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Sued by Midland in OK by Love, Beal & Nixon


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

2. What is the name of the law firm handling the suit? Love, Beal & Nixon, P.C.

3. How much are you being sued for?  $2018
 
4. Who is the original creditor?  
Citibank South Dakota NA  

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

6. How were you served?   Process server

7. Was the service legal as required by your state?      I guess?
   
8. What was your correspondence (if any) with the people suing you before you think you were being sued?  
No contact before being called about the suit.  
 
9. What state and county do you live in?  
Oklahoma, Oklahoma City County

10. When is the last time you paid on this account?   Unsure.

11. What is the SOL on the debt? 5 years

12. What is the status of your case? I'm not sure what stage. Explanation below.

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? I've already responded with my answer. 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing. Oklahoma is not a fact pleading state.
 

The original Citibank account was charged off on 05-2009.

Citibank placed it in collections on 11-2011

Midland opened it on 11-2013

Experian shows Citibank and Midland Recent Payment as $0

Transunion shows Citibank as Payment Received $0 and Last Payment Made 3-1-2010 

Both credit reports show COL before, during and after 3-1-2010

 

This is the Summons I received on 10-16-14:

 

PETITION FOR INDEBTEDNESS 
 
COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states:
1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid. If you notify this law firm, Love, Beal & Nixon, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will obtain verification of the debt and mail a copy of the verification to you. Upon your written request within the 30 day period, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose.
2. Citibank (South Dakota), N.A., provided credit to the defendant on a written credit card account with an account number of XXXXXXXXXXXX8485. The indebtedness arising therefrom has been duly assigned to MIDLAND FUNDING LLC, plaintiff herein. The Defendant defaulted on the obligations required under the contract.
3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $2,017.67. An Affidavit of Account and/or contract is attached hereto and incorporated by reference.
WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $2,017.67, all court costs and a reasonable attorney's fee, and for such other and further relief as to this Court may seem equitable, just and proper.
 
AFFIDAVIT OF INDEBTEDNESS
 
Donna DuBois, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says:
1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendants CITIBANK (SOUTH DAKOTA), N.A. account XXXXXXXXXXXX8485 (MCM Number XXXXXX8607) (hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff behalf.
2. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following:
3. MCM records show that the defendant(s) owed a balance of $2017.67 as of 2014-09-11.
4. On or about 2013-11-21, MIDLAND FUNDING LLC became the successor in interest to this account.
5. Based upon my review of MCM's business records: 1) defendant(s) opened the CITIBANK (SOUTH DAKOTA), N.A. account on 2003-11-17; 2) the account was charged off on 2009-05-27; and 3) the last payment posted to the account on 2010-03-01.
6. If called to testify as a witness thereon. I could and would competently testify as to all
the facts stated herein.
 
I certify under penalty of perjury that the foregoing statements are true and correct.

 

 

 

I am guessing that they are suing because they believe there was a payment made on 3-1-2010, which would reopen the 5 year SOL. I am not sure if I did or not, and am looking into my bank records from 02-2010 to 03-2010.

 
I responded on 10-28-14 (one to the court clerk and one certified receipt to Love, Beal & Nixon) with:

 

DEFENDANT'S ANSWER

 

1. Plaintiffs paragraph one does not allege any claims and therefore no response is required but purl ant to its statements regarding its obligations under the Fair Debt Collection Practices Act, Defendant disputes the validity of the debt and demands strict proof thereof.
2. Plaintiffs paragraph two and three. Defendant denies allegation that I refused to pay the amount owned on the account or that I owe any amount of money to the Plaintiff and demands strict proof thereof.
 
WHEREFORE, premises stated, Defendant prays the Plaintiff take nothing by way of its petition or its prayer for relief
 
AFFIRMATIVE DEFENSES
 
3. Some or all of the claims asserted by the Plaintiff are barred by the statute of limitations, laches, estoppel, unjust enrichment, unconscionable and/or unclean hands.
4. Defendant disputes the alleged debt and its amount are owed to the Plaintiff and requests debt validation.
5. Defendant has failed to provide an accurate accounting of the alleged debt.
6. Defendant does not owe the alleged debt to Plaintiff.
7. The plaintiff does not have standing to collect upon the alleged debt.
8. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date

 

 
 
They filed an AFFIDAVIT AS TO MILITARY SERVICE on 12-2-2014
 
There have been no other court filings to date.
 
Now I received a Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents
 
REQUEST FOR ADMISSION NO. 1:  Admit that the Defendant is properly identified in the style of this case.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 2:  Admit that you owe the obligation which is alleged in Plaintiff's Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 3:  Admit that Plaintiff performed its responsibilities as to the obligation referenced in Plaintiff's petition.

REQUEST FOR ADMISSION NO. 4:   Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

INTERROGATORIES

INTERROGATORY NO. 1:  State your full and complete name, your full and complete residence, address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address:

INTERROGATORY NO. 2:  Did you obtain credit on the account referenced in Plaintiff's petition?

INTERROGATORY NO. 3:  Is the present balance due on the account, which is the subject of this action, the sum of $5,000?  If not, please state the following:

A.  The date of each payment you contend was made.
B.  The amount of each payment you contend was made.
C.  The address you contend you mailed each payment to.
D.  Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

INTERROGATORY NO. 4:  If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5:  In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A.  The date of all letters, phone calls, memos, notes, notices, etc. that the Defendant received.
B.  The nature and subject matter of any and all such communications.
C.  Defendant's response or reply to the communication, if any.

INTERROGATORY NO. 6:  State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

INTERROGATORY NO. 7:  Please state the name, address and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A.  The subject matter of which such person has knowledge.
B.  The substance of the facts and opinions which of such opinion is expected to testify
C.  A summary of the grounds for such opinion.

REQUEST FOR PRODUCTION OF DOCUMENTS

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of the Plaintiff's attorney herein at 10:00 am on the 30th day following receipt of this request, or (2) in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1.  All cancelled checks, money orders, cashier’s checks, receipts or other records of payment to support your answers to Interrogatories.

2.  All written or tangible evidence of any communication between the plaintiff or its transferor to support your answers to Interrogatories.

3.  Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

4.  Produce and all documentary or tangible evidence which Defendant either expects to use or may use as evidence in the trial of this case.

5.  Produce all documents Defendant has to support any additional defenses mentioned in your answers to Interrogatories.

 

 
 
I was hoping my answers demanded they show proof of the validity of this debt, but I am unaware of what to do now. The letter said I have 30 days from 1-26-15 to respond to the the Requests for Admissions and Interrogatories.
 
I would like to note that Number 1 of their PETITION FOR INDEBTEDNESS says, "If you notify this law firm, Love, Beal & Nixon, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will obtain verification of the debt and mail a copy of the verification to you."
 
I have received no verification of the debt, to date.
 
Any help would be greatly appreciated.
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REQUEST FOR ADMISSION NO. 1:  Admit that the Defendant is properly identified in the style of this case.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

ADMIT.  Defendant is pureguava as identified in the complaint.
REQUEST FOR ADMISSION NO. 2:  Admit that you owe the obligation which is alleged in Plaintiff's Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.
DENIED.  Plaintiff has provided no evidence by which the defense can reasonably be expected to answer truthfully.
REQUEST FOR ADMISSION NO. 3:  Admit that Plaintiff performed its responsibilities as to the obligation referenced in Plaintiff's petition.
DENIED.  Defendant has never entered into any contractual arrangement with the Plaintiff with any responsibility.
REQUEST FOR ADMISSION NO. 4:   Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.
DENIED.  Defendant has never entered into any contract with the Plaintiff and no evidence of any contract or breach has been provided by which any other answer can be submitted.
INTERROGATORIES

INTERROGATORY NO. 1:  State your full and complete name, your full and complete residence, address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address:
OBJECTION.  Employment, occupation, and prior residence information are not material to the complaint as filed or destined to reveal such information. Without waiving objection Defendant admits they are pureguava residing at (address where you were served)
INTERROGATORY NO. 2:  Did you obtain credit on the account referenced in Plaintiff's petition?
DENIED.  Plaintiff has provided no documentation by which Defendant could reasonably be expected to answer.  Trial preparation and discovery is currently ongoing.
INTERROGATORY NO. 3:  Is the present balance due on the account, which is the subject of this action, the sum of $5,000?  If not, please state the following:
A.  The date of each payment you contend was made.  No payments were ever made.
B.  The amount of each payment you contend was made.  $0
C.  The address you contend you mailed each payment to.  No payments were ever mailed.
D.  Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.  Defendant calculated an amount of $0 based on no proof of the existence of an account or contract between the Plaintiff and Defendant has been presented.

INTERROGATORY NO. 4:  If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5:  In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A.  The date of all letters, phone calls, memos, notes, notices, etc. that the Defendant received.
B.  The nature and subject matter of any and all such communications.
C.  Defendant's response or reply to the communication, if any.

INTERROGATORY NO. 6:  State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

INTERROGATORY NO. 7:  Please state the name, address and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A.  The subject matter of which such person has knowledge.
B.  The substance of the facts and opinions which of such opinion is expected to testify
C.  A summary of the grounds for such opinion.

REQUEST FOR PRODUCTION OF DOCUMENTS

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of the Plaintiff's attorney herein at 10:00 am on the 30th day following receipt of this request, or (2) in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1.  All cancelled checks, money orders, cashier’s checks, receipts or other records of payment to support your answers to Interrogatories.

NONE.  At this time trial preparation and discovery is ongoing.  After a reasonable and diligent search Defendant concludes that no such documents are in their possession.
2.  All written or tangible evidence of any communication between the plaintiff or its transferor to support your answers to Interrogatories.

Defendant has not sent any communication to the unknown Plaintiff prior to receiving the summons in the complaint. 

3.  Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

Plaintiff has produced no alleged contract by which Defendant could reasonably have an original or copy.

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Here are some suggested ones to send to them ASAP:

 

1.  Admit that plaintiff lacks documentation/evidence to reasonably sustain their claim in a (your state) Court that the defendant owed/owes a debt to the plaintiff or any creditor identified in the complaint.

 

2.  Admit that plaintiff (JDB) lacks standing to sue on the account alleged in the complaint.

 

3.   Admit that the plaintiff lacks sufficient documentation that (JDB)  is the true and rightful owner of the specific account alleged in the complaint as belonging to the defendant.

 

4.  Admit that the affiant(s) in any affidavit in the possession of the plaintiff lacks personal knowledge of the account in the complaint alleged to belong to the defendant.

 

5.  Admit that plaintiff added interest in the amount of $amount.

 

6.  Admit that plaintiff lacks documentation supporting their claim that defendant has ever owed a debt related to an account for which the Plaintiff is legally entitled to collect on.

 

7.   Admit that plaintiff (JDB)  has never contacted defendant via any correspondence regarding the alleged account.

 

8.  Admit that the plaintiff has never had a contract with the defendant on this or any other account alleged in the complaint.

 

9.  Admit that plaintiff does not employ anyone with personal knowledge sufficient to legally verify the accuracy of business records of (original creditor).

 

10.  Admit that plaintiff added interest at a rate in violation of (state law if applicable) and which the defendant was not contractually obligated to pay.

 

 

DOCUMENTS TO BE PRODUCED

1.  Provide the actual credit card contract at the time the alleged account was opened and upon which your complaint is based on including the contractual interest rate, grace period, finance charges, and specifically the State Laws that agreement and account are governed plus other important facts

2.  Provide the contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and is legally entitled to collect specifically on the debt allegedly owed by the Defendant.

3.  Furnish the original or copies of the assignment agreement or assignments agreement, transferring the alleged contract and specifically the account alleged in the complaint Original Creditor and (JDB).

4.  Provide copies of specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a credit agreement between the Plaintiff and Defendant.

5.  Produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.  Provide copies of the amount(s) paid in the debt purchase for the alleged account.

7.  Provide a document or document(s) that prove you sent the Defendant a notification of assignment of the account or assignment of rights.

8.  Attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

9.  Attach copies of all statements generated in the first 3 months of account activity after inception and the last 6 months of alleged account activity prior to the alleged default.

10.  Attach a complete and accurate history of the interest charged on this alleged account with Plaintiff.  Show the exact dates those interest rates changed and list the actual rates that were charged during this debt and the exact method of amortization.

11.  Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

 

Defendant's First Interrogatories To Plaintiff

 

1.  State with factual particularity the basis for your claim that the defendant owes an alleged debt to the Plaintiff.

2.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

3.  Identify the number of payments and amount of every payment made toward the underlying contract by the defendant, or made by any other party on defendant’s behalf.

4.  Identify all documents and/or correspondence either sent to, or received from, the Defendant or relevant to this matter.

5.  Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Complaint, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

6.  Identify all documents, by title and date, which you contend evidence or tend to support the assertions and allegations as set forth in your Complaint, and provide the name, address and telephone number of the current custodian for each such document.

7.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

9.  State the amount you contend Defendant owes Plaintiff and describe how you calculated that amount.

10.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Plaintiff's answer.

11.  State each and every fact upon which you based your allegation of the indebtedness claimed owed by Defendant.

12.  State with factual particularity the basis for the assertion of plaintiff’s standing.

13.  State with factual particularity the basis for your assertion that Plaintiff has a valid assignment.

14.  State each and every fact upon which Plaintiff claims that the Complaint is being prosecuted by the real party in interest.

15.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

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Thank you for your assistance.

 

(I should note that the amount sued for actually matches their Interrogatory No. 3. I copy/pasted the ridiculously long Requests from another one online, as I didn't want to type out that whole thing. I missed that one to change. My apologies.)

 

Should I send: 

 

RESPONSE TO REQUEST FOR ADMISSIONS AND INTERROGATORIES

 

REQUEST FOR ADMISSION NO. 1:  Admit that the Defendant is properly identified in the style of this case.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

ADMIT.  Defendant is _______ as identified in the complaint.
REQUEST FOR ADMISSION NO. 2:  Admit that you owe the obligation which is alleged in Plaintiff's Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.
DENIED.  Plaintiff has provided no evidence by which the defense can reasonably be expected to answer truthfully.
REQUEST FOR ADMISSION NO. 3:  Admit that Plaintiff performed its responsibilities as to the obligation referenced in Plaintiff's petition.
DENIED.  Defendant has never entered into any contractual arrangement with the Plaintiff with any responsibility.
REQUEST FOR ADMISSION NO. 4:   Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.
DENIED.  Defendant has never entered into any contract with the Plaintiff and no evidence of any contract or breach has been provided by which any other answer can be submitted.
INTERROGATORIES

INTERROGATORY NO. 1:  State your full and complete name, your full and complete residence, address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address:
OBJECTION.  Employment, occupation, and prior residence information are not material to the complaint as filed or destined to reveal such information. Without waiving objection Defendant admits they are _______ residing at (address where you were served)
INTERROGATORY NO. 2:  Did you obtain credit on the account referenced in Plaintiff's petition?
DENIED.  Plaintiff has provided no documentation by which Defendant could reasonably be expected to answer.  Trial preparation and discovery is currently ongoing.
INTERROGATORY NO. 3:  Is the present balance due on the account, which is the subject of this action, the sum of $2,017.67?  If not, please state the following:
A.  The date of each payment you contend was made.  No payments were ever made.
B.  The amount of each payment you contend was made.  $0
C.  The address you contend you mailed each payment to.  No payments were ever mailed.
D.  Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.  Defendant calculated an amount of $0 based on no proof of the existence of an account or contract between the Plaintiff and Defendant has been presented.

INTERROGATORY NO. 4:  If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5:  In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A.  The date of all letters, phone calls, memos, notes, notices, etc. that the Defendant received.
B.  The nature and subject matter of any and all such communications.
C.  Defendant's response or reply to the communication, if any.

INTERROGATORY NO. 6:  State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

INTERROGATORY NO. 7:  Please state the name, address and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A.  The subject matter of which such person has knowledge.
B.  The substance of the facts and opinions which of such opinion is expected to testify
C.  A summary of the grounds for such opinion.

RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS

1.  All cancelled checks, money orders, cashier’s checks, receipts or other records of payment to support your answers to Interrogatories.

NONE.  At this time trial preparation and discovery is ongoing.  After a reasonable and diligent search Defendant concludes that no such documents are in their possession.
2.  All written or tangible evidence of any communication between the plaintiff or its transferor to support your answers to Interrogatories.

Defendant has not sent any communication to the unknown Plaintiff prior to receiving the summons in the complaint. 
3.  Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

Plaintiff has produced no alleged contract by which Defendant could reasonably have an original or copy.

 

 

DOCUMENTS TO BE PRODUCED

 

1.  Provide the actual credit card contract at the time the alleged account was opened and upon which your complaint is based on including the contractual interest rate, grace period, finance charges, and specifically the State Laws that agreement and account are governed plus other important facts

2.  Provide the contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and is legally entitled to collect specifically on the debt allegedly owed by the Defendant.

3.  Furnish the original or copies of the assignment agreement or assignments agreement, transferring the alleged contract and specifically the account alleged in the complaint Original Creditor and (JDB).

4.  Provide copies of specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a credit agreement between the Plaintiff and Defendant.

5.  Produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.  Provide copies of the amount(s) paid in the debt purchase for the alleged account.

7.  Provide a document or document(s) that prove you sent the Defendant a notification of assignment of the account or assignment of rights.

8.  Attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

9.  Attach copies of all statements generated in the first 3 months of account activity after inception and the last 6 months of alleged account activity prior to the alleged default.

10.  Attach a complete and accurate history of the interest charged on this alleged account with Plaintiff.  Show the exact dates those interest rates changed and list the actual rates that were charged during this debt and the exact method of amortization.

11.  Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

 

DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF

 

1.  State with factual particularity the basis for your claim that the defendant owes an alleged debt to the Plaintiff.

2.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

3.  Identify the number of payments and amount of every payment made toward the underlying contract by the defendant, or made by any other party on defendant’s behalf.

4.  Identify all documents and/or correspondence either sent to, or received from, the Defendant or relevant to this matter.

5.  Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Complaint, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

6.  Identify all documents, by title and date, which you contend evidence or tend to support the assertions and allegations as set forth in your Complaint, and provide the name, address and telephone number of the current custodian for each such document.

7.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

9.  State the amount you contend Defendant owes Plaintiff and describe how you calculated that amount.

10.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Plaintiff's answer.

11.  State each and every fact upon which you based your allegation of the indebtedness claimed owed by Defendant.

12.  State with factual particularity the basis for the assertion of plaintiff’s standing.

13.  State with factual particularity the basis for your assertion that Plaintiff has a valid assignment.

14.  State each and every fact upon which Plaintiff claims that the Complaint is being prosecuted by the real party in interest.

15.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories. 

 

I noticed Interrogatory 4-7 is blank. It says if I denied Request for Admission 2-4, "...then an appropriate response to Interrogatory No. 4 below will be required."

 

I'm not sure how to add the DOCUMENTS TO BE PRODUCED and DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF. Do I just tack it at the end of my responses, like above, or something formal separately?

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@pureguava - finding those bank records is key. Even if it turns out you made a token payment after charge off, you need to check how your state handles the restarting of SOL. Obviously the charge-off took place once they deemed you in default of the contract, which would have been, perhaps, six months earlier - in Dec 2008.

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@Goody_Ouchless

 

§12-101.  Extension of limitation - Part payment, acknowledgment or new promise.
In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.
 

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So it's the old question of whether a partial payment on a CC is considered a "promise in writing."

 

These dates are also sketchy - seems odd that a payment would be made almost a year after charge off and a year and a half after it went to collections. That would be right in the middle of a period of no activity.

 

Wonder if that 3/10 date is a reporting error and that's all that Midland is going on.

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@Goody_Ouchless

 

So it's the old question of whether a partial payment on a CC is considered a "promise in writing."

 

 

The statute says any one of 3 things can reset the SOL:  payment, acknowledgment, OR promise.   Then the next phrase omits "payment".  Only an "acknowledgment or promise must be in writing, signed by the party to be charged".

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@Goody_Ouchless

 

I had, at that time, about 3 bank accounts (same bank) open. I *think* the first 2 back statements are free, not sure how *many* accounts, and each is $2-3 each.

 

What dates should I be looking from from the 3 accounts or can I just send a response demanding they come up with all the documents that this is a debt they can legally try and acquire, which would include that payment in question?

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So the only indication you see of a payment in 3/2010 is the Transunion report entry? 

 

I've never seen a case like this where they claim a "phantom payment" in the middle of nothing. Usually they use charge-off and go back six months in order to establish date for cause of action.

 

I'd start with March and February of 2010 for each account and see what's there. Did you always pay cards with checks, or could you have done it online? (I found my whole payment history for an account in old emails).

 

EDIT: have you run this past any lawyers? If they sued on a time-barred debt, you will be suing them.

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The only place I checked was the Transunion report. If they have another indication, I am unaware of what it is or how they got it.
 
It would have been a debt card or the bank account it was linked to. I don't do money orders.
 
I have not run this past any lawyers. I was hoping the advice I found online, so far, would force them to come up with some proof of that they have the authority and are legally entitled to collect specifically on the debt. I'd assume that would show the rest, if there was one.

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Unless I'm mistaken, information from the Credit Reporting Agencies are inadmissible hearsay.  Did they include (provide) the credit reports in the lawsuit against you?
 

I am guessing that they are suing because they believe there was a payment made on 3-1-2010,


Have they provided a statement that shows this payment?  There should be some sort of statement indicating payment.  Definitely check your bank records for the months surrounding 3-1-2010.  This may be a clerical error on the reporting, as it doesn't show up on other credit reports.

 

This is a good candidate to discuss with an attorney (naca.net) in your area.  Consultations are usually free, and they love suing on time barred debt.

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@Coffee_before_tea

They did not provide the credit reports. These are the ones I looked at in 10-2014, after receiving it,

 

If you mean copy, they provided no statement.

 

@BV80

The good news is, I keep everything,

The bad news is, I keep everything.

The worse news is, 2 months ago I went through ALL PAPERWORK (someone said I was messy) and threw out everything not essential and kept everything that was.

 

I went through everything 3 times over and only found their original collection letters, but no mention of any payment in them.

 

If there is any kind of paperwork I would keep, that would be something to keep, so I have no earthly idea where it could be. If it is found, it will be hidden in some place that only Nicholas Cage could find.

 

I am about 70% sure it didn't mention a last payment. My line of thinking would be, first, to look up SOL (5 years) then look up how old the debt was; credit reports. Then compare it to the others, that they weren't suing for. Notice the 3-10 date and assume that is what it was for.

 

Should I go get a copy of the complaint at the courthouse, ASAP, before I send any response?

 

EDIT: I found the summons and posted it in the original post.

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BV80

 
I found the summons and added it at the beginning, in the original post.
 
I would like to note that Number 1 of their PETITION FOR INDEBTEDNESS says, "If you notify this law firm, Love, Beal & Nixon, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will obtain verification of the debt and mail a copy of the verification to you."

 

I have received no verification of the debt, to date.

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I found my bank records and there was a payment to an LTD Financial. I called them and they said it was for an account; the same balance as the one owed and the same account number.

 

I, recently, found out that the SOL is restarted from a payment. 

 

Is there anything I can do?

 

How should I respond to the Requests?

 

Thanks in advance!

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BV80

 

I found the summons and added it at the beginning, in the original post.

 

I would like to note that Number 1 of their PETITION FOR INDEBTEDNESS says, "If you notify this law firm, Love, Beal & Nixon, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will obtain verification of the debt and mail a copy of the verification to you."

 

I have received no verification of the debt, to date.

 

OK, no verification hope you kept the proof....always send CMRRR and keep your proof of delivery. Now thats just one baby step. Next get a file folder...something you can keep all documentation Just for this...nothing else. Answer the interogs and admissions like others have said......remember if it might now have happened....IT DIDN'T happen............Make them prove every step of every claim, they make. Get to studying OK Civil Procedures I've got them in my sig line, You said the SOL is 5 yrs unless their is a signed contract oral and implied credit card contracts are 3yrs, not 5. But since you may have restarted the SOL thats a moot point at this time.

 

There are two ways you can go at this......check your card agreement for an arbitration clause, if you have one post it. First way is to drag them to arbitration, a little risky strategy, but increase's their litigation cost tremendously and they might decide your not worth it...maybe. Second statutes... legal citations or opinions.... motions and response motions and pleading in Court. Look at both methods and see where you comfortable, as arbitration will require about the same arguments and law arguments if they follow into arbitration and it is NON appealable, where as a MSJ is reviewed de novo here, IF you properly Object and/or move to strike their "evidence".

 

Suggestion, go to oscn.net, look up other debt cases especially ones that defendants with attorneys file (also can look up by attorney names if you know some good consumer attorneys). Now you won't find alot, as you are already in the 5% of those that even respond...Bravo for you....9 out 10 either fail to respond, take stipulated judgment, or reply with "I can't pay it, I'm broke" that won't work, isn't legally sufficient AND...they don't care the courts or the JDB attorney's.

 

It will take quite some time to sift through all the filings. I'd start a search at about the 1st of January 2011 thru 1st of Feburary 2015. You can search by JDB, Asset Acceptance, CACH, Unifund, Midland, etc learn about the 6 or 8 biggies plug them in as Plaintiffs. The case's you will want to look at start with CS-xxx-xxxx less than 10, 000 dollars, that's your case right now (you can pull yours up too,ck what they might have filed you didn't know about). Once a case gets a MSJ to it CJ-xxx-xxxx. OK county good, Tulsa Co,, Cleveland, Roger Mills,etc there are only 7-8 on OSCN.NET....all the others fall over to a semiprivate site (not as quickly updated in some counties) when you search its free unless you want to track a case www.odcr.com.

 

This will help you with properly formatting  your filings and make the judge's happy. Go to Google Scholar, you can use this to find case law and decisions to support your statutes and arguments, use the as accurately as you know how, and use them liberally to back up your statements. If you can't back your statements...find another citation or case...or adjust your argument.

What you have to do is make their evidence more unreliable and make your statements/evidence stronger and attack of their evidence to weaken it. Remember they are the moving party and the burden of proof is on them.....Make it a hard burden to for them to support..

 

Rule 13 Oklahoma Rules for the District Courts, is the summary judgment guidelines (Read up on the Federal Rules for summary judgment too they are a more informative explanation, OK's are brief and curt), will tell you what they have to do and by reverse what you have to keep them from doing, Now remember the law doesn't really care if you are right or wrong......it only cares if you can prove or disprove a claim so leave any moral judgments out of your thinking ( they don't have any), think judicially,. The statutes you will need most are Title 12, Title 12A for basic's....Most of them are in my sigline, the ones I have, do have some citeable case's with each section, just try to use the newer one's unless nothing else works...remember Google you can search also by words or phrase's. as well as John vs. Bill,.As you can OSCN.NET, like business records exception elements, account stated, use judicial terms when possible, etc.Stick with OK Appellete-Supreme court decisions if at all possible, Federal Rules (OK statutes follow their content closely, different numerically) if you can't, and other state's if you have too, in that order.

 

Now here's an appellate case that's New as of July 2014 and Guess what, Love, Beal, and Nixon took a beating. The review goes down the list of their "evidence" affidavits, etc and points to  several other case's with similar issue's. Might give you at the least an idea of how the "Law" looks at it.UNIFUND CCR, LLC v. EKPO, 2014 OK CIV APP 73 - Okla: Court of Civil Appeals, 2nd Div. 2014

 

OK that's enough for today......that's a lot to digest and mull over, but at least it might help you get those wheels turning.

 

Remember you do little or nothing.........you lose 100%. You fight and make them prove every step of their case and you might win, at the VERY LEAST 50/50.......at the worst you lose..BUT you've hopefully laid the ground for a good appeal, more than you get by doing nothing.

 

P.S. Take two aspirin!  Call the Doc in the Morning.

 

FYI, 2 good NACA attorney's there in your area...B. David Sisson in Norman, Kathi Rawls in Moore.....graduated high school with Sisson and Kathi appears sharp and aggressive, both are experienced lawyers. Either would be good especially to see if you might have any FDCPA claims...if they do find any, LB&N would have to pay a fine to you and their attorney fees. In which case they'd drop you like a Hot potato....the free consult wouldn't hurt.

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OK, no verification hope you kept the proof....always send CMRRR and keep your proof of delivery. Now thats just one baby step. Next get a file folder...something you can keep all documentation Just for this...nothing else. Answer the interogs and admissions like others have said......remember if it might now have happened....IT DIDN'T happen............Make them prove every step of every claim, they make. Get to studying OK Civil Procedures I've got them in my sig line, You said the SOL is 5 yrs unless their is a signed contract oral and implied credit card contracts are 3yrs, not 5. But since you may have restarted the SOL thats a moot point at this time.

 

There are two ways you can go at this......check your card agreement for an arbitration clause, if you have one post it. First way is to drag them to arbitration, a little risky strategy, but increase's their litigation cost tremendously and they might decide your not worth it...maybe. Second statutes... legal citations or opinions.... motions and response motions and pleading in Court. Look at both methods and see where you comfortable, as arbitration will require about the same arguments and law arguments if they follow into arbitration and it is NON appealable, where as a MSJ is reviewed de novo here, IF you properly Object and/or move to strike their "evidence".

 

Thank you for your advice! A few questions/statements?

 

1) The only proof I have of them not mailing me a copy of verification of the debt is me not ever getting it/having it. Should I request it (see Q4) and/or mention it, or keep that in my back pocket?

2) I read on here, and tried to read online, something mentioning signing or oral agreement (in regards to restarting the SOL), but didn't completely understand if that was a requirement or it was fuzzy (with "or" language throw in). If the last payment made was on the date they said, it's not past 5 years. But it was past 3.

3) Where/how do I obtain a copy of the CC agreement looking for arbitration?

4) In my Request etc, do I address it to Plaintiff or whom is representing them? (Reason being, I'm sure they violated 15 U.S. Code § 1692g and am going to mention it in my Request and Interrogatories.)

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First draft for my Requests. Any thoughts or suggestions would be appreciated.

 

 

IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC,                                        )

)

)

)

Plaintiff,                                                           )

)

vs.                                                                               )           No. XXXXXXX

)

ME                                           )

)

Defendant.                                                      )

 

 

 

DEFENDAT'S REQUESTS FOR ADMISSIONS,
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

 

TO: Midland Funding LLC and/or the attorneys for Midland Funding LLC

 

These Requests for Admissions, Interrogatories. and Request for Production of Documents are propounded by the Defendant and are directed to you, the Plaintiff, in the above-entitled action. You are requested to respond to each of the Requests for Admissions pursuant, to Okla. Stat. Tit. 12, section 3236. Any Requests for Admissions not responded to within thirty days is deemed admitted pursuant to Okla. Stat. Tit. 12,Section 3236. You are requested to answer each of the Interrogatories separately and fully, under oath and in writing, and to respond to each of the Request for Production of Documents, within 30 days after their service, pursuant to Okla. Stat. Tit. 12, Sections 3233, 3234 and 3236.

 

INTRODUCTION

 

1.            In responding to these Discovery Requests you are required to furnish such
information as is available to you, your agents or employees, including attorneys and investigators, or that is contained in records or documents in your or their possession, custody or control.

2.         If you cannot respond to any part of this Discovery in full after making reasonable
efforts to secure the required information, please respond to the extent possible and set forth the efforts you have made to secure the required information.

3.            If you cannot respond to any part of this Discovery in full after making reasonable
efforts to secure the required information, please respond to the extent possible and set forth the efforts you have made to secure the required information.

4.            Definitions:

A.    "You" or "Your" refers to the named Plaintiff and any of its agents,
employees or representatives.

B.    "Person" refers to any entity, including but not limited to any natural person,
company, partnership, corporation, trust, estate, joint venture, or association of persons.

C.   "Writing" or "Document" refers to any form of data compilation whether
produced, reproduced or stored on paper, cards, tapes, disks, belts, charts, films, computer storage devices, or any other medium and shall include but not be limited to any letter, note, memorandum, article, book, published material, report, study, statement, speech, notebook, application, calendar, working paper, manual. brochure, analysis, telegram, transcript, summary, diary, agreement, contract, log, appointment book, graph, drawing, chart, financial statement, bank statement, bank check, deposit slip, receipt, invoice, bookkeeping entry. photograph, photostat, microfilm, x-ray film, sound recording, motion picture, video tape, or any other type of mechanical, electronic or magnetic impulse recording, and shall also include, but not be limited to any draft or copy (with or without notes of change thereon) of a writing or document.

D.   "Communication" refers to any telephone conversation, any oral
conversation other than a telephone conversation or any writing.

E.    "Identify" or "identification", when used with reference to a writing, requires
a description of the writing with sufficient particularity for a subpoena duces tecum or request to produce under Okla. Stat. Tit. 12, Section 3234 and stating the name, business and residence address, and telephone number of each person who has possession, custody or control of the writing.

F.    "Identify" or "identification", when used with respect to a natural person
requires stating his full name, present or last known residence address and telephone number and his present or last known employer, business address and telephone number.

G.   "Identify" or "identification", when used with respect to a corporation or other
entity besides a natural person, requires stating its full name, form of organization, and present or last known address and telephone number.

H.   "Identify" or "identification", when used with respect to a telephone
conversation, requires stating when the telephone conversation took place, identifying each party to the telephone conversation, stating the location of each party to the telephone conversation and stating which party initiated the telephone conversation.

I.      "Identify" or "identification", when used with respect to an oral conversation
other than a telephone conversation, requires stating when and where the conversation took place and identifying each party to the conversation.

 

REQUEST FOR ADMISSIONS

 

REQUEST FOR ADMISSION NO. 1: Admit that the Plaintiff did receive a written response to the PETITION FOR INDEBTEDNESS, within 30 days as requested by the Plaintiff, on October 31st, 2014.

REQUEST FOR ADMISSION NO. 2: Admit that the written response to the PETITION FOR INDEBTEDNESS disputed the debt. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 3: Admit that the Plaintiff did not obtain verification of the debt and mail a copy of the verification to the Defendant, after receiving the Defendant’s response to the PETITION FOR INDEBTEDNESS. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 4: Admit that the Plaintiff did not cease collection of the debt and mailed a letter, dated February 9th 2015, to the Defendant trying to collect on the debt.

 

DEFENDANTS FIRST INTERROGATORIES TO PLAINTOFF  

 

INTERROGATORY NO. 1: Please state why you did not obtain verification and/or mail a copy of the verification of the debt to the Defendant, after it was disputed in a written response.

INTERROGATORY NO. 2: Please state why you did not cease collection of the debt, after you did not obtain verification of the debt and/or mail a copy of the verification to the Defendant.

INTERROGATORY NO. 3: Please state why the above actions were not a violation of the Fair Debt Collection Practices Act (15 U.S. Code § 1692g).

INTERROGATORY NO. 4: If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5.  State with factual particularity the basis for your claim that the defendant owes an alleged debt to the Plaintiff.

INTERROGATORY NO. 6.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

INTERROGATORY NO. 7.  Identify the number of payments and amount of every payment made toward the underlying contract by the defendant, or made by any other party on defendant’s behalf.

INTERROGATORY NO. 8.  Identify all documents and/or correspondence either sent to, or received from, the Defendant or relevant to this matter.

INTERROGATORY NO. 9.  Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Complaint, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

INTERROGATORY NO. 10.  Identify all documents, by title and date, which you contend evidence or tend to support the assertions and allegations as set forth in your Complaint, and provide the name, address and telephone number of the current custodian for each such document.

INTERROGATORY NO. 11.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

INTERROGATORY NO. 12.  State the amount you contend Defendant owes Plaintiff and describe how you calculated that amount.

INTERROGATORY NO. 13.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Plaintiff's answer.

INTERROGATORY NO. 14.  State each and every fact upon which you based your allegation of the indebtedness claimed owed by Defendant.

INTERROGATORY NO. 15.  State with factual particularity the basis for the assertion of plaintiff’s standing.

INTERROGATORY NO. 14.  State with factual particularity the basis for your assertion that Plaintiff has a valid assignment.

INTERROGATORY NO. 15.  State each and every fact upon which Plaintiff claims that the Complaint is being prosecuted by the real party in interest.

INTERROGATORY NO. 16.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

 

 

 

REQUEST FOR PRODUCTION OF DOCUMENTS

1.  Provide the actual credit card contract at the time the alleged account was opened and upon which your complaint is based on including the contractual interest rate, grace period, finance charges, and specifically the State Laws that agreement and account are governed plus other important facts

2.  Provide the contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and is legally entitled to collect specifically on the debt allegedly owed by the Defendant.

3.  Furnish the original or copies of the assignment agreement or assignments agreement, with signatures and/or affidavits, transferring the alleged contract and specifically the account alleged in the complaint by Citibank and Midland Funding LLC.

4.  Provide copies of specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a credit agreement between the Plaintiff and Defendant.

5.  Produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.  Provide copies of the amount(s) paid in the debt purchase for the alleged account.

7.  Provide a document or document(s) that prove you sent the Defendant a notification of assignment of the account or assignment of rights.

8.  Provide originals or copies of any and all canceled checks, money orders, cashier's checks, receipts, or other records of payment to the Plaintiff.

9.  Attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

10.  Attach copies of all statements generated in the first 3 months of account activity after inception and the last 6 months of alleged account activity prior to the alleged default.

11.  Attach a complete and accurate history of the interest charged on this alleged account with Plaintiff.  Show the exact dates those interest rates changed and list the actual rates that were charged during this debt and the exact method of amortization.

12.  Produce any and all documentary or tangible evidence which Plaintiff either expects to use or may use as evidence in the trial of this case.

13.  Produce all documents Plaintiff has to support any additional defenses mentioned in your answers to Interrogatories.

14.  Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

 

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by mailing said documents to the Defendant’s place of residence at 10:00 a.m., on the 30th day following receipt of this request.

 

 

 

CERTIFICATE OF SERVICE

 

This is to certify that:

1.This Discovery is here by propounded by the Defendant to the Plaintiff.

2. A true and correct copy of this Discovery was served on the Plaintiff, by U.S.

Mail CMRRR, postage paid, on ___________________________ to:

 

Love, Beal & Nixon P.C.

PO Box 32738

Oklahoma City, OK 73123

 

 

 

 

 

 

 

____________________________________

ME

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Thank you for your advice! A few questions/statements?

 

1) The only proof I have of them not mailing me a copy of verification of the debt is me not ever getting it/having it. Should I request it (see Q4) and/or mention it, or keep that in my back pocket?

2) I read on here, and tried to read online, something mentioning signing or oral agreement (in regards to restarting the SOL), but didn't completely understand if that was a requirement or it was fuzzy (with "or" language throw in). If the last payment made was on the date they said, it's not past 5 years. But it was past 3.

3) Where/how do I obtain a copy of the CC agreement looking for arbitration?

4) In my Request etc, do I address it to Plaintiff or whom is representing them? (Reason being, I'm sure they violated 15 U.S. Code § 1692g and am going to mention it in my Request and Interrogatories.)

 

Ok if they mailed it.......................they have to prove it....Rules for the District Courts of Oklahoma Chapter 13 requirements for Summary Judgments.

 

As to times to bring actions:

Oklahoma Statutes Citationized

  Title 12. Civil Procedure

    Chapter 3 - Limitations of Actions

         Section 95 - Limitation of Other Actions

Cite as: O.S. §, __ __

 

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:

1. Within five (5) years: An action upon any contract, agreement, or promise in writing;

2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

3. Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud;

4. Within one (1) year: An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for penalty or forfeiture, except where the statute imposing it prescribes a different limitation;

 

Copies of Credit Card agreements, most Credit Card Companies have them located on their websites.....well hidden on their web sites. If not call them....ask customer service to either email you one or tell you where on their site it is located........Google for your card holder there are sites that have most of them, use the one closest to when you opened account...they most likely don't have a copy so let them PROVE its not the one.....send you their copy. (they don't have)

 

They have to sue in the Name of the Purchaser IE CACH, LLC purchases a Citibank debt.....the caption will indicate CACH,LLC as Plaintiff and You as defendant.

 

Don't worry too much about Validation......all the have to do is tell you the original creditor and send a copy of a statement.....they satisfied 15 U.S. Code § 1692g

 

If they did neither, then get with a NACA attorney..He can tell you if he can sue or not...............if he thinks he can win they will pay you $1,000, pay his attorney's fees and drop their suit on you in a hot minute............but don't count on it as a violation...............

You have 2 yrs to file on it later if it comes out in litigation they didn't.........

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