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My questions for the Plaintiff...please review and provide feedback


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Hello all,

Along with my earlier post about helping with my Answers that I need to provide to the Plaintiff, I would greatly appreciate if you all would help with my questions I'm providing to the Plaintiff in the way of Request for Admission of Facts, Request for Production of Documents and Notice to Produce to Plaintiff, and Defendant's First Interrogatories to Plaintiff. 

I would really appreciate all your feedback on my questions below.

Thank you all in advance!!

 

REQUEST FOR ADMISSION OF FACTS

 

1.

            Midland Funding LLC Assignee of Chase Bank USA, N.A. has no direct knowledge of the litigation initiated by you on the account that is in dispute, and that no employee or agent of Midland Funding LLC Assignee of Chase Bank USA, N.A. directly requested any employee or agent of Frederick J. Hanna &Associates, P.C. to initiate any legal action against Defendant.

2.

            You have no written agreement between the Defendant and Plaintiff regarding this debt.

3.

            The Plaintiff and Defendant exchanged consideration, monetary or otherwise, creating an agreement with both parties.

4.

            You have not provided the Defendant with a copy of the cardholder agreement for Midland Funding LLC Assignee of Chase Bank USA, N.A.

5.

            There is an arbitration clause in the cardholder agreement, and that the election of arbitration by either party precludes court action.

6.

            You have no written agreement showing that an account was established in the Defendant’s name and a Credit Card was issued to the Defendant.

7.

            You have no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.

8.

            You have no written and signed contract stating the Defendant would be responsible for all charges made on the account in connection with Credit Card issued on the account.

9.

            You have no merchant receipts showing the charges that were incurred on the account in the sum of $XXXX.

10.

            You are unable to provide complete accounting for the amount you are claiming.

11.

            You have not provided Defendant with legal proof of assignment.

12.

            There is no written agreement between you and Defendant.

13.

            You purchased the account, and if so, identify the seller.

14.

            The acquisition price for this account was less than the amount you are suing for.

15.

            The Plaintiff is in the business of lending money.

16.

            The Plaintiff is the Original Creditor on this account.

17.

            You do not have any account application signed by Defendant.

18.

            You do not have any monthly statements sent to Defendant.

19.

            Under the terms of the agreement pursuant to which you acquired the alleged debt of Defendant, you did not acquire copies of account applications, account agreements, or monthly statements.

 

20.

            When you acquired the alleged debt of Defendant, all you obtained was a computer printout of alleged debtors, addresses and identifying information, and the supposed balances owed.

21.

            You did not receive any business records kept in the ordinary course of business by the bank that originally issued the credit card allegedly issued to Defendant.

22.

            You were assigned this account, and if so, identify the assignor of this account.

23.

            You are in possession of any records of communication with Midland Funding LLC Assignee of Chase Bank USA, N.A.

24.

            As of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

 

 

 

REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE TO PLAINTIFF

 

1.

            Produce the cardholder agreement for Midland Funding LLC Assignee of Chase Bank USA, N.A.

2.

            Produce the alleged credit application from account bearing the Defendant’s signature.

3.

            Produce documentation showing how the Plaintiff acquired this account, including but not limited to, a) the previous owner or owners of this account; B) the acquisition price of this account; c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration the broker received with respect to the sale.

4.

            Produce documentation relevant to the assignment of this account including, but not limited to, a) the identity of the assignor and their address; B) the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); c) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration.  Also, provide details of the consideration exchanged.

5.

            Produce all documents relating or referring to the Defendant and/or account identified in Plaintiff’s Complaint, or which are indexed, filed, or retrievable under Defendant’s name or any number, symbol designation, or code (such as an account number or Social Security number) assigned to Defendant or the account, including all applications, account agreements, or other documents bearing Defendant’s signature.

6.

            Produce all documents evidencing any contract, agreement, assignment, or other means from Midland Funding LLC Assignee of Chase Bank USA, N.A. demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant.

7.

            Produce all documents transmitted to Defendant by Plaintiff and/or Plaintiff’s assignor or the Original Creditor, including monthly statements, bills, demands, and correspondence relating to the account.

8.

            Produce all contracts and agreements whereby Plaintiff acquired the right to collect the alleged debt sued upon this action.

9.

            Produce all documents purporting to show that the debt was assigned to Plaintiff for consideration, as alleged, and what the consideration was, including documents identifying the specific amount at issue in this action.

10.

            Produce all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account that contribute to the balance.

11.

            Produce all documents identified in response to the Interrogatories, and all documents referred to or reviewed in preparing the response to the Interrogatories, not otherwise called for in these request for Production of Documents.

12.

            Produce documentation showing the date this account when into default. 

13.

            Produce letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt.

14.

            Produce a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.

15.

            Produce any and all written communication, received by the Defendant from the Plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff accessing of Defendant’s credit report(s).

16.

            Produce any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant.

17.

            Produce any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or account.

18.

            Produce all documents relating to any communications between Plaintiff and Defendant with respect to the alleged account.

19.

            Produce all documents relating to any communications between Plaintiff and Original Creditor with respect to the alleged account.

20.

            Produce any and all documents used to answer these Interrogatories and Request for Admissions.

21.

            Produce all invoices created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

22.

            Produce all statements created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

23.

            Produce any and all documents evidencing payments made by the Defendant on the alleged account.

24.

            Produce Plaintiff’s account payable ledger or book or record, kept in the usual course of Plaintiff’s business, pertaining to the account of Defendant with Plaintiff.

25.

            Produce all documents identified in the Interrogatories filed with this Request to Produce.

 

DEFENDANT’S FIRST INTERROGATORIES TO PLAINTIFF

1.

            Identify the person or persons answering these Interrogatories and include their business address, business telephone number, and title within the Plaintiff’s Organization.

2.

            Identify all persons known to you who have knowledge of facts relevant to this case, including, but not limited to, all persons interviewed by you, by your counsel, or by any person cooperating with you in this action, and as to each, state their name, home and business addresses and telephone numbers, and relationship to the Plaintiff(s), if any.

3.

            State the names, addresses, and telephone numbers of each person who you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each.

4.

            State the name and address of the person(s) responsible for the books and records of this account.

5.

            With reference to each and every claim you have stated, state the factual basis for your claim, identify all persons who have knowledge of the facts supporting the claim, and state the date and description of any documents which would support the claim.

6.

                        Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

7.

            State how this account came into possession of the Plaintiff.  If the Plaintiff purchased this account, provide information regarding the sale including:  A) The previous owner or owners of this account; B) the acquisition price of this account; and C) the identity of any brokers that assisted in the transaction, including their addresses and the amount of consideration they received with respect to the sale.

8.

            If the account came into possession of the Plaintiff through assignment, provide the following information regarding the assignment:  A) the identity of the assignor and their address; B) the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); and C) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration.  Was consideration to be a flat fee, or to be on a percentage basis.

9.

            Provide the date that this account went into default.

10.

            Identify all assignees of this account in and since the default on this account.

11.

            Provide a complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges, and any other components that contribute to the balance.

12.

            Provide any communication between Plaintiff and Midland Funding LLC Assignee of Chase Bank USA, N.A. regarding this account since date of default.

13.

            Identify the individual or individuals who authorized suit on this account.  State whether they are employed by the Plaintiff or Midland Funding LLC Assignee of Chase Bank USA, N.A., or some other entity.

14.

            In regards to the contract or agreement alleged in this action, state the following:  A) Terms of the contract or agreement; B) credit limit or amount financed in the alleged contract or agreement; C) date and monetary value of any credit transactions alleged to be executed on the contract or agreement; D) date and monetary value of any valuable consideration received on the contract or agreement; and E) date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

15.

            If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following:  A) Creditor name; B) Creditor address; C) Creditor account or reference number for the subject of this action; D) state all facts in support for your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; E) identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; and F) identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs.

16.

            For each person who has had any involvement in any manner in any efforts on your behalf to collect any debt(s) purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.

17.

            Describe the maintenance of all procedures utilized by you at the time account was alleged opened with Midland Funding LLC Assignee of Chase Bank USA, N.A. through the present to assure accuracy against violations of the Fair Debt Collection Practices Act, the Georgia Code of Civil Procedures, and the Georgia Credit Law.     

18.

            Identify the persons or entities, which are the creditor(s) regarding a debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.

19.

            Identify each person who has had any contract or communication on your behalf with said persons or entities regarding Defendant or Defendant’s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof.

20.

            Describe all collection activities, which you were authorized to perform by the Creditor, and identify the terms of the agreement between the Creditor(s) and you pursuant to which you sought to collect this account.

21.

            To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying Creditor(s).

22.

            Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these Interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody.  For each document, identify the document, how, when, and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

23.

            Identify all witnesses and state all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.

24.

            Identify the relationship between you and Midland Funding LLC Assignee of Chase Bank USA, N.A., with regards to the legal relation with one another, revenue sharing, and contractual agreements.

25.

            Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in Plaintiff’s Claim.

26.

            State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

 

 

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The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of Georgia rule 9-11-33.

The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below. When responding to these interrogatories, please note:

(a) You are required to furnish all information available to you, your agents, employees and attorneys.

( b )It is permissible for interrogatories to include a request for a copy of a document.

( c ) In response to any interrogatory, you are permitted to provide copies of business records when the answer may be derived from those records.

(d) You are not permitted to assert that any requested information is privileged unless you expressly assert the privilege and describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing the privileged information, will enable the Propounding Party to assess whether the asserted privilege applies.

DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A) "Account" means the indebtedness alleged in the Complaint.

( B ) "Business Record" means a Record which includes a statement of an act or event and was created by any business.

( C ) "Computer Record" means a Record which is an electronic recording of information as well as a printout which comes from such an electronic recording.

(D) "Declarant" means a Natural Person who made a Sworn Statement.

(E) "Immediate Assignor" means the Person from whom you purchased the Account.

(F) "Natural Person" means a human being.

(G) "Original Creditor" is the Person with whom the Account was originally created for Defendant.

(H) "Person" means any entity and includes, without limitation, a Natural Person, sole proprietorship, limited liability company, government or governmental subdivision, and any type of partnership, corporation, association, organization, institution, or firm.

(I) "Record" includes all recorded information, including "documents" as used in and "writing" as used in which concern or relate to the Account.

(J) "Sworn Statement" means a written statement relating to, concerning or regarding any fact involved in this lawsuit which was made under oath or permitted by court rule or statute to have the same effect as a statement made under oath including, without limitation, an affidavit, a declaration made pursuant to 28 U.S.C. § 1746.

(K) "You," "your", "yours", "yourself" refers to the Plaintiff.

 

 

 

INTERROGATORIES TO PLAINTIFF

 

1. State the names and addresses of all persons who have knowledge of any facts relating to the case.

 

2. Identify all documents that may relate to this action, and attach copies of such document.

 

3. Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents.

 

4. Identify all correspondence between plaintiff and the defendant or its representatives, and attach copies.

 

5. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state:

(a) the date made;

( b ) the name of the person by whom made;

( c ) the name and address of the person to whom made;

(d) where made;

(e) the name and address of each person present at the time the admission was made;

(f) the contents of the admission; and

(g) if in writing, attach a copy.

 

6. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state:

(a) the date of the communication;

( b ) the name and address of each participant;

( c ) the name and address of each person present at the time of such communication;

(d) where such communication took place; and

(e) a summary of what was said by each party participating in the communication.

 

 

 

7. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section.

 

8. Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

 

9. If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you.

[Note that counsel anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts;]

 

10. Attach a copy of each Record identified in your response to Interrogatory #9.

 

11. With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment.

 

12. Identify all Records in your possession concerning the Account.

 

13. Attach a copy of each Record identified in your response to Interrogatory #12.

 

 

14. Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account.

 

 

 

15. Attach a copy of each request identified in your response to Interrogatory #14.

 

16. Attach a complete copy of the response you received for each request identified in your response to Interrogatory #14.

 

17. What is the date on which the Account went into default?

 

18. What is the date of the Account’s last billing statement?

 

19. Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement.

 

20. State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be.

 

21. State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record.

 

22. State the name of each Natural Person known to you or to your attorneys who can establish that it was the regular practice of the business which created each Computer Record to make it.

 

23. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person.

 

 

 

24. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made by a business whose regular practice was make that type or kind of Business Record.

 

25. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was in fact made in the regular course of the business which made it.

 

26. Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached.

 

27. For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature.

 

28. Attach a copy of each Record relied on or used by each Declarant in preparing his or her Sworn Statement and indicate in the space below that the requested items are attached or state the reason why it is not attached.

 

29. State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by each Declarant on the same date as the Declarant’s Sworn Statement.

 

30. If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached.

 

 

 

31. Attach a copy of Defendant’s application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone.

 

32. Were there written terms and conditions which governed the Account at the time the Account was opened?

 

33. Were the written terms and conditions which governed the Account at the time the Account was opened changed, modified, amended or replaced at any time after the Account was opened?

 

34. If you contend that Defendant’s payment obligations on the Account arose out of transactions other than transactions in which the money, property, insurance or services which are the subject of the transactions are primarily for personal, family or household purposes, then state the factual basis for your contention.

 

35. Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. § 1637(a)(1) through (8) (to the extent applicable) was disclosed to Defendant before the Account was opened.

 

36. Identify and produce a copy of all documents which you understand as constituting written notice of an increase in the Account’s annual percentage rate in accordance with 15 U.S.C. § 1637(i).

 

37. Do you have any claims against Defendant other than those arising out of the Account?

 

 

 

38. Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

 

39. What is the full name, job title and work address of the Natural Person who certified the answers to these interrogatories on your behalf?

 

 

 

 

[END OF INTERROGATORIES]

 

RESPONDING PARTY’S CERTIFICATION TO ANSWERS TO INTEROGATORIES

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.

Date

Print Name and Title Below Signature

______________________________

_______________________________

 

 

The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of Georgia. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below.

(1) Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

(2) If objection is made, the reasons for the objection shall be stated.

(3) If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

(4) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder.

(5) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial.

(e) A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may deny the matter or set forth reasons for not being able to admit or deny.

DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A) "Account" means the indebtedness alleged in your Complaint.

( B ) "Original Creditor" is the Person with whom the Account was originally created for Defendant.

 

ADMISSION REQUESTS

1. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any written agreement governing the Account.

___ADMIT ___DENY

2. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any billing statement for the Account.

___ADMIT ___DENY

3. Plaintiff has no personal knowledge as to why the Original Creditor entered any transaction, debit, credit or charge on any billing statement for the Account.

___ADMIT ___DENY

4. Neither Plaintiff nor its attorney(s) possess an affidavit, certificate or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account.

___ADMIT ___DENY

5. Plaintiff’s right to acquire documents from the Original Creditor about the Account is governed by the written agreement under which Plaintiff acquired the Account.

___ADMIT ___DENY

Signed by Responding Party’s  ____________ authorized agent ______________ Attorneys Name 

 

 

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