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About brianm

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  • Birthday 03/18/1982

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  1. First and foremost, you MUST RESPOND. Read the following to help you with that: That being said, more often than not, including in my own first-hand experiences, they are looking for a default judgement and withdraw their complaint if you do respond. You will need to be prepared for court if they do decide to move forward, but don't let that discourage you. Look at the forums here and see how to defend yourself. If you are not comfortable with it, there are many sources on here for legal help and representation.
  2. What are the chances that they would refile? I also thought that I would be able to beat them in Magistrial court based on all the information that I had. I think my chances in the Court of Common Pleas is even greater. And where I live, I can elect arb at any time before judgement. So I'm going to hold that in my pocket. The reason is that they did not provide me with an arb clause in the signed contract that they sent, so if they object to it, I will be able to say that I was not aware earlier that I could elect arb. To be honest, I believe that I can get the "evidence" thrown out because none of the account numbers match up, the amounts aren't what is on the statements, there is no real bill of sale, not to mention the counter claims that I have of contacting 3rd parties, etc. I can handle myself in court, but arb frightens me a little bit. That's why I'm just going to hold on to that in case it is needed. My next question would be, when it comes to the DV that I sent them: Since they withdrew, would that count or does it not matter that they withdrew and it is still too late for DV?
  3. Just an update for everybody. In true Midland fashion, they withdrew their complaint when it got near time to show up in court. I decided to try my hand in the court system since this was just Magestrial court, no matter the outcome, the judgement wouldn't have mattered if I would have appealed. I did not elect for arbitration because of that reason. Thank you everybody for your help and information. It definitely helped me choose a path to go on and if I would have needed to, I would have went the arbitration route when we got to the common pleas courts.
  4. @fisthardcheese I like you approach to this, however, I have been searching how/when to file a motion to compel arbitration for the magistrate level in Allegheny county, PA and cannot find any information on it.
  5. There is also a Survival clause that states: This Agreement applies even if Note has been paid in full, charged off by us, or discharged in bankruptcy.
  6. From what I have been reading, AAA will not arbitrate with Midland and NAF does not do consumer credit any longer. If that is the case, then according to the arbitration agreement "Arbitration shall be administered by the chosen administrator, but if administrator is unable or unwilling to administer the arbitration, then an alternate administrator shall be chosen by the party initiating the arbitration." This means that I would be able to elect JAMS as the administrator.
  7. Thank you, everybody, who is reading and posting back. OK! I had an opportunity to get the documents scanned, etc. This is the summons that I received: Summons_Redacted.pdf When I requested DV, here is what was returned to me: DVResponse_Redacted.pdf Here is the arbitration agreement (which they conveniently left out when they sent me a copy of the written agreement): ArbAgreement_Redacted.pdf @fisthardcheese - Please see the attached arbitration agreement and see what you think. As for filing the MTC, am I able to do that at the magestrial level? What are the chances that Hayt, Hayt & Landau will actually do the arbitration for Midland? @shellieh98 - See the attached Arb agreement. AAA is one of the options. And if AAA refuses to Arb with Midland, what does that mean for me? I'm not familiar with arbitration at all, but if I would pursue that route and they would show up, based on the information provided, would I lose and what would my appeal options be? Also, I mentioned in my original post that the account numbers were wrong. Nobody mentioned if that was a good defense to bring up.
  8. Thank you for your reply. First, I was going to mention in my original post that I was aware that the likelyhood of me winning at the magestrial level was slim to none, so I am expecting to lose and then appeal. So I guess my questions are more for when I do appeal and get my day in court then. There is an arbitration clause in the contract, however, they seem to not have sent that portion of the contract when I asked them for validation. They did send statements along with the signed contract. I'm not sure if it is all of them or not. The other thing I wanted to mention was that this was not for a credit card. I guess it would be considered a personal loan, but I believe that because it is a written agreement that the same laws, etc. would apply including the information from that case link. After reading that case link, it states that according to PA law, that if the "original cardmember agreement is available that it must be attached to the complaint or state why it was not available." It says that if it is not available that an affidavit will do, but it seems that they had this information and did not attach it to the complaint. I think I'm going to scan all the information and redact it accordingly and post up when I have a little more time. I think it may paint a clearer picture for whomever looks at this post or replies.
  9. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $9,XXX.XX 4. Who is the original creditor? OneMain Financial, Inc. 5. How do you know you are being sued? Received summons from local District Magistrate 6. How were you served? Mail - Certified Return Receipt 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Allegheny County, Pennsylvania 10. When is the last time you paid on this account? 7/16/2014 11. What is the SOL on the debt? 4 Years 12. What is the status of your case? Active - Scheduled 13. Have you disputed the debt with the credit bureaus. No. The Civil Action Hearing Notice was the first contact I've had regarding this. 14. Did you request debt validation before the suit was filed? No. However, I did send one once I received the hearing notice. I'm aware this will not stop civil proceedings, however, I wanted to request debt validation to fall within the 30 day window to validate debt from initial contact. 15. How long do you have to respond to the suit? It stated to call the office immediately if I intended to defend. I did call the next day and received a copy of the notice to defend a few days later. The magestrial district court does not require the defendant to file an answer and there was no interrogatory regarding the suit. The claim is as follows: Plaintiff is the owner of a certain creit account (hereafter, "the Account") by virtue of the assignment of the Account, as set forth in the records maintained on Plaintiff's behalf. As a result of the assignment, Plaintiff now holds all rights, title and interest in and to the Account. Records further reflect that Defendant entered into a credit agreement for the ONEMAIN FINANCIAL, INC. Account bearing number XXXXXXXX5711 and used or authorized the use of the Account to obtain good and/or services an/or cash advances. The account shows that Defendant owed a balance of $9,XXX.XX as of 2015-09-30. I, (Name Omitted) verify that the facts set forth in this complaint are true and orrect. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. Subsection 4904) related to unsworn falsification to authorities. 16. What evidence did they send with the summons? They did not send any evidence with the complaint, with the exception of the affidavit that was included in the complaint. As I mentioned above, I did send a DV letter to Hayt, Hayt & Landau and they did send me information back, which is essentially discovery. They provided me with statements from OneMain Financial, the signed contract, copies of papers that Midland Credit Management had apparently sent to me including, a Notice of New Ownership and Pre-Legal Review with a statement. I have done battle with creditors for years and have been very successful up to this point. This is the first time that I have been provided a contract and/or statements from the OC. Here is where I'm having a little trouble. In all of the documents provided by Midland, the account number does not match what is on the OC's contract or statements. And I don't mean a typo, I'm talking completely wrong. I want to mention that on the Midland paperwork, I and NOT confusing the Midland "account number" with the OC's account number, which are both specified on the Notice and statement that were provided by Midland. The only mention of the actual OC account number is listed as a "Account Number Cross-Reference Number" on a document with "field data" at the top. My questions: a. - Because the account number is not mine, nor is there any reference to it in the OneMain contract or subsequent statements, is that an argument that I can fight in court? b. - Since this is the Magestrial level, should I ask for discovery prior to the court date or is the information that they sent me when I requested DV going to be what they bring to the table? c - Are there any other defenses that I should use (including any affirmative defenses) in this case? d - Any other advice? Thanks, in advance.