Lost in TX Posted June 23, 2022 Report Share Posted June 23, 2022 I am being sued by MCM in TX. Filed my answer in time. Filed motion for pre-trial discovery 6/2. Judge granted Motion for discovery on 6/3. Now I see that MCM filed a motion to Deny Discovery....and also filed an Order denying discovery, which is NOT signed by the judge, only the attorney on 6/10. I was NOT served either of these documents, should I have been? Am I supposed to check the court filings everyday? What do I need to do, if anything. My motion was granted 6/3, is it too late for MCM to try and deny on 6/10 ? Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted June 23, 2022 Report Share Posted June 23, 2022 @texasrocker may know what to do. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 24, 2022 Report Share Posted June 24, 2022 1 hour ago, Bulldoger said: @texasrocker may know what to do. That is a proposed order that they included with their motion as a convenience for the judge to sign if he rules in their favor but they already ruled in your favor so I wouldn't be too concerned about it. Their reasoning under B. Arguments and Authorities is a bunch of B.S. The Texas supreme court has never said any such thing and it is not a "simple and straight forward case" unless they attached everything they have to prove they purchased the debt including the forward flow agreement with their original petition that you were served with. Of course they are required to send you a copy of anything they file with the court. Hopefully you sent discovery soon after the court approved your motion. If not then get it sent off immediately. 1 Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted June 24, 2022 Author Report Share Posted June 24, 2022 22 minutes ago, texasrocker said: That is a proposed order that they included with their motion as a convenience for the judge to sign if he rules in their favor but they already ruled in your favor so I wouldn't be too concerned about it. Their reasoning under "B. Arguments and Authorities is a bunch of B.S. The Texas supreme court has never said any such thing and it is not a "simple and straight forward case" unless they included everything they have to prove they purchased the debt including the forward flow agreement. Of course they are required to send you a copy of anything they file with the court. Hopefully you sent discovery soon after the court approved your motion. If not then get it sent off immediately. I haven’t. I just realized when I saw that I needed to. Do I just respond to what is mentioned on the judges order approving discovery? Is there anything I should absolutely say or not say? Do ask for a witness from Capital One? Their affidavit is from a woman saying she knows my account first hand yet she works for Midland Credit according to LinkedIn. And she signed it in 2020. Any help is much appreciated!! Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 24, 2022 Report Share Posted June 24, 2022 1 hour ago, texasrocker said: That is a proposed order that they included with their motion as a convenience for the judge to sign if he rules in their favor but they already ruled in your favor so I wouldn't be too concerned about it. Their reasoning under B. Arguments and Authorities is a bunch of B.S. The Texas supreme court has never said any such thing and it is not a "simple and straight forward case" unless they attached everything they have to prove they purchased the debt including the forward flow agreement with their original petition that you were served with. Of course they are required to send you a copy of anything they file with the court. Hopefully you sent discovery soon after the court approved your motion. If not then get it sent off immediately. Why did the plaintiff file an opposition and proposed order a week after the judge approved the OP’s request? Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted June 24, 2022 Author Report Share Posted June 24, 2022 Right. And I had no clue of the motion or proposed order. I just happened to look up the case today on my lunch break. Is there something I can do about not being sent a copy? Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted June 24, 2022 Author Report Share Posted June 24, 2022 Also - The forward flow was included, however it only lists (3) data files, there is nothing specific showing that MY info was included. The forward flow agreement date is 11/15/2018, and shows a closing dat of 7/30/2019. My last payment date was 10/01/2018. The account was charged off 05/25/2019. Do any of those dates matter? Or prove anything? Would you mind looking at the documents attached and suggest some things I should answer in my Discovery? Should I ask for all who signed a document to be called as a witness? I am hoping to get it filed and served with the court today. I really appreciate everyone's help on this! Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 24, 2022 Report Share Posted June 24, 2022 20 hours ago, BV80 said: Why did the plaintiff file an opposition and proposed order a week after the judge approved the OP’s request? This is the first time I have ever seen this antic. My opinion is they know they don't have everything they need to prove ownership and this is their last-ditch effort to get out of answering discovery. This is the second time I have seen a JDB refer to their generic bill of sale as the forward flow agreement. I suppose they can label it as anything they want to but it is still just the bogus cookie-cutter bill of sale referencing the true forward flow agreement that we see in virtually every case. The real one is referred to in the wording of this bill of sale as "Forward Flow Receivable Sale Agreement." These idiots are even calling the affidavit signed by their own employee the forward flow agreement. This describes the elements of a real forward flow agreement better than I can- https://library.nclc.org/ca/010503 I am going to provide discovery for this person via PM to slap on them now. 1 Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted June 24, 2022 Author Report Share Posted June 24, 2022 10 minutes ago, texasrocker said: This is the first time I have ever seen this antic. My opinion is they know they don't have everything they need to prove ownership and this is their last-ditch effort to get out of answering discovery. This is the second time I have seen a JDB refer to their generic bill of sale as the forward flow agreement. I suppose they can label it as anything they want to but it is still just the bogus bill of sale referencing the true forward flow agreement that we see in virtually every case. It is referred to in this bill of sale as "Forward Flow Receivable Sale Agreement." These idiots are even calling the affidavit signed by their own employee the forward flow agreement. This describes the elements of a real forward flow agreement better than I can- https://library.nclc.org/ca/010503 I am going to provide discovery for this person via PM to slap on them now. Thank you so much!!! Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted June 24, 2022 Report Share Posted June 24, 2022 Where is the bill of sale or record of transfer between Midland Funding LLC. "The Buyer" to Midland Credit Management Inc.. ? 1 Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted July 7, 2022 Author Report Share Posted July 7, 2022 Just wanted to update everyone on my case - The Judge denied MCM's motion to Deny my Motion for Discovery.....I sent my Discovery request to him certified first class mail, and thanks to @texasrocker I am confident he wont be responding. I have e-filed proof of service and proof of delivery with the court. Is my next step to file a motion to Dismiss with Prejudice once the 30 days have passed for the "hopefully" unanswered discovery request? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted July 8, 2022 Report Share Posted July 8, 2022 3 hours ago, Lost in TX said: Just wanted to update everyone on my case - The Judge denied MCM's motion to Deny my Motion for Discovery.....I sent my Discovery request to him certified first class mail, and thanks to @texasrocker I am confident he wont be responding. I have e-filed proof of service and proof of delivery with the court. Is my next step to file a motion to Dismiss with Prejudice once the 30 days have passed for the "hopefully" unanswered discovery request? No. Let me know when the 30 days is up plus 5-7 more days to allow for slow mail. 1 Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted July 8, 2022 Author Report Share Posted July 8, 2022 Will do. Thank you! Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted July 19, 2022 Report Share Posted July 19, 2022 . Quote Link to comment Share on other sites More sharing options...
Lost in TX Posted July 29, 2022 Author Report Share Posted July 29, 2022 On 7/7/2022 at 8:14 PM, texasrocker said: No. Let me know when the 30 days is up plus 5-7 more days to allow for slow mail. Good morning, I received the discovery paperwork. Would you mind if I sent you a file this weekend? It looks sufficient to me unfortunately! BUT, I don't know **** about **** so maybe you can find an error or some BS somewhere? I would greatly appreciate it. Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 29, 2022 Report Share Posted July 29, 2022 @texasrocker Quote Link to comment Share on other sites More sharing options...
alwayswinning36 Posted July 31, 2022 Report Share Posted July 31, 2022 How are things going so far now in your case? Still waiting for someone to review the discovery you received? Have you considered filing a grievance against those attorneys listed in that motion to deny discovery? It could be that they prepared their motion before yours was approved, but either way they didn't serve a copy of it to you when they should have. That is pretty shady of them to have not done, not serving you as they were legally required to do so. Quote Link to comment Share on other sites More sharing options...
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