InDebtCA

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About InDebtCA

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  1. They filed in January of 2013 and the case was dismissed in May 2014.
  2. Hey All, Did I get lucky or is there something I am missing? I don't want to celebrate too soon if that's the case. Backstory (Reader's Digest Version): Midland Funding sues me in 2011 for an account that closed in 2009. Court date arrives and they Dismiss Without Prejudice. Midland Funding sues me (again) in 2013 for the same account that closed in 2009. Court date is set for October 2014 (tell me about it) I get a notice of Substitution of Attorney. Next week, I get a letter saying the Midland Credit Management now "owns" my "account" and to contact them to set up payment options (cue: laughter) Hmm...I think. Why are they trying to collect on an account that they are suing me for? I go to my Civil Case Access online and see the following: REQUEST FOR DISMISSAL WITHOUT PREJUDICE - ENTIRE ACTION FILED BY MIDLAND FUNDING LLC I'm sorry, what?! HOORA-wait...there's more.... CASE DISMISSED WITH DISPOSITION OF REQUEST FOR DISMISSAL SUBSTITUTION OF ATTORNEY FILED BY MIDLAND FUNDING LLC Now, I am not an attorney (obviously), but since this case is dismissed without prejudice, the account was closed in 2009, and the statute of limitations in the great state of California is 4 years (2009-2013), does this mean that if they try to sue again, it's outside the statute of limitations and I can counter-sue/get the case dismissed automatically? Thank you in advance!
  3. Gotcha. I was thinking this may be a new tactic they're trying instead of sending in an affidavit. I'm brushing up on all of the cross-examination questions I can use should they bring in a witness for the deposition just in case.
  4. I've got a Case Management Conference coming up and I received the CMC statement from the Plaintiff and under the section titled "Discovery", they put down that the documents they'll have ready are their responses to my requests for discovery and interrogatories as well as a deposition. I know that when the trial comes around, most JDBs will offer up an Affidavit in Lieu of Testimony which we can then use a Civil Procedure to subpoena them for the trial. Is there a difference if the JDB uses a deposition instead? Can I still subpoena the witness and ask that the deposition be thrown out using a Motion in Limine should they not show up? Just want to know how to plan my case moving forward, thanks!
  5. And back from the dead. Couple more questions: In the interim, I still received collection notices from LRLO saying they "didn't want to take me to court" even though they already had and to settle my account with them for nearly $3000 more than they are suing me for. I received two in total, would that count towards FDCPA violations since they're suing me for one amount and trying to harass me into paying more? Also, they sent me the dog and pony show (Request for Admissions, Interragotories, Discovery) however the Proof of Service they sent had the litigating attorneys name and signature on it saying they deposited the mail to be sent to me. I was under the impression that Proof of Service had to be sent by a third party outside of the lawsuit. Am I crazy? Anyway, sending out my responses and requests ASAP. Much easier to do the second time around.
  6. Joy of joys, guess what came today: a summons. CALawyer: Would love to get in contact with you for a referral to a lawyer so that I can countersue for their FDCPA violations. What's really nice about all this (if anything could be nice) is the fact that having gone through this before and having everyone's fabulous help from here, I am very confident and know (pretty much) exactly what to do and how to move forward. I'll be sure to keep everyone updated!
  7. Received another call from them yesterday where they left a message saying that if they didn't hear from me by today, they would "do what they have to do." Luckily for me, I had my second request for validation ready and was on my way to the post office. Since they requested I call them, I did. Here's how it went! : Hi! This is XXX and I'm returning your call. Just wanted to let you know that I received your 'validation' and I'm sending my response via CMRR. : What? : A Certified Mail Read Receipt. Just want to make sure you receive it. : You were served last year, why are you fighting this? (personal favorite question) : I know my rights under the FDCPA. : Then why are you calling me? : Well, in your call yesterday you mentioned that if you didn't hear from me today that you were going to 'do what you have to do.' I didn't want to seem rude so I wanted to let you know that I was responding to your last letter with a letter of my own. : What are you sending? : You'll receive it in a couple of days. Go ahead and read over it and we'll go from there. : You're sending a Cease and Desist, aren't you? : Since I requested all correspondence to be done through writing, that's exactly what I'm doing. : Well Mr. XXX I am disappointed- He blathered on for a bit and I told him that I'm sending the letter now and that I look forward to hearing from him in the future. At least he told me to have a nice day. And I certainly will.
  8. Welp, they just sent back Verification of Debt....that included: A letter stating that they verify this debt. A typed up 'receipt' saying that they bought the account from the OC. And that's it. I will be writing back to say, "Nononononononono. This is not what I asked for. This is too cute." With a CMRR of course. Similar to what My~Cuz~n~Vinny~ used in their post in "Received a dunning letter from Weltman Weinberg & Reis (can't post links yet....boo...): RE: Your File No. xxxxxx, 2nd Notice of Dispute, Request for Validation, and Debt Collector Disclosure Statement Dear Rhonda Fletcher: Thank you for your letter of {xxxxxxxx} (copy attached). However, you have failed to give sufficient information regarding the alleged debt that you are attempting to collect. As a result, your company has not to date established nor produced any evidence of a claim, nor met the requirements of the Fair Debt Collection Practices Act. The alleged amount is invalid.The alleged debtor disputes this debt and alleged documents sent . You submitted some alleged statements of agreement between parties in reference to your first attempt at collecting an alleged debt. The documents are invalid and have no validation attached in your minimum attempt (by FDCPA standard) at substantiating evidence of your intent of claim. You also sent four pages of illegible and unintelligible documents, stating ,in part in your letter, that these were the documents requested. First contact to your employer was visually recorded and certified by U.S. Mail. This is the fourth time this debt has been disputed. Using illegible and unintelligible documents and alleged statements in contemplation of action in which you may still pursue by law, seem to show a concerning and re-occurring pattern in the Courts involving Weltman, Weinberg, and Reis.. This is a Notice that your claim is still disputed. This is a Notice that you have not sent the requested information first asked for.This is also a Second Request for Validation made pursuant to the Federal Fair Debt Collection Practices Act, [15 USC 1692g] § 809. The alleged debtor disputes your debt collection-related allegations , deny the same, and demand strict proof and verification thereof of you and/or your client’s right to pursue collection in the matter of this alleged debt. This is alleged debtors good faith effort to establish your right to pursue collection. It is required and given Notice that the attached Debt Collector Disclosure Statement must be completed and returned within 30 days of receipt. Failure to provide attached Debt Collector Disclosure Statement will put your office in administrative default. This dispute, denial, and demand are made in accordance with federal law. Please explain your relationship, if any, to {Big Bank} Please identify or describe any losses or injuries incurred by you or your client. Explain whether or not you or your client lent any money and the manner in which the disputed credit account was originated. If you have no relationship with any of the above, please explain how you are associated with the alleged debt. In my own words, obviously.
  9. Thank, DH. Just want to be absolutely clear before I move forward (again, ducks in a row and everything): They mailed me DL with added court costs (Violation #1) I sent a response asking to validate which they have not done as of today. They have called me at work twice now attempting to collect (Violation #2 and #3?) If this is true, then I know what my next step is.
  10. You're absolutely right. I was knee-jerk typing so I took a walk to calm down. It puts things into perspective.
  11. How nice of them! LRLO just called me at work (after having sent my DV stating only to contact me in writing). They told me that Midland is willing to settle for less! Wonderful news! They gave me a phone number to reach them if I wanted to settle and make monthly payments. How nice of them. Since I was in my office when I called, I didn't want to say anything over the top but I think I'll give them a nice call at lunch to verify they DID get my DV and to NEVER contact me via phone ever again and that each time they do, it's in violation of the C&D I sent them and I WILL keep track. I'll also mention that until they respond to my DV with all the information I asked for, then they can take a long walk off a short pier. Best part was, the caller ID that popped up wasn't from their offices, it was from a bum number (Greenland Financial). Oh what a tangled web we weave.
  12. All right then. ColtFan - You're absolutely right, on the dunning letter itself, they have all the debt broken down by what is allegedly owed, court fees, attorney fees, etc. Since I'm not feeling a bit feisty as of yet, I'm just sending off the DV certified with signature. If they pull anything "fishy," I'll slap them with pretty much everything that KentWA posted.
  13. Wow...thanks for all the info. Coltfan1972: Should I pursue legal action against them, should I still send the DV (plus C&D)? caLawyer: Thank you so much. Should it come down to that (which I honestly hope it doesn't), I will definitely take you up on that offer.
  14. Thanks for the advice! I'll put the DV in the mail tomorrow, await their response and move forward.