AKA

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About AKA

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    Iowa
  1. So far, so good! I answered (with help from member trueq) and after a week or two, got a letter that said that there will be a hearing to discuss my motion to set aside the default judgment. The letter I received states that at the hearing, "the Court will receive any evidence or arguments that the parties wish to present as to whether there is good cause for setting aside the default judgment. In the event that the default judgment is set aside, the parties shall be ready to proceed to the merits of the claim at the same hearing." In another letter I received previously regarding the default judgment being entered, it was written on the letter that the lawyer representing Midland Funding LLC could not come up with any statements that showed the debt. So, should I simply state that they have no evidence when I appear? Does anyone have any idea what kind of questions I might be asked, or if I will be asked any at all? If anyone has any idea of what I might want to say or what I can expect at the hearing, it would be great. I got this far with trueq's help, even though I initially missed the 20 day timeframe for filing an answer, so I'd hate to miss out on handling this correctly. Like I said, a previous letter even stated that the plaintiff had not furnished any proof of the debt (and apparently could not do so), so this should be pretty simple, right?
  2. I had a similar thing happen to me today. There was a hearing scheduled with Midland Funding because not enough information existed for a default judgment. I showed up for the hearing and judgment had been rendered before the time of the hearing, because the plaintiff called an hour earlier and said that they couldn't make it!
  3. I agree, my sister-in-law is in the same position and I will recommend that information to her!
  4. AKA

    Settlement offer

    That is awesome. I love it when normal people get to turn the tables on the sharks.
  5. AKA

    Why this forum is here

    Seems to be a good enough reason for me!
  6. I actually have heard about that before, but never taken the steps to research more about it. Is it as fun as it sounds?
  7. I think it's pretty cool, if you know how to use it. There are a number of people who like to use it to complain about their lives via status updates, start drama with others, etc. I find that it is best to remember that you have a number of "friends" on facebook, some of which you may have known years ago and don't know so well anymore, so you don't want to go too overboard with revealing too much information. It's great for sharing pics and videos and what not with friends and family though, or for inviting people to events, etc.
  8. Phineas and Ferb is good, but of the one I see when looking for stuff for my daughter, I would say I like Fairly Oddparents better.
  9. I don't know about in your state, but in Iowa the answer form is actually attached to the original notice that is delivered to you. Of course, when I received mine I had no idea what to do with it!
  10. This is a great thread! I wish I had stumbled on this site earlier in my own case!
  11. I have an update and a request for some more advice. I went to the hearing today at 11am, and the judge said he had already entered judgment for the plaintiff, even though I was fifteen minutes early! Furthermore, he said that the plaintiff had called at 10am and said he wouldn't be able to make it. He looked rather surprised that I was there, and he asked if I thought the debt was correct, and I told him I had no recollection of it, which is why I showed up today. He noted that I hadn't answered, and I told him I wanted to answer today. He said that I could file an answer with the clerk of court, but I would have to include a letter explaining why I didn't answer within the specified time frame. So...I'm going to go back to file my answer shortly, but what should I say in my letter? What kind of reason would be acceptable for not filing an answer when I should have? The real truth is that I have just been busy, I go to school out of town every day and have kids as well, but I don't know that that would be an acceptable answer. Also, should I include other comments in my letter explaining my late answer, such as that I have doubts as to the validity of the debt? I'm positive that the plaintiff didn't show up today because he has no real documents to use as evidence of the debt...the letter announcing the hearing said that at the least they would require a credit card statement from the original account, but to my knowledge none was furnished! Any help on what to say in the letter? I just want them to consider my answer late...I know one poster said that they have seen answers that were 90 days late considered in his/her state! Any help would be greatly appreciated!
  12. Thanks, everyone. What should my answer consist of? Do I provide a written answer to the Court, the plaintiff, or both? If so, is there a form that must be followed, or anything that should be said? Thanks again!
  13. I'm being taken to court by Midland Funding LLC over a debt that apparently they purchased from GE/Wal-Mart for in relation to a Wal-Mart credit card. I know at this point I've already made a big mistake, because when I was served papers by a local sheriff from Midland on August 31, 2009, I didn't give any kind of response. Again, I know that was not the right thing to do at all. Today, I got a follow-up letter and decided to look around for some help, and saw that I would have had many options if I would have gotten started immediately. So, my question now is whether there is anything I can do yet, and if so, what I need to do to fight them successfully. There are a lot of great threads here, but I'm unsure how to apply what I'm reading to my specific situation. Here's the text from the first notice (I live in Iowa, by the way): -------------------------------------------------------------- IN THE IOWA DISTRICT COURT IN AND FOR CLINTON COUNTY (Small Claims Division) ACTION FOR MONEY JUDGMENT PLAINTIFF vs. DEFENDANT Midland Funding LLC Me TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED that the Plaintiff demands from you the amount of $704.22 based on delinquent account balance plus interest and costs. Defendant(s) have defaulted in the terms of account as shown by the Notice to Cure attached hereto and incorporated herein by this reference. NOTE: This legal proceeding is an attempt to collect a debt and any information obtained will be used for that purpose. UNLESS YOU APPEAR by completing and filing the attached Appearance and Answer form with the Clerk of the Court within 20 days after service of this Original Notice upon you, judgment shall be rendered against you upon Plaintiff's claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached Appearance and Answer within 20 days after service of this Original Notice upon you, you will then receive notification from the Clerk's office of the place and time assigned for hearing. ------------------------------------------------------------- There were several other pages stapled with that original notice. The first was this: -------------------------------------------------------------- I, LAWYER GUY, being first duly sworn by oath, depose and state that Midland Funding LLC is the Plaintiff whose claim is set forth in the attached documents, that based on the records and information furnished the undersigned by the Plaintiff that the balance shown due thereon is true and correct; that said account is the property of the Plaintiff and remains past due and wholly unpaid. I further state that the Defendant(s) reside at: (my address); that said Defendant(s) are not members of the Military Forces of the US government, and to the best of my knowledge are not under any legal disability or prisoner in any reformatory or penitentiary. I further specifically state that the information and documentation furnished the undersigned by the Plaintiff establishes that the sum of $704.22 is the balance due and owing of this date from the Defendant(s) to the Plaintiff. (followed by name of Des Moines, IA area law firm and lawyer's signature) ------------------------------------------------------------- There was also a default notice from July 15, 2009 that was apparently mailed to me from the lawyer on Midland's behalf, which I don't remember if I originally received or not, honestly. Finally, there was an Affidavit of Account from a Midland Funding LLC "spe******t/custodian of records" who claims to "have possession of the books and records pertaining to the account" and says that the amount owed is legit and that Midland has acquired the obligation from GE/Wal-Mart. So, as I said before, I never responded to the Action for Money Judgment. Today, I get this letter: ------------------------------------------------------------- IN THE IOWA DISTRICT COURT FOR CLINTON COUNTY MIDLAND FUNDING, LLC, ORDER SETTING HEARING Plaintiff, ON ISSUE OF DAMAGES vs. ME Small Claim No. ###### This case was presented to the undersigned magistrate by the Small Claims Clerk. In reviewing the file, it appears that the Plaintiff, Midland Funding LLC, is seeking $704.22 based on an assignment from GE/Wal-Mart. The Defendant, ME, was served with a copy of the Original Notice on August 31, 2009. He has not filed a timely response. The Court is unable to enter a default judgment in this case since the Court has insufficient information to independently determine whether the amount claimed of $704.22 is correct. At a minimum, the Court needs a copy of the last regular charge card statement that would have been sent to the Defendant, ME by GE/Wal-Mart before the account went into default. The Court finds that it should schedule a hearing on the issue of damages. It is therefore ORDERED that the above captioned case is hereby fixed for hearing on the 22nd day of October, 2009 at XX:XX. At the hearing, the Court will receive any evidence that the Plaintiff wishes to present as to how the amount claimed of $704.22 was computed. It is FURTHER ORDERED that the parties shall be given notice of said hearing by the Clerk of Court sending a copy of this Order by ordinary mail to the parties at least 15 days before the date set for the hearing. ---------------------------------------------------------- So there it is. I'm pleased that the Court did not enter a default judgment, but should I be? At the court date, will they simply be deciding what amount I owe, or will they be deciding whether I owe anything at all? Should I be prepared to say or do anything in particular on that date, or should I simply show up and hope that Midland doesn't have the pertinent info, just as it seems that they don't? Am I correct in thinking that the burden is on them, and if I show up and they don't have the right paperwork, it could be dismissed? Any help you guys can give me would be really awesome. I hope I didn't bore you guys with too much information, but I thought that it would be better to include all the info than not enough. I'll check back frequently in case there is anything that I need to let you guys know in addition to the above. Again, thanks in advance to anyone who can provide me with any information. Otherwise, I guess I'll show up and see what happens?