How to respond to Midland Request for Admissions. Help needed.
Date: Tue, 05/10/2011 - 20:03
I received a collection letter(with 30 day notice on bottom) in January from Midland Funding via Fulton, Friedman and Gullace. I didn't recognize the debt, so I sent a debt validation letter to them the within 3 days via CMRR. They got it around January 18, 2011. I never heard back from them until March, when I got letters from defense attorneys stating I was being sued. I again immediately sent a debt validation notice to both Fulton and Midland. Saturday I received a notice of service attached to my door. I have never received any reply to my validation letters.
The case is in a Justice of the Peace court in Harris County, Texas.
The complaint's "Exhibit A" consisted of a blank CHASE contract, a single CHASE statement and an affidavit from Susan Rasmussen, a Midland Funding employee. The complaint is below.
Midland Funding LLC In The Justice Court
Assignee of Chase Bank USA, N.A. Precinct * Place 1
Plaintiff Harris County, Texas
VS
Defendant
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
This suit is on a debt. Defendant can be served with process at the address below:
I.
Plaintiff midland Funding LLC assignee of CHASE BANK USA, N.A. requests discovery be conducted at level 1 (TRCP 190.2). In the usual course of business, Midland Funding LLC assignee of Chase Bank
And/or its predecessor extended credit to ME for the purposes of goods, wares, merchandise, services, or for cash advances. ME or one duly authorized accepted, used and derived benefit from the credit account. “Exhibit A†represents the evidence of the balance due as liquidated damages resulting from ME use of credit account.
II.
ME failure to honor payment obligations created a balance due and owing to Midland Funding LLC assignee of CHASE Bank as shown in “Exhibit A.†Despite midland Funding LLC assignee of CHASE BANK timely demand for payment, payment has not been forth coming. All conditions precedent have been performed.
III.
The breach of ME led Midland Funding LLC assignee of CHASE BANK to employ the undersigned law firm to file suit, necessitating a reasonable fee for attorney services.
PRAYER
Plaintiff Midland Funding assignee of CHASE BANK prays for judgement against defendant be granted for $6000+, plus reasonable attorney’s fees, court costs, post judgement interest at a rate allowable by law, and such other further relief, legal or equitable, as tis court deems appropriate.
Respectfully submitted,
Fulton, Friedman & Gullace, LLP
Attorneys in the Practice of Debt Collections
By:_______________________________
Johnetta Lang, ESQ SBN#24036943
The Binz Building
1001 Texas Avenue
ATTORNEYS FOR THE PLAINTIFF
Midland Funding LLC In The Justice Court
Assignee of Chase Bank USA, N.A. Precinct * Place 1
Plaintiff Harris County, Texas
VS
Defendant
PLAINTIFF’S REQUEST FOR ADMISSIONS
COMES NOW the plaintiff in the above titled and numbered cause, through undersigned counsel, and serves Plaintiff’s Request for Admissions to Defendant. Pursuant to rule 198 of the Texas Rules of Civi Procedure, you are requested to admit the truth to each of the relevant matters stated in the following list of facts requested to be admitted and to admit to the genuineness of each of the relevant documents described in and exhibited with the attached requested admissions, if ay within 50 days of service of this request. A response must fairly meet the substance of the request, and each request is considered admitted without the necessity of a court order unless the response is timely served by delivering or causing to be delivered to the undersigned attorney of record for Plaintiff, a statement denying specifically each matter of which an admission is required or stating in detail the reason that the responding party cannot respond to the request.
The following definitions apply to Plaintiff’s Request for Admissions:
“Account†shall mean the account, subject of this suit, as reflected in “Exhibit A†of Plaintiff’s Original Petition XXXXXXXXXXXXXXXX.
“Defendant†shall mean the defendant of Defendant of this suit on whom these Request for Admissions are directed and served.
“Original Assignor†shall mean the original credito of the account, subject of this suit, assignee of CHASE BANK USA.
ADMIT OR DENY the following:
1. Admit Defendant entered into agreement whereby Plaintiff or Plaintiff's original assignor extended credit to Defendant. Response:
2. Admit Defendant, or another with permission of Defendant accepted credit for purchase of goods, wares, merchandise, services, or for cash advances. Response:
3. Admit the prices charged for goods referred to in Request 2 were the prices agreed to by Defendant or another with permission. Response:
4. Admit D received periodic statements summarizing accounts billings. Response:
5. Admit defendant promised to pay Plaintiff or Plaintiff's original assignor on the account. Response
6. Admit Defendant made payments to Plaintiff or Plaintiff's assignor. Response:
7. Admit there is an unpaid balance on the account due and owing from Defendant to Plaintiff. Response:
8. Admit the balance due and owing to the Plaintiff from Defendant on the account, after all offsets, payments, claims, and credits is at least $6000+. Response:
9. Admit that more than 30 days ago, Plaintiff presented to Defendant a demand for payment of outstanding balance. Response:
10. Admit Defendant has failed to pay Plaintiff on the account. Response:
11. Admit that due to Defendants nonpayment of the account, Plaintiff has obtained the law firm representing Plaintiff herein to file suit on the account. Response:
12. Admit the debt, the subject of this suit, is just due and unpaid. Response:
13. Admit Defendant has no documents which support any defense in the cause. Response:
Request for Production No. 1
If your response to request for Admission No. 14 is anything other than Admit, produce all documents which support your defense.
14. Admit Defendant has no offset, credit, or claim against Plaintiff. Response: (I think I have a counterclaim for FDCPA and TDCPA (Texas) viloations)
15. Admit Defendant consents to this court’s jurisdiction. Response:
16. Admit Plaintiff's predecessors conveyed, transferred, assigned rights to the account to Plaintiff. Response:
PLAINTIFF’S REQUEST FOR DISCLOSURE
COMES NOW the plaintiff in the above-entitled and numbered cause, through undersigned counsel, and serves Plaintiff’s Request for Disclosure to Defendant. Pursuant to Rule 194, you are requested to disclose within 50 days of service of this request, the information or material described in Rule 194.2(a)-(f), (i), and (l) of the Texas rules of civil procedure.
Respectfully submitted,
Fulton, Friedman & Gullace, LLP
Attorneys in the Practice of Debt Collections
By:_______________________________
Johnetta Lang, ESQ SBN#24036943
The Binz Building
1001 Texas Avenue
ATTORNEYS FOR THE PLAINTIFF
Not really sure if I need to answer Petition, Request for Admission, Request for Disclosure or all of the above.
I thik I have obvious FDCPA violations, and possible Texas violations, but I have heard both sides of the COUNTERSUIT issue. Some say do it, and it gives you some leverage. Some say don't do it, or they might hire a more competent attorney to handle the case.
Never been here before, so I could use any and all help from some of the more experienced members of the forum.
The case is in a Justice of the Peace court in Harris County, Texas.
The complaint's "Exhibit A" consisted of a blank CHASE contract, a single CHASE statement and an affidavit from Susan Rasmussen, a Midland Funding employee. The complaint is below.
Midland Funding LLC In The Justice Court
Assignee of Chase Bank USA, N.A. Precinct * Place 1
Plaintiff Harris County, Texas
VS
Defendant
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
This suit is on a debt. Defendant can be served with process at the address below:
I.
Plaintiff midland Funding LLC assignee of CHASE BANK USA, N.A. requests discovery be conducted at level 1 (TRCP 190.2). In the usual course of business, Midland Funding LLC assignee of Chase Bank
And/or its predecessor extended credit to ME for the purposes of goods, wares, merchandise, services, or for cash advances. ME or one duly authorized accepted, used and derived benefit from the credit account. “Exhibit A†represents the evidence of the balance due as liquidated damages resulting from ME use of credit account.
II.
ME failure to honor payment obligations created a balance due and owing to Midland Funding LLC assignee of CHASE Bank as shown in “Exhibit A.†Despite midland Funding LLC assignee of CHASE BANK timely demand for payment, payment has not been forth coming. All conditions precedent have been performed.
III.
The breach of ME led Midland Funding LLC assignee of CHASE BANK to employ the undersigned law firm to file suit, necessitating a reasonable fee for attorney services.
PRAYER
Plaintiff Midland Funding assignee of CHASE BANK prays for judgement against defendant be granted for $6000+, plus reasonable attorney’s fees, court costs, post judgement interest at a rate allowable by law, and such other further relief, legal or equitable, as tis court deems appropriate.
Respectfully submitted,
Fulton, Friedman & Gullace, LLP
Attorneys in the Practice of Debt Collections
By:_______________________________
Johnetta Lang, ESQ SBN#24036943
The Binz Building
1001 Texas Avenue
ATTORNEYS FOR THE PLAINTIFF
Midland Funding LLC In The Justice Court
Assignee of Chase Bank USA, N.A. Precinct * Place 1
Plaintiff Harris County, Texas
VS
Defendant
PLAINTIFF’S REQUEST FOR ADMISSIONS
COMES NOW the plaintiff in the above titled and numbered cause, through undersigned counsel, and serves Plaintiff’s Request for Admissions to Defendant. Pursuant to rule 198 of the Texas Rules of Civi Procedure, you are requested to admit the truth to each of the relevant matters stated in the following list of facts requested to be admitted and to admit to the genuineness of each of the relevant documents described in and exhibited with the attached requested admissions, if ay within 50 days of service of this request. A response must fairly meet the substance of the request, and each request is considered admitted without the necessity of a court order unless the response is timely served by delivering or causing to be delivered to the undersigned attorney of record for Plaintiff, a statement denying specifically each matter of which an admission is required or stating in detail the reason that the responding party cannot respond to the request.
The following definitions apply to Plaintiff’s Request for Admissions:
“Account†shall mean the account, subject of this suit, as reflected in “Exhibit A†of Plaintiff’s Original Petition XXXXXXXXXXXXXXXX.
“Defendant†shall mean the defendant of Defendant of this suit on whom these Request for Admissions are directed and served.
“Original Assignor†shall mean the original credito of the account, subject of this suit, assignee of CHASE BANK USA.
ADMIT OR DENY the following:
1. Admit Defendant entered into agreement whereby Plaintiff or Plaintiff's original assignor extended credit to Defendant. Response:
2. Admit Defendant, or another with permission of Defendant accepted credit for purchase of goods, wares, merchandise, services, or for cash advances. Response:
3. Admit the prices charged for goods referred to in Request 2 were the prices agreed to by Defendant or another with permission. Response:
4. Admit D received periodic statements summarizing accounts billings. Response:
5. Admit defendant promised to pay Plaintiff or Plaintiff's original assignor on the account. Response
6. Admit Defendant made payments to Plaintiff or Plaintiff's assignor. Response:
7. Admit there is an unpaid balance on the account due and owing from Defendant to Plaintiff. Response:
8. Admit the balance due and owing to the Plaintiff from Defendant on the account, after all offsets, payments, claims, and credits is at least $6000+. Response:
9. Admit that more than 30 days ago, Plaintiff presented to Defendant a demand for payment of outstanding balance. Response:
10. Admit Defendant has failed to pay Plaintiff on the account. Response:
11. Admit that due to Defendants nonpayment of the account, Plaintiff has obtained the law firm representing Plaintiff herein to file suit on the account. Response:
12. Admit the debt, the subject of this suit, is just due and unpaid. Response:
13. Admit Defendant has no documents which support any defense in the cause. Response:
Request for Production No. 1
If your response to request for Admission No. 14 is anything other than Admit, produce all documents which support your defense.
14. Admit Defendant has no offset, credit, or claim against Plaintiff. Response: (I think I have a counterclaim for FDCPA and TDCPA (Texas) viloations)
15. Admit Defendant consents to this court’s jurisdiction. Response:
16. Admit Plaintiff's predecessors conveyed, transferred, assigned rights to the account to Plaintiff. Response:
PLAINTIFF’S REQUEST FOR DISCLOSURE
COMES NOW the plaintiff in the above-entitled and numbered cause, through undersigned counsel, and serves Plaintiff’s Request for Disclosure to Defendant. Pursuant to Rule 194, you are requested to disclose within 50 days of service of this request, the information or material described in Rule 194.2(a)-(f), (i), and (l) of the Texas rules of civil procedure.
Respectfully submitted,
Fulton, Friedman & Gullace, LLP
Attorneys in the Practice of Debt Collections
By:_______________________________
Johnetta Lang, ESQ SBN#24036943
The Binz Building
1001 Texas Avenue
ATTORNEYS FOR THE PLAINTIFF
Not really sure if I need to answer Petition, Request for Admission, Request for Disclosure or all of the above.
I thik I have obvious FDCPA violations, and possible Texas violations, but I have heard both sides of the COUNTERSUIT issue. Some say do it, and it gives you some leverage. Some say don't do it, or they might hire a more competent attorney to handle the case.
Never been here before, so I could use any and all help from some of the more experienced members of the forum.
You'll need to answer petition, request for admission, request f
You'll need to answer petition, request for admission, request for disclosure. Consult a lawyer to draft the answer correctly.
Do you answer all of these in the same document, and do they all
Do you answer all of these in the same document, and do they all go in in the Monday ten days time limit? I have my answer almost complete, but I don't really know how to answer the paragraphs I, II and III. They seem more like statements than something to respond to. I will attach my answer, in hopes I will get help with any errors, and also to help anyone else who is dealing with them.
Update # 1 Midland obviously did get my validation request, be
Update # 1
Midland obviously did get my validation request, because they sent me a letter and 5 statements with late fees on them. Not sure what to make of it yet. Does anyone know what a JDB usually gets when they buy a debt portfolio?
A disk with some statements, an account number, and sometimes a
A disk with some statements, an account number, and sometimes a few other documents. Not usual to get anything signed, and depending on how old the debt was when it was sold, probably not any statements with any activity on them. Just late and/or over limit fees.