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About Tormented

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  • Birthday 04/18/1984

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  1. Hey all, It has been awhile since I posted here, but last heard I had had my case end in late Sept with ORDER OF DISMISSAL WITHOUT PREJUDICE. Well, today I got a packet in the mail regarding a Class Action Settlement against Midland Funding/MCM/Encore. TO those aware of this, is it worth filing the claim (must be done by June 1st) ? Apparently this one is over their false affidavit's. You are entitled to aprox $10, which isn't much, and they are settling for $8000 to the Plaintiff's on the docket. I know little to nothing about the LAW, so don't plan to make my own case against them. But it seems that this is a bit of a letdown. Weren't they already charged for the same thing, promised the same result ( a better method of doing their affidavits), which is what led them to this yet again. It would seem this second or third or more strike against the company as a whole would have a higher penalty. Just curious to some thoughts around here thanks -Tormented (In KS! )
  2. Sure I would have liked to get dismissal WITH prejudice but whatever. Sorta surprised I got that. LAst week I got the last 3 years of payments/transactions on a simple two page of paper in tabulated form. I sent them a response asking for what the judge demanded, the signed credit application or agreement. Then Friday I got the following from Midland. I wanted to make sure it wasn't a false, since I had a final pretrial set for end of October. So checked the court office and it is dismissed as stated. Only question I have is, do i still have to go to the pretrial or is it even on the books if dismissed? I know they can still pursue action again in the future which is why the 'without' prejudice part is a shame, but oh well. Thanks a lot to those that helped, especially Massive.
  3. Figured I'd post an update. Had pre-trial hearing today. Got the notice Tuesday (signed / sent aug 2nd, wth lol), checked with the court that it was valid and no way to change the date (was out of state up till sat, ouch, so drove back thurs.) Went in, waited 30min while others were taken care of. Then got called up, judge asked if I was disputing the claims or the card, which I explained that I never heard of or got anything thorugh the specified bank. He wasn't even sure who that bank was. He asked the plaintiff woman, and she said that honestly they are not certain, as it was a sold account or something like that. I'll post the court docket notes when the site updates with them. Basically he gave her 30 days to get me the last 12 statements, something else, and to show who the original creditor really is. I think a signed agreement? After which I have 30 days to send in writing my dispute to the plaintiff or work out a payment plan if it is my card. There was more to it, but that is the jist. Final pree-trial is oct 29th. Big Thanks to those that have helped out in this so far
  4. Welp still haven't heard anything back on my own responses to Midland, nor to my Request for Admissions from them... Is it normal to get your admissions and documents answers back from the court house with a stamp? I figure that's why you send one original and two copies all the time, but wasn't sure.
  5. Not a single word... My case was updated on the county website. So I know they got the Answer, as I also got the green cards for the cert mail. Big problem though, and Massive or anybody else... Do I HAVE to show up since I filed my answer? I'm in OKCity. Family down here and with the massive flood they had (even had life rescue boats down streets lol) we've been cleaning up and such. I can still make the drive back up (10 hours or so), but am hoping that isn't needed since the papers do say either file an answer or appear on 930 june 17th. Anybody know? Thanks!
  6. Awesome. I cert mailed mine to elizabeth and the court. Had no choice. No way to get there since car's in the shop. Its like they knew when to serve me, lol. New job, car being worked on... Plus memorial day weekend so no way to validate the summons till tuesday. Smart... seems.
  7. Lol. Elizabeth too? I hope not In the KC area. Not sure how midland would take to getting the same. But yeah sent mine via Cert mail, RR, yesterday. Admist the downpour of rain and flooded streets lol.
  8. I've updated post Post #15 as much as I can. I plan to send my Answer out Tues morning via Certified Mail. Should be sufficient time before 6/17. I have no Counterclaims as of this point. Haven't found any by Kansas either, but haven't really been able to find any in the first place. So If I don't add any, can that section be blank, or should there be no 'Counterclaims' section at all if nothing is being claimed? Thanks all!
  9. I've looked around but have seen no specifics within KS state law, other than the SOL of 3 years.
  10. nobk4me, Thanks. I'll do those edits. (Okay edited post above) As for the minor part. I don't know.Been trying to find the specific accounts records but no luck yet. I want to check on number 5 though; that doesn't at all confirm the allegation right? KS is three years for open accounts. And I know what I have been using these last 4 years, which has nothing to do with that account. Unsure if that can be worded in like that or not. As for the whole 'plaintiff has failed to state a claim'. I wasn't really clear on what that is. Since they did provide the balance, and relief they want from the judgment; which apparently isn't the same thing! Any ideas on counterclaims? I was told they should be inserted with the Answer or else can be passed by.
  11. Alright, this is what I have so far. Omitted personal information and selections that could pinpoint my identity to a browsin' employee of Midland. I hope I have this right! Any and all helpful information presented is welcome and appreciated. Any suggestions or additions? In reference to Defense #2, I don't know how to verify this, but when doing research I found this site which lists their KS license as not renewed. - idfpr .com/dpr/LicenseLookup/results.asp?page=9&pro_cde=0017&lnme=m&initial=&type=NAME&rowcount=15&checkbox=on Defense 4, 5, and 6 I assume could be worded better? Defense 6 I found while doing research and seems to apply. The full summons was stated above in the first post, if anybody does see reference to such claim upon which relief is granted? Defense 7 is a affidavit claiming 'personal knowledge of midland accounts' blah blah blah, supposed sworn statement. This may be 'iffy' ? In Defense #8, I've looked up and down, side and side, and see no license number for MCM/Midland Funding LLC. Kramer and Frank have SC#'s but no idea what those are and that isn't Midland Funding, whom is the Plaintiff. What can be counterclaimed and how would one word it? Hope this is sufficient. I hope to file Monday (case on 6/17). Vía USPS Certified Mail to Plaintiff Tourney and the Clerk of Court; with return receipt/sign on delivery papers.
  12. nobk4me, Any chance you know the details on that case? I am pretty sure this particular account would have had to have been when I was having troubles with certain things needing paid, and having a 'family-workplace' type job, the pay wasn't all that great. I wouldn't be surprised if this is the card I had to pay with to get a car repair done; it wouldn't accept discover Thanks all,
  13. That's my plan. I won't be stupid though I'll affirm my 'living location', lol. Should have my Answer posted here today.
  14. 10 things found . . . At the fair 1. Cotton Candy 2. Funnel cake 3. Tickets 4. Carnival Rides 5. My Lady 6. Exhibit hall 7. Games 8. 9. 10.