lovie2000

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About lovie2000

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  1. So I showed up at court, so many default judgements, paid dismissals, and agreements for midland funding....smh I stood up when my name was called, and the courts read, she's here and she also filed motion to compel arbitration...the representative for the midland and their lawyers responded, NON-SUIT...... The judge said "ypure free to go .... The account number they are reporting and swearing in their affadavit as mine is not mine. so I guess I have to continue to fight these people to leave me alone and remove this off my report
  2. Thank you, took that part off.....on the way to mail the letter and the stamped copies of the paperwork to them....GS already updates the case....
  3. is this fine for the letter to send to the attorney? To whom it may concern, In regards to the claims you have made against me in the Tennessee General Sessions Court, Case# XXXXXXXX, I demand arbitration with JAMS in accordance with the governing credit card agreement and request dismissal of this case.
  4. The formal motion to the court is what I am speaking of.
  5. Here ya go..... 2015.... hope that helps Discover It (Near Prime).pdf Discover It (Prime ).pdf Discover It Secured Card (Near Prime).pdf
  6. No, I am saying the OC account number they listedin the affidavit and on the summons does not belong to me, nor was I a cosigner on any account. I disputed this account with the OC long ago when it first appeared on my CF, and they closed it, charged it off and didn't respond to my validation letters. Me not being to savvy at the time with any of this didn't bother pursuing it again. Then Midland started sending me collection letters, I disputed it and they wouldnt respond to my letters for validation. I kept disputing and they kept claiming verfication. I kept sending validation requests every time they sent me a collection bill. And now we are here 5 years later. As for the MTC, I have prepared that letter, do I insert JAMS title in the MTC... because I typed was this: In accordance with the attached Credit Card agreement, Defendant has demanded that Plaintiff enter into private contractual arbitration to settle all claims at issue between the parties of this lawsuit. Pursuant to Tennessee Code §29-5-303, Defendant hereby moves this Court for an order compelling same and staying litigation on this matter in This Court.
  7. I just dont understand how they can just get away with making people pay for accounts that dont belong to them and the courts allow it without showing any proof.
  8. so the form is already filled out, do I file an arbitration request with my summons answer? And thanks for the help
  9. I have not filed anything, I stated that this is what I prepared and would be filing TOMORROW... I posted for help Sunday and again today
  10. Then there is just this form http://www.tncourts.gov/sites/default/files/docs/sworn_denial_-_dec_2012.pdf
  11. below is a list of my answers to the summons I received. All that was attached was the summons and an affidavit from a Delaney young with 8 bullet points of how he/she has knowledge of the account and has seen data files. Showing an account number from the original creditor listed as example xxxx-xxxx-xxxx-1234 ..... I never had an account with ge capital bank walmart ending in the account number they listed as original creditor account they bought.... I am going to file my answer tomorrow with the courts and I would like any help I can get in this matter on how to handle this and some steps if possible My Answers: The Defendant states as follows: 1. In response to paragraph one of the Plaintiff’s complaint, Defendant is without information or knowledge sufficient to admit or deny the allegations contained therein and therefore deny them. 2. In response to paragraph two, Defendant denies the allegations contained therein. 3. In response to paragraph three, Defendant is without information or knowledge sufficient to admit or deny the allegations contained therein and therefore deny them. 4. In response to paragraph four, Defendant denies the allegations contained therein. 5. In response to paragraph five, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefore deny them. 6. In response to paragraph six, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefore deny them. 7. In response to paragraph seven, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefore deny them. 8. In response to paragraph eight, Defendant is without sufficient information to either admit or deny the allegations contained therein and therefore deny them. II. Affirmative Defenses Defendants other defenses are: 1. The Plaintiff failed to name the real party in interest per Article 62-20-127(a) of the Tennessee Code. 2. Defendant was not notified of any assignment of debt that is the subject of the complaint. 3. Plaintiff’s complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff’s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 4. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), U.S.C. 1692e, 1692f, and 1692g from using false, deceptive, or misleading representation or means with collecting a debt, collecting interest on any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Not validating the debt upon request from the Defendant. 5. Defendant claims accord and satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits from the Plaintiff. 6. Plaintiff’s damages are limited to real or actual damages of actual cost paid or exchanged to alleged original creditor for the purported debt, for which Plaintiff failed to reference the original creditor account number in their complaint. 7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. WHEREFORE, Defendant prays that the court take nothing of plaintiff’s complaint by virtue and dismisses the complaint with prejudice.
  12. Ok I found out I was being sued by Midland Funding by way of lawyer solicitations in the mail back in February. I went on the court website and was able to pull up the information of the filing, filed on Feb 9th and Issued on Feb 12th with court date set for March 22nd. I just received this summons yesterday Mar 10th. The trade name changed from Midland Funding to Midland Credit Management on my credit file, but Midland Funding is suing me as successor in interest to GE Capital Retail Bank/Walmart. When I disputed the debt with GE Capital Retail Bank/Walmart, they reported account opened in 2011, last payment in Jan 2013 and then a charge off amount of $388 on my credit file as of Aug 2013. Now Midland Funding is trying to collect $596.78. Midland Funding is not licensed for collections in the state of Tennessee. The status of their license here shows Vol Surrender with an expiration date of Mar 24, 2015. Midland Funding and the law group representing them were also sued here in the state of TN multiple times just last year for different FDCPA violations. The rules here state that I have 30 days to file an answer after receiving the summons, but there is no 30 days with a court date of Mar 22nd and they just served me on March 10th. I plan to answer the summons and go to court. But I need a little guidance on where to start. Any advice would be appreciated. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Finkelstein, Kern, Steinberg, & Cunningham, P.C 3. How much are you being sued for? $596.78 4. Who is the original creditor? GE Capital Retail Bank/Walmart 5. How do you know you are being sued? Received summons 6. How were you served? (Mail, in person, Notice on door) Handed to me 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? I disputed the debt both with Walmart and then with Midland Funding requested debt validation, verification, etc. Then started to received letters, but did not respond to collection letters. 9. What state and county do you live in? Tennessee, Davidson County 10. When is the last time you paid on this account? Haven’t paid midland funding anything 11. What is the SOL on the debt? 6 years & 4 years for retail installment sales contract or agreement 12. What is the status of your case? Suit served? Motions filed? Summons served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? Rule 12.01: A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. https://www.tncourts.gov/rules/rules-civil-procedure/1201 16. What evidence did they send with the summons? An affidavit by someone claiming to be an officer for Midland funding LLC and employed as a Legal Specialist by Midland Credit Management, Inc