Midland Lawsuit in Washington State- Too late to request for admissions from Plaintiff?

[WAState Defendant]

I received a Summons and Complaint from Midland's lawyers (Gordon, Aylworth & Tami) and mailed my response on January 13th, 2020. On January 27th they sent me a First Request for Production of Documents as well as a First Request for Admissions.

 

I've been looking at the forum to see how best I can respond to these.  But I would also like to know if it is too late to send them my own Requests for Documents and Admissions?

 

Thank you.

[Goody_Ouchless]

Depends on the time limits in your local rules. Civil courts tend to be more lax in terms of deadlines. Who is the plaintiff and what are you thinking of requesting?

 

[WAState Defendant]

The Plaintiff is Midland Credit Management.  After further research, I believe I am way past the deadline of 21 days.

[WAState Defendant]

But I do have another question!

Midland sent me a Request for Admissions and also a Request for Production of Documents.  While I am currently trying to work on the response to the Admissions, my response to the Documents seems fairly straightforward since I do not have any of the documents they are requesting. 

 

Do I simply claim "I do not have any such document in my possession, custody, or control"?

Also, this is in King County District Court in Washington State.  Can anyone advise me on a template I can use to answer this Request?

Thanks!

Additional info----------

For some reason they are only looking for documents from me regarding:

 

1.  My belief that they failed to perform their obligations, etc.

2. My objections to the goods that were purchased using the credit card.

3.  Rejection of goods, services purchased with the card

4.  Theft or loss of the card.

5.  Objection to amounts billed on the account

 

 

[Goody_Ouchless]

Others will chime in, but I believe you are supposed to answer truthfully to your name and address, if they are accurate, and then there's a stock answer to the rest - either deny or "lacking sufficient information" - something like that. Otherwise you are deemed to have agreed with everything

 

[WAState Defendant]

Thanks.

I've looked at a few posts on this forums where people showed how they were responding to a Request for Admissions.  I've tried to adapt it to my RFA although I'm a bit confused as to when I should deny and when I should object.  And I believe I read on these forums that in Washington State the court does like it when you simply deny everything, without some explanation.

 

Anybody have experience with this?

 

As always, thanks a bunch!

[WAState Defendant]

Another quick question- Would trying for arbitration be a good option for me?

I have 5 more days to respond to their Requests for Admissions and Documents.  

[Robby8900]

10 minutes ago, WAState Defendant said:

Another quick question- Would trying for arbitration be a good option for me?

I have 5 more days to respond to their Requests for Admissions and Documents.  

Who is the original creditor? 

[WAState Defendant]

11 minutes ago, Robby8900 said:

Who is the original creditor? 

Capital One. $2800.

[Clydesmom]

17 minutes ago, WAState Defendant said:

Another quick question- Would trying for arbitration be a good option for me?

Capital One. $2800.

Unfortunately Cap1 removed arbitration as an option a decade ago.  Unless your account pre-dates that change and you have a survivability clause in the card agreement arbitration will not be possible.

[WAState Defendant]

I apologize in advance for asking about 2 different things in this thread (Arbitration and Request for Admissions) but just trying to cover all my bases!

Question about responding to the RFA:

1.  Defendant entered into a contract with Capital One Bank for a credit card.  The credit card was issued to Defendant under account number ************0000 (the "Account").

I was thinking to respond as below but since these are 2 claims, should I respond differently?:

DENIED to the extent that no contract was attached hereto for evaluation.  

[WAState Defendant]

13 minutes ago, Clydesmom said:

Unfortunately Cap1 removed arbitration as an option a decade ago.  Unless your account pre-dates that change and you have a survivability clause in the card agreement arbitration will not be possible.

Thank you very much for that info.  Now I can focus on responding to Midland's RFA.

[WAState Defendant]

Below I've copied and pasted Midland's RFA to me.  I will appreciate any advice and assistance!

 

1. Defendant entered into a contract with Capital One Bank for a credit card.  The credit card was issued to Defendant under account number ******** (the “Account”).

2. The credit card was issued to Defendant subject to an agreement to repay Capital One Bank for any credit extended on behalf of Defendant thereunder.

3. Defendant used the credit card issued by Capital One Bank to purchased or lease goods or services, obtain cash advances or transfer balances from other credit card accounts, thereby incurring debt on the Account.

4. Pursuant to the contract, Defendant promised and agreed to pay to Capital One Bank its court costs and collection costs in the event of default as permitted by law.

5. Defendant received each and every monthly billing statement for the above-referenced account.

6. Defendant did not notify Capital One Bank of any duties or obligations which Defendant believed Capital One Bank failed to perform pursuant to the contract.

7. Defendant did not provide Capital One Bank with notice of any objection relating to the accuracy, quality, delivery, fitness or merchantability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any pother manner.

8. Defendant never notified Capital One Bank by telephone, in writing or in any other manner that any credit card(s) issued by Capital One Bank to Defendant had been lost, stolen or was being used without Defendant’s permission.

9. Defendant failed to make all agreed upon payments to Capital One Bank.

10. As a result of Defendant’s failure to make payments to Capital One Bank, the Account had an outstanding balance of $2700 as of September 23, 2018 which is the date when Capital One Bank charged off the account.

11. For good and valuable consideration, Plaintiff purchased the Account and contract as described in Plaintiff’s Complaint.

12. Capital One Bank fully assigned its rights under the contract to Plaintiff in the sale.

13. As a result of the sale of Defendant’s account to Midland Credit Management Inc., any monies owed on the Capital One Bank account are now owed to Midland Credit Management.

14. Defendant has not made any other payments, or caused other payments to be made, on Defendant’s indebtedness on the Account for which credit has not heretofore been given.

[WAState Defendant]

Just bumping in case anyone has suggestions for replies.

 

Thanks.

[WAState Defendant]

I need to mail my response by tomorrow so just bumping this one last time.

 

Thanks for all the advice given!

[Amerikaner83]

what do you currently have for Answers to those above questions?   

As stated above, usually some sort of denial or "lacking specific information" works...do you recall each and every notice they sent?  Doubtful.

11-13 are in no way within your ability to Answer, since you do not have any purview or any knowledge of the relationship between Plaintiff and CapOne.