Jump to content

MCM (CAPITAL ONE) -MOTION FOR DISCOVERY APPROVED - MCM TRYING NOW TO DENY


Recommended Posts

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 ?

 

MOTION TO DENY DISCOVERY_LI.jpg

APPROVAL PRETRIAL DISCOVERY_L.jpg

ORDER DENYING DISCOVERY_LI.jpg

Link to comment
Share on other sites

  • Lost in TX changed the title to MCM (CAPITAL ONE) -MOTION FOR DISCOVERY APPROVED - MCM TRYING NOW TO DENY
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.

  • Like 1
Link to comment
Share on other sites

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!!

Link to comment
Share on other sites

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?

Link to comment
Share on other sites

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!

_Summary Exhibits__Page_1.jpg

_Summary Exhibits__Page_2.jpg

_Summary Exhibits__Page_3.jpg

_Summary Exhibits__Page_4.jpg

Link to comment
Share on other sites

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. 

  • Like 1
Link to comment
Share on other sites

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!!! 

Link to comment
Share on other sites

  • 2 weeks later...

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?

 

 

Link to comment
Share on other sites

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.

  • Like 1
Link to comment
Share on other sites

  • 2 weeks later...
  • 2 weeks later...
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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.