needhelpplz Posted August 31, 2013 Report Share Posted August 31, 2013 Hi All, I need someone to help me please. Midland Funding LLC filed a complaint againts me on June 6th.I answered the complaint and denied all allegations and requested strict proof of each allegation.on July 18th Midland sent me a debt validation letter with a copy of Chase Bank Statement with my name and address, A Bill of Sale from Chase to Equable Ascent, an Affidavit of Sale of the account by original creditor by an " Authorized Representative", a certificate fo Conformity, an Affidavit of Sale of Accounts by Debt Seller, another Bill of Sale from Equable Ascent to Midland Funding.on July 27th I Sent midland a Demand for Production of Documents requesting any and all documents they intent to use at trial so far I havent received anything yet.on July 27th also I sent Midland a copy of the Case management Statement and I submitted a copy to the court. on the question regarding discovery I put that its was due on August 28th because they have 30 days from the date they received it.On August 29th I went to the Conference Meetting Setting but the judge wasnt there so the clerk schedule trial for March 2014.on August 30th I received a Demand for Production of Documents, a Plaintiff's Special interrogatorries to Defendant set 1(ME) and a Request for Admission. I need help on answering these. I have no ideas how to answer. Production of Documents: 1. any and all DOCUMENTS that REFER or RELATE to credit cards issued to me by Chase Bank. The only document I have is the one they sent me when they validated the debt.question 1 thru 6 is asking for documents I dont have in my possesion except the cedit card statement midland sent me. They are also asking for payments made by me to chase bank. Question 7 thru 9 midland is asking for Any and all Documents that refer or relate to telephone calls made by me to MidlandWhen I received the complaint I panic and I did call midland to try to settle but they wanting me to make monthly payments I wasnt able to afford. I sent a letter to Midland stating that I wasnt sure the debt was mine but I was willing to settle for $ 500 and to drop the lawsuit against me. The reason why I wanted to settle was because I was in my last month of pregnancy and this was causing me and still is too much stress and i didnt want to deal with it, however, they didnt accept my offer...HUGE MISTAKE FROM MY PART! 8. Any and all Documents that refer or relate to telephone calls received by me from Midland the only document is a letter they sent me stating they were aware about the lawsuit against me and to call and try to settle with them. I didnt call since they didnt accept my settlement offer. Interogatories: Interrogatorie 1 thru 3State each name I have used for the past 6 years, state each residence address i had withing 6 years, State name, address, and telephone number of each employer I had for the past 5 years 4. Did you report to chase any inaccuracy in any billing statement you received?5. Did you report in writing to chase the account was opened as a result of fradulent activity?6State the detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff clains in this action. Request for Admission: Admitt tthat you applied for the accountAdmitt that you used the accountAdmitt that you recieved monthly billing statmentsAdmitt you made you made payments to the accountAdmitt tt you owed $1866.31 on the accountAdmitt you have not repaid the accountAdmitt that the last payment on the aacount was on 2010Admitt you owe plaintiff Midland $1866.31Admitt Etc.... Please Help any advice will be greatly appreciated... I have 28 days to answer and I have no idea how... Also, since I sent a Demand for production of documents first and they didnt comply what would be my next step to follow? Now Im thinking that the reason why they didnt comply was because maybe I didnt specify that it was Set No.One like they did....I dont know if that matters or if it was a mistake from my part.. PLEASE HELP!!!!! Link to comment Share on other sites More sharing options...
Anon Amos Posted August 31, 2013 Report Share Posted August 31, 2013 I don't think the mistakes you say you made are as damaging as you think. Offering to settle is no big deal, and it your case you also disputed the alleged debt in your settlement offer; so there wasn't really a mistake there. Don't talk to anymore debt collectors, ONLY speak to the lawyer when the time comes. I would not worry that you did not put "set no. 1" on your RFPD's, they never answer this stuff until forced by the court. Their discovery response to you will soon be late; so when it is, you need to send them "meet and confer letter" telling them to provide you with a proper response in 10 days or you will file a motion to compel with the court. Answer their discovery to you on time. 1) I would deny all the RFA's except for the one that says you re paid the account. 2) On their request for production of documents: PRODUCE NOTHING. for RFPOD # 1: no such documents exist or are in the possession of defendant, any documentation to the alleged account is equally available to plaintiff. You have no documents from any phone calls you made to them and anything relating to this would be equally available to plaintiff. The same goes for any calls they made to you. 3) You can just honestly answer the interrogatories without damaging yourself. I would not send your discovery response to them before they are due, and I would not let then get away with not responding to your discovery. You probably will be receiving their objections to your discovery soon. When that happens send them the meet and confer letter telling them to provide their proper response or you will file the motion to compel in 10 days. Link to comment Share on other sites More sharing options...
1stStep Posted August 31, 2013 Report Share Posted August 31, 2013 Send them a BOP - this should trip them up rather nicely. Link to comment Share on other sites More sharing options...
Anon Amos Posted September 1, 2013 Report Share Posted September 1, 2013 Send them a BOP - this should trip them up rather nicely. The OP already sent them discovery request for production of documents which are due in a couple of days. Link to comment Share on other sites More sharing options...
1stStep Posted September 2, 2013 Report Share Posted September 2, 2013 A BOP can still be sent...a BOP is not technically discovery, but an amplification of the pleading... Link to comment Share on other sites More sharing options...
Anon Amos Posted September 2, 2013 Report Share Posted September 2, 2013 A BOP can still be sent...a BOP is not technically discovery, but an amplification of the pleading... True, but my point was that she already sent the RFP'S and they are now due tomorrow, so if she doesn't get anything it's time to send the meet and confer letter with 10 days to produce or she will file the MTC. She could do both, but the main thing is usually to start with one or the other. People file the BOP and end up in discovery anyway, and in this case she has already initiated discovery; so she may as well see it through. Link to comment Share on other sites More sharing options...
1stStep Posted September 2, 2013 Report Share Posted September 2, 2013 I agree - if it were my case, I'd do both - as it really puts the screws to them... I wonder if the OP sent RFAs, then there would be the motion to deem admitted - and then they are really screwed. Link to comment Share on other sites More sharing options...
Anon Amos Posted September 4, 2013 Report Share Posted September 4, 2013 I agree - if it were my case, I'd do both - as it really puts the screws to them... I wonder if the OP sent RFAs, then there would be the motion to deem admitted - and then they are really screwed. I don't believe any RFA's were sent by the OP. Link to comment Share on other sites More sharing options...
Seadragon Posted September 4, 2013 Report Share Posted September 4, 2013 I don't believe any RFA's were sent by the OP.Shame about that that would have made them screwed. The Seadragon 3 day, 4 day, 5 day discovery plan would help with that. Link to comment Share on other sites More sharing options...
Anon Amos Posted September 4, 2013 Report Share Posted September 4, 2013 Shame about that that would have made them screwed. The Seadragon 3 day, 4 day, 5 day discovery plan would help with that. I believe there is still time, so they could be sent as well as any MTC's. Link to comment Share on other sites More sharing options...
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