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Super_Dad

Need to respond to discovery plan, Initial disclosures

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Hello all, I am trying to soak up all the info I can, but I am getting information overload, thought maybe you all could point me in the right direction. 

 

First:

 

1. Who is the named plaintiff in the suit? Midland

2. What is the name of the law firm handling the suit?.

3. How much are you being sued for? 6k

4. Who is the original creditor? Chase

5. How do you know you are being sued?  served

6. How were you served? , In person

7. Was the service legal as required by your state? yes


8. What was your correspondence (if any) with the people suing you before you think you were being sued? none

9. What state and county do you live in? mn

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010

11. What is the SOL on the debt? 6 year

12. What is the status of your case?  currently pocket service, sent my answer registered mail. now received request to confer on discovery and initial disclosures

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)no

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? 5 days

 

Here is the letter I received:

 

This letter is written in compliance with the MN Rules of Civil Procedure, Rule 26.06 and the Man Rules of General Practice for the District Courts, Rule 115.10. As such this letter is written in an effort to confer on a discovery plan and also to discuss settlement.....

1) Contact our firm within the next 14 days to works out a discovery plan. An attorney can be reached by calling 763-xxx-xxxx.

2). Send us a letter within the next 14 days listing your contact information. An attorney will then attempt to reach you to discuss a discovery plan.

3). If you do not wish to collaborate on a discovery plan, attached is a proposed plan we have formulated after reviewing the file. If acceptable please sign and return to our office. If we do not hear from you within 14 days we will assume the attached plan is acceptable and will present it to he Court when, and if, the case is filed.

Settlement offer of

The document for my signature lists pursuant to Rule 26.06 ©.....

1) Plaintiff provided its 26.01 (a) Required Disclosures (with this packet). Plaintiff proposes Defendant provide her 26.01 (a) Required Disclosures as soon as possible.

2). Discovery will be need on any denial, dispute, or defense claimed or asserted by Defendant. Discovery should not be conducted in phases, but should be limited to the issues raised in Plaintiff's Complaint and Defendants Answer.

3). Any of Plaintiffs electronically stored information can be reproduced in hardcopy format.

4) Parties may claim privilege of or protection of trail preparation materials at the time of production. If a party disagrees with a designation, the disagreeing party must object to the designation within 14 days of receiving the document. If the parties are unable to resolve a designation dispute, the parties may petition the court for a determination.

 

Also included is their Required Initial Disclosures rule 26.01a, which aren't much.  They did include billing statements from zero to default

 

I found this http://www.creditinf...n/#entry1267697

 

which is nearly matching my documents thus far..  I was served and I have 60 days from the due date of my answer to providemy initial disclosures, how should I proceed?
 

 

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Do you have a copy of the Chase credit card contract? It would have been sent to you at some point. Note two things.

 

1) Chase is domiciled in DE, and somewhere in that contract, it states that (paraphrasing) "We are in DE. We don't care where you are. The laws that govern this contract are the laws of DE. MN allows for BORROWING statutes when its citizens make contracts with companies that are located in other states. In your case, that's good. 

 

Because here's the second thing: DE has a THREE YEAR SOL for debt. So, as an affirmative defense, you can choose to cite the fact that the debt is time barred from suit by DE law.

 

A few other things you may want to do:

 

Go to the MN Attorney General's website. Lori Swanson has a full page on the sanctions she's put into place against Midland. They had their own little robo-signing factory, right in our beautiful state.

 

Google "Chase credit card robo-sign." Chase has been caught, in several states, with robo-signing affidavits that claim to have reviewed the records of their credit card accounts. Midland may or may not have an affidavit for you--but if they do, you can assume that it was robo-signed.

 

I'd look over the Rules of Civil Procedures, (RCPs), too, and get a handle on the new discovery requirements. They've changed a lot in the past few months.

 

Best of luck! I'm still hanging out, waiting for a judge in St Paul to rule on my Motion to Compel Private Arbitration vs CACH's Motion for Summary Judgment.

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Thanks for the response, I did not include the SOL for a defense in my answer... but I did include the fact that I can add other defenses, although not sure how to do that. I have read the civil procedure rules and really now I need to see more examples.  Maybe you can tell me how to get my eyes on some actual cases from MN of JDB's with the filed motions, etc. I have tried the online law libraries and only seem to get appeals and supreme court opinions..

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Have you already filed your answer with the court?

 

If so, you can request for leave to file an amended answer, and use DE SOL as your primary defense.

 

There are not a lot of MN cases with JDBs. The attorneys are very good at settling rather that setting precedent. 

 

But, if you can get a PACER account in time for your trial, you can search there.

 

Justia and other sites tend not to have a lot for MN, and there are not a lot of us here on this site.

 

I would definitely get myself familiar with the violations that Midland has racked up against MN law, as noted by the AG. Try google scholar; you may find some things ("Midland Minnesota" or Name of Attorney Midland")

 

The DC attorney for CACH was reduced to arguing two employment cases from the 1950's and 1980's, in order to fight my MTC. Time will tell if he was successful.

 

Does your attorney group have initials gee cee?

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My case is currently a pocket docket, I sent an answer to their complaint (firm is  m+k) and received a request to confer as well as initial disclosures and a discovery plan on the 30th day after my answer was due, trying to press me on time limits I guess.   I am looking at the initial disclosures, and here is what the JDBs atty sent( copied almost directly from the mn civil rules)

 

26.01Required Disclosures

 Initial Disclosures.

 

(Disclosure A) the name and, if known, the address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

 

 Response

 

1. Plaintiff

2.defendant

3.Plaintiffs predessecors in interest (chase)

4. defendents financial institutions

5. various merchants

 

(Disclosure B a copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;

 

Response All documents, electronically stored info, tangible things in possession of plaintiff that are discoverable, including billing statements, electronic data, bills of sale

 

(Disclosure C) a computation of each category of damages claimed by the disclosing party - who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered;

 

Response a computation of each category of damages alleged by plaintiff, account balance of $x.xx, accrued interest of $xx, all documents or other evidentiary material are attached hereto: ( billing statements  to default)

(Disclosure C) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.

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So  for my disclosures I don't have much to say it appears,

 

A) me, plaintiff, chase, my bank

B) I have no documents

C) looks like I leave this blank

D)

 

I am looking at their supplied documents (billing statements) which they claim are all the discoverable info, I have not  received a contract, bill of sale from chase to midland or anything even suggesting they have a claim...How do I use that to my benefit?

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If you feel that there has been any violations of laws protecting consumers, you could certainly use that.

 

3) would be the place to argue DE law and SOL for the alleged debt. 

 

Note that you don't have to claim the debt. You just have to state that, based on THEIR claim that the debt is from xx/yy/2010, and DE law, they are in violation of the law that bars suits after the running of the SOL.

 

Has the attorney firm been acting as a debt collector for the JDB? IOW, did they send dunning letters or call you?

 

MN law doesn't require attorneys to have debt collection licenses. But it does require attorneys who collect debts in this state to register in order to be granted the exemption from needing the license. Basically, the state wants to know who is collecting debt here, with or without a license. 

 

You can check with the licensing people at the state to see if they've complied with that rule.

 

I would state something like, "Based on the lack of documentation received to date from the plaintiff, Defendant leaves this section open until the exchange of discovery documents."

 

You want to limit the number of things you ask for in discovery, but make each one broad enough to encompass a lot. That way, when (not if) they object to your discovery requests, you don't have 50 things to motion the court to compel them to provide, with a different motion for each item.

 

Example: All documentation, whether written, recorded, verbal or electronic, regarding this account, from inception.

 

The full contract, including addenda and spreadsheets for the alleged sale of this account.

 

Look around on the site. I have not, to date, engaged in discovery, as in both my cases I chose to motion the court to compel arbitration. And, of course, have not actually gotten there. (Code words Discovery. Admissions. Interrogatories. RFA RFP ROG)

 

Discovery is an art that I haven't even begun to perfect, although I understand the principles. Admissions are also an art.

AND when you get your giant packet of meaningless crud from the plaintiff, along with the RFAs, RFPs and ROGs, even if you do nothing else, be sure to answer the RFAs: failing to answer is deemed to admission.

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Thanks for taking time to respond Wins the Battle, I used the google scholar search, that was actually helpful. Just realized I totally missed a document they included, the bill of sale from chase, which lists the sale of my account, and is signed by someone from chase..

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Can anyone tell me if I need to comply with the initial disclosures they stated, specifically "Defendents financial institutions"?  That is vague and could be a huge list

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You just said the answer yourself. How you word is legally is:

"Objection - This request is vague and overly burdomsome."

 

What will happen is that the plaintiff will probably be forced to limit the scope of the request (such as financial institutions when you had the account open).

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You don't want just the BOS--you want the CONTRACT.

 

I know this will be shocking to you, but Midland, and other JDBs write out BOS's with the names of the people they are trying to collect from, and then have someone--could be an employee of the OC, could be not, could be an employee of the OC responsible for knowing whether or not the information they are attesting to is valid, could be not--sign them by the ream.

 

They also get robo-signed affidavits, attesting to the validity of the debt they've assigned to the JDB--again, signed, in a single sitting, by the ream.

 

NOTHING that a JDB uses as evidence is necessarily valid, and most likely, is not.

 

That's why you need to insist that they provide the things that they guard jealously, because those are the things that will show that they, and their DC attorney lackeys, are liars.

 

Check Texasrockr's thread "Happy Day." He has a list of admissions he insisted on, for his trial. Which, BTW, he won.

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Is there anything else I should be requesting in my initial disclosure?  Wins the battle said a contract, should I ask specifically for the information of the 2 parties that signed the B.O.S.?, or is that later in discovery?  Also what would my format look like, I posted theirs above, do I respond to their requests along with my own?

 

for example:  Plaintiffs:

 

(Disclosure A) the name and, if known, the address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

 

 Response

 

1. Plaintiff

2.defendant

3.Plaintiffs predessecors in interest (chase)

4. defendents financial institutions

5. various merchants

 

Should I use their same numberings and add to it my own ?

 

(Disclosure A) the name and, if known, the address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;

 

 Response

 

1. Plaintiff

2.defendant

3.Plaintiffs predessecors in interest (chase)

4. defendents financial institutions -Objection - This request is vague and overly burdensome

5. various merchants - Objection - This request is vague and overly burdensome

6. John Doe man from chase

7.Joe Blow employee of midland

 

 

Thanks again for the help, just getting feedback is encouraging.

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