rightfullynotyours

Midland sue me,I answered,now to Hearing.What should I do Before Hearing?

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HI Guys Great Forum!!!! Tons of Info here. I followed a lot of the suggestions here and I had the nerve to filed an answer, now I am waiting for hearing date on October 20ish (I dont want to put too many details as they always snoop around) The summons is as usual, You owe the money, we tried to contacted you, we never find you, we send  you tons of letters you never responded, we always tried to help people like you, you broke our hearts and now we had no choice but to sue you for:  amount $1,300 plus 10% interest starting February 2013, we want cost of suit and other reliefs the court deem proper like kleenex cost that we used to wipe our tears because of our broken heart... yada yada yada..bullshit!... I answer them general denial and affirmative defenses that goes like.. Failed to contact me, never received anything via mail of phone, that they have fail to prove in the summons proof of debt, that they incurred in predatory lending and FCRA and FDCPA violations, want the case dismissed etc etc by the way for people out there that want to do this on your own FYI there is a cost of the Answer in my case $230 something dollars OUCH didn't expect that! that is almost a 1/4 of the alleged debt!

 

So... now that I have a hearing date what should I do in the mean time? should I go and file Discovery requests? or Answers? or I do nothing until after the hearing? NOW what should I expect at Hearing? how can I prepare for the hearing? any help out there will be appreciated!

 

I am excited to do this myself I checked the San Diego Court files from Midland Funding and the amount of judgments against consumers is staggering and Sad to say the least this monsters need to be stopped one day! I checked probably 80 filings and all of them were un-answered therefore they won every single time by default! Wow...

 

Thank you guys!

 

 
 

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I have seen many times midland will dismiss just for showing up.

http://california-discovery-law.com/ discovery

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html CIVIL PROCEDURE OF CALIFORNIA

http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ this how the Angry Medic won his cases. DID I JUST SAY THE ANGRY MEDIC OOPS!!!.

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/ another good one to read.

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Send them a BOP - that gives them 10 days to itemize everything over the life of the account. If they can't do that, then you can move to have their "evidence" precluded.

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HI everyone! I just received a nice huge package from Midland boys :

 

Plaintiff Request for admission to defendant set #1

 

Definitions The term account is defined as Chase Bank USA account # yada yada

 

Admission 1: Admit that you applied for the account

Admission 2: Admit that you used the Account

 

Admission 3: Admit that you received monthly billing statements from Chase Bank or its predecessor in interest that related to the transactions made.

 

Admission 4:Admit That you made payments on the Account.

 

Admission 5:Admit that you owed 1,306.37

Admission 6:Admit that that you have not repaid the $1,306.37 due on the Account.

 

Admission 7:Admit that the date of your last payment was Sep/01/2011

Admission 8:Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff Midland Funding

 

Admission 9:Admit that you did not dispute the ownership of the account by Midland Funding

 

Admission 10:Admit the notice of new ownership and pre-legal review attached hereto as exhibit A is a true and correct copy of the letter you received from Plaintiff Midland Funding

 

Admission 11:Admit that did not dispute the accuracy of the notice of New Ownership and Pre-Legal Review letter on exhibit A

 

Admission 12:Admit that you owe Plaintiff Midland Funding $1,306.37

 

 

How should I respond to these ??? any help appreciated!

 
 

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Then I received in the same package Plaintiff Special interrogatories to defendant set #1

Definitions same as above

Special Interrogatory 1: State each name by which you have been known in the last 6 years

Special Interrogatory 2:State each residence address you have had within the six years prior to the date of your responsesincluding dates you lived at each address.

 

Special Interrogatory 3:State name,address and tel # of each employer you have had for the past 5 years including the dates you worked for each employer.

 

Special Interrogatory 4:Did you ever report to Chase Bank that there was an inaccuracy in any billing statement you received from Chase?

 

Special Interrogatory 5:Did you ever report in writing to Chase Bank that the account was opened as a result of fraudulent activity?

 

 
 
 
 

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Then also received in the same package..

Plaintiff demands for production of documents to defendant set #1

 

Documents to be produced

 

1 Any and all documents that refer or relate to credit cards used to you by Chase Bank

2 Any and all documents that refer or relate to a credit card assigned by chase from March13 2008 to January 31 2012

3 Any and all documents that refer or relate to transactions initiated by you on  a credit card assigned by Chase bearing the account # xxxxx

4 Any and all documents that refer or relate to payments made by you to Chase that were to be applied to the outstanding balance to the Chase Credit Card

5 Any and all documents that refer or relate to correspondence sent by you Chase from 03/13/08 to 01/31/12

6 Any and all documents that refer or relate to correspondence recieved by you from Chase same dates

7 Any and all documents that refer or relate to telephone calls made by you to Chase that referenced the credit card

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

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

 
 
 
 

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Rather than type out your responses, (I'm going to bed now, lol) I am going to point you to a thread that has probably most of your answers from their discovery requests. Apply to yours, and come back if you have a question, or are not sure.

http://www.creditinfocenter.com/community/topic/321807-answered-petition-2-12-years-ago-discovery-request-received-now/

Did you send out the BOP? I would in addition find some example and sent out some document requests.

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Thank you shellieh98!!! great thread lot of info, I will work on my responses tomorrow (I am too going to bed lol) 

I did sent them the BOP and gave them 10 days to respond I will also post them tomorrow and maybe you can tell me what you think.

Thank you for the help.  Nite nite!

 
 
 
 
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OK Guys I have received today in the mail a Case Management Statement for Oct 25! and the Hearing Date Notice for the same date, does this mean that I have to send my Interrogatories and Demands of Production of Documents and Admissions? Do I have to file in  court my Case Management Statement as well before 15 days prior the hearing date? Also I am a bit confused, do I have to send to plaintiff these documents by a third person or I can just doit myself and mail it myself? Please any help I think I am freaking out already! I dont want to miss a deadline!

 
 

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On Oct 1st I sent them this...

 

 

PROPOUNDING PARTY: DEFENDANT   MY NAME
RESPONDING PARTIES: PLAINTIFF   MIDLAND FUNDING LLC.

 

SET NO.: 1 (One)

Pursuant to §2031 of the California Code of Civil Procedure, AND California Code of Civil Procedure Section 454, to furnish and serve Defendant MY NAME, within 10 days of the date of service of this request, the written response and statement required pursuant to CCP §§2031 (g), (h) and (i) and please produce for inspection and copying within 10 days of the date of service of this request, at 5:00 p.m., at MY ADDRESS the following DOCUMENTS and things listed below.
/

/

/

I. DEFINITIONS
“DOCUMENT” means and includes, but is not limited to, the following: ANY writings, drawings, graphs, charts, photographs, phonograph records, tape recordings, notes, diaries, calendars, checkbooks, books, papers, accounts, memoranda, correspondence, reports, spreadsheets, working papers, drafts, appointment books, videotape recordings, and ANY computer-generated, computer-stored or electronically stored matter, such as e-mail, instant messages, computer databases and electronic data stored on hard disks, floppy disks, magnetic tape or other electronic storage medium, as well as ANY other written, typed, printed, graphic or recorded matter of ANY kind, however produced or reproduced; ALL “writings” within the meaning of California Evidence Code §250; and ALL “writings,” “recordings” and “photographs” within the meaning of Federal Rules of Evidence §1001. Any written, printed or electronic copies of DOCUMENTS bearing notations, marks or codes not found in the original shall be deemed to be different DOCUMENTS and shall also be produced. “ANY” shall mean “any and all.” Similarly, “ALL” means “any and all.”

1. ALL DOCUMENTS relating to or constituting ANY agreement between Defendant and Plaintiff.
2. ALL DOCUMENTS relating to or constituting ANY assignment to Plaintiff of the Account referred to in the complaint.
3
. ALL DOCUMENTS and ANY details of the Account on which the cause of action for goods sold and delivered, money had and received, money lent or paid, quantum meruit of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item.

4. ALL DOCUMENTS constituting statements of Account number XXXX-XXXX-XXXX-0000 showing all payments and credits from inception until present.

 

 MY NAME                                                                     

  In Pro Per

 

 

 
 
 
 

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Read your rules for civil procedure. Most states you have 30 days to answer the discovery packet they sent you, so be sure and answer them in the allotted time.

You will mail it to the plaintiffs attorney certified mail return receipt requested. Read your rules as to weather or not you need to file a proof of service with the court stating you sent them. You do not file the actual discovery response to the court unless they tell you to.

Case management is just a short thing where they ask you if you reached an agreement, and if not life goes on. You do need to file your case management to the court, and send a copy Cmrrr to the plaintiffs attorney.

In that other thread I gave that poster a list of document requests. Read your rules again and find out if there is a limit as to how many requests you can send. Then you can pick out the most important ones, I would if I were you send as many as I could.

I think you should also read homelessinca's thread, and also astmedic's thread, they both won their cases and are from your state. It will give you an idea of the progression you can expect.

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Oh forgot to say there is a case management form for you to fill out, look in homelessinca thread, it may have a link to that form, or search out some posts by @calawyer, I know he has posted the link in several peoples threads.

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OK Guys I have received today in the mail a Case Management Statement for Oct 25! and the Hearing Date Notice for the same date, does this mean that I have to send my Interrogatories and Demands of Production of Documents and Admissions? Do I have to file in  court my Case Management Statement as well before 15 days prior the hearing date? Also I am a bit confused, do I have to send to plaintiff these documents by a third person or I can just doit myself and mail it myself? Please any help I think I am freaking out already! I dont want to miss a deadline!

 
 

 

You do not have to serve any discovery before the CMC.  Just make sure you have enough time to serve it and move to compel, if necessary before any trial date set by the Court.  A trial date 4 or so months from now should do the trick.

 

You do have to file a CMC statement 15 days before the hearing.  You serve plaintiff with a copy and do a proof of service.  Serving by regular mail is fine.  You should have someone else seal the envelope and place it in the mail then sign your proof.

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Thank you @calawyer and @shellieh98!

 

@calawyer you are a legend! Thank you for showing up!  I have been reading your posts and learning a lot from you! thank God you showed up here since you are from Cali too you know the procedures and time limits. 

 

Ok so you are saying I should at this moment and just file the CMC statement at the court by no later than thursday Oct 10th since the CMC hearing is Oct the 25th? and that's it for now? 

 

Now one question what should I expect at this hearing? How should I prepare for this? Or is just a formality and BS?

 

I have already sent them the Demands of Production of Documents.  I was working on the Special Interrogatories and Admissions and I was thinking to send them that too so, should I wait then?

 

Thank you guys!

 

 

 

 
 

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here is the case management form.

http://www.courts.ca.gov/documents/cm110.pdf

 

here is a timeline check off so you don't miss any thing important.

https://docs.google.com/file/d/0B3pn_2wRVGfTcUpibVY2dWpvU0U/edit

 

you might have to click file and download if it doesn't open, and you will need word to open it.

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Thank you @calawyer and @shellieh98!

 

@calawyer

 

Ok so you are saying I should at this moment and just file the CMC statement at the court by no later than thursday Oct 10th since the CMC hearing is Oct the 25th? and that's it for now? 

 

Yes

 

Now one question what should I expect at this hearing? How should I prepare for this? Or is just a formality and BS?

 

It is a formality.  THe Court just wants to make sure everyone has been served and has filed an answer.  THe Court may also set a trial date.

 

 

I have already sent them the Demands of Production of Documents.  I was working on the Special Interrogatories and Admissions and I was thinking to send them that too so, should I wait then?

 

Personally, I think Rogs are a waste of time.  See what you get from your document demand.  Make sure plaintiff's written response says that it has produced all responsive documents.  If not, you should meet and confer and then file a motion to compel.

 

 

 

 
 

 

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Thank you @calawyer and @shellieh98!

 

You guys ROCK I have already filled my CM110 and I will file it tomorrow no later, at the courthouse before going to work.

 

I will wait and see what they say and if not satisfied I will Meet and Confer. I will keep you guys posted, mean time I will have to respond to all the BS that they sent me : Production of Documents, Admissions and Special Interrogatories if I get stuck I will post a shout to see who can hear me and give me a direction as to how to respond. I will post on friday.

 

Thank you guys!

 
 

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Ok guys I went to my Conference and set a trial date for April 2014 so I guess I have some time to prepare, the lawyer for Midland didnt know what case he was when he was called, I was the number 30'ish by then the lawyer was up to his butt with cases from Midland that he was lost, one sad thing though was to see so much defaults from people that just didnt showed up it was sad! to say the least but anyway, a couple of guys that showed up the midland lawyer asked the judge for dismissal and they got it granted so I was waiting my turn and praying for the same but didn't happened, anyway I guess I am like those few that we had to fight back all the way! so I have now to prepare my answers to Plaintiff demands for documents, admissions and special interrogatories I will post them and see if you guys can help me with some guidance,Thank you in advance like always in this forum. 

 

 
 

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And now you have your first court appearance under your belt.  Next one will be even easier.

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OK guys here is my first draft of answers I followed other people on this forum and I have copied some of the answers from others and added my own twists here and there any comments will be appreciated!

 

 

ANSWERS TO DOCUMENTS TO BE PRODUCED SET ONE

 

1.- Any and all DOCUMENTS that REFER or RELATE to credit cards issued to You by CHASE BANK USA,N.A..
Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

2.-Any and all DOCUMENTS that REFER or RELATE to a credit card assigned by CHASE BANK USA N.A. from March 13, 2008 to January 31, 2012 for account number ending XXXX.

Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

3.-Any and all DOCUMENTS that REFER or RELATE to transactions initiated by You on a credit card assigned by CHASE BANK USA N.A. bearing the account number ending in XXXX from March 13, 2008 to January 31, 2012.

Answer:  After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant.  Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

4.-Any and all DOCUMENTS that REFER or RELATE to payments by You or CHASE BANK USA N.A. that were to be applied to the outstanding balance on a CHASE BANK USA N.A. credit card.

Answer: Defendant objects as the Plaintiff’s request for Documents on the grounds that it is burdensome to the extent it seeks documents that are not within the current knowledge possession, custody or control of defendant, or more readily or accessible to Plaintiff from Plaintiff’s own files from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Defendant cannot provide what is requested, and has no documents in his possession to provide.   

5.- Any and all DOCUMENTS that REFER or RELATE to correspondence sent by You to CHASE BANK USA N.A., from March 13, 2008 to January 31, 2012.

Answer: DENIED This Defendant have no knowledge of ever sending ANY kind of correspondence to CHASE BANK USA N.A., and after a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant.  Defendant cannot provide what is requested, and has no documents in his possession to provide.  

6.- Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from CHASE BANK USA N.A., that referenced credit card number ending XXXX.

Answer: After a reasonable inquiry and diligent search, Defendant states that there are no documents within the current knowledge, possession, custody or control of the defendant.  Furthermore any documents may be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession, since Plaintiff alleges they are the successor owners of the alleged Account, Plaintiff SHOULD have ALL records available prior commencing this Action against Defendant. Without waiving Objection Defendant cannot provide what is requested, and has no documents in his possession to provide. 

7.-Any and all DOCUMENTS that REFER or RELATE to telephone calls made by You to Midland Credit Management Inc.

Answer: Defendant is unaware of and has no documents of any communications to Midland Credit Management Inc, or other person or entity, and is unable to provide this request.

8.- Any and all DOCUMENTS that REFER or RELATE to telephone calls received by You from Midland Credit Management Inc.

Answer: Defendant is unaware of and has no documents of any telephone calls or communications from Midland Credit Management Inc, or other person or entity, and is unable to provide this request  .

9.- Any and all DOCUMENTS that REFER or RELATE to correspondence received by You from Midland Credit Management, Inc.

Answer: Defendant is unaware of and has no documents of any correspondence received by me from Midland Credit Management Inc, or other person or entity, and is unable to provide this request.

 

 

 
 

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