bluewraith

Cach vs Me in Indiana

Recommended Posts

Was the summons from the same plaintiff or law firm?

No, there was nothing related to my case at all. It wasn't a summons, but some other pleading. I don't remember exactly what it was now, but thats not really important. I called the clerk this morning about it and dropped it off at the clerks office this afternoon after I got off work.

  • Like 1

Share this post


Link to post
Share on other sites

 

Rule 5. Service and Filing of Pleading and Other Papers

©   Certificate of Service. An attorney or unrepresented party tendering a document to the Clerk for filing shall certify that service has been made, list the parties served, and specify the date and means of service. The certificate of service shall be placed at the end of the document and shall not be separately filed. The separate filing of a certificate of service, however, shall not be grounds for rejecting a document for filing. The Clerk may permit documents to be filed without a certificate of service but shall require prompt filing of a separate certificate of service.

(E)   Filing.

(1)     Except as otherwise provided in subparagraph (2) hereof, all pleadings and papers subsequent to the complaint which are required to be served upon a party shall be filed with the Court either before service or within a reasonable period of time thereafter.

 

 

Is it just me, or do Trial Rule 5 © and (E)(1) conflict eachother? I understand that it also says "reasonable period of time thereafter" but I tend to overthink things.

 

I'm also trying to figure out if I need to send FILED stamped and signed copies to the lawyers, or if a blank copy is suffecient.

 

I plan on filing my appearance and answer either Thursday or Friday of this week. I'm working on getting my discovery fleshed out now, because I'd like to get it sent out fairly quickly.

Share this post


Link to post
Share on other sites

It's just saying that you have to file with the court and send a copy to the lawyer at about the same time. That way you can put a copy of something with a proof of service in the mail (to the lawyer) saying that this document has been filed with the court, and THEN go to the court and file it (as well as it get it stamped), or you could file it with the court a day or two after etc. (within a reasonable amount of time) without being on record as making a false statement. 

 

I would keep the discovery simple. You can see an example of RFP's in ASTMedic's thread. It's a different state, but it shows you what you need to get at without sending a whole laundry list that will be easier for them to object to and harder for you to motion the court to compel.

Share this post


Link to post
Share on other sites

So, in essence, I should deliver a signed, but not stamped, copy to their lawyers (via CMRRR) BEFORE I file a copy to the court. Correct?

 

 

I feel like I'm being a pain in the rear, but I just don't want to mess up something simple. There will be plenty of harder things to mess up later. :)

Share this post


Link to post
Share on other sites

It just has to be about the same time. You could put it in the mail and then take it to the court or you could go to the court then mail it. Whatever is easiest. You're not a pain.

  • Like 1

Share this post


Link to post
Share on other sites

@bluewraith

 

I don't think it matters if your copy is stamped or not.  Certificate of service (C) and filing (E) are 2 different things.

 

An attorney or unrepresented party tendering a document to the Clerk for filing shall certify that service has been made, list the parties served, and specify the date and means of service.

 

You have to show that whatever you sent was properly served to that party.  

 

(E) has to do with WHEN you can file with the court papers that are required to be served...either before or after the papers have been served.

Share this post


Link to post
Share on other sites

Working on my draft for rogs. Is it ok to address these to the affiant by name, or will the lawyer/cach pick someone at random to answer them?

I'm planing on using the ones from http://www.creditinfocenter.com/community/topic/307901-iterrogatories-to-utilize-when-dealing-with-an-oc-or-jdb/?p=1106729 for the majority. Not quite ready to post a draft on here yet, but I'll have highlighted sections that I plan on removing due to them being more based on OC instead of JDB. Gotta deal with a LOT of formatting before I feel comfortable enough to post up the draft.

 

 

 

Rule 33. Interrogatories to Parties

(A)   Availability--Procedures for use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is an organization including a governmental organization, or a partnership, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

Share this post


Link to post
Share on other sites

I would recommend a simple set of request for production of documents instead. I would want to see the evidence rather then just read answers and objections about it. You can see simple set of RFP's in ASTMedic's thread. It's a different state, but still makes a good example, and ask for what you need and will be easy to motion to compel

Share this post


Link to post
Share on other sites

I would recommend a simple set of request for production of documents instead. I would want to see the evidence rather then just read answers and objections about it. You can see simple set of RFP's in ASTMedic's thread. It's a different state, but still makes a good example, and ask for what you need and will be easy to motion to compel

Would you not bother with sending rogs at all then? Indiana is unlimited as far as discovery, until they decide to get a protective order. I reread the quote I posted above and it looks like I can specify the affiant as the target of the rogs, as she labeled herself "Authorized Agent".

 

I have a feeling any discovery I send out will be met with great resistance anyways. Reading the forums here that seems to be the general concensus.

Share this post


Link to post
Share on other sites

I finally received a call back from a clerk at the courthouse (on monday) that could answer my questions. That helped clear up a few things for me.. mainly how much was it going to cost to file any pleadings in this case. Turns out, I don't have to pay anything to file paperwork in Indiana. WOOHOO! :-)

 

When I stopped by to file my appearance and answer, the clerk was quite impressed with them. She suggested that I should be an attorney... hah, yeah right. That did make me feel a lot more comfortable about the situation though.

 

As I asked in my last response, how would one go about targeting interrogatry questions at the affiant? I have my Production of Documents and my Request for Admissions finished, just need to tweak the verbage on the rogs and everything will be ready to go.

REDACTED first interrogs.pdf

REDACTED first production of documents.pdf

REDACTED first request of admissions.pdf

Share this post


Link to post
Share on other sites

Make sure they are on a disc, i believe it's ITR 26, or follow the instructions. Do a hard copy to the court, Indiana requires everything pro se be filed. There copy doesn't need to be stamped, yours and the courts. Atty's don't file discovery with the courts. Send that CMRRR. Or they will lose it. Whenever you go file with the court have your envelope in hand to put there copy in and then go right to the post office and get receipt for your mailings. Then you go home and write on your manila folder (for organizing) what it was.

Your collection letters may come in handy when they come up with their version of Chain of Title. Mums the word. Read TR 9.2 , over and over. You may want to file a motion first to make them come up with an agreement. Then concentrate on MTD affidavit. This will keep you busy for a while. ITR have your affirmative defenses listed. Although reading the forum and concentrating on standing is where you need to end up.

Share this post


Link to post
Share on other sites

Got my discovery package sent out Wednesday morning, and received theirs in the mail today. One problem.. they didn't comply with Indiana Rule 26(A.1)

 

(A.1) Electronic Format. In addition to service under Rule 5(B) or a .pdf format electronic copy, a party propounding or responding to interrogatories, requests for production or requests for admission shall comply with (a) or (B) of this subsection.

(a)    The party shall serve the discovery request or response in an electronic format (either on a disk or as an electronic document attachment) in any commercially available word processing software system. If transmitted on disk, each disk shall be labeled, identifying the caption of the case, the document, and the word processing version in which it is being submitted. If more than one disk is used for the same document, each disk shall be labeled and also shall be sequentially numbered. If transmitted by electronic mail, the document must be accompanied by electronic memorandum providing the forgoing identifying information.

or

(B)    The party shall serve the opposing party with a verified statement that the attorney or party appearing pro se lacks the equipment and is unable to transmit the discovery as required by this rule.

 

 

I'm not about to hand write my answers on here, nor do I feel like typing out their 17 pages worth of discovery.  Do I ask the court to make them comply, or do I just call them up?

Along the same lines, what would their date of service be(for my 30 day limit)? Today, or the day I get a disc in the mail?

Share this post


Link to post
Share on other sites

Call them and ask for it. Tell them you want an extension to respond based on their lack of compliance to that rule.  

  • Like 1

Share this post


Link to post
Share on other sites

Well, I placed a call in and talked to a phone monkey. He said he would forward the information on to a lawyer. They are out of state, but licensed in Indiana.

Good thing I remembered to get my recorder out.. may come in handy later I think.

Share this post


Link to post
Share on other sites

Now here is an interesting question for anybody..

Why would the signature of the lawyer on the complaint *not* match the same lawyers signature on certificate of service on my discovery?

Share this post


Link to post
Share on other sites

Sorry, I wasn't very clear on that last statement. The lawyers signature on the complaint does not match the signature on HIS cert to me in discovery. Not even close.. The dates are written by someone else, but that isn't very concerning to me.

 

On the left in blue ink is his signature on the certificate of service his office sent to me with my discovery package. On the right is the signature on the copy of the complaint that I was served with.

 

 

post-165153-0-15902300-1398016781_thumb.

Share this post


Link to post
Share on other sites

I think you will be better served to learn your states rules of evidence and attack the evidence they produce (thru discover, etc.) rather than the lawyers signature.

Share this post


Link to post
Share on other sites

I think you will be better served to learn your states rules of evidence and attack the evidence they produce (thru discover, etc.) rather than the lawyers signature.

 

Just trying to cover all of my bases on this.

Share this post


Link to post
Share on other sites

I would not want to discourage you from covering all the bases, that's important. Sometimes lawyers will  leave you a smokescreen in an attempt to get you to "fight on safer grounds", rather than attacking the real "issues" of the case.

 

I haven't read this thread in a while; did you send them discovery or get a TRIAL date yet? 

Share this post


Link to post
Share on other sites

I would not want to discourage you from covering all the bases, that's important. Sometimes lawyers will  leave you a smokescreen in an attempt to get you to "fight on safer grounds", rather than attacking the real "issues" of the case.

 

I haven't read this thread in a while; did you send them discovery or get a TRIAL date yet? 

 

I sent my discovery to them CMRRR on the 16th. They signed for it on the 18th. Received theirs earlier this week. No trial has been set yet.

I'm still waiting on a call back from them regarding compliance with TR 26(A.1). They didn't send a copy of their discovery to me in an electronic format, nor did they state that they lack the equipment to do so.

 

I'm in the process of working through their discovery package now. My internet went out for a few days and slowed me down a lot.

Share this post


Link to post
Share on other sites

Ran into a snag in discovery now.. They used the term "setoff" in admissions, and further on in rogs and POD. Below are the relevant questions. After looking up what "setoff" means it looks like they are trying to get ahead of the game by countering any possible counterclaims I may have down the road. Or, I could be reading things wrong..

 

 

Request for Admission No. 24:

Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant.

Interrogatory No. 12:

If you have refused to admit Request for Admission No. 25 state the facts on which you base your refusal to admit.

Request for Production No. 9:

If you have refused to admit Request for Admission No. 24 produce true copies of all documents on w hcih you base any assertion of a setoff.

 

I've not seen questions like these anywhere in the discovery I've seen on here. Anybody have any ideas?

Share this post


Link to post
Share on other sites

The last 2 are very common. You could be correct with your assumption on the first one.

 

Also; the first one calls for a legal conclusion. Whether you admit or deny it; you are then admitting that you have made payments, which would then entail an admission of the account.

  • Like 1

Share this post


Link to post
Share on other sites

@Anon Amos

So how does this look, then?

 

Request for Admission No. 24:

Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant.

     Objection. This discovery request as phrased is argumentative. It requires the admission of matter Defendant has denied, which is improper. Without waiving objection, Defendate states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this requests, therefore denies.

Interrogatory No. 12:

If you have refused to admit Request for Admission No. 25 state the facts on which you base your refusal to admit.

Objection. This discovery request has, in substance, been previously propounded. (See Request for Admission No. 24) Without waiving objection, the Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny Request for Admission No. 24, therefore denies.

Request for Production No. 9:

If you have refused to admit Request for Admission No. 24 produce true copies of all documents on which you base any assertion of a setoff.

Objection. This discovery request has, in substance, been previously propounded. (See Request for Admission No. 24) Without waiving objection, the Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny Request for Admission No. 24, therefore denies.

 

I'm not sure if I feel comfortable having that many objections, but honestly I'm not quite sure what they are looking for for a "setoff".

Share this post


Link to post
Share on other sites

@bluewraith

 

#24 is not argumentative.  If you denied making payments on the account, I might object to the fact that Defendant has not admitted to making payments or that payments have been made on your behalf.  Then follow with "without waiving objection...".

 

 

 

Sorry, I wasn't very clear on that last statement. The lawyers signature on the complaint does not match the signature on HIS cert to me in discovery. Not even close.. The dates are written by someone else, but that isn't very concerning to me.

 

On the left in blue ink is his signature on the certificate of service his office sent to me with my discovery package. On the right is the signature on the copy of the complaint that I was served with.

 

 

Just an observation:  The first signature appears to be that of James Llloyd.  The 2nd could be that of Greg Taylor.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.