momoneymoproblems

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About momoneymoproblems

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  1. hey i just won a case without prejudice as well. BUT I WANTED TO WIN WITH PREJUDICE any idea how to do that
  2. So i have been going back and forth with Midland Funding for the last 5 months with this case against me saying I owe them money for a citibank credit card. In September i was issued a summons... I had two hearings which they tried to get a default judgement for but I showed up each time and then today when I get to the hearing they say the case is dismissed! WTH... I didn't even get to present my case or have any of the motions I filed decided.. I am very upset and angry because I knew that they didn't have anything to prove their case. So how exactly do I get a case ruled in my favor or dismissed with prejudice. And if they do decide to file again what counterclaims can I file?! Help
  3. I filed the answer to the summons and the request for production of documents. The only response i have gotten as of yesterday was Bill of Sale Credit Statement with name and account #
  4. THIS IS GREAT STUFF AND I'M FROM MISSOURI SO IT WAS A LOT OF HELP!
  5. REQUEST FOR PRODUCTION OF DOCUMENTS IN THE CIRCUIT COURT OF THE xxxxxx ASSOCIATE JUDGE DIVISION STATE OF MISSOURI MIDLAND FUNDING LLC ) ) ) Case No: xxxxxxxx Plaintiff ) VS. ) XXXXX ) xxxxxx. ) xxxxx ) ) Defendant. ) REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF MIDLAND FUNDING LLC COMES NOW Defendant XXXXX, pursuant to Civil Rule 58.01, and requests Plaintiff, Midland Funding LLC to produce the following documents for inspection and copying at, xxxx within thirty (30) days or as counsel may mutually agree. DEFINITIONS The following definitions are to be used in responding to the following interrogatories. A. “Plaintiff,” means MIDLAND FUNDING LLC, or any agent, employee, officer, director, or any other person acting on its behalf. B. “Defendant” means, xxxxxxx an individual C. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports. D. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant or Defendant and XXXXX DOCUMENTS TO BE PRODUCED 1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence. 2. The alleged credit application from Account Numbers (MIDLAND Acct#) xxxxx and (XXXXX Acct#) xxxxx bearing the defendant’s signature; 3. The alleged credit agreement from Account Numbers (MIDLAND Acct#) xxxxx and (XXXXX Acct#) xxxxx that states interest rate, grace period, terms of repayment, et cetera; 4. Itemized statements or credit card statements from Account Numbers (MIDLAND Acct#) xxxxx and (XXXXX Acct#) xxxxx that demonstrate how the alleged amount of $1000.00 was calculated; 5. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (MIDLAND Acct#) xxxxx and (XXXXX Acct#) xxxxx; 6. Letter(s) sent to defendant by Midland Funding LLC, demonstrating an attempt to collect on the alleged debt, Account Numbers (MIDLAND Acct#) xxxxx and (XXXXX Acct#) xxxxx; 7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally; 8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (MIDLAND Acct#) xxxxx and (XXXXX Acct#) xxxxx 9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt; 10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s). 11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s); 12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant; 13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (MIDLAND Acct#) 5xxxxx and (XXXXX Acct#) xxxxx; Xxxxx By: _______________________________ Xxxxx, Defendant CERTIFICATE OF SERVICE The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to:
  6. IN THE CIRCUIT COURT OF THE XXXXXXX STATE OF MISSOURI ANSWER OF THE PLAINTIFF Defendant, appearing pro se, for its reply to the Complaint naming MIDLAND FUNDING LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. ANSWERS TO COUNT 1 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 2. Admit. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. ANSWERS TO COUNT 2 1. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. As to the incorporated reference of paragraph 2of count 1: Defendant has previously Admitted that averment. As to the incorporated reference of paragraph 3 of count 1 the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07. DEFENSES 1. Midland Funding LLC has not proven that they are authorized and licensed to collect claims for others in the State of Missouri, or solicit the right to collect or receive payment of a claim of another. 2. Midland Funding LLC has not proven that they were retained by CITIBANK as it’s representative in this matter. 3. Midland Funding LLC has not proven that CITIBANK is the real party in interest. Defense demands proof of ownership specifically that the alleged account is still the legal property of CITIBANK with all of the original creditor’s rights and privileges intact. 4. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 5. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 6. Midland Funding LLC has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account. 7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 8. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. 9. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant acting pro se.
  7. Okay guys! I have seen a lot of great info on here about how to beat Midland Funding but I already was in the process of going to court when i found the website. As of right now I filed an answer and request for production of documents. For some reason my requests for production of documents was not formatted properly so they refused to answer my questions but attached a bill of sale and something with my name and account number. WHAT SHOULD I DO NEXT?!! Background Info 1.Who is suing you? Midland Funding 2. For how much? Around $2500 3. Who is the original creditor? Allegedly Citibank 4. How do you know you are being sued? Summons 5. How were you served? Were you served? Personal contact. Was served. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? I did not receive any letters that I can recollect 7. Where do you live? Missouri 8. When is the last time you paid on this account? NEVER PAID ACCOUNT 9. What is the status of your case? 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? NO 12. Does your summons require a response in writing? NO. 13. What evidence did they send with the summons? An affidavit 14. What is the SOL on the debt? 5 years
  8. I did not have a chance to do any of the documents in step 1 except for the debt disclosure which they did not return. I filed a request to produce documents and they objected to answering the questions because i didn't format it correctly. They did however attach a copy of a bill of sale between citibank and midland funding and a paper with my name and account number. PLEASE HELP. What is the next step??
  9. Hi, I am currently in the process of going to court with midland funding. I submitted a production of documents just as you had stated and the Plantiff (midland funding) objected to answering questions 1-13 because it didn't conform to the missouri rules of civil procedure. Nevertheless they did attach the same thing you talked about with the account number and named attached. I'm banking that there are no other documents available. Is there anyway that i can resubmit or file another document?