Mr.yet, if you're out there, please help!!
Okay here is my situation. I live in KY. In 2002 I got in over my head in debt, (was 21 at the time) and defaulted on a couple of credit cards. I split with my husband as well, contributing to my lack of funds, and I moved back in with my mother. I know I moved in August 2002, and the reason I moved back home was I hadn't been able to pay my bills in July. That being said, I am only 50% sure I did not make July pymts to all accounts. (I may have paid some, but not others. I just know that I was not able to pay 100% of my July bills and paid none of August bills). Anyway, I'm being sued by "Midland Funding NCC-2", basically Midland Credit Management. They are represented by Mapother & Mapother in Louisville. I am so lost, I can't afford an attorney, and I really didn't think it would get this confusing! :(
Here is a breakdown of the timeline:
8/22/07: Received a civil summons via Certified mail, saying I was being sued. *Let me note that this was all new to me, and my summons only stated I had to make a written defense within 20 days. Didn't say to whom. Or where. Summons says I owe $1445.27.
9/7/07: I sent a request to both Midland and Mapother requesting validation of the debt. *I thought this was all I needed to do within the 20 days. So I didn't file anything with the court. So far, however, that has not yet been an issue.
9/10/07. Via receipts (sent debt validation CMRRR), tracked letters and both Mapother and Midland received request for validation.
9/21/07: Received a letter from Mapother claiming that they validated my debt previously on June 15th, 2007 (I never received that, obviously. In June I had no idea they were claiming I owed the debt, why would I have wanted it validated?) It stated acct opened on 6-7-01, OC was Citibank (I don't remember EVER having an acct w/ Citibank, am 100% sure of that), gives me an account # (looks like the credit card #), and says it was opened with a SSN ending in the last 4 digits of ****- same as mine. It also says it was closed on 3-5-2003. That would have been either 8 or 9 months after I first defaulted (seems a little long, but I don't know... ) At the bottom it says I owe $1970.46- this was on 9/21/07. But in the summons dated 8/14/07, it said I owed $1445.27. So somehow in 5 weeks I accumulated anoother $500.00+ to my debt? (Also, I was 21 with limited credit, I had no accounts with a limit above $700.00)
9/27/07: Got a little information from Google and figured out I was supposed to file an answer with the court- so I filed a sworn denial of debt & a request for production of documents. Sent a copy to Midland CMRRR (did not send to Mapother as I had nothing saying they were the attorney on record, and I figure Midland is the one with the documents, not Mapother. In my request, I asked for a copy of the contract signed by me, complete payment history evidencing date of last payment, and all documents evidencing how they arrived at $1445.27 that I owe them.
9/24/07: tracked CMRRR, Midland received the letter.
10/6/07: Wow. Got a large packet from Mapother, regular mail. I thought it was the proof I was so eagearly awaiting. Nope, no such luck. It's a Entry of appearance for Mapother, First request for admissions, first set of interrogatories, and first request for production of documents.
So here I am. I have no idea how to answer these documents, and still don't even know if the debt is even mine or still a valid debt. Some of these questions seem really out there, like they ask for all my addresses within the last 4 years. Have I ever been convicted of a felony? Why does that matter (I have not, of course, my record is clean).
I know this is a lengthy post, and I am sorry. Can anyone please help me?? Specifically I ned to know how do I answer their questions? (They are things like: "You had an acct w/ Plaintiff. RESPONSE:" and "Every statement or allegation contained in plaintiff's Complaint is true and correct. RESPONSE:"
Do I even have to answer them? What if I don't? I'm afraid of them tricking me into perjuring myself.

I read your post but not to be honest, thoroughly since I think you gave me enough info to lead me to believe that you need an atty to represent you. I know you probably do not have the funds to pay an atty but here's what I recommend and try this with at least two maybe three different law firms. Tell them upfront you need help, need to know what the cost might be to represent you, then if you need help paying them, see if they will agree to a payment plan for their fees. You have every right to know the anticipated cost, the likelihood of a successful defense, etc.

Have you received validication of the alleged debt?

Quote:

---

Originally Posted by mr.yet

Have you received validication of the alleged debt?

---

No, all they sent me was a letter saying they already valdated the debt on 6/15/07. That's a bold faced lie, obviously.

This is how I would answer the interrogatories:
"I have no recall of the alleged claim from you, since you have failed the validcate the alleged debt, and I cannot swear under oath to this alleged matter, that would be prejury. Please validciate the alleged claim by producing the original contract with wet ink on it to compare signature." failure to provide validcation of this alleged matter could lead to counter sue for harassment.

Now, this is how I would answer it

Quote:

---

Originally Posted by SHPS

No, all they sent me was a letter saying they already valdated the debt on 6/15/07. That's a bold faced lie, obviously.

---

File a written complaint with the FTC on their failure to validicate the alleged debt, remember you need evidence of that failure, keep copies all documents you send.

Richardbond man, I have yet to met an attorney who first doesn't try to settle out of court. That in itself is laziness. The attorneys are the butts who come up with all this legal mumbojumbo and love to keep us all in-the dark to there schemes and crap. They could care less about you and I . All they want is money in their pockets. Sorry but I don't trust them any more than the jerks filing these suits. In America you still have to prove your case to sue. The Plaintiff must provide proof of the debt, and prove they have authority to collect on the debt.

I would suggest you send request for documents and request for admissions to the plaintiff and court to have on the docket. If they do not produce the information which is likely, then submit a motion to compel, they will of course move to strike this motion. I would then suggest you send a second request for documents, thereafter their response motion to summary judgment and end this crap they are trying to pull. Realize in all likely hood they could win in the lower courts, however if you follow this process and fight them tooth and nail you should have a pretty easy time overturning the judge on appear. Remember, you will more likely be bulldozed fighting yourself and your due process rights being railroaded. This will give you ammunition if you need to fight on appeal. This craze process will last for about 2 yrs. This important thing is to never give up and NEVER, NEVER admit anything to anyone, even a judge. It is the Plaintiffs job to produce proof, not yours. Good luck

I have a difference of opinion with SWAPWAP about attorneys and their unwillingness to go to court, about their so called "laziness", and as to whether SWAPWAP's legal advice is solid legal advice. I still suggest that you see an attorney.

OK then. Name some... I live in GA and have sought and found what I stated to be the case. Of course I can not say EVERY Attorney is that way, but most are.:D

No, I am not an attorney, but I have had no success in finding one willing to fight for due process and my rights without simply wanting large fees in advance.

The point is these DCs are not following the law and Judges give these crooks more power than they deserve, often ruling in their behalf because unschooled citizens don't know any better... who ever heard of suing someone for thousands of $$$$$ when you yourself bought the contract for less than $.07 on the dollar. We need to fight these crooks and alert our elected politicians to their crap.

Quote:

---

Originally Posted by mr.yet

This is how I would answer the interrogatories:
"I have no recall of the alleged claim from you, since you have failed the validcate the alleged debt, and I cannot swear under oath to this alleged matter, that would be prejury. Please validciate the alleged claim by producing the original contract with wet ink on it to compare signature." failure to provide validcation of this alleged matter could lead to counter sue for harrassment.

Now, this is how I would answer it

---

This is what I have done thus far- I answered every item on the admissions as such: I cannot admit or deny the alleged matter without proof of a signed legal contract which has a wet ink signature upon it.
Plaintiff refused to comply with multiple requests for any positive evidence that validates the alleged matter and to answer the Admissions would result in me committing perjury by response to an alleged matter before the court.
On the interrogatories, I answered only my full name and current/ previous addresses. Then answered the rest with the same answer I used on the admissions. Finally, for the production of documents, I used the same answer on questions where they wanted me to produce statements, payment receipts, etc. Then I answered the questions about all the documents I plan to use as evidence. I listed:
A. Civil Summons
B. Defendant’s Request for validation of debt
C. Receipt for mailing item B to Plaintiff
D. Communication from Plaintiff’s attorney dated 09/18/2007.
E. Defendant’s Sworn Denial Of Debt
F. Defendant’s Request for production of documents
G. Receipt for mailing a copy of items E and F to Plaintiff
H. Defendant’s Response to Plaintiff’s first Request for Admissions
I. Defendant’s Response to Plaintiff’s first Set of Interrogatories
J. Defendant’s Response to Plaintiff’s first Request for Production of Documents.
K. Receipt for mailing a copy of items H, I, and J to Plaintiff.
L. Any additional items that may come into my possession after this date that bear relevance to the matter.
I have until November 5th to get these items to their attorney, so I will wait until the very last minute and mail them 2 days early, and overnight them- please, anyone with input, let me know what you think between now and the beginning of November. Anyone else been through this?
Mr.yet, have I answered these documents right in your opinion?

Looks to be OK, since they have failed to validication the alleged matter. By your answer quote "I cannot admit or deny the alleged matter without proof of a signed legal contract which has a wet ink signature upon it." will put them on notice of they failure to provide validication of the alleged matter, and you did not commit prejury by that statement.

They are on a fishing trip for you to provide evidence of the matter for them. THey are the ones you must prove the facts in the alleged matter not you.

I would mail them about 3 days before the deadline, first class mail, with a Certificate of Service.


Certificate of Service.

I hereby certify that on this day___ of _______, 2007 I mail the following documents, Answer to Interrogatories;

Plaintiff of attorney
Address


_________________________________
Your name here.

I totally agree with swapwap, which is why I'm fighting this tooth and nail. I'm not trying to get out of paying my bills- I NEVER had an acct with Citibank, and they refuse to provide me with any proof that I did. WHY would I pay them? Why would anyone? I have no legal obligation to pay a debt that isn't even mine.

I'm inclined to agree somewhat with swapwap. Recently, when I went to court to file an objection to a wage garnishment, the clerk told me I didn't have grounds, then advised me to file a motion for installment payments, instead. I asked for a motion to set aside the underlying judgement, and she told me I would have a "very hard time" with that and wouldn't even give me the form. I went back 2 days later after talking to an attorney at Legal Aid & Defender who walked me through what forms to ask for and how to fill them out, and when I asked the same clerk for a fee waiver request, she told me that no such form was available. She wasn't aware of its existence, and she was very sure that I couldn't have one until I told her that I had just gotten off the phone with an attorney who had assured me that every courthouse in the state of Michigan should have that form. Then she walked over to a desk drawer and pulled one out like a rabbit out of a hat.
I won the motion because the other side didn't show up, but it was a narrow victory, as the judge started the hearing by implying that I hadn't given proper notice to the plaintiff, and had to call the clerk into the courtroom to show him that the court had sent the notice to them, so it wasn't even my responsibility.
Although I'm loath to give money to a lawyer, that's preferable to paying $7,000 worth of interest on a month's worth of groceries I bought 6 years ago. And besides that, the prevailing attitude seems to be that if one can't afford an attorney, one somehow deserves to be bullied and lied to. So, does anybody know a decent, cheap lawyer in southeast Michigan? Bob, I love capitalism!

SHPS- Keep up the fight. I would also argue that the plaintiff is not entitled to sue, He has not shown due diligence which is required before filing a suit, why, because he can't produce documents with your signature or anything else.

I'm sure the attorneys are stating that they are suing for their client. I would ask for proof of that as well. To even be able to argue any entitlement for a civil lawsuit, you have to prove two things. Doesn't look like they have done that. These are two requirements for a suit. There must be evidence of a complaining party and injury to complaining party. That with a complaint on him not answering admissions with proof and you might try motioning the court for a summary judgment. Worst case is that the judge would deny it... you might want to use this as well.

L... for a Defendant who is unschooled in the law

And ask that the court take Judicial Notice of the enunciation of principles as

Stated in “Haines v. Kerner, 404 U.S. 519,” wherein the court has directed that

Those who are unschooled in law making pleadings and/or complaints shall have

The court look to the substance of the pleadings rather than the form, and also

Hereby makes the attached memorandum, including the related documents

Attached herewith, in the above-referenced case. Furthermore, Defendant hereby

Requests the judge notify them of any sua sponte, rights or remedies they may

Overlook.

Furthermore, Defendant ask that the court take Judicial Notice that statements of

Counsel in Brief or in oral argument are not facts & before the court, only the

Parties statements made under oath, and the PARTIES pleadings, motions, etc

Carry any weight & counsel is not a & “Party to the suit.”

More good stuff about our wonderful judges and attorney's. Opps. They are one in the same!!

The Warburg Code - HANG A JUDGE CONTEST

I agree with swapwap. I just got a case dismissed using some of his advice and information. Thanks again!

Also, use the power of a notarized affidavit whenever possible and deny everything they are claiming against you. THEY then have to proof it. After all aren't the attorney using signed affidavits from so call persons of knowledge against you? Of course they are. Problem with that is this person signing the affidavit against you has no first hand knowledge. Subpoena the jerk and question them yourself. That is of course if they every show up. These attorney can't testify against you. Nobody without first hand knowledge can testify against you, the only one then with first hand knowledge of the facts of the case is YOU. That is where your Affidavit of Denial plays a powerful role. Your essentially using the same ploy they used on you, back at them. If they subpoena bank statements or anything else it still required someone to authenticate the validity of those records and again that person must have first hand knowledge.

By the way, Don't expect a Judge to stand up for your rights. They won't. They could care less about your rights. In Fact they will let you suffer and even lose because you are ignorant of your rights. How's them apples. Now if this is you. Read up on laws of evidence, admissions and discovery in your court system. They will point you in the right directions.

ALso remember attorney cannot testify for their client, that's hearsay, and you have the right to cross-examine anyone who have knowledge of the alleged matter. Affidavits are only part , you have to rights to cross the perosn you sign the affidaivit.

Your answers could look like this;

OBJECTION: The request is vague and ambiguous not specifically identifying the article inquired about.; “the Account”- fails in specificity- is this a SSN? A travel visa? A driver license? A checking account? And with whom? “the account” is non-specific and undefined; clarification, please. I will not presume what you are seeking . Further: “open” “account number” are also undefined
OBJECTION: the request presumes facts not in evidence: calls for a presumption of Wells Fargo Bank, N.A. as a business entity or company- of which I have no personal knowledge; calls for presumptions also of existence currently of an account, an amount owed, and a presumption of the identity of the Plaintiff absent any authenticated evidence/facts on the record. I do not stipulate Wells Fargo Bank, N.A. is the plaintiff.
OBJECTION: the request is onerous and calls for materials which either never were or are no longer in my possession. I need more information before I can either admit or deny. Please produce the original of the alleged application, original unaltered agreement, verification of service to me of the alleged terms and agreements, all original receipts from alleged point of sale transactions culminating in the alleged total due, the general accounting ledger of Wells Fargo Bank, N.A. (showing Wells Fargo Bank, N.A. itself actually paid alleged vendors, that Wells Fargo Bank N.A. itself provided me benefits and proceeds as alleged, that Wells Fargo Bank, N.A. has retained its purported status as alleged real party in interest), and the heretofore presumed contract that delegated actual authority to David A Bauer to legally represent Wells Fargo Bank, N.A. in lawfully authorized litigation (determined by charter)- then I might have enough information to answer without presumption or speculation and would be delighted to have the opportunity.
Based upon reasonable information and belief, David A Bauer buys charged off debt from Wells Fargo at a rate of six/seven cents on the dollar, then commits fraud by alleging that he is a third party debt collector collecting debts for Wells Fargo Bank. To the best of my knowledge and belief I do not owe Wells Fargo Bank any sum of money; I am not in receipt of any document which verifies I owe a debt to Wells Fargo Bank, n.a.
OBJECTION: vague and ambiguous- “business entity” “company” “owe” “the balance” “N.A.” and “the Account” are non-specific and undefined-what account?
OBJECTION: the request presumes facts not in evidence- that there is an account and there is a balance on it.
OBJECTION: vague and ambiguous- “used” “made” “ the charges” “ created” “the balance” and “the Account” are non-specific and undefined-what account?
OBJECTION: “that created the balance” calls for a legal conclusion

OBJECTION: the interrogatory is onerous and calls for materials which either never were or are no longer in my possession. I can neither admit nor deny, as I have no personal knowledge. You have deprived me of the ability to answer by not being willing or able to produce the ORIGINAL for inspection. I will not stipulate to an alleged copy. Only the person who had real, physical possession of the original and made the alleged copy can attest to the authenticity of some alleged copy and authenticate it for you. That’s your problem; I am not that person. Both the existence and the possession of any alleged original [and unaltered] alleged Agreement remain a mystery , not a fact in evidence.
OBJECTION: vague- “the Wells Fargo Business Line Customer Agreement” is undefined and not in evidence and therefore calls for speculation.

Ask for a dismissal based on objection to account stated. I will explain further should you write me and ask.