Midland Funding is suing me in CA: Fumbled Discovery & Trial in Oct.

[blueskittles]

Greetings all. Love this site.

Midland Funding is suing me. I answered the summons on time, however I believe my ADs are weak.

I filed a CMS, but they did not. I attended the CMSC, but they did not.

Unfortunately, I have  fumbled  the  Discovery portion of the suit and I need help.

The trial will happen in the latter part of next month.

I sent them a Demand for Inspection of Docs, which they have sent to me.

I also sent them a Request for Statement of Witnesses and Evidence, which was deemed improper.

I have to resend it. They have sent me documents, such as  Interrogatories, Product. of Doc. and Requests for Admission documents.

I am confused on how to properly answer them, the docs, since they have already sent me affidavits, CC statements, Bill of Sale, affidavit of sale and other things.

Please help.

 

[racecar]

Post up the discovery requests we have great CA posters who can help.

[RyanEX]

How many days until your trial date?

[blueskittles]

Thanks Racecar for the quick response.

The Discovery request will be tricky for me to answer because they have given me documents and statements pertaining to the account.

 

The Discovery requests are:

 

A. Special Interrogatory # 1- 5:

1. State each name by which you have been known in the last six years.
2. State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.
3. State the name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.
4. Did you ever report to xxxxx Bank xx, x.x. that there was an inaccuracy in any billing statement you received form the xxxxx Bank xx, x.x.?
5. Did you ever report in writing to xxxxx Bank xx, x.x. that the account was opened as a result of fraudulent activity?

B. Documents to be produced

1. Any and all documents that refer or relate to credit cards issued to you by xxxxx Bank xx, x.x.
2. Any and all documents that refer or relate to credit card assigned by xxxxx Bank xx, x.x. from xxxxx to xxxxx for account xxxxx
3. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by to xxxxx Bank xx, x.x. bearing account number xxxxxxxxx , from xxxxx to xxxxx.
4. Any and all documents that refer or relate to payments made by you to  xxxxx Bank xx, x.x. that were to be applied to the outstanding balance on a xxxxx Bank xx, x.x. from xxxxx to xxxxx.
5. Any and all documents that refer or relate to correspondence sent by you to xxxxx Bank xx, x.x. from xxxx to xxxx.
6. Any and all documents that refer or relate to correspondence received by you to to xxxxx Bank xx, x.x.  that referenced credit card number xxxxxx
7. Any and all documents that refer or relate to telephone calls made by you to Midland CM, Inc.
8. Any and all documents that refer or relate to telephone calls received by you from Midland CM, Inc.
9. Any and all documents that refer or relate to correspondence received by you from Midland CM, Inc.

C. Request for Admission

1. Admit that you applied for the account.
2. Admit that you used the account.
3. Admit that you received monthly billing statements form xxxx Bank xxx, x.x. or it’s predecessor in interest that related to the transactions made.
4. Admit that you made payments on the account.
5. Admit that you owed $x,xxx on the account at the time the complaint in this action was filed.
6. Admit you have not repaid the $x,xxx due on the account.
7. Admit that the date of your last payment on the account was xxxx,xx, xxx.
8. Admit that you received the pre-legal notification from Plaintiff, Midland.
9. Admit that you did not dispute the ownership of the account by Plaintiff Midland.
10. Admit the Pre-Legal Notification attached hereto as “Exhibit A” is a true and correct copy of the letter you received from Plaintiff Midland.
11. Admit you did not dispute the accuracy of the Pre-Legal Notification letter attached hereto as “Exhibit A” that you received from Plaintiff Midland.
12. Admit that you owe Plaintiff Midland $ x,xxx.

 

 

 

 

 

 

 

[blueskittles]

Hello RyanEX. My trial is in one month.

[helpme]

Thanks Racecar for the quick response.

The Discovery request will be tricky for me to answer because they have given me documents and statements pertaining to the account.

 

The Discovery requests are:

 

A. Special Interrogatory # 1- 5:

1. State each name by which you have been known in the last six years.
2. State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.
3. State the name, address, and telephone number of each employer you have had for the past five years, including the dates you worked for each employer.
4. Did you ever report to xxxxx Bank xx, x.x. that there was an inaccuracy in any billing statement you received form the xxxxx Bank xx, x.x.?
5. Did you ever report in writing to xxxxx Bank xx, x.x. that the account was opened as a result of fraudulent activity?

B. Documents to be produced

1. Any and all documents that refer or relate to credit cards issued to you by xxxxx Bank xx, x.x.
2. Any and all documents that refer or relate to credit card assigned by xxxxx Bank xx, x.x. from xxxxx to xxxxx for account xxxxx
3. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by to xxxxx Bank xx, x.x. bearing account number xxxxxxxxx , from xxxxx to xxxxx.
4. Any and all documents that refer or relate to payments made by you to  xxxxx Bank xx, x.x. that were to be applied to the outstanding balance on a xxxxx Bank xx, x.x. from xxxxx to xxxxx.
5. Any and all documents that refer or relate to correspondence sent by you to xxxxx Bank xx, x.x. from xxxx to xxxx.
6. Any and all documents that refer or relate to correspondence received by you to to xxxxx Bank xx, x.x.  that referenced credit card number xxxxxx
7. Any and all documents that refer or relate to telephone calls made by you to Midland CM, Inc.
8. Any and all documents that refer or relate to telephone calls received by you from Midland CM, Inc.
9. Any and all documents that refer or relate to correspondence received by you from Midland CM, Inc.

C. Request for Admission

1. Admit that you applied for the account.
2. Admit that you used the account.
3. Admit that you received monthly billing statements form xxxx Bank xxx, x.x. or it’s predecessor in interest that related to the transactions made.
4. Admit that you made payments on the account.
5. Admit that you owed $x,xxx on the account at the time the complaint in this action was filed.
6. Admit you have not repaid the $x,xxx due on the account.
7. Admit that the date of your last payment on the account was xxxx,xx, xxx.
8. Admit that you received the pre-legal notification from Plaintiff, Midland.
9. Admit that you did not dispute the ownership of the account by Plaintiff Midland.
10. Admit the Pre-Legal Notification attached hereto as “Exhibit A” is a true and correct copy of the letter you received from Plaintiff Midland.
11. Admit you did not dispute the accuracy of the Pre-Legal Notification letter attached hereto as “Exhibit A” that you received from Plaintiff Midland.
12. Admit that you owe Plaintiff Midland $ x,xxx.

 

 

 

 

 

 

 

Welcome,

 

I would look at 1111girl's thread to help you formulate your answers. Calawyer, the residence California lawyer, helped her with her answers. 

 

If you are still having problems formulating your answer re-post the questions you're having problems with.

[blueskittles]

Welcome,

 

I would look at 1111girl's thread to help you formulate your answers. Calawyer, the residence California lawyer, helped her with her answers. 

 

If you are still having problems formulating your answer re-post the questions you're having problems with.

Thanks for the warm welcome Helpme. I will check out the thread and repost my answers that are troublesome.

[blueskittles]

Welcome,

 

I would look at 1111girl's thread to help you formulate your answers. Calawyer, the residence California lawyer, helped her with her answers. 

 

If you are still having problems formulating your answer re-post the questions you're having problems with.

Hi again. I have looked over 1111girl's thread.  I feel her answers to their discovery docs. I can not use. Midland's has provided me with statements and documents, which prevents me from using her answers as a guideline. I am stuck and don't know how to answer the simplest questions.

[Anon Amos]

The Discovery request will be tricky for me to answer because they have given me documents and statements pertaining to the account

Then that is what you tell them.

"OBJECTION: Defendant is without any documentation pertaining to the alleged account other than what it has received from plaintiff and is therefore equally available to plaintiff".

You need to deny everything (except for name etc. and possibly RFA's # 6,8,9,10 & 11)and produce nothing, in my opinion. Make sure you are not late answering the discovery.

Are you sure it's a TRIAL date late next month?

[Anon Amos]

My trial is in one month.

If it is a trial date then you need to send them the CC9 96 witness and exhibit request (I think you know that, but just in case). You have to send it no sooner than 45 days before trial, and no later than 30 days before trial. If you are already late I would send it anyway ASAP.

[blueskittles]

Then that is what you tell them.

"OBJECTION: Defendant is without any documentation pertaining to the alleged account other than what it has received from plaintiff and is therefore equally available to plaintiff".

You need to deny everything (except for name etc. and possibly RFA's # 6,8,9,10 & 11)and produce nothing, in my opinion. Make sure you are not late answering the discovery.

Are you sure it's a TRIAL date late next month?

Thanks, Anon Amos for your help. I am presently drafting my answers and will use your suggestions. Yes, my trial is next month.

I will post my answers to you all just to make sure everything is correct.

[blueskittles]

If it is a trial date then you need to send them the CC9 96 witness and exhibit request (I think you know that, but just in case). You have to send it no sooner than 45 days before trial, and no later than 30 days before trial. If you are already late I would send it anyway ASAP.

Yes I have already sent them a CCP 96. I understand that they have 25 days to answer. Thanks for helping me out. It really means a lot.

[blueskittles]

Hi all,

I am reviewing the affidavit laws of CA and I am wondering if an affidavit has to by made within 10 days preceding of either the filing of a complaint or issuance of the summons. If the affidavit is made by the plaintiff prior to that 10 day period,can it be excluded as evidence?

I have noticed the plaintiff has sent me an Affidavit of Sale of Account by the OC, which was dated several days before they filed a complaint.

P.S.

Still crafting my discovery answers.

 

[blueskittles]

Will these answers to the plaintiff's  Interrogatory questions fly?

A. Special Interrogatory #'s 4 and 5

 

 4. Did you ever report to xxxxx Bank xx, x.x. that there was an inaccuracy in any billing statement you received form the xxxxx Bank xx, x.x.?

• Defendant objects to this Request on the ground that the phrase "inaccuracy" is vague and ambiguous in that the complaint did not attach any signed agreement by the defendant, which relates to alleged billings statements of alleged account. Defendant is without any documentation pertaining to the alleged account other than what it has received from plaintiff and is therefore equally available to plaintiff.

 

5. Did you ever report in writing to xxxxx Bank xx, x.x. that the account was opened as a result of fraudulent activity?

• Objection: Defendant is without any documentation pertaining to the alleged account other than what it has received from the plaintiff and is therefore equally available to plaintiff.

 

 

 

 

 

[ASTMedic]

Hi all,

I am reviewing the affidavit laws of CA and I am wondering if an affidavit has to by made within 10 days preceding of either the filing of a complaint or issuance of the summons. If the affidavit is made by the plaintiff prior to that 10 day period,can it be excluded as evidence?

I have noticed the plaintiff has sent me an Affidavit of Sale of Account by the OC, which was dated several days before they filed a complaint.

P.S.

Still crafting my discovery answers.

Does that affidavit conform to CCP 98 or CCP 2015.5?

All affidavits must meet those requirements.

[blueskittles]

Does that affidavit conform to CCP 98 or CCP 2015.5?

All affidavits must meet those requirements.

 

 

Hi ASTMedic,

The affidavit is a CCP 98.

[blueskittles]

Does that affidavit conform to CCP 98 or CCP 2015.5?

All affidavits must meet those requirements.

 

I don't think the other affidavit, which is a sale of account by OG, conforms. I will do further research.

[Anon Amos]

It is a ccp 98, but does it comply with the code for ccp 98 ? (if it does it will be one of the first times).

The declarant needs to provide you with his address within 150 miles of the court, and be there 20 days before and until the trial, so that you can send subpoena service.

You must receive the ccp 98 30 days before trial.

The declarant (of the ccp 98) must sign it under the penalty of perjury to California, and they are supposed to be a resident of California.

The Target v. Rocha case is the one that pertains to this.

[calawyer]

When was the discovery served on you?  If your trial is next month, plaintiff may not have time to file a motion to compel.

[blueskittles]

When was the discovery served on you?  If your trial is next month, plaintiff may not have time to file a motion to compel.

 

Hi Calawyer, thanks for helping me. I sent you DM.

How many days do I have to respond to a MTC if they serve me with one? Is it five days or 20?

[helpme]

Hi Calawyer, thanks for helping me. I sent you DM.

How many days do I have to respond to a MTC if they serve me with one? Is it five days or 20?

I believe its 9 days...and after they receive your response...they have 5 days to respond to your response.

[qbert]

now that my midland case is over i will be posting my rogs and responses and other docs.

 

go read the first post of ASTMedics 'how i beat midland in california' thread. then read it again

[blueskittles]

now that my midland case is over i will be posting my rogs and responses and other docs.

 

go read the first post of ASTMedics 'how i beat midland in california' thread. then read it again

 

Hi qbert, thanks for the advice. I will read ASTMedic's first post again, but this time with a calmer mind. I will understand it and use it  so it may guide me to victory. I see it is filled with document templates and other goodies. I look forward to viewing your doc. post as-well. Thanks for helping me.

[blueskittles]

I believe its 9 days...and after they receive your response...they have 5 days to respond to your response.

 

Hi Helpme. Thanks for answering my question. 

[blueskittles]

It is a ccp 98, but does it comply with the code for ccp 98 ? (if it does it will be one of the first times).

The declarant needs to provide you with his address within 150 miles of the court, and be there 20 days before and until the trial, so that you can send subpoena service.

You must receive the ccp 98 30 days before trial.

The declarant (of the ccp 98) must sign it under the penalty of perjury to California, and they are supposed to be a resident of California.

The Target v. Rocha case is the one that pertains to this.

 

Hello Anon Amos. Thanks for helping me out with good info. about those CC 98s. I am presently investigating if they are up to snuff. I will also be studying the Target vs. Rocha case you provided for me. Your the best and the reason for me not jumping out of a window. lol.