sorry thought you wanted help on winning this case. So in answer to your original question, if the judge ordered it u can either comply, or file a motion to reconsider to the judge with reasons why you should not have to comply with the order.

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@SickofdebtSLC Fight their new sanction request just like the last one. Don't provide your bank records unless they go through the proper procedure to obtain them. Their either trying to intimidate you or are grossly incompetent. They should be able to prove their case without that information regardless, so their now fishing to see if they can get the proof they need from you.

 

Edit: Those records could kill your case BTW if there are payments in those 6 years between you and the OC. 

 

My thought and why I wanted some input is that even if they have the bank records they still have to supply chain of ownership or proof they "own" this debt right?

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The problem with starting a new topic to ask a question is no one will remember your specific case. I have no idea of the specifics of your case, so to answer you could be given erroneous information based on just what you put in this thread. I would suggest you copy and paste these questions in your main thread about your case, then we can all see where you are at.

If you have questions and you think the topic needs to be different, you can always edit the topic of your original thread, put a date by it, and more will come. :-)

 

How do I change the name of the topic?

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I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions.

 

As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this????  I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!!  

 

If I provide the information will it destroy my case?  

 

I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly.

 

If they had the proof they needed wouldn't they have just requested a trial and been done with it?

 

Thanks for any help someone can provide!!!

 

It's very obvious that Johnson Mark doesn't have a case and they are relying on you to provide the evidence Johnson Mark needs to win. If you provide then anything - You lose.  PROVIDE ABSOLUTELY NOTHING!!  Continue to state you are making a diligent search and when and if you find anything you will provide it immediately. 

 

We know you don't have any of the materials requested but even if you did you would shred anything that even closely resembles any of the materials requested. JUST GET RID OF IT - YOU CAN'T PROVIDE WHAT YOU NEVER HAD. 

 

Since you never had an credit card account or any other account stated with Johnson Mark you are with in your rights to deny ever having any account with them. 

 

Sanctions:

 

You will have to reply formally to this request however stating this is the second or third reply with the same answer - You never had an account with Johnson Mark and any discovery materials you have available or are in control of have been provided and that you will continue to search for these non existent documents and that any requested materials you locate or becomes available you will immediately provide. YOU CAN'T BE SANCTIONED FOR NOT PROVIDING MATERIALS YOU DON'T HAVE. You have to stress that and argue those facts. 

 

Court Order:

Formally reply that you have complied to the Plaintiff's request and have made a diligent search for and  provided every document you possession, care, or control at present and will further provide any new documents that come into your possession in the future. Attach copies of your responses to plaintiff's requests. 

 

 

Your Document Request on Plaintiff:

 

Johnson Mark is Playing games with you. Send them a second request for documents and make sure you have correctly filed it and it's in the same format in every detail as the one they sent you. File it with the Court if they will take it and mail it Certified Letter Return Receipt requested to Johnson Mark.

 

Conclusion:

 

Johnson Mark has nothing and are trying to banboozle you. Don't take any of their bullying or guff. Fight them back the same way. You should win this one. 

 

HP

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Argument against Sanction request marked on August 12, 2013

 

At no time was the Defendant made aware that a motion to compel had been filed or that a decision by the court had been made with no opportunity for the Defendant to object.

At this time the Defendant is requesting that this case be dismissed for Lack of Standing on the part of the Plaintiff as they have disregarded any attempt to show their right to pursue this debt on the part of the original debtor. The continued attempts to get the Defendant to receive a default judgment so that documentation does not have to be shown is now bordering on harassment. Request for financial institution account records seeks documents that are irrelevant and are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. The Defendant has complied with all requests and provided every document in possession, care or control at present and will further provide any new documents that come into possession in the future. Defendant has asked multiple times for documentation showing the Plaintiffs right to pursue the collection debt but has not received any documents showing such and seeks to ask the Court if any such documentation has been provided or recorded showing that the listed Plaintiff has the right to pursue a suit against the Defendant. The Burden of Proof is being shifted to the Defendant rather than its rightful place with the Plaintiff.

 

 

 

This is what I had written up but I don't know how legalese it has to be.  Any suggestions would be great.

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If the court compels you to provide bank records telling you to get them from your bank, I would ask for a cost bond from the plaintiff. They don't like having to put up the money, that's why they won't subpoena them their selfs.

You can change the title of the thread by going to the very first post, edit, then hit more options. Then you can change the title.

I think your on the right track with your motion, but I don't know that judge would dismiss, but rather provide some sort of sanction.

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If the court compels you to provide bank records telling you to get them from your bank, I would ask for a cost bond from the plaintiff. They don't like having to put up the money, that's why they won't subpoena them their selfs.

 

 

I was just thinking about this same thing as the next tactic they may try to get @SickofdebtSLC bank records. 

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If the court compels you to provide bank records telling you to get them from your bank, I would ask for a cost bond from the plaintiff. They don't like having to put up the money, that's why they won't subpoena them their selfs.

You can change the title of the thread by going to the very first post, edit, then hit more options. Then you can change the title.

I think your on the right track with your motion, but I don't know that judge would dismiss, but rather provide some sort of sanction.

 

Do you think I should change my wording to sanction the plaintiff rather than dismiss? And if I did what kind of sanction could I ask for?

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This is typical of Johnson Mark. Who is the Plaintiff, OC or JDB? If it is a JDB, they are trying to prove their case without proving standing. Make them go after the statements  by subpoena, which they can do. Answer the order, but deny being able to access the records. They tried this with me and we went before the Judge to argue. The judge just told me to answer with I could not find the records and told them if they wanted them there were things such as subpoenas to the banks they could use. No sanctions for JM

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This is typical of Johnson Mark. Who is the Plaintiff, OC or JDB? If it is a JDB, they are trying to prove their case without proving standing. Make them go after the statements  by subpoena, which they can do. Answer the order, but deny being able to access the records. They tried this with me and we went before the Judge to argue. The judge just told me to answer with I could not find the records and told them if they wanted them there were things such as subpoenas to the banks they could use. No sanctions for JM

 

Will they subpoena them though? I'm worried that if they get the records that I'll lose

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Will they subpoena them though? I'm worried that if they get the records that I'll lose

 

They have to motion for it which requires a judges approval which you will oppose and hopefully one of our Utah experts will assist you with.

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@SickofdebtSLC If your court has a website with your case status, I'd recommend checking it regularly to keep on top of filings. Helps to keep you abreast of any filings by the opposition. 

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Duh, my bad! It does say Midland Funding in the title of the thread, Sorry about that!. Do not panic! Midland has to prove standing to sue. Without standing, the bank records mean nothing. They are probably trying to set you up for a quick MSJ and will use the statements to that end. What have they provided to prove standing?

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@SickofdebtSLC If your court has a website with your case status, I'd recommend checking it regularly to keep on top of filings. Helps to keep you abreast of any filings by the opposition. 

 

I haven't found one. Aren't they supposed to send me a copy of any filing they make?

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Duh, my bad! It does say Midland Funding in the title of the thread, Sorry about that!. Do not panic! Midland has to prove standing to sue. Without standing, the bank records mean nothing. They are probably trying to set you up for a quick MSJ and will use the statements to that end. What have they provided to prove standing?

 

The only thing I have seen is a printout of transactions for the credit card that has my name/address listed at the top

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Spikey said, @SickofdebtSLC If your court has a website with your case status, I'd recommend checking it regularly to keep on top of filings. Helps to keep you abreast of any filings by the opposition.

 

SickofdebtSLC said,

I haven't found one. Aren't they supposed to send me a copy of any filing they make?

 

I have been unable to access court records in Utah without paying a good bit of money, so I have not done that. I think it helps disadvantage the pro se in Utah. Part of the culture. Kentwa can help!! You can visit the Court and ask to see the file. It sounds like it would be worth the trip.  Johnson mark can and will say anything, it doesn't mean it is the truth.

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I have been unable to access court records in Utah without paying a good bit of money, so I have not done that. I think it helps disadvantage the pro se in Utah. Part of the culture. Kentwa can help!! You can visit the Court and ask to see the file. It sounds like it would be worth the trip.  Johnson mark can and will say anything, it doesn't mean it is the truth.

 

As far as I can tell Johnson Mark regularly lies through their teeth!

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