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Time limit - request for discovery? (Minnesota)


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Hello all-

 

I received a summons/complaint from a law firm representing a collector "in successor of Wells Fargo". I properly answered their summons/complaint on 5/24/13 within the due date. Over the past 6 or so months, nothing has happened. No case was ever filed in court. Never received anything from them. 

 

Today, 11/18/13, I received a letter in the mail from the firm, "Plaintiff's first set of interlocking discovery". No certificate of service included, still no case number. Checked court records, no case officially filed. 

 

Is there a time limit in which they have to request discovery after receiving my answer? 

 

What's the best next step at this point? 

 

-Do I send them a request for discovery?

-Is there anything I can do to dismiss based on time passed after answer?

-The answer to their summons/complaint was the only document/communication I sent them. Are there other documents or requests I should send them at this time?

 

It's obvious to me that they are just using this to create pressure on me to pay. A case has not been officially filed yet. Still, in the case that they do actually file with the court, I'd like to have responded in the best way possible. 

 

 

Thanks!!!

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If they are actually trying to pursue legal action without actually filing a case, it's probably a FDCPA violation. Was the initial "Summons/complaint" served to you via your local circuit court? if not, then they are trying some BS scam here.

 

Neither you nor the debt collector would be exchanging discovery requests unless there was an actual lawsuit filed, with a case number, that you filed an answer to with your local court, or at the very least made an appearance at a pre-trial hearing to admit/deny their complaint against you. I would take every document you have with you to your county clerk's office and verify that there are absolutley no pending cases against you at this time.

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"Plaintiff's first set of interlocking discovery"

This is just another name for discovery requests.

 

Did they send you some discovery to answer?

 

If they sent you some discovery requests post them here and we will help you answer them.

 

They may have a business model of trying to scare people in to not showing up for court so they can win by default.

 

Check at the courthouse and see what has been filed against you.

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They did send discovery to answer. I checked, nothing has been filed. I believe their business model is trying to scare people. I'll post it up when I have some time. 

 

From what I've read the real deadlines start once the case is officially filed. Since nothing has been filed, since May...

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https://www.revisor.mn.gov/court_rules/rule.php?name=cp-toh rules of procedure

https://www.revisor.mn.gov/court_rules/rule.php?type=cp&id=26#26.02 discovery rules

http://www.mncourts.gov/selfhelp/?page=3444 selfhelp center

 

26.04Timing and Sequence of Discovery

(a) Timing. Notwithstanding the provisions of Rules 26.02, 30.01, 31.01(a), 33.01(a), 34.02, 36.01, and 45, parties may not seek discovery from any source before the parties have conferred and prepared a discovery plan as required by Rule 26.06( c ) except in a proceeding exempt from initial disclosure under Rule 26.01(a)(2), or when allowed by stipulation or court order.

( b ) Sequence. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

( c ) Expedited Litigation Track. Expedited timing and modified content of certain disclosure and discovery obligations may be required by order of the supreme court adopting special rules for the pilot expedited civil litigation track.

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I would answer their discovery and then send them your discovery requests.

Always send with a certificate of service and send certified return receipt requested.

This way unlike the plaintiff who sent with no proof of mailing you will have proof of mailing should you have to compel a response.

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This will keep them busy

 

To: Lawfirm Name and address.

Pursuant to Minnesota Rules of Civil Procedure, Rules 33, 34, and 36, Defendant serves upon you and demands answers to the following interrogatories, requests for production of documents, and request for admissions. Minnesota rules provide that you must serve your separate written answers or objections to each interrogatory and request for admission within 30 days after this service.

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 Minnesota. 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.

(6) 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.

(7)If a document being requested was in your custody or was known to you, but is no longer available, provide a description of the document, including the contents, and set forth how the document left your possession.

(8) If after due diligence in investigating and researching a discovery request, you cannot respond fully, answer to the best of your knowledge and explain your inability to give a complete answer.

(9). Include all information within your knowledge, the knowledge of your attorneys, any past or present staff, and any investigators employed by you or your attorneys.

 

DEFENDANTS INTERROGATORIES TO PLAINTIFF PROFESSIONAL SYSTEMS OF MAKATO, INC AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK

 

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 defense 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 ______________________________

_______________________________

Date

Your name

Defendant, pro se

Your Address

Telephone:

 

Pursuant to Minnesota Rules of Civil Procedure, Rules 33, 34, and 36, Defendant serves upon you and demands answers to the following interrogatories, requests for production of documents, and request for admissions. Minnesota rules provide that you must serve your separate written answers or objections to each interrogatory and request for admission within 30 days after this service.

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 Minnesota. 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 TO PLAINTIFF PROFESSIONAL SYSTEMS OF MAKATO, INC AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK

 

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 (CHECK ONE) ____ authorized agent _____ Attorney

 

Date

Your name

Defendant, pro se

Your Address

Telephone:

 

 

 

DEFENDANTS PRODUCTION OF DOCUMENTS TO PLAINTIFF PROFESSIONAL SYSTEMS OF MAKATO, INC AS SUCCESSOR IN INTEREST TO WELLS FARGO BANK

 

DEFINITIONS

The following words, when used 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.

1. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

2. The forward flow or media document(s) governing this transaction.

 

3. Proof of mailing of monthly statements to defendant.

 

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

 

5.The original signed application establishing the account.

 

Date

Your name

Defendant, pro se

Your Address

Telephone:

 

End of discovery

 

CERTIFICATE OF SERVICE

 

I HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by Certified U.S. Mail Return Receipt Requested this day of November 22, 2013 To All counsel of record, see attached mailing list.

Kennedy & Kennedy Law Office 99 Navaho Avenue, Suite 104 PO Box 3223 Mankato, MN 56002-3223.

 

 

 

 

 

 

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