sreupert

Members
  • Content Count

    20
  • Joined

  • Last visited

Community Reputation

10 Good

About sreupert

  • Rank
    Newbie

Profile Fields

  • Location
    Wissonsin
  1. 5. Denial of Liability It is expressly understood and agreed to by and among the undersigned hereto that by entering this Agreement, none of the undersigned hereto admit the truth of the allegations made by any other party, and this compromise of a disputed claim, shich should not be construed as an admission of liability on the part of any party. 6. Assigns and Successors-in-Interest This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the undersigned hereto. 7. Agreement Fully Read and Understood This agreement has been carefully read by the undersigned and the contents are known and understood by the undersigned. The recitals stated above are incorporated herein by reference. The undersigned have each received independent legal advice from the attorneys of their choice with respect to the preparation, review, and advisability of executing this Agreement. Prior to execution of this Agreement by each party, the undersigned's attorneys reviewed the Agreement, and the undersigned acknowledge that they have executed this Agreement. after independent investigation and without fraud, duress, or undue influence. 8. Applicable Law The existance, validity, construction and operation of the Agreement, and all of its covenants, agreements, representations, warranties, terms, and conditions, shall be determined in accordance with laws of the State of Wisconsin. 9. Entire Agreement This agreement sets forth the entire agreement between the undersigned, and fully supersedes any and all prior and/or contemporaneous agreements or understandings between the undersigned, which pertain to the subject matter hereof. The terms of this Agreement may not be contradicted by evidence of any prior or contemporaneous agreement, and no extrinsic evidence whatsoever may be introduced to vary its terms in any judicial proceedings involving this Agreement. 10. Modification This agreement may be modified, but only if the modification is in writing and signed by the undersigned to this agreement. 11. Servability Should any provision of this agreement be declared or determined by a court to be illegal or invalid, the validity of the remaining parts, termsm or provisions shall not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to be part of this Agreement. 12. Counterparts This Agreement may be executed in two(2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Faxed signatures may be accepted as originals. 13. Request to Credit Bureaus (a) After receipt of a fully executed copy of this Agreement, MCM will request that the national credit reporting agencies (the "Credit Bureaus") to which it reports delete MCM's reporting of the trade line(s) associated with the Plaintiff Account. The request will be submitted via a "Universal Data Form". Defendant agrees that Plaintiff's sole obligation shall be to submit the request to remove MCM's reporting of the trade line(s) associated with the Plaintiff Account. ( Defendant acknowledges that the Credit Bureaus are seperate entities from MCM and Plaintiff. Accordingly, Defendant acknowledges the MCM and Plaintif cannot quarantee, warrent, or take responsibility for the performance of the credit bureaus with respect to changing, deleting, suppressing, or making entries regarding any credit information or other information regarding Defendant or the Plaintiff in this regard, and that any action, omission and/or error by the Credit Bureaus shall not be attributed to the Plaintiff and shall not constitute a breach of this Agreement. © Defendant acknowledges that the Credit Bureaus processes for acting on MCM's request may take up to 120 days to be completed, and that MCM and Plaintiff shall not have any obligation to follow up with the credit bureaus to ensure deletion. Provided that MCM has requested deletion of the reporting of this trade line(s) associated with the Plaintiff Account, Consumer hereby waives any and all claims, whether arising in contract or tort, common law or statute, and/or federal or state law(including but not limited to, claims for any damages, attorneys' fees and/or costs) against Plaintiff that may arise subsequent to the date of this Agreement or which arise out of or relate to actions required to be taken by MCM/Plaintiff pursuant to this provision. 14. Confidentiality The undersigned herto agree that they will not, at any ime, without the express written consent of each of the other party, communicate, disclose or acknowledge the terms of this settlement, or this Agreement, to any person or entity except as required by court order, except as may be necessary to delete the trade line(s) of the Plaintiff Account with Credit Bureaus. The undersigned may disclose that this matter has been settled to the undersigneds satisfaction. 15. Mutual Drafting This agreement is the product of negotiations "at arms length" between the undersigned, both of whom are represented by counsel. As such. the terms of this Agreement is mutually agreed-upon, and no part of this agreement will be construes against the drafter.
  2. Midland Funding LLC's Representation has offered me a second STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE. Attached to the Dismissal is a SETTLEMENT AGREEMENT AND RELEASE. I would like if someone would let me know if I'm being protected if I sign this agreement: This settlement Agreement and Release (the "Agreement") is made this ___ day of ____ 2011, by and between John Doe ("Defendant") and Midland Funding LLC ("Plaintiff") (Collectively the "Parties"), WHEREAS, Defendent incurred certain debt related to a Chase Bank USA NA account identified by account number XXXXXXXXXXXX (the "Debt") and Midland Funding LLC's account number XXXXXXXX (the "Plaintiff Account"), WHEREAS, Midland Credit Management, Inc. ("MCM") services the Plaintiff Account on behalf of the Plaintiff, WHEREAS, Plaintiff has filed a complaint entitled, Midland Funding LLC v. John Doe Case No. XXXXXXX in Springfield County, in the state of Wisconsin (the "Action") and Defendant has filed a counterclaim (the "Counterclaim"); and WHEREAS, the Parties hereto desire to compromise, settle, and release any and all claims arising out of and relating to the Plaintiff Account, any sale, assignement, or transfer of the Plaintiff Account, the Action, or the Counterclaim. NOW THEREFORE in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: 1. Dismissal of Action and Counterclaim The Parties shall dismiss the Action and Counterclaim with prejudice upon the execution of this agreement. Each party shall bear its own costs and fees. 2. Release by Defendand In consideration of the promises contained herein and the relinquishment of his legal rights regarding any claims arising out of or related to the Action, the Counterclaim, the Debt, and the Plaintiff Account, Defendant, himself, his heirs, successors, legal representative managing partners, officers, directors, shareholders, employees, agents, assigns, successors, servants, insurers, and representatives (including attorneys), together with any and all other persons, firms, and/or corporations who are or might be liable (collectively, the "Plaintiff Released Parties"), from any and all claims, liabilities, demands, suits, and causes of action of every nature and kind, whether vested or contingent, accrued or unaccrued, known or unknown, in law or in equity, matured or unmatured, whether or not such claims were or could have been brought or raised in the Action, or as a result of any sale, assignment, or transfer of or collection activities related to the Debt and/or the Plaintiff Account, including without limiting the generality of the foregoing, thoseclaims expressly raised in the Action, those arising out of or relating to the facts, circumstances, or occurrences surrounding the above-mentioned Action, and those arising out of, relating to orresulting from the facts, circumstances, or occurances concerning the Debt and Plaintiff Account. 3. Release by Plaintiff In consideration of the promises contained herein and the relinquishment of his legal rights regarding any claims arising out of or related to the Action, the Counterclaim, the Plaintiff Account or the Debt, Plaintiff, itself, its representative managing partners, officers, directors, shareholders, employees, agents, assigns, successors, servants, and representatives (including attorneys), do hereby release, acquit and forever discharge Defendant and all of his agents, assigns, successors, servants, and representatives (including attorneys), together with any and all other persons, firms, and/or corporations who are or might be liable (collectively, the "Defendent Released Parties"), from any and all claims, liabilities, demands, suits, and causes of action of every nature and kind, whether vested or contingent, accrued or unaccrued, known or unknown, in law or in equity, matured or unmatured, whether or not such claims were or could have been brought or raised in the Action. In Addition, by operation of this Agreement, Plaintiff hereby represents that it will not effectuate ant future transfer, assignment, sale, trading, reaging, renaming, renumbering or any other conveyance of or activity relating to the Plaintiff Account referenced above, and will not apply to any other accounts currently owned or hereafter acquired by Plaintiff. 4. Release of Unkown Claims This agreement covers and incldes all claims that Defendant has against the Released Parties up to and including the date of this agreement, whether actually known or not, despite the fact that any applicable state and/or federal law may provide otherwise. Defendant hereby waives any rights or benefits under California Civil Code 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [DEFENDANT] DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH MIDLAND FUNDING LLC. (CONTINUED)
  3. So the Law firm offered me, on the 2nd pre trial hearing, a STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE. I had two weeks to review it and I decided that this was not in the best interest for me. I had informed the Law firm I have no proplem Dismissing the suit and my counter suit, but I needed to discuss with a leagal counsil. I ended up contacting the Law firm requesting the agreement state: At the 3rd pre-trial hearing the Law firm had informed me Midland said they didn't know if they could remove the trade line. We have our 4th pre-trial set for one month from now to wait for Midlands responce. With the idea that we will come to an agreement for dismissal. My question is: Can Midland delete the trade line? I believe they can, right? They just need to stop reporting it. I just want to make sure that after I settle this that Midland doesn't keep reporting it on my credit report and if they do there is a penalty or another way of getting it removed. What should I do?
  4. OK... I think I have confused a few of you folks. The 1st letter posted is what I had actually received from the law firm. Quoted below: Let me say this again. The previous letter is what I was offered from the law firm. I don't believe this is in my favor so I was going to suggest or somehow ask for the second letter. I DID NOT RECEIVE THE 2nd LETTER I am planning on presenting it to the law firm representing Midland. I'm not sure how to present it I guess. Would I need to restate it from the Defendent?
  5. So I was just able to review the offer I was presented and it states: I don't believe this is in my favor. I'm not exactly sure what "STIPULATION" is in leagal terms but I think I am going to offer something like this: Please provide thoughts ASAP! Much appreciated
  6. Today I went to a pre-trial hearing and Kohn Law firm in WI had offered me a Dissmissal with prejiduce if I dropped my counterclaims. I didn't sign anything on the spot because I truthfully feel as if I have a case. I had told their lawyer I wouldn't be opposed to dissmissing the counterclaims and the case as long I I know that Midland Funding would not be able to report this on my credit report any longer. I'm just trying to protect my-self. I have two week until my next pre-hearing (3rd). Will Midland be able to report this on my credit reports if they have signed a dissmissal? Will this be sent back to the OC seeing Midland had purchased it? What can I do to ensure protection for myself? Thanks everyone for all your help! I wouldn't have been able to even have the option of dissmissal without the forum. Much appreciate!
  7. STATE OF WISCONSIN, CIRCUIT COURT, MILWAUKEE COUNTY Case No: xxxxxxxxxxxxxxxx Plaintiff, MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC Vs Defendant, JOHN DOE Dont back down lane Wauwatosa, WI 53213 RESPONSE TO PLAINTIFF’S FIRST SET OF REQUEST FOR ADMISSIONS, INTERROGATORIES, & DOCUMENTS Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Admissions, Interrogatories, and Documents states as follows: All Answers correspond to the numbered paragraphs of the Request. All allegations of the Request are denied unless expressly admitted herein. REQUEST 1. DENIED - Defendant has already denied recollection of this card and therefore this question is improper. 2. DENIED - Defendant has already denied recollection of this card and therefore this question is improper. 3. DENIED - Defendant has already denied recollection of this card and therefore this question is improper. 4. DENIED - Defendant has no recollection of receiving any statements from Plaintiff, nor has proof of the delivery been provided. 5. DENIED - Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 6. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 7. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 8. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 9. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 10. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any purchases. 11. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 12. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 13. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. Furthermore, Defendant has not seen any authenticated records showing how alleged balance was calculated. 14. DENIED - Plaintiff is requesting information that should be in Plaintiff's possession. Defendant has denied knowledge of the account and would not have records reflecting any payments. 15. DENIED - Plaintiff's request is intrusive and irrelevant to this case. 16. DENIED - Plaintiff's request is intrusive and irrelevant to this case. 17. DENIED - Defendant has no recollection of receiving any letter, Exhibit B, from the Plaintiff, nor has proof of delivery been provided. 18. DENIED – Defendant has disputed and requested Midland Funding LLC in writing a to validate, not verification of the account they believe to be the plaintiffs with a detail request of items and had little if any compliance 19. DENIED – Plaintiff is Midland Funding LLC, not a nationally chartered bank. Therefore required to send notice of rights to cure default pursuant to s. 425.104 and 425.105, Wis Stats. Interrogatories 1. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 2. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 3. Objection - Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not his response set forth and or legal basis for setting forth such a response. Calls for guesswork by the Defendant. 4. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 5. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 6. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 7. Objection - Plaintiff's request seeks information that should be in Plaintiff's possession. On March 21, 2011, and April 8, 2011 a Midland Credit Management Employee at the address of 8875 Aero Dr, San Diego, CA 92123 signed for the Defendants response and request for validation. 8. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 9. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 10. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 11. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence. 12. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 13. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 14. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 15. Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement but plaintiff has not yet responded. Defendant reserves the right to supplement his answer to this interrogatory in the event such information is provided. 16. Defendant, not being a lawyer or trained in legal matters, has based his counterclaims off his interpretations and understanding of the Fair Credit Act and such cases as: FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000, FCRA Section 605 © Running of the reporting period, Failure to validate the debt while continuing to pursue collection. FDCPA Section 809(, Failure to validate the debt while continuing to report it to the credit bureaus. FDCPA Section 809(, The Defendant had requested validation of dept with a list a specific information requested to the account from Midland 2 times prior to being served a summons. Only to receive a letter stating the defendant had not provided sufficient information to investigate the dispute followed by a letter stating the account as “accurate”. 17. The Defendant had viewed his 3 credit report and noticed the dates the account was opened and assumed this was the date the account is aged from. 18. The defendant had requested validation of the account multiple times prior to being served with a summons. The Plaintiff ignored the requests of the Defendant and moved forward with legal action to collect on a debt without validating it as the Defendants. Actions to move forward to litigation by the Plaintiff has caused the Defendant to endure numerous hours of self study of civil law in effort to protect himself. This has been a overwhelming burden to the Defendant and a violation of the Fair Credit Act. Documents: 1. Defendant has denied knowledge of the alleged account and therefore would have no documentation. 2. Defendant has denied knowledge of the alleged account and therefore would have no documentation.. 3. Defendant has denied knowledge of the alleged account. Furthermore Plaintiff has requested documents that should be in Plaintiff's possession. 4. Irrelevant and overly burdensome. 5. Irrelevant and overly burdensome. 6. Defendant has denied knowledge of the alleged account. Furthermore Plaintiff has requested documents that should be in Plaintiff's possession. 7. Plaintiff has requested documents that should be in Plaintiff's possession. Any additional documents will reference federal and state stats. and assumes knowledge of Plaintiffs attorney or readily accessible. By the Defendant acting pro se. Dated: 7/06/2011 JOHN DOE By: _______________________________ JOHN DOE Dont back down lane Wauwatosa, WI 53213 DO I NEED TO SEND THIS WITH AN AFFIDAVIT?
  8. I had my pre trial hearing June 7th and have not done anything since. Now I have court in 1 week. I received a letter from the law firm regading discovery, affirmations, interogoratories, documentation arounf the 16th and have not replied. It said I have 30 days to reply but our court date falls in that 30 days. I'm putting together my responce now. No I did not request anything from them as far as discovery goes. Seeing court is set for 7 days from now I suspect I cant. They have provided copies of statements to me and some letter they say they had sent. Do I still have the option to request documentation and other discovery stuff? I'm in WI.
  9. I need help responding to Special Interrogatories. I have some replies but looking for advice. My court date is next Tuesday so I need a reply fast, as it will still fall in the 30 days response time: Interrogatories 1. List your full legal name, date of birth, and the last four digits of your ss#. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence. 2. Please list all addresses at which you've resided and or received mail between Nov 15, 2006 and the present date, including the dates applicable to each address. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence. 3. If your responces to any of the Requests to Admit were anything other than unqualified admissions, set forth factual and or legal basis/bases for setting forth such a response. HELP! 4. If you believe that anyone other than yourself is liable for this debt, whether in whole or in part, state the name and address for each person you believe is wholly or jointly responsible. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 5. List all banks which you had depository accounts between Nov 15, 2006 and May, 2008 including the name of the bank and the address of the branch at which you primarily conducted your banking transactions or activities. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence. 6. List all bank accounts from which funds were drawn to pay your bills, including but not limited to credit card accounts, between nov 15, 2006 and may 2008. This request includes all bank accounts regardless of whether your name was listed on the account. Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence. 7. Please provide the following information relevant to any billing disputes communicated by you or an authorized representative to First USA, Chase Bank, Visa, Midland Funding LLC, and or any other third-party regarding the account: a. to whom the dispute was communicated and or directed b. list all parties involved in the communication c. the dates of the communication d. the method of communication e. the substance of the dispute. HELP! 8. if your responce to Request to Admit No. 11 was anything other than an unqualified admission, please state the following a. date on which you believe you last submitted a payment on the account b. the amount c method d. address submitted to. HELP! 9. Specify in detail any and all steps you took to review the validity of this debt and/or whether or not this is your credit card account balance HELP! 10. State in detail any and all steps you took to contact Midland Funding LLC to discuss this debt. HELP! 11 Describe in detail any and all records you reviewed and or persons with whom you communicated to review tha validity of this debt and/or whether or not this is your credit card account balance. HELP! 12. If you acknowledge having this credit card account, but your dispute is limited to the balance, please state what you believe the balance was at the time you stopped making paymets. Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 13. If you dispute any of the info attached as exhibit A itemize those ..... Objection - Defendant has already denied knowledge of the account and would therefore have no such facts. 14. if your responce to # 4 was anything a=other than unqualified admission ..blah HELP! 15. Identify any and all documents turned over by the plaintiff for which you dispute the authenticity of said dacuments, and provide the following information for each document in which you dispute the authenticity: a. basis for contention.. b. step youhave taken to determine the authenticity c. identify winesses... d. identify evidence Defendant objects to this Special Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement but plaintiff has not yet responded. Defendant reserves the right to supplement his answer to this interrogatory in the event such information is provided 16. Set forth in detail any and all facts upon which your counterclaim(s) are based HELP! I have a claim(s) against the plaintiff and demand judgment against the plaintiff for $1,000 on each of the following violations, per occurance, plus interest, costs, attorney fees, if any, and such other relief as the court deems proper. 1.Acting as both the “Purchaser” and ‘Assignee’. FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000) 2.Trying to “Re-Age” this account in hopes of keeping the negative information on my credit report longer.FCRA Section 605 © Running of the reporting period 3.Failure to validate the debt while continuing to pursue collection. FDCPA Section 809( 4.Failure to validate the debt while continuing to report it to the credit bureaus. FDCPA Section 809( Midland Credit Management received multiple request for VALIDATION of the account with specific requests that had been mearly ignored. Letters were sent 3/18/11, 4/6/11 & were received by Midland Credit Management on 3/21/11, 4/8/11. VALIDATION was not supplied in accordinance with The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2) 17. specify in detail all legal and factual bases upon which you allege that the plaintiff tried to "re-age" this account. HELP! (I had noticed dates on my credit report only) 18. Specify in detail all legal and factual bases upon which you allege that the plaintiff failed to validate the debt, thereby entitling you to damages. HELP! (I received a letter stating they hadn't nor needed to validate the debt because they weren't the OR)
  10. STATE OF WISCONSIN, CIRCUIT COURT, MILWAUKEE COUNTY Case No: xxxxxxxx Plaintiff, MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC Vs Defendant, 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 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. 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. 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. 2. Lack of Standing - Plaintiff has not provided a chain of ownership and, therefore, has not proven legal standing to sue. 3. Midland Funding LLC did not serve a "notice of Right to Cure" 15 days prior to suit as stated in Sec. 425.104 & 105 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. Midland Funding LLC has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account or PROVIDE STATEMENTS SHOWING ALL TRANSACTIONS BEING SUED FOR or DETAIL ALL STATEMENTS OF THE ACCOUNT BACK TO ZERO as stated in The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2) 6. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. COUNTERCLAIM I have a claim(s) against the plaintiff and demand judgment against the plaintiff for $1,000 on each of the following violations, per occurance, plus interest, costs, attorney fees, if any, and such other relief as the court deems proper. 1.Acting as both the “Purchaser” and ‘Assignee’. FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000) 2.Trying to “Re-Age” this account in hopes of keeping the negative information on my credit report longer.FCRA Section 605 © Running of the reporting period 3.Failure to validate the debt while continuing to pursue collection. FDCPA Section 809( 4.Failure to validate the debt while continuing to report it to the credit bureaus. FDCPA Section 809( Midland Credit Management received multiple request for VALIDATION of the account with specific requests that had been mearly ignored. Letters were sent 3/18/11, 4/6/11 & were received by Midland Credit Management on 3/21/11, 4/8/11. VALIDATION was not supplied in accordinance with The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2)
  11. I already had my pretial hearing where I had submitted my ansers to Midlands initial complaint and submitted a counter suite. I would will have to say I feel like this next step is a little above me and I need some help. My initial anser to the complaint is in another post if you need to review: See my account and then Responce Letter. I can't post links I received a responce letter where midland responded: 1. The defendant's couterclaim fails to state a claim upon which relief can be granted. 2. The defendant has failed to mitigate his damages. 3. The defendant is barred by legal doctrines of estoppel and or waiver. 4. The defedant is barred by the applicable Statute of Limitations 5. The defendant's counterclaim is preempted by federal law. I don't believe I need to do anything with this but I'm looking for opinions. What I'm really looking for advice on is the second packet I had recieved in the mail on 6/16/11. This is the "Request for admission, interrogatories and requests for production of documents" In this 32 page packet it has a set of instructions. The first thing I had noted is that it reqests a responce within (30) days of the service of the document. Which 30 days will fall after the court date. Do I need to reply? Then comes the REQUESTS FOR ADMISSION Request # 1. Admit that on or about Nov 15, 2006 you applied for and opened a Heritage First USA/Chase Bank Visa credit card account bearing number xxxxxx 2.Admit that you used the account for personal use 3. Admit that you used the account to make purchases 4. Admit that each month you received an itemized billing statement from Chase describing your account activity for that month. 5. Admit that the documents attached hereto as Exhibit A are true and accurate copies of monthly billing statements that you received from chase for the account. 6. Admit that on or about Dec 15 2007 you made a payment of $341.27 to the account 7. Admit that on or about Mar 5 2008 you made a payment of $265.00 to the account 8. Admit that on or about Apr 16 2008 you made a payment of $319.00 to the account 9. Admit that on or about May 28 2008 you made a payment of $100.00 to the account 10. Admit that on or about July 7 2008 you used the account to charge $61.45 to Shell Oil in XXXXXXX, WI 11. Admit that the $100.00 payment made on or about May 28, 2008 was the last payment you ever submitted on the account. 12. Admit that you have no records in your possession to substatiate that you made any payments on the account subsequest to May 28,2008. 13. Admit that at the time you submitted you payment of $100.00 on or about May, 28 2008 there remained on account balance of $2,455.28 14. Admit that subsequent to May 28, 2008 you went into default on the account by failing to submit the minimum payment. 15. Admit that between on or about Oct 15, 2007 and on or about April 14, 2009 you resided at and/or you received your mail at xxxxx Milwaukee, WI xxxxx 16. Admit that on or about January 9, 2011, you resided at and/or received mail at 5555 N 555 St. Milwaukee WI 55555. 17. Admit that on or aboutJanuary 9, 2011 you recieved the letter attached hereto as Exhibit B, which was a letter from Midland advising you that midland had acquired all rights, title and interest to the account. 18. Admit that at no time have you ever submitted a written billing dispute to First USA, Chase Bank, Visa Midland Funding LLC and or third party regarding the account. 19. Admit that as a nationally chartered bank, chase was not required to send you a notice of rights to cure default pursuant to s. 425.104 and 425.105, Wis Stats. Interrogatories 1. List your full legal name, date of birth, and the last four digits of your ss#. 2. Please list all addresses at which you've resided and or received mail between Nov 15, 2006 and the present date, including the dates applicable to each address. 3. If your responcesto any of the Requests to Admit were anything other than unqualified admissions, set forth factual and or legal basis/bases for setting forth such a response. 4. If you believe that anyone other than yourself is liable for this debt, whether in whole or in part, state the name and address for each person you believe is wholly or jointly responsible. 5. List all banks which you had depository accounts between Nov 15, 2006 and May, 2008 including the name of the bank and the address of the branch at which you primarily conducted your banking transactions or activities. 6. List all bank accounts from which funds were drawn to pay your bills, including but not limited to credit card accounts, between nov 15, 2006 and may 2008. This request includes all bank accounts regardless of whether your name was listed on the account. 7. Please provide the following information relevant to any billing disputes communicated by you or an authorized representative to First USA, Chase Bank, Visa, Midland Funding LLC, and or any other third-party regarding the account: a. to whom the dispute was communicated and or directed b. list all parties involved in the communication c. the dates of the communication d. the method of communication e. the substance of the dispute. 8. if your responce to Request to Admit No. 11 was anything other than an unqualified admission, please state the following a. date on which you believe you last submitted a payment on the account b. the amount c method d. address submitted to. 9. Specify in detail any and all steps you took to review the validity of this debt and/or whether or not this is your credit card account balance 10. State in detail any and all steps you took to contact Midland Funding LLC to discuss this debt. 11 Describe in detail any and all records you reviewed and or persons with whom you communicated to review tha validity of this debt and/or whether or not this is your credit card account balance. 12. If you acknowledge having this credit card account, but your dispute is limited to the balance, please state what you believe the balance was at the time you stopped making paymets. 13. If you dispute any of the info attache as exhibit A itemize those ..... 14. if your responce to # 4 was anything a=other than unqualified admission ..blah 15. Identify any and all documents turned over by the plaintiff for which you dispute the authenticity of said dacuments, and provide the following information for each document in which you dispute the authenticity: a. basis for contention.. b. step youhave taken to determine the authenticity c. identify winesses... d. identify evidence 16. Set forth in detail any and all facts upon which your counterclaim(s) are based 17. specify in detail all legal and factual bases upon which you allege that the plaintiff tried to "re-age" this account. 18. Specify in detail all legal and factual bases upon which you allege that the plaintiff failed to validate the debt, thereby entitling you to damages. Request for Documets. 1> payment not appropriatly applied to your account 2. Copies of any written billing disputes submitted to First USA, chase Bank, Visa, Midlan Funding 3. Copies of documents you plan on producing at trial 4. Producecopies of all bank statements for all depository and owned or maintained on these dates.... 5. Copies of all bank statements... 6. Produce any docs in your possession regarding this account 7. Produce copies of any and all docs that you intend to rely upon in relation to your counterclaim. Dated this 9th day of June. 2011 What do I NEED to do to not RUIN my chances of Beating these blood suckers!
  12. OK, so I had my official answer to the complaint drafted with defences and counter claims all set to file. Went to the court house and was informed I don't need to file a responce until courtdate. "Small claims", I thought this might be the case. I wanted to find out if their would be any benefit of filing a responce before court date or if I just show up on the date with my written responces and turn it in then.
  13. Below is the updated version of my answers to the complaint. I have kept the all the counter suits even if they aren't strong because unless you try you won't win. Is there anything negative that could happen by keeping these? I also have removed a few defences. All the ones that had Chase listed. I reworded the previous #4 now #3 because of something I read. Stated in previous post. Please review and provide feedback at your discression. Much appreciated. MILWAUKEE COUNTY Case No: XXXXXXXXX Plaintiff, MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC Vs Defendant, JOHN DOE HICK LANE MILWAUKEE, WI 53202 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 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. 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. 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. 2. LLC Lack of Standing - Plaintiff has not provided a chain of ownership and, therefore, has not proven legal standing to sue. 3. Midland Funding LLC did not serve a "notice of Right to Cure" 15 days prior to suit as stated Sec. 425.104 & 105 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. Midland Funding LLC has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account or PROVIDE STATEMENTS SHOWING ALL TRANSACTIONS BEING SUED FOR or DETAIL ALL STATEMENTS OF THE ACCOUNT BACK TO ZERO as stated in The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2) 6. 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). 7. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. 8. Defendant reserves the right to submit additional 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. COUNTERCLAIM I have a claim(s) against the plaintiff and demand judgment against the plaintiff for $1,000 on each of the following violations, per occurance, plus interest, costs, attorney fees, if any, and such other relief as the court deems proper. 1.Acting as both the “Purchaser” and ‘Assignee’. FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000) 2.Trying to “Re-Age” this account in hopes of keeping the negative information on my credit report longer.FCRA Section 605 (c) Running of the reporting period 3.Failure to validate the debt while continuing to pursue collection. FDCPA Section 809( 4.Failure to validate the debt while continuing to report it to the credit bureaus. FDCPA Section 809( Midland Credit Management received multiple request for VALIDATION of the account with specific requests that had been mearly ignored. Letters were sent 3/18/11, 4/6/11 & were received by Midland Credit Management on 3/21/11, 4/8/11. VALIDATION was not supplied in accordinance with The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2) By the Defendant acting pro se.
  14. Yes! There was an Afidavit. Regarding defence #4 I only insirted it because of a thread I had come accross by Trueq who has worked in WI and against Kohn Law firm, there representative. He said at this link: www .creditinfocenter.com/forums/there-lawyer-house/284690-great-news-consumers-wi.html (You need to remove the space after www as I do not have enough post to post a link) Would you still suggest removing it? If not does it just need to be reworded?