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Everything posted by formerpara

  1. It says charged off on my credit report. But my question is...........if they sued me, dismissed it 3 years ago isn't there an SOL on their being able to sue me again? Not sure on that one.
  2. Are you saying these guys bought the account , or they claiming to rep Discover ? I don't know if they bought it. I received a form letter in the mail today stating that it was their 2nd letter and that the 30 days had passed to validate. I never received a first one.Let us know what the docs said, and if they have filed suit . They haven't filed suit yet. But as far as these new guys are concerned, Midland's boys, I know because they are suing me in aother matter for Midland and haven't responded to my discovery requests that were mailed 3/08/2011 yet. Tenn rules state that a new lawsuit must be brought WITHIN ONE YEAR AFTER A SUIT IS DISMISSED WITHOUT PREJUDICE. Check for similar language in your state. Don't know about this one but if it's true that would be cool.Also, if an affidavit has been submitted to you, please share the language,,,we might be able to help you rip it to shreds. Nothing yet
  3. Is it common for them to send a "Second" letter without having sent the first one?
  4. Apparently I was sued by Discover Bank By Michele Sabine (Zakheim) in 9/2008. First of all, they filed in the wrong county, they never served me, a month after it appeared on the court docket they dismissed it and never served me, 2 years later the court dismissed it and they never sent me the notice. In today's mail I got a form letter from Pollack & Rosen claiming that it was their 2nd letter to me for the Discover Account debt. I guess I need to go down to the clerk's office and see what Discover did and how the case was dismissed. The SOL runs out at the end of October so Pollack & Rosen ( Midland's slime wads) scooped it up. Can Discover do this?????????????? Join in all you brilliant minds......................... Thanks. I'll post more about the docs when I get them tomorrow.
  5. I totally understand your frustration. I too had issues with the clerk's office in my county. When I filed my counterclaim against the nasty JDB the clerk didn't bother to look at the amount of my counterclaim. There is no fee if it's2500 or less which it was. They returned my papers to me stating that I had to pay $300. I called them and the "supervisor" told me to resubmit them (without the fee of course). This bought the JDB an extra 10 days to respond to my request for admissions. I hate when people don't do their jobs especially when their actions directly impact others.
  6. My type A personality doesn't like to leave things hanging so it's making me nuts. From what I've seen on this board, having patience is key to this and so is following the steps of the wise ones before you. Thanks for your comments.
  7. That's what I figured. And at some point down the road I'd be willing to negotiate for a dismissal with prejudice for me dropping my counterclaim. Waiting is the hardest part. Thanks for your input. Where in NY are you from?
  8. I filed a NOA at the beginning of the case and it was sloppy lawyering on their part. From experience, i can tell that they cut and pasted my address and used part of two addresses (mailing and residence since they are different). I don't have a court date yet. There was nothing filed with the complaint they served and they haven't produced any docs as of yet. If it sits dormant for 10 months then I think I can file MTD for lack of prosecution right? I filed a counterclaim so not sure how that will play in all of this. From what I've read on this forum, Midland will dismiss when it costs them $$ to defend a counterclaim. I think they figured they'd get a default judgement against me and are doing the bare minimum required by law at this point. There were no bogus affidavits yet or any chain of custody evidence as I requested.
  9. I'm being sued by Midland through a law firm. I answered the complaint, amended my answer and affirmative defenses, filed a counter claim, served Midland's attorneys with requests for admissions, and request for production of documents. THe clerk's office screwed up and at first rejected my counterclaim but then 10 days after it was originally filed, they accepted it for filing. Midland's attys answered my request for admissions but left off their answer to #6, AND they did not mail it to me properly. I still haven't received it and only know they answered within 30 days of the 2nd time the clerk's office received it. They have not produced one shred of paper that proves they own the debt and they admitted that there is no contract between them and me. What should I do now? File a motion to compel production of docs or just let the bear sleep. Any advice would be awesome especially from the great minds like USCTROJANALUM, BV80, Singledadjames and anyone else who'd like to take a stab at it. You guys are awesome.
  10. I've had a lot of problems with the clerk's office in my county. They didn't do their job right and sent back my counterclaim because they didn't read the amount. I had to also correct them with the address of the JDB I'm suing. It amazes me that they can really screw you up and they don't care. Their standard answer is that they can't give legal advice. I get that but their mistake gave THe JDB I counterclaimed an extra 10 days to respond. I'm sure the judge won;t care unfortunately. Call back and ask to speak toa supervisor. That's what I had to do and I got the information I needed.
  11. Here's the other thing I also sent discovery requests at the same time and if they.sent them to the wrong.address too what do I do? I'm getting ready to file a motion to compel pros of docs. I filed a counterclaim against them as well. What should my next step be?
  12. Yes they had the correct address it just makes me mad because I filed all of my stuff with the court including a counterclaim but the clerks office made a mistake and didn't refine it for 10 days so Midlands attys got extra time they didn't deserve. I can print a copy online but those jerks need to properly serve me by us mail don't they?
  13. I check the docket for my case daily because I served Midland's attys with my request for admissions on March 8th but they did not answer #6. Does that mean that it is deemed admitted? Here's what I asked (their response is in bold): 1. Admit that there is no written agreement between you and the Defendant. Admitted 2. Admit that the Defendant has not consented to any assignment of the alleged account. Objection irrelevant. Plaintiff is not required to obtain Defendant's consent. 3. Admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt. Objection irrelevant. 4. Admit that you were not assigned the original creditor’s obligations under the alleged credit agreement. Denied 5. Admit that you are not the real party at interest. Denied 6. Admit that you re-aged the alleged debt on Defendant’s credit report. No answer to this one. They ignored it. Here's the next question: The COS states that they mailed it by US Mail to my PO Box but in the wrong city and zip code. I will never receive it. What do I do now??????? They filed their response on the 30th day after I served them so what does that mean besides the fact that they are stupid??? I only found out about it because I check my docket.
  14. I received the same complaint and filed an answer. Midland filed a motion to strike my answer and defenses so I went to see an attorney. I learned that I could have filed a motion to dismiss because Midland didn't provide ANYTHING. I had to amend my answer and defenses AND I filed a counterclaim for 2K worth of FDCPA violations. If you have anything on Midland (like check you credit report to see if they re-aged your debt) file a counterclaim, but make sure if you do that it's for under $2500 so youwon't have to pay a fee. Unfortunately, the people who work in the clerks office don't always do their jobs. I've caught them in 2 mistakes in my case alone. Send me a pm if you need more info. Good luck
  15. I filed mine on 3/8 and mailed it to Midland's attys CMRRR and I NEVER got the green card back. So-----------I sent it again via regular mail and priority mail with a signature confirmation. Still no response. I figure some time next month I'll file a motion to compel. I filed a counterclaim for 2 FDCPA violations. If I can get this sucker dismissed w prejudice I'll drop the counterclaim. I'll wait. My SOL is up in October, sooooooo whatever for right now. However, I am curious about the timing of your question. Let's see what the awesome people on this board have to say. They haven't given me bad advice yet!!!
  16. What if the default to OC was a year before Midland purchased debt AND Midland tacked on interest to the amount they purchased????????????????
  17. Call blocking doesn't work for 800 numbers because they pay for the call so even if you have an unpublished number the 800 number gets it. I learned the hard way years ago and NEVER call them back from a number I don't want them to have.
  18. I asked for it but they didn't provide it. Should I send another letter and remind them that I requested it already?
  19. What if they provided final statement from lease?
  20. I sent a DV letter to AFNI because they called me at work. The debt is from a car lease and basically we objected to the turn in fee and some other bs. What is the SOL on a car lease? Anyway, I sent AFNI a C&D and a validation letter. All the responded with was the final statement from the car leasing company. This is the 2nd JDB who has bought this debt. Aren't they supposed to send me proof as I requested that they own the debt, are licensed to collect in my state etc? I would rather call the OC then deal with these scumbags!!! Help please.
  21. Good for you!!!!!!!!!!!!!!!! They need to be put in their place!