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Midland and Me in MN


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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Midlands in house attorney.

3. How much are you being sued for? $1065.

4. Who is the original creditor? (if not the Plaintiff) GEMB

5. How do you know you are being sued? (You were served, right?) Yes

6. How were you served? (Mail, In person, Notice on door) In person.

7. Was the service legal as required by your state?
The guy was illegally trespassing other than that, yes.

Process Service Requirements by State - Summons Complaint

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? Minnesota

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

11. What is the SOL on the debt? To find out:
6 years.

 
Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Not filed. MN pocket docket.

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
No
 
15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
I answered complaint, sent discovery and they sent Discovery Conference Report.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
 
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Final statement from OC and Bill Of Sale.
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I received from Plaintiff (MCM) their Discovery Conference Report.
Meet and confer and discovery reports were not done in my other cases
so this is my first one. I have already sent them discovery, I sent it with my
answer to the complaint. Will I need to resend it after sending my report?
 
It is account stated.

From reading here I know I need to write my own, I’m just not sure how

to word it.
In particular these three items:
 
1. Concise factual summary of Defendant’s defenses?
(Lack of standing is my main defense.)
 
2. The subjects on which discovery may be needed?
 
3. This one is about claims of privilege, this is what MCM wrote.
Plaintiff asserts a claim of a trade secret privilege to the
purchase and sale agreement and the full list of accounts that
Plaintiff purchased from its assignor. Plaintiff further asserts a claim
of trade secret privilege to its internal file notes, training materials and
manuals of its collection practices.
 
I can’t agree to that and have a lack of standing defense without some of those items.
All they’ve sent me for disclosures is a final statement from the OC and
a Bill Of Sale.
 
Thanks much.
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You may need to compel discovery in the matter of the contract. There's a reason why they don't want you to have it.

 

They tend to say damaging things like, "we can't verify that ANY of the information that we give you is accurate", meaning that, even if you get a robo-signed affidavit from some yahoo at GEMB, the affidavit can't be believed.

 

I never made it to the discovery conference; I was working on a MTC JAMS, so can't help you there. I'd look at some of the CA threads; discovery conferences are common in that state.

 

What state is GEMB domiciled in? MN DOES have a borrowing statute, so, if it's five years or less, you could use SOL as an absolute affirmative defense, and countersue for filing suit after the running of the SOL.

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Thank you, Wins the Battle.

 

GEMB is governed by the state of Utah, their SOL is 6 years.

 

We aren’t having a discovery conference that I know of, unless

it’s by phone or email maybe. Right now I’m just supposed to

respond to the discovery plan.

I’ve never written one.

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I just noticed on the Bill Of Sale, MCM sent me, that GE Money Bank

was a Delaware corporation. It actually says it twice.

 

I was going by the single credit card agreement I found online that

said GE Money Bank was governed by the state of Utah.

 

Does anyone know?

 

I'm getting down to to the wire on my response.

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GEMB is Utah, so 6 years for SOL.

 

 

Here is the discovery plan from them that I'm working on.

I'm having trouble wording things so I don't sound stupid..

 

 

 

                                                                                                                 Consumer Credit Contract

                                                                                                           State Of Minnesota District Court

                                                                                                                   County Of St. Louis

                                                                                                                  Sixth Judicial Branch     

Midland Funding, LLC as successor in                                                   RULE 26.06 DISCOVERY

interest to GE Money Bank                                                                     CONFERENCE REPORT

Plaintiff

vs.                                                                                                                      Court File No.

Me                                                                                                                          (None)

Defendant

 

 

RULE 26.06 DISCOVERY CONFERENCE REPORT

The parties/counsel identified below participated in the meeting required by Minn.R.Civ.P.26.06, on
and prepared the following report.

 

(a) DESCRIPTION OF CASE:

 

1 Concise Factual Summary of Plaintiff's Claims:

 

Prior to the commencement of this action, all rights, title and interest to Defendant's account with the original creditor, GE MONEY BANK, (the "Account"), was sold, assigned, and/or transferred to Plaintiff on or about November 24, 2010. Plaintiff now owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if Plaintiff were the original creditor. Based upon the records provided to Plaintiff by its assignor, the last payment made on the account was June 01, 2009. On January 07, 2010, GE MONEY BANK charged off the account, which showed a balanced owed of $1,063.53. That although duly demanded, there is due and owing to Plaintiff the sum due of $1,063.53, plus collection costs of $0.00, less credits and adjustments of $0.00.

 

2. Concise Factual Summary of Defendant's claims/defenses:

 

 

( B) DISCOVERY PLAN:

 

1 . What changes should be made in the timing, form or requirement for disclosure under Rule 26.01 :

a. Plaintiffs Rule 26.01 initial disclosures were served on: 

     7/17/14

         

b. Defendant's Rule 26.01 initial disclosures were served on:

 

2. The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues:

 

a. Plaintiff:

 

-Plaintiff will conduct discovery on the Defendant's opening of the account, use of the account and default. Plaintiff will seek discovery into the Defendant's receipt of the billing statements and any dispute made to the billing statements.

 

b. Defendant:

 

3. Any issues about disclosure or discovery of electronically stored information, including the form or
forms in which it should be produced:

 

a. Plaintiff:
 

-No issues

 

b. Defendant:

 

4. Any issues about claims of privilege or of protection as trial-preparation materials, including -if the
parties agree on a procedure to assert these clams after production -whether to ask the court to include their agreement in an order:

 

a. Plaintiff:

 

-Plaintiff asserts a claim of a trade secret privilege to the purchase and sale agreement and the full list of accounts that Plaintiff purchased from its assignor. Plaintiff further asserts a claim of trade secret privilege to its internal file notes, training materials and manuals of its collection practices.

 

b. Defendant:

 

5. What changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed:

 

a. Plaintiff:
-None

 

b. Defendant:

 

6. Any other order that the court should issue under Rule 26.03 or under Rule 16.02 and .03.

 

a. Plaintiff:
-None

 

b. Defendant:

 

© DISCOVERY SCHEDULE/DEADLINE:

 

1. The parties recommend that the Court establish the following discovery deadlines:

 

(A) February 02. 2015 . deadline for completion of discovery, including service and response to interrogatories, documents requests, requests for admission and scheduling of factual depositions.

 

 

(d) SETTLEMENT;

 

The parties will discuss settlement before July 21,2014.

 

At this time the parties do not agree to a settlement conference.

 

The parties have discussed whether alternative dispute resolution (ADR) will be helpful to the
resolution of this case and recommend the following to the Court:

 

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you need to concentrate on the following:

plaintiffs lack of foundational knowledge

witnesses attempt to make more accurate statements which the oc did not make to them

lack of proof the account is a result of authorized transactions

you are in my opinion trying to knock it out of the park but the court will rule that it is within sol. You need to discredit everything about the ALLEGED account.

SOL is a red herring in my opinion in this case.

read astmedics and homeless in californias threads about tearing apart the elements of plaintiffs case.

  • Like 1
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Can someone take a look at this and see if it looks alright.

I tried my best.

Formatting got screwed up, I tried to fix it.

The original is above. Thank you!

 

RULE 26.06 DISCOVERY CONFERENCE REPORT

The parties/counsel identified below participated in the meeting required by Minn.R.Civ.P.26.06, on

and prepared the following report.

 

(a) DESCRIPTION OF CASE:

 

1 Concise Factual Summary of Plaintiff's Claims:

 

Prior to the commencement of this action, all rights, title and interest to Defendant's account with the original creditor, GE MONEY BANK, (the "Account"), was sold, assigned, and/or transferred to Plaintiff on or about November 24, 2010. Plaintiff now owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if Plaintiff were the original creditor. Based upon the records provided to Plaintiff by its assignor, the last payment made on the account was June 01, 2009. On January 07, 2010, GE MONEY BANK charged off the account, which showed a balanced owed of $1,063.53. That although duly demanded, there is due and owing to Plaintiff the sum due of $1,063.53, plus collection costs of $0.00, less credits and adjustments of $0.00.

 

2. Concise Factual Summary of Defendant's claims/defenses:

 

- Plaintiff can not prove Account Stated.

- Plaintiff lacks standing and has no legal claim to the alleged account.

- Plaintiffs lack of accuracy in record keeping.

 

( B) DISCOVERY PLAN:

 

1 . What changes should be made in the timing, form or requirement for disclosure under Rule 26.01 :

 

a. Plaintiffs Rule 26.01 initial disclosures were served on:

- July 17, 2014 

 

           b. Defendant's Rule 26.01 initial disclosures were served on:

           - June 26, 2014 and July 28,2014

 

2. The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues:

 

a. Plaintiff:

 

-Plaintiff will conduct discovery on the Defendant's opening of the account, use of the account and default. Plaintiff will seek discovery into the Defendant's receipt of the billing statements and any dispute made to the billing statements.

 

b. Defendant:

          

Defendant will conduct discovery on:

           - Plaintiffs claim of account stated.

           - Plaintiffs assertions of owning the alleged account and standing in the place of GE  

Money Bank.

           - Plaintiffs accuracy of records

 

3. Any issues about disclosure or discovery of electronically stored information, including the form or
forms in which it should be produced:

 

a. Plaintiff:
-No issues

          

b. Defendant:

           - No issues

 

4. Any issues about claims of privilege or of protection as trial-preparation materials, including if the
parties agree on a procedure to assert these clams after production -whether to ask the court to include their agreement in an order:

 

a. Plaintiff:

-Plaintiff asserts a claim of a trade secret privilege to the purchase and sale agreement and the full list of accounts that Plaintiff purchased from its assignor. Plaintiff further asserts a claim of trade secret privilege to its internal file notes, training materials and manuals of its collection practices except for those pertaining to quality control and accuracy of records.

 

           b. Defendant:

              - No issues

 

5. What changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed:

 

a. Plaintiff:
  -None

         

b. Defendant:

           - None

 

6. Any other order that the court should issue under Rule 26.03 or under Rule 16.02 and .03.

 

a. Plaintiff:
-None

          

b. Defendant:

           - None

 

© DISCOVERY SCHEDULE/DEADLINE:

 

1. The parties recommend that the Court establish the following discovery deadlines:

 

(A) February 02. 2015 . deadline for completion of discovery, including service and response to interrogatories, documents requests, requests for admission and scheduling of factual depositions.

 

a. All discovery requests will be sent to the other party by August 20, 2014.

b. All responses to discovery requests will be sent by September 22, 2014.

 

(d) SETTLEMENT;

 

The parties will discuss settlement before July 21,2014.

At this time the parties do not agree to a settlement conference.

 

The parties have not discussed whether alternative dispute resolution (ADR) will be helpful to the
resolution of this case and recommend the following to the Court:

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  • 2 weeks later...
I'll try to fight this as much as I can for now.

 

I was taken by surprise with this one. They filed with the court shortly

after serving me. First time I ever had a case I was fighting actually get

filed.

 

I’ll briefly brake down events. I’m in MN. Plaintiff is MCM, OC is GEMB.

Account Stated.

 

Served summons and complaint June 16, 2014.

 

Answered and sent discovery June 27, 2014.

 

Received Meet and Confer and Discovery Conference Report July 19, 2014.

(I did not know part of MN law changes requires this BEFORE discovery)

 

I made some revisions to their report, gave them my email address for contact

and mailed it on July 28, 2014.

(Revisions were mostly dates, the biggest one was they wanted to claim trade secret privilege

to the purchase and sales agreement and list of accounts purchased from assignor. Also

to internal file notes, training materials and manuals of its collection practices.)

 

Received Civil Cover Sheet, copies of summons and complaint, affidavit of service, BOS, and

copy of final statement from GEMB on August 1, 2014.

 

Checked court calendar, case was filed August 4, 2014.

 

Scheduling hearing set for September 24, 2014.

 

Since they did not include my answer with their filings I’ve gotten that ready with copy’s of

the CMRR, a revised copy of the Discovery Conference Report, (I gave in on their dates but

not the privileged stuff), and I’m working on my own Civil Cover Sheet.

I have to get these in the mail the day after tomorrow, monday morning.

 

On their Civil Cover Sheet they stated they intended on filing a dispositive motion, an MSJ?

 

What I need help with right now is a cleverly written “Concise statement of the case and

legal basis”.

Everything I try to write sounds lame. I know my best defense here is lack of standing.

 

Thanks guys.

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How does this sound for my concise statement of the case and legal basis?

 

Plaintiff commenced this action to recover on an alleged credit card debt which Defendant
denies in its entirety. Plaintiffs Bill Of Sale from GE Money Bank bears no connection to me
the Defendant nor the alleged account. Furthermore in Plaintiffs Conference Report Plaintiff
asserts a claim of trade secret privilege to the purchase and sale agreement and the full list
of accounts that Plaintiff allegedly purchased from GE Money Bank, which precludes them
from proving their true and legal right to bring legal action. Plaintiff can not show a valid and
complete chain of assignment of the alleged account from the original creditor to them.
Plaintiff seeks a rush to judgment without proving the the allegations in their complaint.
Plaintiffs case is without merit.
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It would be more persuasive if you included some case law in there.  What are the original allegations?  Breach of contract? account stated?  I would look up rulings in appelant courts on those subjects, and you should find what it takes to win on those merits.  Then you can list what they don't have, and back it up with case law.

Also consider filing a motion to compel for the purchase agreement and anthing else they didn't send you.

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Thank you, shellieh98

 

It’s account stated.

 

The Civil Cover Sheet is a court form to fill out with not much room,

I’m not sure if what I wrote will fit. I don’t think we’re supposed to include

case law on it but I could be wrong. The plaintiff didn’t.

 

We haven’t done discovery yet but I am looking up case law.

 

Do you think what I wrote looks o.k.?

 

Also do you think a dispositive motion means a MSJ?

 

Thanks again, I truly appreciate your help.

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I got everything in the mail to the court and MCM lawyer just in time

before the post office out here closed.

 

I had so much trouble with my printer I didn’t have time to call the

court to find out about fees. I couldn't figure it out the amount online

so I sent $75.00. I have no idea if that was right. I can’t afford to

spend anymore right now.

 

We have the balloon payment on our mortgage coming up which is why

I think the vermin are coming out of the woodwork. They see from credit

reports we have to refinance soon and need decent credit.

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I looked into the fee waiver and don’t qualify.

Your household income before taxes has to be 125% below

the federal poverty level. MN doesn’t have any kind of reduced

fee plan.

 

From what I’ve been reading it looks like both parties have to pay

the filing fee, the same amount. Midland paid theirs but I can’t.

 

They are filing a MSJ and I can’t even submit my answer.

Midland certainly didn’t submit it with their complaint, they didn’t

even tell the court that I answered.

 

I didn’t know it would be like this. It doesn’t seem fair.

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Oh, and I called the court house and asked if I could still file motions

and such and the woman got really mad and said without the filing fee

the defense has no case on file and from now on ask my lawyer these questions.

 

So the plaintiff has a case against me but I have no case to defend unless I pay

for my case. It’s like two separate cases, the plaintiff’s and the defense’s.

I’m having a hard time wrapping my head around this.

 

They knew I couldn’t afford all this especially for a lousy $1,000 debt.

They could have filed in small claims and I would have only had to paid

$75.

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You may qualify to file for a waiver if your income is at or below 125% of the Federal poverty level; if you receive public assistance; OR if you can show that you do not have enough money to pay the filing fee. The judge can waive all or part of the court fees in a case, and the waiver only applies to costs specifically stated in the IFP Order. NOTE: Getting a fee waiver does not mean you will never have to pay any costs or a judgment in the case.

It says or you can show you don't have enough to pay. So if you take your income and minus your outgoing, you could show what your disposable income is.

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