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  1. #1
    Join Date
    Jan 2013
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    6

    Default Debt Collection Law Firm is Not Providing Documents We Have Demanded

    My question involves collection proceedings in the State of: ARIZONA

    Hi,

    Dealing with Midland Funding LLC. Their attorneys have skirted the rules on a continuous and on-going basis. We asked for a forensic validation of debt (a copy of signed application, etc), we did not get one.

    I answered lawsuit and 40 days for discovery expired on Saturday Feb 9th. That same day they served me with a 2nd lawsuit in a separate jurisdiction in the name of the same creditor (my address is now served by a different court - they also have motion to move case to to other jurisdiction). I am not aware of any account, and definitely not 2. I waited til today and called court to complain that they have filed no disclosure, no documents and no evidence at all on original case. My reason in calling is I was going to file a motion for summary judgement, but I know the judge might give them additional time so I was concerned about tipping my hat as to strategy.

    When I called the court, the clerk informed me they filed an affidavit saying they had served me with all disclosure. THEY DID NOT! They served me with another suit. The clerk said I should call them and have them send me the docs. I DISAGREE. That tips my hat that I caught them trying to cheat and I am out 2 weeks in examining those docs. It is obvious to me they intend to use the documentation of that OTHER service to claim they gave me documents on the first case.

    Seems very unethical. Midland has been sued my a multitude of states for it's practice. The law firm has countless complaints against them and a BBB rating of F.

    I intend to go get the documents at the court and file a motion for summary judgment with prejudice as they have failed to comply with disclosure and request the court to conduct an internal investigation and possibly levy sanctions against the firm for attempting to circumvent proper disclosure.

    Am I out of my mind or is their a better way to handle this.

  2. #2
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    Default Re: Debt Collection Law Firm is Not Providing Documents We Have Demanded

    If you served the plaintiff with a formal discovery demand, consistent with the rules of court, and they did not provide a timely answer or objections, you may file a motion to compel.

    We are not parties to the litigation, you have not told us what level of court you are in, so you need to tell us what "all the disclosure" means. For example, that could reference the court's standing discovery order. But once again, if you did not receive materials you were entitled to receive through discovery or by order of the court, you may file a motion to compel.

    The clerk is correct that prior to filing a motion to compel you should indicate to the other party that you have not received the documents you demanded or that the court ordered them to provide. You can forge ahead without notifying them, but you risk wasting the filing fee and having your motion rendered moot when they provide the missing documents.

    A separate lawsuit about a separate account is not relevant to the initial lawsuit.

    If you have never sought to compel discovery, you should expect that the court will deny a motion to dismiss predicated upon your claim that you did not receive a response to discovery.

  3. #3
    Join Date
    Jan 2013
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    6

    Default Re: Debt Collection Law Firm is Not Providing Documents We Have Demanded


    http://www.flickr.com/photos/4234924...in/photostream

    Above is disclosure notice I received with a copy of lawsuit from court.

    I am in the Justice Court system. I would think that the MUST in all caps, larger fonts, and bold print would be strong enough indicator that the court requires all docs to be filed in 40 days. They filed an affadavit 42 days later stating they had "served" me with disclosure. What they served me with is another suit and NO disclosure. It seems a law firm should follow the rules that are in bold print and capitalized.
    Now I lose time to react to the docs and they get to not follow the rules of the court??

  4. #4
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    Default Re: Debt Collection Law Firm is Not Providing Documents We Have Demanded

    If you want to contact them to ask about any documents they claim to have served and are missing, contact them and ask about any documents they claim to have served and are missing.

    If you want to bring a motion to compel discovery, either in relation to those documents or in relation to other documents you properly requested under the governing court rules but were not provided consistent with the governing deadlines, you may bring a motion to compel discovery. But again, it would make sense for you to contact them and inquire about the missing documents first.

  5. #5
    Join Date
    Jan 2013
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    6

    Default Re: Debt Collection Law Firm is Not Providing Documents We Have Demanded

    Left message at their office today at 11 AM. They of course did not respond. Guess I am filing the motion to compel, but we are right at 30 days to court date (56 days after answering complaint) and I still have nothing. Can I block their submitting of certain items at this point.

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