MIOMH

Sued by Midland in Suffolk County, NY

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On 8/1/2019 at 12:06 PM, Brotherskeeper said:

In my state, discovery requests are not filed with the court.

Same here but considering it came with a cover letter Exhibit A they are most likely going to file it after I answer it.

On 8/1/2019 at 12:06 PM, Brotherskeeper said:

f you are going to motion to compel arbitration, you need to check NY rulings to see if answering interrogatories would be considered participation in the judicial process.

The card agreement clearly states that I can request arbitration any time unless a trial has begun or a final judgment entered.

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I received a letter from the attorney responding to my intent to arbitrate.  It states that the current owner of Citibank card is Midland and that the account was assigned from the original creditor to the current owner.  Enclosed find copies of documents (2 statements 6 months apart, Fact Sheet with interest rates and card agreement).  It ends with "Kindly advise as to the content and nature of your dispute so that we may investigate same.  In addition, with the regard to arbitration, please copy my office on your submission to AAA to make your request to arbitrate."

Keep in mind, a judge has NOT been assigned to the case and no one has started any motion yet.  I don't know what my next step should be besides filling out the interrogatory letter. The arbitration strategy @fisthardcheese advises to MTC Arbitration because they do not like that forum but from my interpretation, they want to go that route.

@Brotherskeeper, @BV80, @usctrojanalum, @Goody_Ouchless ,@Harry Seaward, @nobk4me

I apologize in dragging everyone who hasn't replied to my thread but I needed the ALL experts to look at my thread because I don't believe my case is the average run of the mill under $15K and attorney hasn't tried to MSJ or any type of motion.  The last update in the case July 1st when I filed my answer with the court.

Thank you everyone.

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3 hours ago, MIOMH said:

In addition, with the regard to arbitration, please copy my office on your submission to AAA to make your request to arbitrate."

Keep in mind, a judge has NOT been assigned to the case and no one has started any motion yet.  I don't know what my next step should be besides filling out the interrogatory letter. The arbitration strategy @fisthardcheese advises to MTC Arbitration because they do not like that forum but from my interpretation, they want to go that route.

The attorney’s statement doesn’t necessarily mean they are willing to arbitrate.  It may mean they want to see proof that you’re serious about arbitration.

 

3 hours ago, MIOMH said:

I aologize in dragging everyone who hasn't replied to my thread but I needed the ALL experts to look at my thread because I don't believe my case is the average run of the mill under $15K and attorney hasn't tried to MSJ or any type of motion.  The last update in the case July 1st when I filed my answer with the court.

You’ve only recently been sued.  It’s not unusual for a case to be inactive for months before the plaintiff makes its next move.  In fact, it’s common.

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10 hours ago, MIOMH said:

@Brotherskeeper Thank you for following me.  My dispute would be that I have not applied or made any contract with Midland to appear on my credit report.

Is Midland reporting on your CR?

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@MIOMH Midland claims it purchased all of the rights (as described in the bill of sale and its attachments) to a credit card account of yours, in a portfolio pool sale. As such, Midland steps into the shoes of Citibank, N.A., and has the rights through assignment outlined in the agreement you posted: 

"Assignment. We may assign any or all of our rights and obligations under this Agreement to a third party. You may not sell, assign or transfer your Account or any of your obligations under this Agreement."

"Credit Reporting. We report information about this Account to Consumer Reporting Agencies in the Authorized User’s name that may appear on their credit report. This could include information about:
• Late Payments;
• Overlimit Amounts;
• Returned Payments; and
• Other violations of this Agreement.
You must let each Authorized User know that we report Account information in his or her name. Also, see Credit Reporting in Section 8."

"We report Account information in your name, as well as information about you to Consumer Reporting Agencies, on a monthly basis. The information we provide may appear on your credit reports. This can include information about:
• Late Payments;
• Overlimit Amounts;
• Returned Payments; and
• Other violations of this Agreement.
If you think we’ve given incorrect information to a Consumer Reporting Agency about you (or about an Authorized User), please write to us at the Customer Service address on your statement and we’ll research it. We’ll let you know if we agree or disagree with you. If we agree with you, we’ll contact each Consumer Reporting Agency we reported to and request a correction."

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13 minutes ago, Brotherskeeper said:

@MIOMH Midland claims it purchased all of the rights (as described in the bill of sale and its attachments) to a credit card account of yours, in a portfolio pool sale. As such, Midland steps into the shoes of Citibank, N.A., and has the rights through assignment outlined in the agreement you posted: 

"Assignment. We may assign any or all of our rights and obligations under this Agreement to a third party. You may not sell, assign or transfer your Account or any of your obligations under this Agreement."

"Credit Reporting. We report information about this Account to Consumer Reporting Agencies in the Authorized User’s name that may appear on their credit report. This could include information about:
• Late Payments;
• Overlimit Amounts;
• Returned Payments; and
• Other violations of this Agreement.
You must let each Authorized User know that we report Account information in his or her name. Also, see Credit Reporting in Section 8."

"We report Account information in your name, as well as information about you to Consumer Reporting Agencies, on a monthly basis. The information we provide may appear on your credit reports. This can include information about:
• Late Payments;
• Overlimit Amounts;
• Returned Payments; and
• Other violations of this Agreement.
If you think we’ve given incorrect information to a Consumer Reporting Agency about you (or about an Authorized User), please write to us at the Customer Service address on your statement and we’ll research it. We’ll let you know if we agree or disagree with you. If we agree with you, we’ll contact each Consumer Reporting Agency we reported to and request a correction."

Question? Does an ''Assignee'' become the holder indue course? if so is there any case law to support that thought.

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10 hours ago, MIOMH said:

The card agreement clearly states that I can request arbitration any time unless a trial has begun or a final judgment entered.

State law trumps the card agreement. 

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18 minutes ago, Robby8900 said:

Question? Does an ''Assignee'' become the holder indue course? if so is there any case law to support that thought.

Universal Citation: NY UCC § 3-302 (2015)
Section 3--302. Holder in Due Course.
(1) A holder in due course is a holder who takes the instrument

     (a) for value; and

     (b) in good faith; and

     (c) without  notice  that it is overdue or has been dishonored or

         of any defense against or claim to it  on  the  part  of  any

         person.

(2) A payee may be a holder in due course.

(3) A holder does not become a holder in due course of an instrument:

     (a) by  purchase  of  it  at  judicial sale or by taking it under

         legal process; or

     (b) by acquiring it in taking over an estate; or

     (c) by purchasing it as part of a bulk transaction not in regular

         course of business of the transferor.

(4) A purchaser of a limited interest can be a holder  in  due  course
  only to the extent of the interest purchased.

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Section 3-305 - Rights of a Holder in Due Course
To the extent that a holder is a holder in due course he takes the instrument free from

(1) all claims to it on the part of any person; and
(2) all defenses of any party to the instrument with whom the holder has not dealt except
(a) infancy, to the extent that it is a defense to a simple contract; and
(b) such other incapacity, or duress, or illegality of the transaction, as renders the obligation of the party a nullity; and
(c) such misrepresentation as has induced the party to sign the instrument with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms;
and

(d) discharge in insolvency proceedings; and
(e) any other discharge of which the holder has notice when he takes the instrument.
N.Y. U.c.c. Law § 3-305

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@Robby8900

@Brotherskeeper

I do not believe the cited sections of the UCC apply to the sale of credit card accounts due to the term “instrument.”  

NY UCC § 3--102. Definitions and Index of Definitions.

  (e) "Instrument" means a negotiable instrument.

 

NY UCC § 3--104. Form of Negotiable Instruments; "Draft"; "Check";

   "Certificate of Deposit"; "Note".

  (1) Any writing to be a negotiable instrument within this Article must

   (a) be signed by the maker or drawer; and

   (b) contain an unconditional promise or order to pay a sum

   certain in money and no other promise, order, obligation or

   power given by the maker or drawer except as authorized by

   this Article; and

   (c) be payable on demand or at a definite time; and

   (d) be payable to order or to bearer.

  (2) A writing which complies with the requirements of this section is

   (a) a "draft" ("bill of exchange") if it is an order;

   (b) a "check" if it is a draft drawn on a bank and payable on

   demand;

   (c) a "certificate of deposit" if it is an acknowledgment by a

   bank of receipt of money with an engagement to repay it;

   (d) a "note" if it is a promise other than a certificate of

   deposit.

  (3) As used in other Articles of this Act, and as the context may require, the terms "draft", "check", "certificate of deposit" and "note" may refer to instruments which are not negotiable within this Article as well as to instruments which are so negotiable.

 

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1 hour ago, Brotherskeeper said:

@BV80 @fisthardcheese @Goody_Ouchless Is it still the case that AAA will refuse to arbitrate with Midland unless there's a court order? 

@Brotherskeeper That's a good question. 

I was going to ask what if I went through arbitration and Midland does not proceed would I still be able to ask the court to dismiss the case?

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1 hour ago, BV80 said:

I do not believe the cited sections of the UCC apply to the sale of credit card accounts due to the term “instrument.”  

I was just providing NY law to address @Robby8900 's question. 

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25 minutes ago, MIOMH said:
 

@Brotherskeeper That's a good question. 

I was going to ask what if I went through arbitration and Midland does not proceed would I still be able to ask the court to dismiss the case?

You as Claimant won't go "through arbitration" with Midland.  If it still is in effect, Midland is in violation of AAA rules and AAA won't proceed without a court order to compel. (I believe fisthardcheese discusses this in his pinned arbitation thread.) When you file a demand claim, AAA sends you a letter explaining its policy and why Midland is in violation of it, then suggests that the dispute go to court. There are several examples of this AAA Midland letter on this forum. 

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20 minutes ago, Brotherskeeper said:

I was just providing NY law to address @Robby8900 's question. 

Okey dokey.  I just wanted to make sure that we all notice the specific details of the law because I sometimes forget to do that myself. 

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8 minutes ago, BV80 said:

I just wanted to make sure that we all notice the specific details of the law because I sometimes forget to do that myself. 

Very important advice! Also, we all need to remember that the specific details of fact for each poster and the poster's state laws/rules may be different. One size does not fit all.  

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On 8/3/2019 at 1:42 PM, Brotherskeeper said:

You as Claimant won't go "through arbitration" with Midland.  If it still is in effect, Midland is in violation of AAA rules and AAA won't proceed without a court order to compel. (I believe fisthardcheese discusses this in his pinned arbitation thread.) When you file a demand claim, AAA sends you a letter explaining its policy and why Midland is in violation of it, then suggests that the dispute go to court. There are several examples of this AAA Midland letter on this forum. 

AAA seems to be more accepting of Midland cases these days.  But either way, Midland won't follow through.  Since NY law requires the notice before hand and this attorney has asked that they be sent the AAA demand, I would do just that.  Although I generally dislike the idea of starting the arbitration case before an MTC is granted, with this unique NY law and the attorney asking for it, I would go ahead and do it.  File the AAA case and send it to the attorney. See what they do next.

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36 minutes ago, fisthardcheese said:
 

Midland seems to be more accepting of Midland cases these days.  But either way, Midland won't follow through.  Since NY law requires the notice before hand and this attorney has asked that they be sent the AAA demand, I would do just that.  Although I generally dislike the idea of starting the arbitration case before an MTC is granted, with this unique NY law and the attorney asking for it, I would go ahead and do it.  File the AAA case and send it to the attorney. See what they do next.

@fisthardcheese This is for $18K. Other than with a court order to compel, does Midland have another way around AAA's refusal to accept claims with them? Or, has Midland come into compliance with AAA's rules and paid up? 

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15 hours ago, Brotherskeeper said:

@fisthardcheese This is for $18K. Other than with a court order to compel, does Midland have another way around AAA's refusal to accept claims with them? Or, has Midland come into compliance with AAA's rules and paid up? 

I meant to say AAA seems to be more accepting of Midland cases these days.  I don't know if they are in compliance with AAA or not or if a court order would be required.  However, I don't feel it really matters in this case.  If AAA rejects the case, then OP will have to follow up with an MTC.

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I haven't found any case laws that I can use to answer interrogatories with an objection. I have demanded private contractual arbitration to resolve this dispute, and believe answering plaintiff's request #x may constitute a waiver of some or all of my arbitration rights.

What can I answer for 1? I gave a General Denial without any affirmative defense. Can I write something like Deny: None known at this time, will supply when available?

Can I really answer 2-8 and 10 with “Objection: I am without knowledge and information to admit plaintiffs interrogatory #x and therefore deny same.”? Or “Objection. Plaintiff’s request should be accessible to Plaintiff from plaintiff's own files, from documents or information already in plaintiff's possession.

Or for 8 can I put “Deny Defendant states that he owes nothing to the Plaintiff.”

Do I provide an address for 9 or can I use “Objection I am without knowledge and information to admit plaintiffs interrogatory #x and therefore deny same.”

What am I suppose to enter for 11 and 12? The same as 1 None known at this time, will supply when available.

=============================================================================================

Each question below request an answer or information relating to CitiBank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234, with statements attached as Exhibit A, and your responses should be directed thereto.

    1. With respect to every affirmative defense alleged by you in your answer to the Plaintiff's Complaint, please set forth:

a) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense. As to each such person, state specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

Answer:

b) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates. Attach hereto a copy of each “document”.

Answer:

    2. Set forth the total mount that the Defendant claims is owed Citibank, NA (Costco Anywhere Visa Card by C), Account Number              ending in 1234; and if payment has been made, set forth the date, amount, place where payment was made and attach copies of all          receipts.

Answer:

     3. What, if any, credits, allowances or deductions do you claim to be entitled to which have not been given by the Plaintiff with                  regard to the account which is the subject matter of Plaintiff's Complaint? In answering this Interrogatory, specify the amount of            each such credit, or state in detail on what you base the claim for each such credit.

Answer:

       4. Did you periodically receive statements from Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234            indicating the total balance due and owing on said amount?

Answer:

  1. Did you or your agents, servants or attorneys ever notify Citibank, NA (Costco Anywhere Visa Card by C) that the amount claimed to be owed on Account Number ending in 1234 was disputed?

    1. a) If yes, please provide the exact dates that said disputes were made, state the subject matter of each dispute in detail, and attach hereto any and all documentation sent by Defendant to the original creditor with regard to each dispute.

Answer:

  1. If you allege that you have not been credited for payments made on Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234, please provide a detailed accounting of said payments including the dates of said payments, the amount of said payments, and copies of any and all cancelled checks for said payments.

Answer:

  1. If you allege that there were disputed charges on Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234, please provide an accounting of all charges, and any and all correspondence between yourself and the original creditor regarding the disputed charges.

Answer:

  1. If the Defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in Plaintiff's Complaint which is not elicited by the foregoing Interrogatories, identify and describe same.

Answer:

  1. At what address(es) did you live at from MONTH DAY, 2005 to the present? Please list the address(es) and the years at such address(es).

Answer:

  1. If you allege that any individual has opened credit accounts in your name and without permission, annex hereto any and all information regarding said individual including but not limited to his/her name, address and telephone number, as well as your relationship to said individual.

Answer:

  1. Please attach hereto any documents that Defendant intends to produce at the time of trial that have been previously referenced and/or attached to Defendant’s preceding Interrogatory responses.

Answer:

12.Identify all persons whom you expect to call as fact witnesses and expert witnesses at trial. For each such expert, state the subject matter for which the expert is expected to testify, the substance of the findings and opinions which the expert is expected to testify, and a summary of the grounds for each opinion.

Answer:

 

The answers given to the above questions are true and complete to the best of my knowledge.

 

Defendant’s Signature____________________________

(Sworn Before a Notary Public)

 

Sworn to before me this______day of ____,2019

Notary Public Signature__________________________

 

 

Dated: July 26, 2019 PRESSLER, FELT & WARSHAW, LLP

Attorney for Plaintiff

305 Broadway, 9th Floor

New York, NY 10007

(516) 222-7929

By: Different attorney than the one that filed

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As far as I know, Midland Funding Llc, State of Organisation Delaware is not in good standing with the Secretary of State, also, they claim to be a „Debt Portfolio Company“, not a Collection Company.

I have checked with some other States, Midland Funding LLC is pretty shady!

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On 8/1/2019 at 12:06 PM, Brotherskeeper said:

In some states, posters here answer interrogatories with an objection, and that private contractual arbitration has been elected pursuant to the subject account agreement's arbitration clause.

I decided to play it safe and as @Brotherskeeper pointed to object for arbitration.  Below is what I'm going to mail tomorrow.

 

Supreme Court of the State of New York

County of Suffolk

------------------------------------

Index No.202531/2019

------------------------------------

Midland Funding LLC (Plaintiff)

 

--against—

 

Bob Smith (Defendant)

 

 

DEFENDANT’S ANSWERS TO PLAINTIFF'S INTERROGATORIES

NOW COMES Defendant, appearing Pro Se objections that private contractual arbitration has been elected pursuant to the subject account agreement's arbitration clause. As such, Defendant's participation in Plaintiff's litigation discovery may demonstrate conduct inconsistent with his assertion of a right to arbitrate. Any discovery requests are to be decided by the arbitration administrator according to the rules of the arbitration forum

    1.  

INTERRAGATORY 1A: With respect to every affirmative defense alleged by you in your answer to the Plaintiff's Complaint, please set forth: “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense. As to each such person, state specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

ANSWER 1A: Objection. I have demanded private contractual arbitration to resolve this dispute, and believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 1B: With respect to every affirmative defense alleged by you in your answer to the Plaintiff's Complaint, please set forth: “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates. Attach hereto a copy of each “document”.

 

ANSWER 1B: Objection. I have demanded private contractual arbitration to resolve this dispute, and believe answering plaintiff's request may constitute a waiver of some or all of my arbitration rights.

 

 

    1. INTERRAGATORY 2: Set forth the total mount that the Defendant claims is owed Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234; and if payment has been made, set forth the date, amount, place where payment was made and attach copies of all receipts.

 

ANSWER 2: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

    1. INTERRAGATORY 3: What, if any, credits, allowances or deductions do you claim to be entitled to which have not been given by the Plaintiff with regard to the account which is the subject matter of Plaintiff's Complaint? In answering this Interrogatory, specify the amount of each such credit, or state in detail on what you base the claim for each such credit.

 

ANSWER 3: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 4: Did you periodically receive statements from Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234 indicating the total balance due and owing on said amount?

 

ANSWER 4: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 5: Did you or your agents, servants or attorneys ever notify Citibank, NA (Costco Anywhere Visa Card by C) that the amount claimed to be owed on Account Number ending in 1234 was disputed?

 

ANSWER 5: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 6: If you allege that you have not been credited for payments made on Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234, please provide a detailed accounting of said payments including the dates of said payments, the amount of said payments, and copies of any and all cancelled checks for said payments.

 

ANSWER 6: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 7: If you allege that there were disputed charges on Citibank, NA (Costco Anywhere Visa Card by C), Account Number ending in 1234, please provide an accounting of all charges, and any and all correspondence between yourself and the original creditor regarding the disputed charges.

 

ANSWER 7: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

 

INTERRAGATORY 8: If the Defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in Plaintiff's Complaint which is not elicited by the foregoing Interrogatories, identify and describe same.

 

ANSWER 8: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 9: At what address(es) did you live at from MONTH DAY, 2005 to the present? Please list the address(es) and the years at such address(es).

 

ANSWER 9: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 10: if you allege that any individual has opened credit accounts in your name and without permission, annex hereto any and all information regarding said individual including but not limited to his/her name, address and telephone number, as well as your relationship to said individual.

 

ANSWER 10: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

 

INTERRAGATORY 11: Please attach hereto any documents that Defendant intends to produce at the time of trial that have been previously referenced and/or attached to Defendant’s preceding Interrogatory responses.

 

ANSWER 11: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

INTERRAGATORY 12: Identify all persons whom you expect to call as fact witnesses and expert witnesses at trial. For each such expert, state the subject matter for which the expert is expected to testify, the substance of the findings and opinions which the expert is expected to testify, and a summary of the grounds for each opinion.

 

ANSWER 12: Objection. I have demanded private contractual arbitration to resolve this dispute, and

believe answering plaintiff's request may constitute a waiver of some or all of my

arbitration rights.

 

 

 

 

The answers given to the above questions are true and complete to the best of my knowledge.

 

Defendant’s Signature____________________________

(Sworn Before a Notary Public)

 

Sworn to before me this______day of ____,2019

 

Notary Public Signature__________________________

 

 

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I will be mailing out my AAA Demand for Arbitration form.

@fisthardcheese "I always use the email address at the bottom of the instructions to send in my AAA case filings".  I assume they changed their form because there wasn't an email address and if I file online I have to pay the filing fee.  Considering, there isn't a MTC I rather not pay the fee without seeing what Pressler's next move once they receive the ROGs and AAA application.

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On 8/15/2019 at 2:29 AM, Bellona said:

As far as I know, Midland Funding Llc, State of Organisation Delaware is not in good standing with the Secretary of State, also, they claim to be a „Debt Portfolio Company“, not a Collection Company.

I have checked with some other States, Midland Funding LLC is pretty shady!

How did you determine Midland is not in good standing with the state of DE?

The only difference between a “debt portfolio company” and a traditional debt collection agency is that debt portfolio companies purchase defaulted and collect those debts for themselves whereas traditional collection agencies do not purchase accounts.  Instead, they strictly collect for whichever company hires them to collect.  

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11 hours ago, MIOMH said:
    1.  

INTERRAGATORY 1A: With respect to every affirmative defense alleged by you in your answer to the Plaintiff's Complaint, please set forth: “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense. As to each such person, state specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

ANSWER 1A: Objection. I have demanded private contractual arbitration to resolve this dispute, and believe answering plaintiff's request may constitute a waiver of some or all of my arbitration rights.

Correct spelling is Interrogatory.

Is there a reason you left out, "Any discovery requests are to be decided by the arbitration administrator according to the rules of the AAA arbitration forum."? 

You stated in an early post: "I chose the Answer (General Denial) and for defenses the only check box that seemed to apply was "I had no business dealings with Plaintiff"." It also reads: "(Plaintiff lacks standing)" after that statement. Lack of standing is listed as an affirmative defense on that form, although it just states, "Defenses." FYI--Even though you stated an objection to the interrogatories in general and to each specifically, you still may respond to certain ROGS, without waiving the objection. "Without waiving this objection, Defendant has..." This would be for any response that you can answer that can't implicate a waiver and is easily answered. (again FYI). 

(IANAL) To recap:  You have generally denied each complaint allegation. This would include any allegation of being a party to a contract with the original creditor.  You filed an Answer with lack of standing as an affirmative defense, but did not include arbitration as another defense. You don't intend to file a motion to amend your answer. Your research indicates this isn't necessary in order to avoid a waiver of the right under NY case law. You sent the NY CPLR rule-compliant demand for arb to both Plaintiff and the attorney, who now wants to know more from you regarding your claim. You have not filed your MTC yet. 

Fisthardcheese recommended you file a demand with AAA in his Aug.4 post. Did you do this? 

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