Start To Finish Winning Against Midland Funding Aka Jdb!

[DTR077]

Hi.
Ive been reading all posts here and Im writing hoping to find an answer for my question.
We received a complaint from Midland Funding but we didnt respond in the 30 days...the 30 days are way due...can someone please tell me what is that mean?
Thank you!

[usagi555]

Originally Posted by DTR077

Hi.
Ive been reading all posts here and Im writing hoping to find an answer for my question.
We received a complaint from Midland Funding but we didnt respond in the 30 days...the 30 days are way due...can someone please tell me what is that mean?
Thank you!

It means that they are going to get a default judgment in their favor if they haven't already. If they have not yet acquired a default, you need to respond to the suit NOW. Even a BS suit is easy to win if the other side doesn't fight.

[cyndi101]

I too am being sued in Missouri courts by a JDB. I've already filed my Answer, Affirmative Defenses, Counterclaims, Request for Production of Documents and Motion to Strike Affidavit. After reading this, I am wondering if those documents needed to be notarized before I filed them. The only thing notarized on the Complaint was the attorney verification, so I didn't think about getting anything notarized yet. I know when (and if) I file a sworn affidavit, I will need to get that notarized, but is there anything else that requires it? Do I need to get these documents notarized and file amended documents before my 30 days is up?

[brjmhome6]

If I remember correctly (been some time), I filed everything I had with the court clerk, retained a copy of the document for my own records, then mailed a copy of said document to the plaintiff. I do not recall having to notarize any documents beyond the stamp & filings @ the court clerks office.

My gosh, almost 3 years later I simply cannot believe this thread is alive! It's amazing how 1 persons defiance against that which is wrong in our society can start a whirlwind of activity to change the way the winds blow

Always remember first and foremost: Liars are lawyers....simple enough? Trust nothing the scumbags say and better yet, file a cease and desist order so you don't ever have to hear their disgusting, stomach churning drivel until your day in court before a judge which will most likely not happen prior to a dismissal by plaintiff.....and that's where counterclaims and sanctions come into play. My gosh isn't the law fun to play with when the little guy / gal is educated on the subject matter

[Maniatazz]

Hi
I hope someone reads this - I found a summons in the mail from CA and from what I read so far I should (1) deny everything in a response and then file for a motion for discovery? Or do both at the same time? Please help - I found great info here, but not the first reply that I need to file with the court.

[Maniatazz]

Hi
You said "I've already filed my Answer, Affirmative Defenses, Counterclaims, Request for Production of Documents and Motion to Strike Affidavit" would you be so kind and tell me if you wrote those letters or found templates online? Also, should I file all these with my initial reply to the summons? Kindly clarify I just found the summons in mailbox, I am filing for extension because I have less than 7 days.

[BV80]

Originally Posted by Maniatazz

Hi
You said "I've already filed my Answer, Affirmative Defenses, Counterclaims, Request for Production of Documents and Motion to Strike Affidavit" would you be so kind and tell me if you wrote those letters or found templates online? Also, should I file all these with my initial reply to the summons? Kindly clarify I just found the summons in mailbox, I am filing for extension because I have less than 7 days.

You should start your own thread and answer the questions in the following link in order for members to have enough information to offer suggestions:

Q's to answer when posting in this forum - please read!

[mandydome]

I want to share my experience with a law suit filed against me by Midland Funding LLC, re: a Chase Bank Card. They say I owe $3000.00 and some change plus court costs. The aforementioned credit card was from 1999, 12 years ago. I do not recall this debt nor do I remember signing a contract with Midland. Well any way, I received a summons to appear in court. I cannot sit back and let this JDB(junk debt buyer) dictate to me that I owe them anything, so starts my fight. I went to court and waited as one person after another made payment arrangements and tried to explain why they can't pay or stopped paying. Before my appearance in front of the judge the Midland lawyer called me into a room and stated I owed $3000.00. I said, "I deny that!" She said...in a very sarcastic and demeaning tone,"What? Are you saying there is fraud involved and someone stole your credit card? I will need you to fill out a fraud report, I will need a copy of your drivers license, a copy of your social security card and a copy of the fraud report you made with the police!" I replied with," I never said fraud was involved, I am saying I don't recall this debt and I am denying I owe you!" "Hmmmm!", she says. I go take my seat and wait for the judge to call my name. My name is called and I go stand in front of the bench next to miss smartass. The judge asked me if I deny or confirm this debt, "DENY", I said! Miss smartass says," Apparently she is claiming fraud." I said, "No, I am not claiming fraud, I am denying I owe you!" I have no paperwork or statements from Chase. The lawyer says, "I don't believe her and I want a trial date." The judge set the trial for the end of January. So, the waiting game starts. If anyone out there can give me any advice, I sure would appreciate it. I am unsure what to do next or for my upcoming trial. Will they go through with it or is this just a scare tactic? I have a feeling this is just a ploy those scumbag JDB lawyers use. Thanks and good luck to anyone going through what I am right now.

[mandydome]

Okay, I just received my paperwork from the county courthouse stating the date of my trial. Can anyone shine some light on this for me? What do I do now? Do I need to file anything with the court? I read an older post with some excellent advice about a letter:


I have never entered into a contract with the Plaintiff - Midland Funding, therefore there is no breach of contract or damages that could possibly exist. I deny owing anything, since I never did business with Midland Funding and I am requesting a certificate of service and a request for document production due within 30 days: 1. the original signed contract between me and plaintiff, 2. the clause of the original signed contract with them that I breached, 3. the dates and amounts of each transaction of the alleged balance with me and them, 4. and method of calculation. I deny the allegation and hereby request strict proof of all of the previously mentioned documents, as well as a defense against the statue of limitations in my state of Illinois."
Do I send this to the lawyers representing Midland, even though I have already been to court for the initial complaint and denied owing them? Do I need to have this letter notarized? Sorry for so many questions, but because I cannot afford an attorney, I am on my own to defend myself the best I can and any advice would be greatly appreciated. Thank you kindly



I arrived at the courthouse at 9:30am for my 10:00am scheduled court appearance. I was there for 5 minutes and here comes the Midland lawyer through the door. She looked around the room and I am sure she saw me sitting there. Sorry no default judgement for you, I was thinking. The Judge asked if we could start early and I said absolutely! I am ready! The Midland attorney took me out in the hall and said she couldn't remember why I disputed this claim. I said, "Because I never had a credit card from Chase!" "Oh, okay! I am dismissing this without prejudice. We could refile this complaint in a year." she says. I said that would be fine with me. Went before the Judge. He asked if I agree with the judgement. "YES sir" I quipped! Went upstairs to get a copy of the judgement and out of the door at about 9:50am. Thank you all for all the helpful posts about Midland and being sued. I came here everyday since my summons last December and read every post, even those that didn't relate to my case. Keep fighting everyone. Don't let anyone tell you, you owe money without proving it.

[malibushylah]

hi - i hope i am posting this correctly. 1st: brjmhome - you de man!! thanks for all the useful info on ML Funding.

here's the problem. my now husband was served on 11-07-11. we got married on 11-11-11. with all the hoopla with the wedding and all that, the paperwork went MIA.

Just found it today and voila! the court date was today and we missed it. his problem is that he is a gov't contractor and is not in town during the week. he's only home on the weekends.

with that said, i noticed in a previous post you had stated that we should respond NOW even if its a "bs" complaint. i want to go to court tomorrow and do ... something. not sure what or if i can since its not my suit.

however, i have to add, that some how these dickweeds had called him in october 2011 -- and he didn't take the call. a few minutes later my cell phone rang. i answered the "blocked" call, which i never do. this asswipe proceeds to tell me that because i know my husband and he has my cell number and blah blah blah that he was going to take him to court to which i said, so sue me and don't call me when this isn't my issue!! i hung up on him and viola!! he got served.

i believe they violated the FDCPA just by calling and harassing me. so, a)how do i handle the past court date and b) how can i sue them for harassing me?

thanks for all your time spent here on this forum and helping all of us!!

[alexh405]

until the day AFTER christmas.... just got my summons yesterday.. i'm in oklahoma and after getting divorced last year and being placed on child dupport with very unstable employment, sorry i'm ranting. The point is midland is claiming i have a credit card debt with bank of america for over $2,000. ive read this thread until my eyes have crossed and ive taken 4 maximum strength excedrins. could someone, anyone please help in plain english? i'm not the brightest penny in the fountain (obviously) but i'm begging. i cant afford another attorney after my divorce, (who accomplished NOTHING btw) i dont even see a court date on this summons...... if it isnt one thing its another....

[sourdoughnative]

Originally Posted by mandydome

Okay, I just received my paperwork from the county courthouse stating the date of my trial. Can anyone shine some light on this for me? What do I do now? Do I need to file anything with the court? I read an older post with some excellent advice about a letter:


I have never entered into a contract with the Plaintiff - Midland Funding, therefore there is no breach of contract or damages that could possibly exist. I deny owing anything, since I never did business with Midland Funding and I am requesting a certificate of service and a request for document production due within 30 days: 1. the original signed contract between me and plaintiff, 2. the clause of the original signed contract with them that I breached, 3. the dates and amounts of each transaction of the alleged balance with me and them, 4. and method of calculation. I deny the allegation and hereby request strict proof of all of the previously mentioned documents, as well as a defense against the statue of limitations in my state of Illinois."
Do I send this to the lawyers representing Midland, even though I have already been to court for the initial complaint and denied owing them? Do I need to have this letter notarized? Sorry for so many questions, but because I cannot afford an attorney, I am on my own to defend myself the best I can and any advice would be greatly appreciated. Thank you kindly



I arrived at the courthouse at 9:30am for my 10:00am scheduled court appearance. I was there for 5 minutes and here comes the Midland lawyer through the door. She looked around the room and I am sure she saw me sitting there. Sorry no default judgement for you, I was thinking. The Judge asked if we could start early and I said absolutely! I am ready! The Midland attorney took me out in the hall and said she couldn't remember why I disputed this claim. I said, "Because I never had a credit card from Chase!" "Oh, okay! I am dismissing this without prejudice. We could refile this complaint in a year." she says. I said that would be fine with me. Went before the Judge. He asked if I agree with the judgement. "YES sir" I quipped! Went upstairs to get a copy of the judgement and out of the door at about 9:50am. Thank you all for all the helpful posts about Midland and being sued. I came here everyday since my summons last December and read every post, even those that didn't relate to my case. Keep fighting everyone. Don't let anyone tell you, you owe money without proving it.

Well done, by why didn't you insist on it being dismissed WITH Prejudice??

[creditstudent38]

Thanks brjmhome6!

I wish I had happened on this thread sooner.

I sloppily made my way this far with Midland, now I'm going for a knockout.

I think I'll file those quaint discovery requests, but I think I have to ask the judge for 30days to amend my answer since they recently motioned to strike my affirmtv defenses so its the perfect opportunity to sharpen my teeth. I've been volleying with them back and forth and they are really trying to pull a fast one, with all the scummy tactics.

I really like the excellent templates! I've made affirmative defense: lack of privity, statute of frauds, lack of standing to sue, affidavit insufficient. And they are still trying to railroad me, motion for summary judgement, trying to strike my affirmative defenses on some civ procedure bit...

Also, does it matter that my first answer admitted to OC debt? Then redacted. And that I've been on the phone offering them 40-60% because I see those amounts on my credit report. Is a credit report reliable? Or can they just buy a thing down the river and report the full amount of the OCs charge off and then report to CRAs?

I realize I may have made some rookie pro se mistakes, but they really messed me up for 6 months now. Now Im filing motions like a pro se fool, making duplicates and learning the law. I need to read up on FL civil procedure as I may have made a technical error. I'm hoping for the best, now I know more about this than I ever thought I'd have to. I feel there is something inherently wrong with what they're doing, so Im fighting the good fight.

[bgilfam]

Praise God - I won!!!!
I followed the advice and copied the forms from below (actually from the original post, which is the same as below). I started dealing with Midland Funding and Kramer and Frank about 6 months ago. I responded to all of their mailings, starting with the notice of the collection being turned over to Midland Funding. I ended up in being taken to court by Kramer and Frank. I received a notice, then the first set of letters (all in confusing legal terms, even for someone with a MS in Criminal Justice.). I came across this website and thread and followed the guidelines listed below. I was scheduled for court four times. I asked for a continuance the first time. The second time, they asked for a continuance. The third time the judge set the case for trial. I was prepared to go to the next step on Monday. However, today I received a NOTICE OF DISMISSAL from Kramer and Frank!

It really does work!!!

[LR_Knight]

Sorry if this is a bit off-topic. I recently got ones of these "pre-legal" notices from Midland, which I sent DV in response. But I am sure I'll be receiving a suit sooner or later, which I will fight.

My question is this: If you do win against these JDBs in court, can you have them ordered to remove any negatives they place from your credit report??