Motion to Compel / Credit Card Debt

[kranxel]

What is the name of your state (only U.S. law)? Michigan

First of all I am in Michigan District Court.

Midland funding LLC sueing me for credit card debt I honestly can't recall, infact looking at my current CC's I have cards older that this debit so i can't recall defaulting on this. Went for mediation, explained I have no such debt. Weeks later lawyer asked for admissions. Example questions, when did I apply for card, do I admit appling for card, what was my intention when appling for credit, do I admit to receving goods pursuant to credit card...etc...
My answer was the same to all questions.
I can not admit nor deny anything until I have received documents verifying this debt.
Now I received a Motion to Compel.
This lawyer wants me to admit to this debt and honestly I don't think this is mine, tried to call Credit Card Co and was told this was refered to collection. My credit is excellent. What is my next step to answer the motion.
My notice of hearing is 7-21-09

[cosine]

Originally Posted by kranxel

What is the name of your state (only U.S. law)? Michigan

First of all I am in Michigan District Court.

Midland funding LLC sueing me for credit card debt I honestly can't recall, infact looking at my current CC's I have cards older that this debit so i can't recall defaulting on this. Went for mediation, explained I have no such debt. Weeks later lawyer asked for admissions. Example questions, when did I apply for card, do I admit appling for card, what was my intention when appling for credit, do I admit to receving goods pursuant to credit card...etc...
My answer was the same to all questions.
I can not admit nor deny anything until I have received documents verifying this debt.
Now I received a Motion to Compel.
This lawyer wants me to admit to this debt and honestly I don't think this is mine, tried to call Credit Card Co and was told this was refered to collection. My credit is excellent. What is my next step to answer the motion.
My notice of hearing is 7-21-09

These steps sound like the steps to collect on a previous awarded judgment. Are you aware of any lawsuit against you, or a summons you received about a lawsuit or this credit card? Do you know of this credit card in any way?

If you are being (or have been) sued for a credit card you never had, your responses sure don't sound like it.

[JETX]

Originally Posted by kranxel

What is my next step to answer the motion.

Since you make no statement as to an existing judgment, it is FAR more likely that you were served with pre-trial discovery. This process is very common and helps both sides to prepare for trial by being able to 'discover' facts that can determine how or if to proceed with a hearing.

In this case, you were legally served with discovery (interrogatories) and you refused to answer the legal process. The answers you provided are not sufficient and do NOT comply with the required legal processes. The opposing counsel is now making a 'demand' through the court that you provide answers... or explain to the court why you cannot. From your post, it appears that you are confirming you have the account... and now need to get your paperwork and PROPERLY answer the discovery request. If you still refuse, the court can order you to appear and if they don't like your excuse, could in theory have you arrested/detained until you do. Or the court could simply decide that ALL of the questions default to the worst against you and grant a summary judgment.

A motion to compel is NOT to be taken lightly and you need to recognize the seriousness of this process. If you refuse.... I strongly suggest you get a local attorney to help you.

[ecmst12]

Probably would have been better to answer truthfully - "I cannot recall applying for this card".

[kranxel]

I never admitted to applying to this card not do I remember applying for this card, perhaps you are reading the part where I wrote what questions were asked of me, but I never applied for this and can't admit to it.

So question is do I reply Motion to Compel? Do I file and answer with the court and attorney before the court date?

Midland funding LLC sueing me for credit card debt I honestly can't recall, infact looking at my current CC's I have cards older that this debit so i can't recall defaulting on this. Went for mediation, explained I have no such debt. Weeks later lawyer asked for admissions. Example questions, when did I apply for card, do I admit appling for card, what was my intention when appling for credit, do I admit to receving goods pursuant to credit card...etc...
My answer was the same to all questions.
I can not admit nor deny anything until I have received documents verifying this debt.
Now I received a Motion to Compel.
This lawyer wants me to admit to this debt and honestly I don't think this is mine, tried to call Credit Card Co and was told this was refered to collection. My credit is excellent. What is my next step to answer the motion.
My notice of hearing is 7-21-09

[ecmst12]

You didn't tell the truth, you refused to answer. There is a very clear difference. "I neither confirm nor deny" is NOT "I don't remember". One is honest, the other is evasive.