300turbozx

Being sued by Midland Funding llc in Florida

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@300turbozx

 

If it showed no charges or payments, I might add:

 

"Without waiving the foregoing objection, after a search of Defendant' records, no documentation has been located that references _________ (the account number).  Therefore, Defendant must deny Plaintiff's request.

 

Something like that.

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The account number was blacked out so I don't know what it is. The only thing it showed was late payments n interest. and the balance

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@300turbozx

 

Was the account number referenced in the complaint?  Or did they include any definitions at the beginning of their discovery requests?

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Only last 4 of the account number

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@300turbozx

 

If I were the one being sued, I would include:

 

"Without waiving the foregoing objection, after a search of Defendant' records, no documentation has been located that references  xxxx."  (the last 4 numbers).

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@300turbozx

 

Right now, that's just for #5.  The reason I made the suggestion was because of your objection.

 

When I get a chance, I'll concentrate on the rest of the rogs and see if there's anything I might add or change.  Hopefully, some other posters will chime in.

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8.       State the names, addresses and telephone numbers of each person that used the subject Account

 Denied:  duplicate question of number eight.

 

Did you mean that it's a duplicate of #7?

 

14.   Attach copies of all receipts from items that Defendant purchased with funds withdrawn from the Account.

Denied:  duplicates question 13 and 14.

 

That's asking for receipts of particular items.  It's not asking for monthly credit card statements. 

 

 

15.   Attach all documents, invoices, statements, correspondence or records of any kind pertaining to the Account.

Denied:  duplicates question 13 and 14.

 

I don't believe those requests are duplicates because it includes requesting copies of all records of any kind.  If it were me, I'd answer them as you did in #13.

 

16.   State the following with respect to each payment that the Defendant or the Defendant's agents made on the Account since the date that it was initially opened; (a) the date of the payment; (B) the amount of the payment; © the method of payment (i.e. via check, money order...); (d) the name and address of the person making said payment; (e) the name and address to whom the check was made payable; and (f) the document(s) you are gathering the above information from.

Denied:  duplicates questions 13-17.

 

I might answer that as you did in #12.  

 

20.   Describe each and every written communication that Defendant, the Defendant's agents, or the Defendant's attorney have ever had with the Plaintiff or any of its predecessors-in-interest. For each such communication, state (a) the parties to the communication; (B) the date of the communication; © the substance of the communication; and (d) whether Defendant has a copy of the written communication in its possession.

Denied:  duplicates questions 13-17.  Already answered.

 This isn't a duplicate.  Attaching documents and describing documents aren't the same thing.  If you've never communicated with the OC or anyone else in regard to the account, I might say that after a reasonable search of my records and to the best of my knowledge, I have had no such communications.

 

 

22.   Describe each and every verbal communication that Defendant, the Defendant's agents, or the Defendant's attorney have ever had with the Plaintiff or any of its predecessors-in-interest. For each such communication, state: (a) the parties to the communication; (B) the date of the communication; and © the substance of the communication.

 

Denied:  Defendant cannot possibly recall each and every conversation conducted

 

Have you ever spoken to the plaintiff, its attorney, or anyone else about the account?

 

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Hey guys does any know how i should answer a motion for enlargement of time. I wanna object saying something like plaintiff had 30 days to respond, its been 130 days since request. plaintiff has exceeded the 30 days, and its been sooooo loing. 

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@300turbozx

 

RULE 1.090.  TIME

(b) Enlargement.  When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or

 

(2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment underrule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict.

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@300turbozx

 

(2) says that they have to have a good reason for making the motion after the date of expiration.   Did they state their reason?

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@BV80 how do this look 

 

 

 

DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DISCOVERY

 

 

Comes now, Defendant, files Defendants Opposition to Plaintiff’s Motion for Enlargement of Time to Respond to Discovery, for the following reasons:

1.       By Plaintiff’s own admission, they have had the discovery since January 15th, 2014

 

2.       Rule 1.50 states  The party to whom the request is directed shall serve a written response within 30 days after service of the request

 

3.       Answers to said discovery were due February 14th, 2014

 

4.       RULE 1.090. states Enlargement.  When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment underrule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict.

 

5.       To date plaintiff has not had any reasonable reason as to why they couldn’t produce said documents.

 

6.       Motion for enlargement of time should be granted due to these conditions.

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@BV80 how do this look 

 

 

 

DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DISCOVERY

 

 

Comes now, Defendant, files Defendants Opposition to Plaintiff’s Motion for Enlargement of Time to Respond to Discovery, for the following reasons:

1.       By Plaintiff’s own admission, they have had the discovery since January 15th, 2014

 

2.       Rule 1.50 states  The party to whom the request is directed shall serve a written response within 30 days after service of the request

 

3.       Answers to said discovery were due February 14th, 2014

 

4.       RULE 1.090. states Enlargement.  When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment underrule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict.

 

5.       To date plaintiff has not had any reasonable reason as to why they couldn’t produce said documents.

 

6.       Motion for enlargement of time should NOT be granted due to these conditions.

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@300turbozx

 

The plaintiff is Midland Funding, LLC.  The first line of the motion says:

 

Plaintiff forwarded the Defendant's First Request for Production to it's client, Midland Funding, LLC, and Plaintiff's client is requesting thirty (30) days to complete same.

 

How can Midland Funding, LLC be both the plaintiff and the client?

 

I would point out that unless Midland Funding, LLC is not the true plaintiff, then the plaintiff and the client are one and the same. 

 

My argument would be that the plaintiff has not explained why they waited 4 months to file this motion.  In addition, Plaintiff has not explained why it takes more than 4 months to provide the requested documentation.

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@300turbozx

 

If it were me, I'd definitely point it out in the opposition in reference to 1.090(b)(2).   In my opinion, Plaintiff's reference to "it's client, Midland Funding, LLC".  implies that Plaintiff has to rely on another party to provide the requested documentation.    If Midland Funding, LLC is the plaintiff, the Request for Production of Documents did not have to be forwarded to "it's client".   Wherefore, Plaintiff has not shown "excusable neglect" as required by Rule of Civil Procedure 1.090(b)(2).

 

Also, if it were me, I'd separate 1.090(b)(1) from 1.090(b)(2). 

 

(b)(1) is the basic.  They didn't file the motion within the prescribed 30-day time limit as provided for in ______ (the 30-day rule for a request for production of documents).  I would provide the section that states the  30-day rule.

 

Then I'd include 1.090(b)(2).

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Hey everyone i know its been a long time, But i havent heard anything form them up until now, well actually it wasnt even them at first. I got a notice form the court that there was an intent to dismiss due to lack of prosecution. This was 5 days ago, and court date set for june. Now three days after that intent to dismiss, the JDB finally responded to my RFD over a year ago since JAN 2014. Now i know this starts the clock all over again, and now i have to see whats going to happen. I have yet to recieve the response to my request, so i dont know what they have provided , isnt there something i can do to continue the intent to dismiss since they were suppose to respond over a year ago?

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the intent to dismiss was filled by the court for lack of prosecution. With this request now being delivered, does that mean that the court date set is no longer valid, or will we still go to court ? 

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Under under Florida 1.420(e). even when the court intends to dismiss a case for lack of prosecution, there is a 60 day window for the plaintiff to resume litigation. 

 

 

 

(e) Failure to Prosecute. All actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on teh motion why the action should remain pending. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute.

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Hey guys here are the documents that were sent, They have also submitted a motion for summary judgement. Sorry for the quality but it was 76 pages and the court wouldnt let me email or receive another copy with paying 1 dollar per page, so i just took pictures of the documents, the remaining pages are credit card statements, pretty much every one possible. Charges statements everything. Again sorry for the quality any additional help is greatly appreciated. 20150408114537.pdf

@BV80

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