Correct wording for discovery - Midland

[tryingtiff]

Hello all - I am being sued in Jefferson County, CO by Midland Funding.  While doing some research on how to handle this I ran across several amazing threads dealing specifically with cases against Midland and the various processes that need to be followed to respond.  I now have a wealth of information from these forums but would like some help in how I should word my discovery requests on the motion for discovery.  I've found several additional threads but when I click on them they're no longer available, so apologies if this has been previously addressed.  Specifically I would like to know how I should word my numbered requests and whether or not I am asking for sufficient information.  When I was served with the summons they didn't include any information other than my name, the amount ($750), the original creditor (Credit One) and a redacted credit card number.  I'd like to request:

1. Credit agreement with signature

2. Proof they have legal authority to collect on behalf of Credit One

3. Proof of debt

Is there a proper way to word this, or is there something critical I'm missing in my request?  TIA for any input.  This is the first I've ever had to deal with something like this and I'm afraid I'm going to screw it up.

[Clydesmom]

1 hour ago, tryingtiff said:

1. Credit agreement with signature

It doesn't exist and the court knows it.  The card agreement is mailed to you with the card and does not require that you sign it.  Activating the card, using it, and making payments constitutes acceptance of the terms and forms the contract.

I have a set I have used.  I need to find the USB drive they are on and I can copy them here for you.

[tryingtiff]

Clydesmom that would be great.  Thank you for the help!

[Clydesmom]

On 12/16/2016 at 8:09 AM, tryingtiff said:

Clydesmom that would be great.  Thank you for the help!

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.

 

[tryingtiff]

Thank you so much.  I'm working on creating the motion for discovery now and I have a quick question.  The first portion of what you provided - is that my answer to the summons? And the documents to be produced are what I'm asking for in discovery?