HelpNeededInca

Midland Funding At it Again! Need some Guidance PLEASE!!!

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They included an Exhibit A showing a notice of new ownershp and pre-legal review, which i have no recollection of recieving, in addition, it doesn't have the correct unit number when it was sent.

 

Unit number? do you mean account number?

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ok, so it looks like they made the SOL by a couple of months.  We needed to know that to be sure it wasn't time barred.  will help you with your admits tomorrow, Im on a work stretch. :-)

 

Ok thanks in advance! @shellieh98

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They included an Exhibit A showing a notice of new ownershp and pre-legal review, which i have no recollection of recieving, in addition, it doesn't have the correct unit number when it was sent.

 

Unit number? do you mean account number?

 

I meant my house unit number. @shellieh98

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@calawyer & @shellieh98

Below are the following;

Plaintiff's request for admission to defendent set one

Plaintiff's special interrogatories to defendent set one

Request for Admissions

Request for Admssion No 1

Admit that you applied for the ACCOUNT

2

Admit that you used the ACCOUNT

3

Admit that you received monthly billing statements from Chase Bank USA or its predeccessor in interest to the transactions made

4

Admit that you made payments on the account

5

Admit that you owed XXXX on the account at the time the complaint in this action was filed

6

Admit you have not repaid the XXXX due on the account

7

Admint that the date of your last payemnt on the account as Jan 2012 (this is so not true)

8

Admit that you receieved the notice of the new ownership and pre legal review from plaintiff midland

9

Admit that you did not dispute the ownership of the account by plaintiff midland

10

Admit the notic of new ownershup and pre- legal review attached hereto as exhibit a is a treu and correct copy

11

Admit that you did not dispace the accuracy of the notice of new ownership and pre legal review letter attached

12 admit that you owe Midland funding llc

PLEASE HELP GUYS!

THanks!

Hi @calawyer or @shellieh98

Can one of you help with my admits? I have to send these out no later than tomorrow morning for my discovery to be within 35 days of my receipt.

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Is the word "account" defined by account number?

@calawyer

No it isn't. It is written exactly the way it was typed above which i thought was odd. Is this common? No mention of Chase or Midland. Just the word "Account"

Thanks,

Mee

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OK, your turn.  Send them this.  You get 35 requests, here are 17.  this should keep them busy.

Do I copy these request to Pleading paper and then send? Or Do I just send them as you have written them here?

 

@shellieh98 & @calaywer

 

Thanks in advance!

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 How do we request these documents you suggested? @calawyer

 

What are the dates of the statements plaintiff gave you?  You say 2009, but can you find the inclusive dates (in other words January 2009-January 2010)?

 

Were statements included for the time period when your credit report says you made a payment?

 

You may have a good SOL argument here.  If you don't have enough statements to determine that now, I think we should do a document request that asks for all statements.  Maybe we should ask for a copy of the agreement too.  I would favor just asking for those two categories of documents so it will be easier to move to compel if necessary.

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@HelpNeededInca You really don't need all those statements, or want them.  He was asking if the ones they sent you, are they for the year as in jan-dec? (none missing)  And do any of them show you made a payment?

 

and I take it that calawyer showed you how to answer your discovery above?  

 

You put the requests on pleading paper here is a blank one here.  http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=1721

 

don't file it with the court, only file a verification of service.  send it to the plaintiff's attorney CMRRR along with the verification of service.

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@HelpNeededInca You really don't need all those statements, or want them.  He was asking if the ones they sent you, are they for the year as in jan-dec? (none missing)  And do any of them show you made a payment?

 

and I take it that calawyer showed you how to answer your discovery above?  

 

You put the requests on pleading paper here is a blank one here.  http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=1721

 

don't file it with the court, only file a verification of service.  send it to the plaintiff's attorney CMRRR along with the verification of service.

 

Hi @shellieh98,

 

Calawyer did help me with these answers however, the answer he gave me were based on the term " account" not being defined. After further review, under the "definitions" subject of the RFA's , the account is defined by a chase acct number, so now im unsure if I can use these answers. 

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Request for Admssion No

1.  Admit that you applied for the ACCOUNT

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

2.  Admit that you used the ACCOUNT
Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

3.  Admit that you received monthly billing statements from Chase Bank USA or its predeccessor in interest to the transactions made

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

4.  Admit that you made payments on the account

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

5.  Admit that you owed XXXX on the account at the time the complaint in this action was filed

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

6.  Admit you have not repaid the XXXX due on the account

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

7.  Admit that the date of your last payment on the account as Jan 2012 

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

8.  Admit that you received the notice of the new ownership and pre legal review from plaintiff midland

Denied

 

9.  Admit that you did not dispute the ownership of the account by plaintiff midland

Denied Defendant has denied such allegations in his answer to this suit.

 

10.  Admit the notice of new ownership and pre- legal review attached hereto as exhibit a is a true and correct copy

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request

 

11.  Admit that you did not dispace the accuracy of the notice of new ownership and pre legal review letter attached

Denied. after a reasonable inquiry and diligent search, defendant did not receive any such notice prior to the filing of this lawsuit, and has denied allegations since the filing of this lawsuit. Furthermore Plaintiff's attachment of prelegal review letter has an incorrect mailing address for Defendant.

 

12 admit that you owe Midland funding llc

Denied
 

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Request for Admssion No

1.  Admit that you applied for the ACCOUNT

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

2.  Admit that you used the ACCOUNT

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

3.  Admit that you received monthly billing statements from Chase Bank USA or its predeccessor in interest to the transactions made

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

4.  Admit that you made payments on the account

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

5.  Admit that you owed XXXX on the account at the time the complaint in this action was filed

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

6.  Admit you have not repaid the XXXX due on the account

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

7.  Admit that the date of your last payment on the account as Jan 2012 

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request.

 

8.  Admit that you received the notice of the new ownership and pre legal review from plaintiff midland

Denied

 

9.  Admit that you did not dispute the ownership of the account by plaintiff midland

Denied Defendant has denied such allegations in his answer to this suit.

 

10.  Admit the notice of new ownership and pre- legal review attached hereto as exhibit a is a true and correct copy

Defendant states after a reasonable inquiry the information known or readily obtainable is insufficient to enable him to admit or deny this request

 

11.  Admit that you did not dispace the accuracy of the notice of new ownership and pre legal review letter attached

Denied. after a reasonable inquiry and diligent search, defendant did not receive any such notice prior to the filing of this lawsuit, and has denied allegations since the filing of this lawsuit. Furthermore Plaintiff's attachment of prelegal review letter has an incorrect mailing address for Defendant.

 

12 admit that you owe Midland funding llc

Denied

 

 

 

Thanks @shellieh98! I will use these

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