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Need help being Sued by Midland Funding in NY


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I found a judgment on my report from about 2 years ago. I went to court and got the judgement vacated. The plantiff was given a notice of discovery from the judge and we were given another court date. About 2 days before my date I got a notice to admit truth of fact, notice to produce and interrogatories. I need some help with these please.

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Thank you Here are the answer


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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Cohen & Slamowiz

3. How much are you being sued for?

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


5. How do you know you are being sued? (You were served, right?)
I saw a judgement on my credit report.

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

It was sent to an address i have not lived at for about 15 years

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

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?

9. What state and county do you live in?
Queens NY

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

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

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).
I went to court and got the judgment vacated

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

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.

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
I got interrogatory, notice to admittruth of fact,and Notice to produce

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.
Statements but not all

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The judge gave them an order for discovery for


a copy of the signed  contract application or card member agreement giving rise to the debt


Any and aa billing statment for sued upon account


Any and all documentation proving validation of the debt


2 day befre my court date 9/17 I got notice to admit truth of fact, interrogatories and notice to produce

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1. You got your original judgment vacated.  That ain't easy to do.

2. It seems your judge is debtor-friendly or at least is not biased against debtors.

3. NYC has its own debt collection laws, separate from NY state.  This may be what your judge was referring to when he asked Midland to provide validation of your debt.  Midland may not have the necessary documentation.




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Most states give you 30 days to answer those requests. The response you give for each may be different, you don't want to give them anything, but if you don't answer them in a certain way you may be compelled to answer them. That is why I said type out each request here and we will help you answer. I can't help you answer if the request is vague, I need to know exactly what it says.

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OMG talking about beating a dead horse.  They really want you to prove their case for them.  ok, I did not know how you answered your complaint, so I put in there you denied the account.  Is that correct?  The trick is to form a denial because you have no records, and do not recall the account, so you really cant answer.  If the judge were to ask you straight up "is this your account?"  I would answer it like "I have had an account with chase in the past, but I thought the balance was zero, I do not recall this account" or something to that effect. (if you have had an account with chase in the past)  If this is your account, and it was with a bank that chase bought out, you don't even need to say that.  You just dont want to comit perjury in the court, in your requests you are basing it on lack of information, but that is not a proper answer to the questions, so you have to word it like I did.  Any objections given are subject to a compel motion from the plaintiff, that is why I always include the "without waiving foregoing objection" and then answer it partially to avoid that compel.  They may send you a letter stating your bank records are needed and is discoverable, but I wouldn't give them up unless a court orders you too.  Besides they can subpoena them their-selves from the bank and pay for that if they want them that badly.


You are going to want to send out your own discovery requests.  Do it ASAP so you don't run out of discovery time.

I would list half of the things in theirs that they wanted.  


Request agreements governing the account, any arbitration agreements, bill of sale beginning with chase (if they are the bank that the cc. was made on) and ending with midland.  (you want to know if any other JDB's bought it first) You want the total agreement including any purchase agreements if they are stated on the face of the bill of sale. 

do a search for discovery requests here and you will get a laundry list of things to ask for.


I read part of your rules for discovery here. http://www.nywd.uscourts.gov/sites/default/files/civil%20-%202013.pdf  and it looks like you DO need to file your response with the court.  You need to have each question and then your answer under it.  I typed out only the answers with the corresponding question.  @BV80 or @Clydesmom may have supplemental advice for these answers, and would appreciate their input.  I am uploading it in word format.


answers to trish requests..docx

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Guest usctrojanalum

Hi Trisha,


what you basically want to do is state that midland does not have standing to sue you, to prove that you owe money they need a witness from chase and a witness from midland.  As far as discovery, Midland basically wants you to prove your case for them, DON'T DO THIS.  The Courts in NYC are extremely debtor friendly.


I do know of an attorney that practices in NY who used to do collection work, but switched over to the consumer side after the economy tanked.  I've used him for some medical debts I've had in the past and would recommend him to anyone in the NYC/Long Island area.  If you want, I can refer you to him.  His rates are reasonable and he will give you a free consultation.

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Before you go answering that nine or ten pages of crap they typed up with a lot of typos double check how many of those they are allowed to submit.  I could be wrong and it isn't NY state but I swear I read somewhere that they are limited in the number of RFAs and ROGs they can submit.  If they exceeded the number you are not required to answer them.


For any question asking for addresses, bills, or ID you answer:


OBJECTION:  this information is not destined to reveal information material to the claim as alleged in the filing.  Without waving the foregoing objection the defendant admits they are John Doe residing at 1313 Mockingbird Lane, MyTown, NY, NY 10004 as filed in the complaint.


For the repetitive requests for documents shellieh's answer is fine.


For any question asking you about account changes and how or why it was done:


OBJECTION:  Defendant is not employed by the alleged predecessor in interest and therefore any answer about their business practices or reasons thereof would be speculative and inadmissible.  


DO NOT rubber stamp the same exact answer to each one.  That ticks off the court.  Tailor each answer just enough to be unique and you can re-use each one no more than twice since many of their questions are repetitive.  I find the answer "OBJECTION this was asked and answered in question ...." then list the questions it repeats.  That notifies the court you actually read the document and the Plaintiff got lazy.


Make sure you read each one carefully.  Sometimes they word stuff so that if you deny one question you are admitting to another.

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First, we need to find out if the OP wants to contact the attorney recommended by @usctrojanalum.  If not, then as @Clydesmom suggested, it needs to be discovered if the number of requests are limited.


Anyway, after #14 on your suggested answers, I'm not sure to which requests your responses (starting with intervals of billing statements) apply. 

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