JeremyT Posted January 27, 2014 Report Share Posted January 27, 2014 I am being sued by Midland. My court form in Dakota county has listings: Admit, Deny or Insufficient Information. Often times I see folks list to deny everything and then list they deny it with lack of info.For example: DENY - In response to paragraph #3, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. In this case since the form has lack of information as an option, would one just list everything in Insufficient info? My county's form looks like this: 1. Deny All statements are untrue in paragraph numbers 2. Admit All statements are true in paragraph numbers 3. Partially True The information in the following paragraphs is partially true and partially false In these partially true paragraphs, I deny everything except the following statements, which are true: 4. Insufficient Information I don’t have enough information to know if the following paragraphs and/or statements are true: I need to crank this answer out today and have been completely boggled by this process. I realize this is only the beginning... Thanks for any help. Quote Link to comment Share on other sites More sharing options...
Spikey Posted January 27, 2014 Report Share Posted January 27, 2014 It depends based on what you're responding to and what evidence has been provided with the complaint. Quote Link to comment Share on other sites More sharing options...
JeremyT Posted January 27, 2014 Author Report Share Posted January 27, 2014 It seems to be the standard issue complaint: Plantiff, Midland Funding LLC, for it's complaint, states and alleges the follows: I.The original creditor, HSBC Bank Nevada, N.A., issues credit acct number xxxxxxxxx9602 to defendant. II. Defendant made purchases and/or recieved cash advances on the acct. III.Defendant is/are in default for failing to make the required payments on the acct. IV.The last payment was made June 11, 2010. V.The acct was charged -off by the original creditor on July 30, 2011 with a balance of $4,344.74. VI.The current balance is $4,344.74. VII.Plantiff purchased the account on May 08, 2013, and is attempting to collect on the debt. VIII.Plantiff owns the acct and is a successor in interest to Beareaus Investment Group III, LLC, which is a successor in interest to HSBC Bank Nevada, NA (Best Buy) for this account. IX Defendants address info, blah blah Quote Link to comment Share on other sites More sharing options...
Spikey Posted January 27, 2014 Report Share Posted January 27, 2014 VII and maybe VIII are the ones that I would definitely label as a potential for Insufficient Information. Unless they attached all the bill of sales documents to the complaint. Quote Link to comment Share on other sites More sharing options...
JeremyT Posted January 27, 2014 Author Report Share Posted January 27, 2014 No bill of sale or anything of the like listed with the complaint. Thanks for the reply. Now, on this form it appears one can just list the paragraph headings and that is all. I notice most folks have some language to go along with their "Deny" statement. Can I be a half a$$ and just simply list the paragraph's Denied or Admitted etc with no language? Just deny I, II, III, IV, V and leave it at that? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted January 27, 2014 Report Share Posted January 27, 2014 I would admit to my address (if it is listed correctly) and deny all the others. A simple "Deny" is sufficient. 1 Quote Link to comment Share on other sites More sharing options...
Spikey Posted January 27, 2014 Report Share Posted January 27, 2014 I would admit to my address (if it is listed correctly) and deny all the others. A simple "Deny" is sufficient. I agree with this but double check your state rules to be certain. Quote Link to comment Share on other sites More sharing options...
JeremyT Posted January 27, 2014 Author Report Share Posted January 27, 2014 Thanks to both of you. There is no court file listed so there is no need for me to file with the courts on this, correct? Quote Link to comment Share on other sites More sharing options...
Spikey Posted January 27, 2014 Report Share Posted January 27, 2014 So they filled pocket docket service then? You may have a bit of a wait then. They can file up to 12 months later. Quote Link to comment Share on other sites More sharing options...
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