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  EXHIBIT C

IN THE STATE COURT OF GWINNETT COUNTY

STATE OF GEORGIA

MIDLAND FUNDING LLC ASSIGNEE )


OF CHASE BANK (USA), N.A. )
)
Plaintiff, )
)
v. ) Civil Action No
) 10-7271-4
JILL SHERIDAN, )
)
Defendant )
 

DEFENDANT’S INTERROGATORIES AND REQUEST FOR


ADMISSIONS TO PLAINTIFF
 

COMES Now the Defendant JILL SHERIDAN, pro se and requests the

following discovery of the Plaintiff, pursuant to O.C.G.A. § 9-11-36. Plaintiff is

directed to serve its verified answers to Defendant’s Interrogatories and Request

for Admissions to Plaintiff in conformance with the above cited rules, on or before

thirty (30) days from the date certified below to the Defendant’s residence 3266

STONEWALL DR NW, KENNESAW GA 30152


INSTRUCTIONS AND DEFINITIONS

For the purpose of these discovery requests, the following definitions apply:

A. “Defendant” means JILL SHERIDAN.

B. “Plaintiff” or “Plaintiffs” or “You” refer to MIDLAND FUNDING

LLC as well as any person in their agency, employ or acting on their behalf.

C. “Account” means the account related to the alleged debt which is the

subject of this lawsuit.

D. “And”, “or”, and “and/or” shall be construed as broadly as possible so

that information otherwise within the scope of this request is not excluded.

E. “Assignment Agreement” includes but is not limited to bills of sale,

the actual purchase and assignment agreement document(s) including the terms

and conditions of the sale, and the schedule of accounts included in sale.

Assignment Agreements shall also mean the completed documentation of the chain

of custody between the original creditor and plaintiff.

F. “Person” includes natural persons, corporations, partnerships,

associations, or any type of entity and agents, servants, employees and

representatives, thereof.

G. “Attorney” means Dennis Henry, Frederick J. Hanna & Associates,

P.C. or any other Georgia Licensed Attorney and/or employed by Frederick J.

Hanna & Associates, P.C. representing MIDLAND FUNDING LLC in this action.

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H. When answering the Interrogatories, you must furnish all requested

information, not subject to valid objection that is known by, possessed by, or

available to you or your subsidiaries, employers, employees, managers, attorney,

consultants, agents or representatives.

I. If you are unable to fully answer any of these Interrogatories, please

answer them to the fullest extent possible, specify the reasons for your inability to

further answer and state whatever information knowledge or belief that you have

concerning the portion not fully answered.

J. Each numbered subpart of a numbered Interrogatory is considered a

separate interrogatory for the purpose of objection. Thus, you must object

separately to each subpart; and if you object to less than all of the subparts of a

number interrogatory, answer the remaining subparts.

K. If any information called for in these Interrogatories is withheld on the

ground that such information is for any reason exempt from discovery, then:

1. State the ground or grounds for withholding such information;

2. Describe the type of information being withheld;

3. Identify all persons who have knowledge of the information

being withheld;

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4. Furnish such other information as may be required to enable the

court to adjudicate the propriety of your refusal to furnish such

information;

L. You are under a duty to reasonably supplement your response to each

question and directly address to the identity and locations of persons have

knowledge of discoverable matters and information that may come to you in the

future.

1. For persons, state the person’s name, residence address,

business address, telephone number and the name of his/her

employer;

2. For entities, state the name and address of its principal place of

business, and telephone number

3. For documents, state the author, addressee and recipient, date a

general description, a brief summary of its contents, the name

and address of the custodian of the original, or best copy, and

any other descriptive information necessary in order to

adequately describe it in a subpoena duces tecum or in a request

or motion for its production; In lieu of such identification, you

may attach a copy of each document to your answer to these

interrogatories;

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4. Whenever appropriate in these discovery requests, the singular

and plural forms of words shall be interpreted interchangeably

so as to bring within the scope of these requests any matter

which might otherwise be construed outside their scope;

CLAIMS OF PRIVILEGE

If an objection to a request is based upon a claim or privilege or attorney work

product, identify each document so withheld. With regard to all documents or

portions of documents withheld on this basis, identify its creator; provide a brief

description of the document, and state with particularity the basis of the claim of

privilege work production, or other ground of nondisclosure.

LOST OR DESTROYED DOCUMENTS

If any document requested has been lost, discarded, or destroyed, identify

such document. State the type of document, its date, the approximate date it was

lost, discarded or destroyed, the reason it was lost, discarded or destroyed, a

summary of its substance, and the identify of each person having knowledge of its

contents thereof.

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INTERROGATORIES

1. State the name(s), business address(es) and job title(s) or

capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any

information used to answer each Interrogatory.

2. State the correct legal name of your organization.

3. State any other names which your organization uses to identify itself,

whether such names are registered with any official, and the date and place of such

registration.

4. State the form of your organization, the date and place the

organization was organized and registered and/or licensed to do business.

5. Is MIDLAND FUNDING LLC the direct assignee of CHASE BANK

(USA), N.A.? Or, is MIDLAND FUNDING LLC an assignee of an assignee? If

there are additional assignees, identify each assignee, their business address, and

telephone number.

6. Identify any person who has knowledge of facts relating to this

lawsuit, and specify his or her area of knowledge.

7. Identify all witnesses Plaintiff proposes to call to trial.

8. Identify the person(s) responsible for the books and records of the

defendant including name, including title, years with the company, as well as years

of experience in their field.

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9. List all exhibits Plaintiff proposes to introduce at trial.

10. Do you have an actual contract between the Defendant and CHASE

BANK (USA), N.A.?

11. Do you have the Assignment Agreement between CHASE BANK

(USA), N.A. and MIDLAND FUNDING LLC?

12. Attorney. Describe all collection activities, which you were

authorized to perform for MIDLAND FUNDING LLC, and identify the terms of

the agreement between MIDLAND FUNDING LLC and you pursuant to which

you sought to collect this account.

13. In regards to the contract or agreement alleged in this action, please

state the following:

A. Terms of the Contract or Agreement;

B. Credit Limit Amount Financed in the Alleged Contract or

Agreement;

C. Date and Monetary value of any valuable consideration received

on the contract or agreement;

D. Date and Monetary value of any payments or credits alleged to be

executed on the contract or agreement.

14. Plaintiff and Attorney. State all actions taken to verify the accuracy

and completeness of the account which is the subject of this lawsuit.

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15. Plaintiff and Attorney. State your procedures designed to assure the

maximum possible accuracy of a debt if disputed by a consumer.

16. How did you locate Defendant?

REQUEST FOR ADMISSIONS

ADMIT THE TRUTH OF EACH OF THE FOLLOWING STATEMENTS:

1. You filed Case Number 09-M-39244 on December 29, 2009 in the

Magistrate Court of Gwinnett County, Georgia against the Defendant for the same

alleged debt that is being pursued in this action and was dismissed without

prejudice on March 18, 2010.

2. You voluntarily dismissed Case Number 09-M-39244 after the Defendant

requested proof that you were the legal owner of the alleged debt and you could

not provide such evidence.

3. Midland Funding LLC is engaged in the business of collecting

consumer debts and regularly attempts and collects consumer debts allegedly owed

to another and is a “debt collector” as defined at 15 U.S.C. § 1692a(6).

4. Frederick J. Hanna & Associates, P.C. is engaged in the business of

collecting consumer debts and regularly attempts and collects consumer debts

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allegedly owed to another and is a “debt collector” as defined at 15 U.S.C. §

1692a(6).

5. CHASE BANK (USA), N.A. has no direct knowledge of the litigation

initiated by Midland Funding LLC on the account that is in dispute, and that no

employee or agent of CHASE BANK (USA), N.A. directly requested any

employee or agent of Midland Funding LLC to initiate any legal action against

Defendant.

6. You do not have the original or a copy of an assignment between you

and CHASE BANK (USA), N.A.

7. There is no written agreement between Midland Funding LLC and the

Defendant.

8. In the state of Georgia, the Defendant is authorized to pay the Original

Creditor/Lender until he receives notification of assignment of rights to payment

and that payment is to be made to the assignee.

9. In the state of Georgia, if requested by the debtor, the assignee must

seasonably furnish reasonable proof that the assignment has been made and unless

he does so, the debtor must pay the original lender.  

10. You did not send the Defendant any notification of assignment of the

account or assignment of rights.

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11. You are unable to provide a complete accounting for the amount you

are claiming.

12. You are barred under the Fair Debt Collection Practices Act, U.S.C. §

1692f(1) from collecting interest on any amount not authorized by the agreement

creating the debt or permitted by law.

This 16th day of August, 2010.

Respectfully Submitted,

By: ____________________________
Jill Sheridan, pro se

3266 Stonewall Dr.


Kennesaw, GA 30152
(678) 636-9306

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