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Being Sued By A JDB In Minnesota.


BomberMN
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Hello,

I apologize if I am going about this in the wrong manner but I am new to the forum and fairly ignorant of the legal system/court proceedings.

I'm pretty lost in the woods here and hoping that I may find some guidance.

 

I am being sued by Midland Credit Management Inc via Messerli & Kramer PA over an old credit card debt that they allegedly purchased.

Activity to date:

1. On 07/21/2020 a summons/complaint was left at my parents home by a member of the Anoka County Sheriffs Department while I was living out of town.

  • Process servers Certificate of Service states: Observed my father (verified DVS) in picture window. Knocked and received no answer. Knocked again and my father knocked on the picture window and showed that he was on the phone. My father then opened the far east window and asked "Can I help you?". The process server asked if I was home, my father said "No". The process server asked when I would be home, my father stated that he "did not know". The process server asked if he could leave papers with him to give to me, my father stated "No" and shut the window. Process server left the papers in the storm door jam."
  • My fathers statements of events closely matches that of the process server.  At approximately noon of 07/21/2021 while on a telephone call my father heard a knock at the front door which he disregarded due to the engagement in and nature of the telephone call. Upon hearing a second more persistent round of knocking at the front door my father approached the front living room picture widow and motioned that he was busy with a telephone call. After my father finished his phone call he slid open the far most eastern bedroom window and asked "Can I help you?". The process server asked if I was home, my father said "No". The process server asked when I would be home, my father stated that he "did not know". The process server asked if he could leave papers with him to give to me, my father stated "No" denying service, shut the window and left the room. The complaint/summons was found wedged in the front door the next evening.

2. On 08/05/2020 I served Midland Credit Management Inc via Messerli & Kramer PA the answer to the complaint/summons.

3. On 08/05/2020 I attempted to file with the court my Answer to the summons/complaint but was denied due to there being no case number assigned.

4. On 08/27/2020 I received a proposed Discovery Plan and letter stating to contact Messerli & Kramer PA within 14 days to work out a discovery plan, or if I did not wish to collaborate on a discovery plan attached was a proposed plan that they had formulated, if they didn't hear from me within 14 days they would assume that the proposed plan was acceptable and present it to the court. 

  • On 08/28/2020 I called Messerli & Kramer PA at the number provided within the letter to discuss amendments needed to the proposed discovery plan with the plaintiff's attorney. My phone call was answered by someone other than the plaintiffs attorney who asked for my SSN to bring up the account (which I denied). When I asked to speak with the plaintiffs attorney in regards to the discovery plan I was told that she wasn't available. When I asked the gentleman when she would be available he said he did not know. I then asked if he could please have the plaintiff's attorney contact me in regards to the proposed discovery plan and amendment there of and I was told that she doesn't "reach out" to people. He then informed me that he'd just noticed that the plaintiff's attorney had put a note in my file that they would be willing to discuss settling the debt for the full amount...  To which I again politely asked that the plaintiff's attorney contact me in regards to the proposed discovery plan at her earliest convenience. To date I've received no reply.

5. On 04/29/2021 I received a Notice of Case Filing and Assignment from the court administration.

6. On 04/30/2021 I filed my answer to complaint/summons along with an application for filing In Forma Pauperis at the courthouse.

7. On 05/05/2021 I received A Notice of Filing Order granting my application for filing In Forma Pauperis.

8. On 07/15/2021 I received a Scheduling Order letter from the court administration.

9. On 07/20/2021 I received a letter from Messerli & Kramer PA proposing mediation pursuant to the courts scheduling order and recommending an intermediary that "our office has used in the past". Unfortunately the fourteen days passed by too quickly and I missed the deadline as I was trying to find an impartial intermediary rather than their in house one.

10. On 09/23/2021 an envelope containing Opening Documents, Findings of Fact, Statement of Facts, an Affidavit from their"Legal Specialist" In Support Of Plaintiff's MSJ attesting to knowledge of records, and approximately 1 one year of credit card statements.

 

 

My main objections to their " Findings of Fact are:

1. "That on or about May 25, 2008, Defendant(s) entered into a consumer credit contract with Capital One Bank (USA) N.A., to purchase goods and services on a credit card account"

  • Deny. This is false, the issuer was World's Foremost Bank Cabela's Club Visa. I do not have nor could I find a copy of the agreement but I do have a couple statement listing the issuer as World's Foremost Bank Cabela's Club Visa.

2. "That Defendant(s) were issued a credit card account bearing account number XXXXXXXXXXXX1429 (Account)."

  • Deny. This is false, the account issued was XXXXXXXXXXXX0553. I still have an old card bearing this account number.

3. "That Defendant(s) used the account to purchase goods and services and made payments against the outstanding balance of Defendant('s') account."

  • Deny. I do not have enough information to form a belief as to the truth, and therefor deny the allegation.

4. "The Defendant(s) last made payment against the outstanding balance of Defendant(s) account on June 14, 2018."

  • Deny. This is false, per plaintiff's "evidence" the last payment on account was 07/16/2021.

5. "Defendant(s) failed to pay the installments due under the contract and that such a failure constitutes default."

  • Deny. Without a contract I do not have enough information to form a belief as to the truth, and therefor deny the allegation.

6. "There remains an outstanding account balance due of $4,393.50."

  • Deny. I do not have enough information to form a belief as to the truth, and therefor deny the allegation.

7. "Defendant(s) was/were duly served with the Summons and Complaint on July 21, 2020.

  • Deny. It's my belief that the complaint and summons were not served properly pursuant to rule 4 of Minnesota Court Rules of Civil Procedure.

 

Furthermore I dispute that I owe the plaintiff Midland Credit Management Inc. or Messerli & Kramer PA anything. I have never entered into contract, signed any agreement, purchased/traded any goods or services with either of the aforementioned parties. I also to the best of my knowledge do not beleive that any agreement was signed with the alleged OC Capital One (USA).  I have been provided with no evidence validating the alleged debt such as; a purchase agreement, bill of sale, assignment of contract, forward flow agreement, list of accounts, nor has the debt been validated.

As far as the only supposed "evidence" provided, the statements and affidavit of debt goes could that be objected to as hearsay?

 

 

I'm trying my darnedest to not let this wreak havoc on my physical, mental, and emotional health as it has in the past but it seems like I am spinning in circles trying to figure out where to go and what to do. Admittedly like I said I'm fairly ignorant when it comes to the legal system and court proceedings. I have attempted to find some form of template to write out a response to the plaintiffs MSJ and where to go next but as of yet haven't found anything that seems serviceable.

 

Any assistance, insight, or opinions would be most appreciated.

 

Thank you and have a wonderful day.

 

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Just in case I didn't cover everything.

1. Who is the named plaintiff in the suit? Midland Credit Management, Inc.

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

3. How much are you being sued for? $5126.50

4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA).

5. How do you know you are being sued? (You were served, right?) Served complaint and summons on 07/21/2020

6. How were you served? (Mail, In person, Notice on door) Summons placed (wedged) in front door of parents home.

7. Was the service legal as required by your state? Unsure. I am unsure if "drop service" is allowed in MN or even legal if not face-to-face.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, unrecognized sender unopened and discarded as junk mail.

9. What state and county do you live in? Minnesota, Anoka County.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 07/16/2018.

11. When did you open the account (looking to establish what card agreement may be applicable)? 2008.

12. What is the SOL on the debt? To find out: 6 years.

13. What is the status of your case? Case is listed as open. Plaintiff has filed for an MSJ.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I was unaware of this option.

15. Did you request debt validation before the suit was filed? No, I had no contact with the plaintiff prior to the complaint/summons.

16. How long do you have to respond to the suit? (This should be in your paperwork). I am unsure. Answer has been filed, I attempted to contact plaintiff about amending discovery agreement but was not answered, now paperwork and MSJ arrived from plaintiff recently.

17. What evidence did they send with the summons? Nothing with summons/complaint. I recently received on 09/23/2021 an envelope containing Opening Documents, Findings of Fact, Statement of Facts, an Affidavit from their"Legal Specialist" In Support Of Plaintiff's MSJ attesting to knowledge of records, and approximately 1 one year of credit card statements.

18.  How did you find out about this site? I came across this site while researching via DuckDuckGo.

 

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The problem is that you called them and they refused to listen to your objections regarding the discovery plan. At that point, you should have put it in letter form and had your objections served in the same manner as your answer. The attorney would have had to listen to that.

At this point, since you did not participate in discovery, they might be able to get your answers to admissions deemed as admitted. However, you can state that you tried to contact the attorney's office on 28 August 2020 and show that you had objections to the plan that went unheeded by their office. Also, the 1 year of statements can be an issue. You also don't know who the real bank was behind the credit card. It could have been very well be Capital One.

In any case, you have a limited about of time now to file a motion to oppose summary judgement where you state that there are material facts that need the judge to decide. You file that with the court and send a copy to the plaintiff. I am sure you can find the form online.

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17 hours ago, BomberMN said:

4. On 08/27/2020 I received a proposed Discovery Plan and letter stating to contact Messerli & Kramer PA within 14 days to work out a discovery plan, or if I did not wish to collaborate on a discovery plan attached was a proposed plan that they had formulated, if they didn't hear from me within 14 days they would assume that the proposed plan was acceptable and present it to the court. 

  • On 08/28/2020 I called Messerli & Kramer PA at the number provided within the letter to discuss amendments needed to the proposed discovery plan with the plaintiff's attorney. My phone call was answered by someone other than the plaintiffs attorney who asked for my SSN to bring up the account (which I denied). When I asked to speak with the plaintiffs attorney in regards to the discovery plan I was told that she wasn't available. When I asked the gentleman when she would be available he said he did not know. I then asked if he could please have the plaintiff's attorney contact me in regards to the proposed discovery plan and amendment there of and I was told that she doesn't "reach out" to people. He then informed me that he'd just noticed that the plaintiff's attorney had put a note in my file that they would be willing to discuss settling the debt for the full amount...  To which I again politely asked that the plaintiff's attorney contact me in regards to the proposed discovery plan at her earliest convenience. To date I've received no reply.

 

 

Never call a JDB (or their attorney's office) for any reason and do not answer your phone if they call you.

Also ignore any letters from them. 

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9 hours ago, texasrocker said:

Never call a JDB (or their attorney's office) for any reason and do not answer your phone if they call you.

Also ignore any letters from them. 

Ummmm, he has been sued by the JDB and they have gotten to the stage in Minnesota where a case has been filed in court and the JDB is now looking for a summary judgement. The OP cannot simply ignore letters at this point. I agree with not talking to them on the phone but the courts require at least some communication between the OP and the JDB Attorneys.

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to work out a discovery plan

9 hours ago, WhoCares1000 said:

Ummmm, he has been sued by the JDB and they have gotten to the stage in Minnesota where a case has been filed in court and the JDB is now looking for a summary judgement. The OP cannot simply ignore letters at this point. I agree with not talking to them on the phone but the courts require at least some communication between the OP and the JDB Attorneys.

Unless there is a rule specific to Minnesota the only time written communication is needed would be a "meet and confer" letter strategically sent in the discovery process to show the court in a motion to compel answers to discovery that you have exhausted every option and they still have not answered discovery.  

The summary judgment procedure is handled in the court with the defendant now filing a response to the MSJ and then a hearing.

Unless it is specified in the rules I would never advise to answer any of their letters especially to someone as gullible as this OP was to fall for "to work out a discovery plan."

What is  "Ummmm"? 

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Under the Pocket Docket Process, once an answer is filed, the parties are required to work out a discovery plan and perform discovery out of court. It is expected that the parties will meet and confer during this process. You cannot simply ignore the discovery process, even if the case has not been filed in court yet.

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On 10/14/2021 at 2:11 PM, WhoCares1000 said:

Under the Pocket Docket Process, once an answer is filed, the parties are required to work out a discovery plan and perform discovery out of court. It is expected that the parties will meet and confer during this process. You cannot simply ignore the discovery process, even if the case has not been filed in court yet.

 Discovery is typically performed out of court anyway but as I said unless your state's rules require it there is not any meet and confer involved.  Obviously if you receive a list of discovery items sent via certified mail that they want the defendant to answer it must be answered. 

I was referring to the "spam" type of letters JDB's typically bombard with threats and offers to settle etc.  These should go straight to the proverbial circular file.

This OP screwed up royally by allowing eight months to transpire sitting and waiting for the other party to make the next move.  He/she could have gained the upper hand by sending the JDB discovery on 08/28/2020.  Of course the next move of a halfway decent attorney is going to be a MSJ sprung before they get slammed with want of prosecution.

 

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The OP might be able to fix this but time is of the importance. He needs to oppose their MSJ and try to find proof that he attempted to contact the law office with his discovery objections and they refused to listen to them.

What messed you up is Minnesota' unique pocket docket rules. The dates look messed up because discovery was done before the court filing. In Minnesota, that is standard practice. In fact, after the 2008 Star Tribune expose on the practice, the legislature changed some of the rules and one of the rule changes is that if the defendant properly files an answer, the case MUST be filed in court within 1 year of the date of service or the case is dismissed WITH prejudice. That is why they filed in April and and now doing the MSJ.

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4 hours ago, WhoCares1000 said:

The OP might be able to fix this but time is of the importance. He needs to oppose their MSJ and try to find proof that he attempted to contact the law office with his discovery objections and they refused to listen to them...
 

Sounds to me like he needs to hire a good attorney.

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