Legal Document: Midland Credit Management Inc v. Chana Frydman

On December 27, 2019 a DEMAND FOR: - Disclosure Demands was filed involving a dispute between Midland Credit Management Inc, and Chana Frydman, for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff in the District Court of Rockland County.

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FILED: ROCKLAND COUNTY CLERK 01/08/2020 06:10 PM INDEX NO. 037259/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/08/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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MIDLAND CREDIT MANAGEMENT, INC., INDEX NO.: 037259/2019

Plaintiff, DISCLOSURE DEMANDS

-AGAINST-

CHANA FRYDMAN CONSUMER CREDIT
Defendant.
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Defendant, by and through his attorney, hereby request(s) that Plaintiff serve upon

the undersigned responses to the below disclosure demands within the time(s) set forth

under the CPLR.

These interrogatories are continuing. If at any time after service of answers

hereto, and prior to the trial of this action, plaintiff obtains or becomes aware of

additional information pertaining to any of these interrogatories or document requests,

plaintiff shall, within thirty (30) days, serve upon the undersigned supplemental sworn

written answers setting forth such additional information.

TAKE NOTICE that if you fail to do so each of the matters as to which an

admission is requested shall be deemed admitted unless by the above mentioned time,

you have acted or otherwise moved with regard to this request in accordance with the

provisions of CPLR 3123.

DEFINITIONS
Defendant(s) set(s) forth the following definitions particular to this litigation:
1. The term "you" and its possessive "your" refer to plaintiff and anyone acting on their
behalf.
2. The term “defendant” refers to the defendant, any other co-defendant, joint account holder, or
any other person allegedly obligated on the subject account.
3. “Account” means the credit card account, credit or cash advance account, or any other
type of loan account that you contend the defendant owes in this lawsuit.
INSTRUCTIONS

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1. If the answer to all or any part of an interrogatory is not presently known or
available, include a statement to that effect and furnish any information currently known
or available and a description of the source of information that was once known or
available which could have been used to respond to the interrogatory.
2. You are requested to produce the documents in the manner in which they are regularly
maintained.
3. If an Interrogatory or a Request to Produce is objected to, the reason for the
objection must be stated with specificity in lieu of the answer or document. If any part of
an Interrogatory or Request to Produce is objected to, any unobjectionable portion must be
answered or produced.
4. If you contend that any response or document called for by this demand is subject to
any privilege (such as attorney/client) or protection (such as attorney work-product) and
you intend to assert such privilege or protection, you are required to set forth a
sufficient factual basis to establish that such privilege or protection is applicable to the
response or document. With respect to a response or document that is being withheld
the following information shall be provided:
For Documents: (i) the type of document; (ii) the general subject matter of the document;
(iii) the date of the docu1nent; and (iv) such other information as is sufficient to identify
the document fora subpoena duces tecum, including, where appropriate, the author of
the document, the addressee of the document, and where not apparent, the relationship
of the author and addressee to each other, and the name(s) and address(es) of each
person who viewed or has or has had custody of the document or of any copies of the
document.
For oral communications: (i) the name of the person making the communication and the
names of persons present when the communication was 1nade and, where not apparent, the
relationship of the persons present to the person taking the communication; (ii)
the date and place of the communication; and (iii) the general subject matter of the
communication.
If you fail to set forth a sufficient factual basis for assertion of any claim of privilege
or protection, then any arguable claim or privilege or protection shall be waived.
Compliance with the above instructions is not to be construed as an admission by
defendant(s) that such privilege or protection is valid, and defendant(s) reserve(s) the right
to challenge any purported claim of privilege or protection.
5. If any document herein requested was, but no longer is, in the possession,
custody, or control of the plaintiff or has been lost or destroyed, plaintiff is requested to
submit in lieu of each such document a written statement which: (i) describes the nature
of the document; (ii) identifies the person who prepared or authorized the document
and, if applicable, the person to whom the document was sent; (iii) specifies the date on
which the document was prepared or transmitted; and (iv) specifies, if possible, what has
happened to the document and where it or any copies of it may be located, or if the
document was lost or destroyed, the date on which the document was lost or destroyed,
and, if destroyed, the conditions of and the reasons for such destruction and the
persons requesting and performing the destruction.

INTERROGATORIES AND REQUESTS FOR PRODUCTION

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Defendant request that plaintiff respond to the following interrogatories and
requests for production.

Interrogatory No. 1. Describe each communication between plaintiff, plaintiff’s
attorneys and the defendant regarding the account. Include in plaintiff’s description
the identity of the parties to the communication, the date of the communication, and
the substance of the communication.

Request for Production No. 1. Please produce all communications between plaintiff,
plaintiff’s agents (including collection agencies hired by plaintiff), plaintiff’s
attorneys and the defendant regarding the account.

Request for Production No.2. Please produce all notes of communications between
plaintiff, plaintiff’s attorneys and the defendant regarding the account.

Request for Production No. 3. Please produce all recordings of communications
between plaintiff, plaintiff’s attorneys and the defendant regarding the account.

Interrogatory No. 2. If plaintiff contends the defendant is/are liable to plaintiff on a
sworn account, open account, account stated, or quantum meruit theory, describe each
transaction in which plaintiff provided Goods or Services to the defendant. Include in
plaintiffs description the date of the transaction and an identification of the Goods or
Services provided as well as whether the defendant objected or disputed the
transaction.

Request for Production No. 4. If plaintiff contends the defendant is liable to plaintiff
on an open account, sworn account, account stated, or quantum meruit theory, please
produce all documents, such as orders, invoices, receipts, or statements, evidencing
each transaction in which plaintiff provided Goods or Services to the defendant in
addition to all objections and disputes to said transactions.

Interrogatory No. 3. If plaintiff contends the defendant acknowledged any amount
alleged to be due on the account, describe the m anner in which the defendant made
such acknowledgement. Include in plaintiff’s description the date of the
acknowledgement, the amount acknowledged to be due, and the manner in which the
acknowledgement was made.

Request for Production No. 5. If plaintiff contends the defendant acknowledged any
amount alleged to be due on the account, please produce all documents evidencing
that acknowledgment or setting forth t h e date of the acknowledgement or the amount
acknowledged.

Interrogatory No. 4. If plaintiff entered into an agreement with the defendant regarding
the account at issue in this lawsuit, state the date of the agreement, identify the parties
to the agreement, and set forth the terms of the agreement.

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Request for Production No. 6. Please produce the solicitation that invited the defendant to
submit an application as well as the completed account application. If the application was
online or by telephone, please produce all records memorializing said online or
telephonic application.

Request for Production No. 7. Please produce the initial account agreement.

Request for Production No. 8. Please produce every amendment to the account
agreement.

Request for Production No.9. Please produce every notice of a change in any term of
the account, including but not limited to a change in the rate of interest or amount of
any fee applicable to the account

Request for Production No. 10. Please produce every schedule of interest rates or fees
applicable to the account.

Request for Production No. 11. Please produce every settlement agreement, payment
plan or other similar agreement between the defendant and plaintiff, their attorneys or
any debt collector handling the account including after the account went into
default.

Interrogatory No. 5. For each agreement plaintiff contends was offered to and accepted
by the defendant, including but not limited to the original account agreement, any
amendment to the agreement, any notice of a change in any term of the agreement, or
any schedule of interest rates or fees applicable to the account, explain how the
agreement was offered to and accepted by the defendant.

Request for Production No. 12. For each agreement, amendment to an agreement or
notice of change to the terms of the account plaintiff contends was offered to and
accepted by the defendant, please produce every document that evidences such offer or
acceptance.

Interrogatory No. 6. Explain how each document containing the terms of any agreement
for the account or reflecting any amount due on the account was delivered to the
defendant, including but not limited to: the original account agreement, any
amendment to the agreement, any notice of a change in a term of the agreement, any
schedule of interest rates or fees applicable to the account, and any statement of
payments, charges, fees or interest for the account. Include in plaintiffs explanation
the date the document was delivered and a description of the manner in which it was
delivered, including, if the document was delivered by the Postal Service or other
courier, the location to which it was addressed and whether the document was returned
undelivered.

Request for Production No. 13. For each document listed below that was delivered to
the defendant, please produce all documents indicating the date the document was

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delivered and the manner in which it was delivered, including, if the document was
delivered by the Postal Service or other courier, the location to which it was addressed
and whether the document was returned undelivered:
a. The original account agreement for the account.
b. Any amendment to the agreement for the account.
c. Any notice of a change in any term of the account, including but not limited to a
change in the rate of interest or amount of any fee applicable to the account.
d. Any schedule of interest rates or fees applicable to the account
e. Any statement of payments, charges, fees or interest for the account.

Interrogatory No.7. For each instance in which ownership of any rights in this account
was assigned, starting with the original assignment by the originator of the account,
describe the assignment. In your description of the assignment, include the date of the
assignment, identification of the parties to the assignment agreement, and a summary
of the terms of the assignment agreement. Include whether each assignment warranted
or guaranteed the accuracy and legitimacy of the assigned account information.

Interrogatory No. 8. For each instance in which ownership of any rights in this account was
assigned, starting with the original assignment by the originator of the account, state the
consideration supporting the assignment agreement.

Interrogatory No. 9. If ownership of this account or of any rights in this account was ever
assigned in connection with a Securitization arrangement, describe the assignment by stating
the date the assignment occurred and identifying the parties to the assignment.

Request for Production No. 14. Please produce a complete copy of the agreements that
constitute the chain of title for the account starting with the agreement between the
originator of the account and its assignee and including each agreement between an
assignee of the account and another assignee of the account and/or you. This is a request
for the entire agreement, not just a bill of sale or exhibit to an agreement, and includes
master agreements whose terms relate in any way to or are incorporated by an agreement
or bill of sale transferring rights to the account. In order to protect the privacy of other
debtors whose accounts may be included in such agreements, you may redact or otherwise
omit information identifying any debtor other than the defendant.

Interrogatory No. 10: Provide the name of any person employed by Plaintiff and/or
Plaintiffs assignor, who possesses knowledge of any alleged account assignment which is
the subject matter of this lawsuit, and who may provide oral or written testimony
regarding this lawsuit, including in affidavit form. Provide said person's employment
status and contact information.

Request for Production No. 15. Regarding any person identified in your response to
Interrogatory No. 10, please produce any existing affidavits sworn to by said person.
Please be aware that you have an ongoing duty to provide a supplemental response to this
request for production if such affidavit becomes available at a later date.

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Request for Production No. 16. Please produce all documents indicating the consideration
you paid to obtain your rights in the subject account.

Request for Production No. 17. Please produce all documents indicating or describing the
scope or extent of the rights you own in the account.

Request for Production No. 18. Please produce all documents indicating or describing the
scope or extent of the rights that anyone other than you owns in the account.

Request for Production No. 19. Please produce all documents indicating or describing any
obligation by you to pay money collected on the account to another entity, other than a
contingency fee agreement with the attorney representing you in this lawsuit.

Request for Production No. 20. Please produce all documents describing the warranty or
guarantee of the accuracy and legitimacy of the assigned account information, or in the
alternative all documents describing the absence of any warranty or guarantee of the
accuracy and legitimacy of the assigned account information.

Request for Production No. 21. Please produce a complete copy of any agreement
assigning ownership of this account or any rights in this account in connection with a
Securitization transaction, including but not limited to any receivables purchasing
agreements, receivables contribution or sale agreements, pooling agreements, servicing
agreements, trust agreements, delegation of servicing agreements or other similar
agreements to or from a trust, pool, or other similar entity, as well as any amendments,
supplements and exhibits to such agreements. In order to protect the privacy of other
debtors whose accounts may be included in such agreements, you may redact or otherwise
omit information identifying any debtor other

Interrogatory No. 11. For each document plaintiff has produced that plaintiff contends
applies to the account and that does not contain the defendant's identifying information,
such as the defendant's name, social security number, account number(s), or signature(s),
explain how plaintiff know the document applies to the account.

Interrogatory No. 12. For each document plaintiff has produced that plaintiff contends
applies to the account that does not contain the defendant’s identifying information, such
as the defendant’s name, social security number, account number(s), or signature(s), and
that was created by someone other than plaintiff, identify the source of the document by
stating the date plaintiff obtained the document and identifying the person from whom
plaintiff obtained the document.

Request for Production No. 22. For each document plaintiff has produced that plaintiff
contend applies to the account and that does not contain so1ne piece of the defendant’s
identifying information, such as the defendant's name(s), social security number(s),
account number(s), or signature(s), please produce every document containing information
from which it may be determined whether the document applies to the account.

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Interrogatory No. 13. Identify each interest rate plaintiff contends was applicable to this
account by stating the interest rate, the time period during which itapplied to this account,
and the category of transactions, such as purchases, cash advances, special offers or other
classes of transactions to which it applied and explain why the rate was applicable to the
account as plaintiff contends.

Request for Production No. 23. For each interest rate plaintiff contends was applicable to
this account, please produce every document containing information from which it may
be determined whether the interest rate applied to the account.

Interrogatory No. 14. For every account transaction, including but not limited to cash
advances, fees, interest, payments, credits, and adjustments, from the inception of the
account to the present date, state the date of the transaction, the amount of the transaction,
and the description of the transaction that appeared on the account statement.

Request for Production No. 24. For every account transaction, including but not limited to
cash advances, fees, interest, payments, credits, and adjustments, from the inception of
the account to the present date, please produce documents evidencing the date of the
transaction, the amount of the transaction, and the description of the transaction that
appeared on the account statement.

Request for Production No. 25. Please produce every statement of payments, charges,
fees or interest for the account that was delivered to the Defendant.

Interrogatory No. 15. Describe any dispute relating to the account made by the defendant
or any other person allegedly obligated on the account at any time since the inception of
the account. Include in plaintiff’s description the date the dispute was received, a
summary of the dispute, and a summary of the outcome of the dispute.

Request for Production No. 26. Please produce all documents relating to any dispute
relating to the account made by the defendant or any other person allegedly obligated on
the account at any time since the inception of the account. Include in plaintiff’s
description the date the dispute was received, a summary of the dispute, and a summary
of the outcome of the dispute.

Interrogatory No. 16. For each task performed by plaintiff's attorney or a non-attorney
assisting plaintiff's attorney in connection with the prosecution of this case for which
plaintiff is seeking compensation, describe the task, state the date the task was
performed, state the time it took to perform the task, and state the hourly rate that
plaintiff intends to seek for the task.

Request for Production No. 27. If plaintiff is seeking compensation for attorney's fees in
this case, please produce records of each task performed by plaintiff’s attorney or a
non-attorney assisting plaintiffs’ attorney in connection with the prosecution of this case,
other than tasks for which plaintiff is not seeking compensation.

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Request for Production No. 28. Please produce all bills received from plaintiff’s attorney
for work performed in this case.

Request for Production No. 29. Please produce all records of costs or expenses actually
incurred in connection with this case.

Request for Production No. 30. Please produce plaintiff’s fee agreement with plaintiff’s
attorney.

Interrogatory No. 17. State the date on which the defendant allegedly went into default on
the account.

Interrogatory No. 18. State the date on which the defendant last allegedly received funds
from the account.

Interrogatory No. 20. State the amount that the plaintiff claims was allegedly due on the
date after any supposed final payment to plaintiff.

Interrogatory No. 21. State the amount that the plaintiff claims was allegedly due on the
date after Defendant(s) allegedly went into default.

Interrogatory No. 22. State the amount that the plaintiff claims was allegedly due when
the plaintiff classified the Defendant’s supposed account as "charged off” and/or
''uncollectable''.

Interrogatory No. 23. State the date the plaintiff classified Defendant’s supposed account
as "charged off” and/or "uncollectable".

Request for Production No. 31. Please produce all documents evidencing the amount that
the plaintiff claims was allegedly due on the date after the last alleged payment made to
plaintiff.

Request for Production No. 32. Please produce all documents evidencing t he amount that
the plaintiff claims was allegedly due on the date after Defendant allegedly went into
default.

Request for Production No. 33. Please produce all documents evidencing the amount that
the plaintiff claims was allegedly due when the plaintiff classified Defendant's supposed
account as "charged off' and/or 'uncollectable".

Request for Production No. 34. Please produce all documents evidencing the date the
plaintiff classified Defendant's supposed account as “charged off” and/or “uncollectable”.

Request for Production No. 35. Please produce all documents evidencing the date the
defendant(s) allegedly last went into default on the account.

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Request for Production No. 36. Please produce all documents evidencing the date the
defendant(s) last allegedly received funds or allegedly made a payment on the account.

Interrogatory No. 24. If any document plaintiff were asked to identify in any interrogatory
or to produce in any request for production propounded in this case is not in plaintiffs
possession, custody or control, identify each person who has possession, custody or
control of the document.

Interrogatory No. 25. If any document plaintiff were asked to identify in an interrogatory
or to produce in any request for production propounded in this case is lost, destroyed or
otherwise unavailable, explain what happened to the document. Include in plaintiff’s
explanation the identity of the person who last had possession, custody or control of the
document and the date the document was lost, destroyed or otherwise became unavailable.

Request for Production No. 37. Please produce all demands for payment of the account
made by plaintiff or plaintiff’s attorneys.

Request for Production No. 38. If you identified any document in response to one of the
defendant’s interrogatories propounded in this case, please produce that document.

Request for Production No. 39. Please produce all documents or other tangible items you
intend to introduce at the trial of this case.

Interrogatory No. 26. For any and all affidavits and/or affirmations, signed by anyone
other than the attorney of record provided in support of their responses or otherwise to
the herein requested discovery; For the person(s) who searched for, produced or provided
any and/or all documents or otherwise to the herein requested demand for production of
documents; and for the person(s) who deliberated on, were questioned about and/or
provided the reply, responses or answers to the request for admissions, provide the
following:
a. The person's full name
b. Connection or relationship to Plaintiff and/or assigns
c. Mailing address
d. Telephone number
e. Name of employer
f. Position and/or title with said employer
g. Job description and responsibilities of employment
h. Connection or relationship of employer to Plaintiff and/or assigns
i. Address of the employer
J. Telephone number of employer

Interrogatory No. 27. For any and all affidavits and/or affirmations, signed by anyone
other than the attorney of record, you intend to use in support of any future motions
including but not limited to motions for summary judgment provide the following for the
individual(s):

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a. The person's full name
b. Connection or relationship to Plaintiff and/or assigns
c. Mailing address
d. Telephone number
e. Name of employer
f. Position and/or title with said employer
g. Job description and responsibilities of employment
h. Connection or relationship of employer to Plaintiff and/or assigns
i. Address of the employer
J. Telephone number of employer

Interrogatory No. 28. For any document control officer, custodian of records or any
person who has access to any records related to the account and knows of the policies and
procedures of Plaintiff provide the following:
a. The person's full name
b. Connection or relationship to Plaintiff and/or assigns
c. Mailing address
d. Telephone number
e. Name of employer
f. Position and/or title with said employer
g. Job description and responsibilities of employment
h. Connection or relationship of employer to Plaintiff and/or assigns
i. Address of the employer
J. Telephone number of employer

Interrogatory No. 29. For any documents provided by Plaintiff as responses or otherwise to
the herein requested discovery, provide the following for the individual(s) who provided
said documents:
a. The person's full name
b. Connection or relationship to Plaintiff and/or assigns
c. Mailing address
d. Telephone number
e. Name of employer
f. Position and/or title with said employer
g. Job description and responsibilities of employment
h. Connection or relationship of employer to Plaintiff and/or assigns
i. Address of the employer
J. Telephone number of employer

Interrogatory No. 30. State whether notice of the assignment of this debt to Plaintiff was
provided to Defendant. If yes, set forth the date, time, and method of providing said
notice. If notice was given orally, set forth a summary of what was said to Defendant.

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Request for Production No. 40. Please produce all notices of assignment that was provided to
defendant on the subject account.

Interrogatory No. 31. State whether any demand(s) for payment was/were made prior to
the filing of this complaint. If yes, set forth the date, time, and method of said
demand(s). If the demand(s) was/were oral, set forth a summary of what was said to
Defendant.

Request for Production No. 41. Please produce all demands that were provided to defendant
on the subject account.

Request for Production No. 42. Please produce a copy of the return of service in this matter in
which you allege provided the court with jurisdiction over the defendant.

Interrogatory No. 32. State all facts which support your cause of action in this lawsuit.

Request for Production No. 43. Please produce a copy of all documents which supports your
cause of action in this matter.

Request for Production No. 44. Please produce all documents showing which state’s law
governs the contract on the subject account.

Request for Production No. 45. Please produce all documents showing when the statute of
limitations started running on the subject account.

Interrogatory No. 33. State all facts which justify the reason why you waited so long to file the
subject lawsuit.

Request for Production No. 46. Please produce all documents allowing the Plaintiff to send
account statements electronically.

Request for Production No. 47. Please produce a copy of all phone recordings on the subject
account, both before charge off and after charge off.

Request for Production No. 48. Please produce a copy of all notes on the account made by
telephone operators / representatives as a result of phone conversations with the defendant or any
other person regarding the subject account.

Request for Production No. 49. Please produce a copy of all documents, including but not
limited to contracts, statements, receipts, etc., that were signed by the defendant.

Request for Production No. 50. Please produce a copy of all payments on the subject account.

Request for Production No. 51. Please produce a copy of the payment history or summary on
the subject account.

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Request for Production No. 52. Please produce a copy of all charges made on the subject
account, including charges made by the defendant as well as charges imposed by the plaintiff on
the defendant.

Interrogatory No. 34. State all facts which show that the Plaintiff attempted to mitigate its
damages on the subject account, including the method the Plaintiff mitigated its damages.

Request for Production No. 53. Please produce a copy of all documents which show that the
Plaintiff attempted to mitigate its damages.

Interrogatory No. 35. State all facts which prove that all the charges were authorized by the
defendant.

Request for Production No. 54. Please produce a copy of all documents showing that the
charges on the subject account were authorized by the defendant.

Request for Production No. 55. Please produce a copy of the account agreement which states
the amount of interest that the account would open with.

Request for Production No. 56. Please produce a copy of the account agreement signed by the
Defendant.

Request for Production No. 57. Please produce a copy of all notices that the Plaintiff gave the
Defendant on the subject account.

Request for Production No. 58. Please produce a copy of all disclosures provided to the
Defendant that was required by federal law.

Case Info

Case No.

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Document Filed Date

January 08, 2020

Case Filing Date

December 27, 2019

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