Sued by Midland Funding in New York State

jeanmar · July 9, 2014

I filed an answer to a Summons and denied everything...I'm not really sure what

to do at this point....they sent me a NOTICE TO ADMIT TRUTH OF FACTS (13 questions),

a NOTICE TO PRODUCE(14 questions) and INTERROGATORIES (43 QUESTIONS).

They are giving me 20 days to respond.....I have until July 17 to get the answers in the

mail to them.

They stated I opened an account with GE Capital Retail Bank in 2010 and owe $1,523.49.

When I first received Summons, I had absolutely no recollection of this whatsoever....on the

paperwork they just sent, a reference to GE Capital Retail Bank/Old Navy Visa...I did have

an Old Navy Card before I was married 3 years ago but don't have the card anymore and

didn't think I owed anything on it....not even sure if it's the same one Midland is referring to.

I searched everywhere looking for any old paperwork I may have, to no avail.

Can anyone guide me on how I should respond? I'm a nervous wreck at this point. I've

looked all through this forum and located very helpful information but I'm not certain it

applies to New York State.

How can I be certain that the GE Capital Bank card was the one from Old Navy? And if

they are one and the same and I can't locate any info how do I dispute the amount they

say I owe?

One of the questions state, "Did Defendant apply for a credit card account with Plaintiff's

predecessor-in-interest, GE Capital Retail Bank in writing, by telephone or via the internet?

Should I just deny everything?

I read somewhere that by law they can only ask 25 questions in Discovery....they sent me

a total of 70...if that law is valid in New York State do I have to answer this or is there something

I can submit to object to the amount of questions?

Thank you in advance for any information and assistance you can provide for me.

Jean

Clydesmom · July 9, 2014

One of the questions state, "Did Defendant apply for a credit card account with Plaintiff's predecessor-in-interest, GE Capital Retail Bank in writing, by telephone or via the internet?
Should I just deny everything?

If you can make copies of their questions making sure to blacken out your personal information and anything that identifies your case specifically (i.e. the case number etc.) we can help you answer them. Do not just blanket deny everything because often they use very tricky wording that seems like you should deny but actually ends up having you admit to something.

Also do NOT answer with the same cut and paste answer to every question. You will piss off the court and damage your credibility.

I read somewhere that by law they can only ask 25 questions in Discovery....they sent me a total of 70...if that law is valid in New York State do I have to answer this or is there something I can submit to object to the amount of questions?

Find the rule of civil procedure that states this for NY. This is true in many states. (some limit is to as few as five) If they have indeed exceeded the number they can ask we can help you craft an answer that refuses on the grounds it violates RCP xxxxxxxx and Plaintiff has exceeded the maximum number of allowed interrogatories.

jeanmar · July 9, 2014

Thank you so much for your response! I can certainly make the copies....if I were to type it all it

would probably take me until morning....I'm quite slow....

Where would I send the copies to?

Thank you again.

Clydesmom · July 10, 2014

Thank you so much for your response! I can certainly make the copies....if I were to type it all it
would probably take me until morning....I'm quite slow....
Where would I send the copies to?
Thank you again.

If you have a scanner, you upload them here to a post in this thread. No need to send them anywhere. Then we can read them and help form the answers.

jeanmar · July 10, 2014

Thanks again Clydesmom....I have access to a scanner here at work....will

figure out how to upload and post the info soon.

Can't thank you enough for your help.

Jean

jeanmar · July 10, 2014

Attached are the interrogatories. Any help answering these would be greatly appreciated!

SKMBT_22314071009200.pdf

Clydesmom · July 10, 2014

Good grief they went over board on that one. I can't go through it now at work but will tonight. Find that statute for me that says they are limited in the number they can ask.

BV80 · July 10, 2014

@jeanmar

It would help us if you'd first copy and answer the questions in the following link:

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

jeanmar · July 10, 2014

I'm at work as well, but searched my entire lunch hour for that 25 question limit I saw the other day...I have

no idea where I saw it now...been to dozens of web sites until I found this great one....I do have a New York

Civil Practice Laws and Rules at my disposal but no mention of a 25 question limit under the interrogatories

section....

I'm going to go ahead and upload the notice to produce and admission of facts....I'm so very grateful that you

are helping me with this. I'll keep searching for the 25 question limit I happened upon. I did it while at work and

deleted my history before leaving....I will do my best to locate.

Many thanks.

jeanmar · July 10, 2014

@jeanmar

It would help us if you'd first copy and answer the questions in the following link:

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

I just noticed this reply....I will reply as soon as I'm off work.

Thanks

jeanmar · July 10, 2014

I just posted all the answers to the questionairre but they don't seem to be here....will do over

jeanmar · July 10, 2014

Looked for my post but couldn't locate....here are the answers to the questions I was requested to answer.

I can't get it to copy and paste this time for some reason.

1.) The Plaintiff is Midland Funding LLC

2.) Cohen & Slamowitz is the law firm.

3.) The amount being sued for is between $1500.00 and $2000.00

4.) GE Capital Retail Bank

5.) I was personally served a summons...legal service in NYS.

6.).No correspondence at all.

7.) Steuben County, New York

8.) I have no idea what account they are talking about....I recently found out that GE Capital Bank has a retail

card for a store I shop at....I used to have a credit card for that store but no recollection if it was that...we paid

off credit cards, etc before we were married 3 yrs ago...I took the store card out in 2009 or 2010 if that's the

one they are referring to but really think it was paid in full...I did try and contact the store but they had no in-

formation for me....no record of a card with them.

6.) No clue about SOL but couldn't be if it's the one from 2009 or 2010.

7.) Status of my case....I received a summons in my maiden name....answered it in my current name...denied just

about everything for lack of information....did admit where I lived....currently received interrogatories, notice to

produce and notice to admit truth of facts in one mailing.

8.) Haven't disputed the debt with credit buteaus...don't know if its even listed...haven't disputed because I didn't

know anything until I received summons....didn't request debt validation before suit filed because this totally

came out of the blue.

9.) They had no exhibits, affidavits, or anything....the summons stated defendant failed to pay debt although demand for

payment was made....stated original creditor sold the account to them in 2013 and they are now the owner. There was

absolutely no info at all....I did request an affirmative defense along with my answer and requested any account statements

or receipts or contracts, etc....then judgment to dismiss the case etc etc,

debtzapper · July 12, 2014

Read this thread and look at the links. The OP was from NY.

It doesn't seem that Midland has much of a case against you.

ttp://www.creditinfocenter.com/community/topic/324049-being-sued-by-portfolio-recovery-associates-long-island-ny/

jeanmar · July 15, 2014

Thank you, debtzapper....I'm from a small town in upsate NY....NYC and surrounding areas have totally

different laws....I'm still looking through it all, though.

I've read that Cohen & Slamowitz are ruthless....I've got to reply by 7-17....totally lost...they'll probably

get a judgment and garnish me for something I don't even have info on.

shellieh98 · July 15, 2014

I started to type out the questions, but to save time, I just helped answer further down the line. The answers reflect they didn't send you any statements.

Did defendant apply for a credit card account with Plaintiffs predecessor.docx

jeanmar · July 15, 2014

Oh my gosh, shellieh98 you are an angel...thank you so very much...I can breathe again....I've been

so scared and stressed out about all this....thank you for taking time out of your day to assist me with

this....I appreciate it so much.

I've also received a notice to produce...they have 17 total documents(emails faxes, etc) they want me to produce re

any communication I've had with GE Capital Retail Bank....I don't have anything like that....they've also asked

me for a copy of my driver's license and a copy of a household bill addressed to me....Should I provide those 2 items, in your opinion, or not?

Thanks again so very much

shellieh98 · July 16, 2014

They have no limit on doc requests. For things like contracts, billing statements, communications with GE, I would answer

"After a reasonable inquiry and diligent search defendant has no documents relating to xxxxxxx. Any documents if they exist should be available to plaintiff from plaintiff's own records. If (name of document they are requesting) does exist, It is out of the custody and control of the defendant. If any documents become available defendant will supplement his answer.

For any addresses not counting your current address answer "objection. On the grounds it is personal, priviate, Not likely to lead to any admissible evidence. Without foregoing objection defendant states he lives at xxxxxxxx and has for xx years.

For drivers licence, bills from another company " objection on the grounds that it is personal, priviate and confidential, not likely to lead to any discoverable evidence. Without waiving forgoing objection, defendant lives at xxxx.

For any banking info "objection on the grounds it is personal, priviate and confidential, not likely to lead to any discoverable evidence. Plaintiff is requesting information as though they have obtained a judgement, where none exists.

jeanmar · July 16, 2014

Thank you again....I appreciate all the help....I'll be able to get it all fedexed tomorrow so I'm

within the 20 days they gave me.

If I may ask you one more question....do I need to file all this paperwork with the court? And if

it's not mandatory, is it advisable to do it anyway so th there's a record of my response?

Thanks for any input.

shellieh98 · July 16, 2014

no keep a copy, you do not file discovery with the court. You could file a proof of service with the court, some courts say you need to do that, I don't know if your court is one of them. Mine is not.