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Being sued by Midland Funding llc in Florida


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This is straight from cc agreement from the year of last payment, technically is past the SOL of 3 years

GOVERNING LAW

THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT.

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If they were told by the court that they cannot serve discovery on you until and unless they produce evidence that they own the debt, then by serving you discovery, they are in violation of the court order.

 

Judges don't like that. See what your rules are on that particular issue. They may be willing to dismiss rather than pay the court fine and be subject to sanctions.

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No. If the suit started before the SOL was up, then SOL was tolled--like a bell--for the course of the lawsuit.

 

Once the suit is over, even if it's just a dismissal without prejudice, then the SOL goes back to the day before the suit was filed, as if it were never filed. 

 

You have ample reason to countersue, if they are trying to collect on a debt with a different OC. 

 

It may be worth your while to talk to a good NACA attorney about FDCPA violations.

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ok guys here is everything that was sent to me from them. If you notice in the admission request they put capital one, when the the OC is actually chase, and they know this because this is what was stated in their original complaint, along with a statement from, chase bank. Now what i want to know, is about submitting for SOL since is was filled after SOL after i discovered, that chase Uses Delawares SOL no matter what. How should i go about answering these documents as well. It seems like they want me to give them everything that i requested from them. I dont have any of these documents, i also dont want to give them my bank information either.post-163666-0-73857900-1401200040_thumb.post-163666-0-09626200-1401200049_thumb.post-163666-0-28172500-1401200057_thumb.post-163666-0-45193700-1401200065_thumb.post-163666-0-29144400-1401200073_thumb.post-163666-0-46920200-1401200080_thumb.post-163666-0-65658100-1401200087_thumb.post-163666-0-50716000-1401200095_thumb.post-163666-0-01436300-1401200103_thumb.post-163666-0-19440700-1401200110_thumb.

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Man is Midland getting desperate.  36 rogs?  Good GRIEF.

 

1.  John Doe, 1313 Mockingbird Lane, Orlando, FL 33333.  Objection to birthdate and social security number as they are privileged information and not material to the complaint as filed.  Defendant acknowledges that he is John Doe as listed on the complaint.

 

2.  None

 

3.  Objection:  this information is not material to the complaint as filed and not destined to lead to discoverable material to the case.  This information would prejudice the court against the defendant by discussing irrelevant information.

 

4.  None

 

5.  Objection:  premature.  Discovery is ongoing and at this point Defendant is still preparing for trial.  To date Plaintiff has produced no documents supporting their claim by which the Defendant could reasonably produce documents in defense of the complaint as filed.

 

6.  Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

7.  Objection:  premature.  Discovery and trial preparation are ongoing and thus far Plaintiff has failed to supply any of these documents upon which Defendant could reasonably answer.

 

8.  Denied:  defendant denies said account as alleged in the complaint exists.

 

9.  Denied:  duplicate question of number nine.

 

10.  Denied:  defendant denies said account as alleged in the complaint exists.

 

11.  Denied:  defendant denies said account as alleged in the complaint exists.

12.  Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

13.  Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

14.  Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.  Discovery is ongoing and trial preparation has not finished.

 

15-17.  Denied:  duplicates question 13 and 14.

 

18.  Denied:  Defendant denies the existence of any such account as alleged in the complaint.

 

19-22:  Denied:  duplicates questions 13-17.  Already answered.

 

23.  Denied:  Defendant cannot possibly recall each and every conversation conducted

 

24.  .  Denied:  defendant denies said account as alleged in the complaint exists.

 

25.  .  Denied:  defendant denies said account as alleged in the complaint exists.

 

26-28:  DENIED.  Duplicate questions off 13-17 and 19-22.  Defendant denies the account ever existed.

 

29.  Objection:  premature.  At this time trial preparation and discovery are ongoing.  Without waiving any objection Defendant denies the account as stated in the complaint and if the account does exist the Plaintiff Midland Credit Management lacks standing to sue.

 

30.  Objection:  premature.  Discovery is ongoing and at this point Defendant is still preparing for trial.  To date Plaintiff has produced no documents supporting their claim by which the Defendant could reasonably produce documents in defense of the complaint as filed.

 

31.  Denied.

 

32:  Objection:  banking information is not destined to lead to discoverable information relevant to the complaint as filed and is privileged information.

 

33.  Objection:  former address information is not destined to lead to discoverable information relevant to the complaint as filed and is privileged information.

 

34.  .  Objection:  premature.  Discovery is ongoing and at this point Defendant is still preparing for trial.  To date Plaintiff has produced no documents supporting their claim by which the Defendant could reasonably produce documents in defense of the complaint as filed.  This question duplicates those already asked and answered multiple times.

 

35.  Objection:  drivers license information is not destined to lead to discoverable information relevant to the complaint as filed and is privileged information.

 

36.  .  Objection:  premature.  Discovery is ongoing and at this point Defendant is still preparing for trial.  To date Plaintiff has produced no documents supporting their claim by which the Defendant could reasonably produce documents in defense of the complaint as filed.

 

RFAs:

 

1.  Denied:  Plaintiff has provided no substantiative proof by which the Defendant could reasonably be expected to answer this question.

 

2.  Denied:  Plaintiff has provided no substantiative proof by which the Defendant could reasonably be expected to answer this question.

 

3.  Denied:  Plaintiff has provided no substantiative proof by which the Defendant could reasonably be expected to answer this question.

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They want you to prove their case for them because they have NOTHING.  

 

I would stay silent on the OC issue until trial and then suddenly act shocked that they list two OCs and point out that they as the Plaintiff do not even know who they are suing for.  If they can't even get that right then they do not have standing.  If you bring it up now they will simply amend their complaint claiming error. If they get busted in court the judge could very well toss it.

 

I would also object to their expansion of time request on the basis that they should have obtained those documents PRIOR to filing a lawsuit in anticipation of discovery not default judgment.

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how do i object to the expansion of time ?

 

Follow the same general format that they filed but change it to RESPONSE TO MOTION FOR EXPANSION OF TIME.

 

Then list your reasons:

 

1.  Defendant objects to any expansion of time as Plaintiff has already had 5 months since the request for documents was made to obtain the required information in support of their case and in anticipation of discovery.

 

2.  Any further delay will prejudice the Defendant's defense as it does not allow sufficient time to review all materials for adequate trial preparation due to the unnecessary delay.

 

3.  Plaintiff is reasonably expected to have in their possession supporting evidence at the time of filing a lawsuit alleging indebtedness in support of their claim.  Additional time in excess of the five months already provided will not yield further results.  

 

etc.

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just found this as well RULE 1.340. INTERROGATORIES TO PARTIES 

(a) Procedure for Use. Without leave of court, any party may serve upon 
any other party written interrogatories to be answered (1) by the party to whom the 
interrogatories are directed, or (2) if that party is a public or private corporation or 
partnership or association or governmental agency, by any officer or agent, who 
shall furnish the information available to that party. Interrogatories may be served April 17, 2014 Florida Rules of Civil Procedure 70
on the plaintiff after commencement of the action and on any other party with or 
after service of the process and initial pleading upon that party. The interrogatories 
shall not exceed 30, including all subparts, unless the court permits a larger number 
on motion and notice and for good cause.
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they have 36

 

Even better.  I would change my answers to this:

 

17-36. Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number.  Due to multiple sub-parts on many questions Plaintiff is limited to 17 of the 36 interrogatories as submitted to the Defendant.  

 

Florida RULE 1.340 INTERROGATORIES TO PARTIES  states: 

(a) Procedure for Use. Without leave of court, any party may serve upon any other party written interrogatories to be answered (1) by the party to whom the interrogatories are directed, or (2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who shall furnish the information available to that party. Interrogatories may be served April 17, 2014 Florida Rules of Civil Procedure 70 on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading upon that party. The interrogatories shall not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause.
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