RescueToaster

Members
  • Content Count

    13
  • Joined

  • Last visited

Community Reputation

0 Neutral

About RescueToaster

  • Rank
    Member

Profile Fields

  • Location
    Minnesota
  1. It looked wrong when first reading it, but I have to admit I it twice @janus I appreciate your attempt to help, but it appears you're a bit misinformed with what you should be doing. If you're really going through something like I am, I think you need to get some help so you don't put yourself in a bad position to deal with. Good luck with everything!
  2. I plan on going in to VLN some time this week if possible (they have very small windows of availability) I also have had a lawyer help me with a few issues in my past that I was considering calling up just to see what he thinks. Hell, I might as well call the UMN Law School as well. I'm hoping that they can point me to new resources if they themselves can't help out. @WhoCares1000 Is there anything in particular I would be looking for with my bank statements? Payments from my old bank account (which I haven't had for close to 3 years now) towards the account that Midland now claims to own? I'd guess the last transaction from my bank account to my old Best Buy account would be around 3 or 4 years ago now. I've said it with every post (and I'll continue to do so) but I really appreciate the help everyone's offering!
  3. Apparently, VLN is only open on Monday, Wednesday and Thursday from 9am to 1pm, so I'm going to try that tomorrow, I'd be a happy man if I could score someone to back me up in person through this. I'm fairly certain that I do not have any old bank account or credit card statements anymore, is that going to negatively effect me? I've moved twice within the past 2 years and I lost quite a lot during the moving's I'll start on that AAA form tonight, doesn't hurt to have it ready I suppose! It would be interesting if some of those people didn't actually exist on those affidavits.. Thank you!
  4. Sorry for the late response as usual, had family over for a long Memorial weekend and had to house and entertain them. So far I've gotten pretty much every document together and have been reading up on Arbitration and the AAA, it would certainly be nice if I could push the bill on Midland. @WhoCares1000 I will have to borrow money from family if it comes to that.. I tend to brood when I know I owe someone money, especially banks. I haven't heard back from VLN yet, I assume they must have been on break through the holiday or are swamped. I'm thinking at the very least I might want some help with this and if it's free, all the better! I'd like to settle this before it goes into the court system but that's all up to Midland, I suppose. If they take me far enough I'll do what I need to do, and honestly, telling people I don't recall owing this debt wouldn't be an issue because it's technically the truth, unless they can prove to me otherwise, which is what my first defense is based on. I see why you say I need backup plans though. @fisthardcheese Thank you for all of your help and involvement so far. I love the MST3K / Space Mutiny name. I've been reading up arbitration and I think that it sounds like a decent idea as long as I can effectively use it. @debtzapper I am and will be available from now on. Can I help you with something?
  5. Apologies, I'll take those down and rotate them. I didn't even think about that, I was sort of in auto pilot panic mode at the time. (They are now properly displayed to the benefit of neck health!) I have to tell you all that I appreciate this help from everyone, I still have problems sleeping but I'm regaining a bit of comfort every day. This is definitely not healthy for someone in recovery hah I have to ask, when dealing with Citibank, before they apparently sold my account to whoever else, I had spoken with a lady in their collection department and told them I was in treatment and we worked out a deal. They would pause the interest and fees and stop sending me bills and when I started to earn money again we could work out a deal, but apparently they canceled that deal. They stopped calling me every month and then this occurred about a year later. Would that benefit any sort of case I could use? I must admit, I'm highly confused with most of the terminology and language being used here (my head is clogged with computers and nerd stuff), but it seems like arbitration may be my best course of action? I'm going to call the VLN I mentioned and see what they have to say, and I definitely won't make any hasty decisions on this, though with a time restraint it seems like it can be a necessity, sadly. I must mention this, I never actually spoke to the attorney listed (Michael Johnson I believe his name is), but a paralegal I spoke with (another Michael, coincidentally) said they noted on the account that they would extend the period by 30 days. I like many people, don't record calls so I really have no evidence to prove that they agreed to do so (outside of asking to use THEIR recordings, I suppose), but do you think they would use any dirty tricks like that, "Oh yes, we fixed it! (we really didn't!)", to have me automatically agree with their default plan?
  6. Thank you for the prompt reply. I called them today and they said they would extend the discovery period by 30 days, so hopefully that's ample time for me haha They did attach a 9 page card agreement with what they mailed me that mentions something about arbitration, I'll just attach that so you can have a look. Honestly, I understand the words but the words put together come up as jibberish in my head :/ I'm curious, have you heard anything about the Volunteer Lawyers Network in MN ( www.vlnmn.org )? I was going to call them for just some general help but they must have closed at 4 Attached the card agreement
  7. Sorry for the late response, but yes I did get the green card back which I'm holding onto. About 2 days ago I received a packet (sent to 'Jeffery', which is my name misspelled) from Midland with a response (which they sent via first class mail, not certified). I'm not sure if there are any documents I should upload, but I'm just going to go ahead and scan everything anyway. It's 3 packets stapled together, The first one saying I have 3 options: 1: I have 14 days to call them to work out a discovery plan. 2: I can mail them my contact information to set up a discovery plan. 3: If they don't hear from me in that time then I default on their plan to pay them 80% on the account. The second is a large amount of papers that 'validate' the debt. They have included, what I would say is possibly the last statement for the credit card from January of 2014, showing no activity on the account outside of them charging ~$70 a month from fees and interest (for who knows how long) Also attached is a 'bill of sale and assignment', which has a large number of names, signatures and seals, though nothing that directly states my name or account outside of a copy of some slightly detailed information on me (name, address, phone number, aaccount number and money owed on the account) that Midland Credit printed out, not Citibank, and it does not appear to be part of the bill of sale. Finally the third packet is another sheet similar to the original summons they sent me but with different information on it. Up top it says The old Midland etc etc vs Me. Case Number: Rule 26.6 Discovery Conference Report "The parties / counsel identified below participated in the meeting required by Min. R. Civ. P.26.06 on _____________________ (which is blank) and prepared the following report." Yea I'm just going to scan this so you can get a better look at it. Now I've researched Discovery quite a bit but I'm still unsure of what exactly I should have available for this. Would it be things like old account statements? I'm not entirely sure what I should have handy outside of information that's in my head. This is a bit silly with them telling me I have 14 days to respond to a letter that was signed almost 2 weeks ago but only just arrived... Curious, after reading this does it seem like I'm pretty screwed here? I've seen some other people on here who've, instead of having a lot of bills of sale attached, simply received a spreadsheet with a ton of names and account numbers with only theirs showing. I'm a bit nervous to say the least. I attached most of the documents they sent me, except about 10 pages of card agreement. If you see anything unnecessary here or that I shouldn't have up I would appreciate if you could let me know. Thank you as always, Jeff
  8. Well so far I haven't heard anything back from them, but I didn't expect to right away. I've done everything recommended, I just need to research up on the discovery process some more. I'll keep you in the loop when I do hear from them though, hopefully it isn't any time soon!
  9. Well, I panicked and just went with only denying the single paragraph.. I hope that doesn't negatively effect this too much. It just made sense to me to say I didn't have enough evidence over flat out denying it, but now that is making more sense to have denied it now. Is it possible to send a second answer? And I have been reading about 'Discovery' a tad lately, going to need to go over it a lot more of course, but I sort of understand it. From what it sounded like I'll have to provide documents / information that THEY ask for?
  10. Thank you so much as always, I'm filling it out now and I'll attach a scan of the form later if you'd like to look over it. I'm deciding against pestering them with some of those defenses though I may choose an affirmative defense later on if more comes of it. I've decided I'll just write that their paragraph 1 is true (my name and address) and that I have no evidence to support any other paragraphs of theirs (section 4) except paragraph 7, because that's the truth. I'm going to deny their paragraph 7 because it seems to say that Midland has provided me with the proper forms / evidence showing they own the account now. Do you think denying 6-10 really be my best option though? I have a decent idea about all of this I just can't afford to not get this all right as I'm sure you're aware already haha Also just to triple check, I am the defendant in this situation right? And the plaintiff is Midland Funding LLC? I forgot to add, when mailing this out should I send a copy of their complaint too or is that unnecessary? I really can't thank you enough for all of this - Jeff
  11. Hello again, I've put it off for a while but I still have a few days to get this in the mail and I just wanted to ask a few questions before I fill out the form and have it sent out. I might ask some simple questions but it's just to make sure I have everything just right. So to begin, I'm guessing I want to print this form out twice and fill it out by hand? Or can I fill most of it out with a word processor? I'm also guessing I don't need to fill out the judicial district and all of that information yet (as I don't have it) ? I'm just using this form as a template right and will have a copy handy in case they try to go to the next step? Also, do I fill out the plaintiff as Midland Funding, or their attorney? I'm assuming Midland Funding but I want to be certain! Can I skip writing under 1 through 3 and only write under #4 that says "Insufficient information" and write that I have insufficient evidence for all of their complaints, yes? Or should I not leave the previous sections blank? Is there a standard phrasing I should write for the insufficient information or will anything along those lines do? Under #5, is there anything I should check? I must admit I'm a bit clueless on all of this. I've heard some talk about arbitration but I don't know if that's right for me. Under #6 is something I don't need to bother with ? Unless they continue to harass me and try to get me to pay them without evidence? Finally, the last section has some check boxes with "Defendant asks the court to: dismiss plaintiffs complaint, enter judgement for defendant and award defendant etc. etc", is that anything I need to deal with or is that just a continuation of #6? I apologize for asking so much. I tend to be very particular and overly cautious (is it possible to be in this situation?) especially when dealing with documents like this. Thank you again for everything and I will definitely keep you informed as to what happens! I'll be able to get my brother to get this in the mail tomorrow if possible. Jeff-
  12. Thank you very much for your reply. I feel like I have a decent grasp on what to do next. I meant to respond earlier but I've had family over and it's been chaos. I don't necessarily want to fight paying a debt I owe, my issue here is I don't know that I owe these people anything let alone how much I actually do owe the people I do actually owe, which I think is the case of these defenses against them, right? Also, this just all seems so crazy to me. What if my dad accepted that summons but I wasn't living here and never heard of it? I'd have a case defaulted against me even though I never knew of it? I'm beginning to dislike my state that's giving these people the tools to harass people with no repercussions. It's like claiming someone robbed them and having the 'robber' thrown in jail and kept there until they can prove their innocence even though there's no evidence to prove the guilt of the 'robber'. Really goes against the founding principles of our judicial system.. Anyway, I'm ranting. I'll get back to you with what happens if you'd like, or if I need help with anything else if you wouldn't mind Thanks again!
  13. Hi there, thank you for taking the time to check this out, Last week I received a 'summons' from Midland Funding LLC by a courier for a debt they say I owe them. Just today they sent another copy of the 'summons' in a letter that came through the mail (USPS). After quite a few Google searches which linked me to a lot of posts on this forum I decided to start my own thread since I believe my issue may be a bit different than the others I've read through. If it isn't something totally 'new', I apologize but I could use help still! Some more of the story: Last week (April 7th) a courier delivered a few documents stapled together (not in an envelope) to my father and after looking through it, it appears to me to be a fake summons. My father told the courier that I was here but that I was sleeping and accepted it himself. I'm not sure if it matters, but my father and I share the same name, is that something I can use in my favor? After looking things up, it seems that that may have been a big no no for them to give the document to anyone but me, or am I mistaken? I also say 'fake summons' because after checking ( https://www.law.cornell.edu/rules/frcp/rule_4 ) I noticed a few things missing on the 'summons'. There are no signatures anywhere except Midland's attorney, nor do I see a court seal. It also doesn't state the time I must defend myself, so there are at least 3 things missing that supposedly MUST be on it. After some more researching, I've realized that this may just be them showing me their intent if I do not follow their 'plan'. It also seems more like a bully tactic to scare me into calling them, confessing all of my sins while they record it to use it as evidence to collect on this figure they've come up with which is larger than the limit on any card I've had. So now, I guess what I'm asking is what should I do next? So far, I haven't done anything. I've read through these documents and quite a few similar issues on here, and now I'm here looking for help! The documents say I have 20 days to respond (so, from April 7th, which would give me until the 27th, 11 days from today) if it IS legit. Should I try to get free legal help? I cannot really afford an attorney let alone the debt Midland says I owe them, but I've heard Minnesota courts are some of the worst for the consumer (IE: me!) in the country. I don't want to have the deck stacked against me when I'm trying to get my life back in gear. I'll save the full sob story, but I've dealt with addiction and I'm starting up school this fall and this issue is really distracting me from continuing on with the next stage in life. I really hope this isn't as big of an issue as my mind is making it, but trying to stay positive is getting very difficult. Anyway, any help at all would be greatly appreciated! If there's anything I've left out that could be of help, please let me know so I can provide it. Thank you again for taking the time to read this, Jeff -