alexh405

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About alexh405

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  1. started my own thread.. desperate and pathetic if anyone would like to take a look
  2. to all admins i'm sorry i keep making mistakes on your forum, i just am at a complete loss and stressed and have just reached my limit. im having trouble thinking clearly.. again i apologize i just need a break. from my divorce to back child support to my vehicle being impounded to sorry neither time nor place
  3. For everyone that posts here, it will help us out if you can provide the following information: (revised 11-14-2011) If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? midland funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? $2000.00 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) correct served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? oklahoma state oklahoma county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? To find out: unknown 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). unknown 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days from the 26th of december i believe... the charge is indebtedness... and no there was no questionnaire 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence with the summons....
  4. 2. bank of blah blah blah provided credit to the defendant on a written credit card account. the indebtedness arising therefrom has been duly assigned to midland funding llc plaintiff herein. the defendant defaulted defaulted on the obligations required under the contract. 3.after all applicable credits, the defendant remains indebted to the plaintiff in the amount of $might as well be a million dollars ($2,000) wherefore, the plaintiff prays for judgement against the defendant in the sum of $2000.00 with interest at the statutory rate from the date of judgement, all court costs and a reasonable attorneys fee and for such other and further relief as to this court may seem equitable, just and proper
  5. PETITION FOR INDEBTEDNESS COMES NOW THE PLAINTIFF AND FOR CAUSE OF ACTION AGAINST THE DEFENDANT ALLEGES AND STATES: 1. UNLESS YOU, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, WE WILL ASSUME THE DEBT TO BE VALID. IF YOU NOTIFY THIS LAW FIRM SATAN, DE ELZABUB, AND A JACKAL IN WRITING, WITHIN A THIRTY DAY PERIOD, THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, OUR LAW FIRM S DE AND J WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL A COPY OF THE VERIFICATION TO YOU. UPON YOUR WRITTEN REQUEST WITHIN YOUR 30 DAY PERIOD, OUR LAW FIRM S DE AND J WILL ALSO PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT THEN THE CURRENT CREDITOR THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE. Share
  6. NO REQUEST WILL BE MADE TO THE COURT FOR JUDGEMENT UNTIL THE EXPIRATION OF 35 DAYS AFTER YOUR RECEIPT OF THIS PETITION AND SUMMONS. IF YOU DISPUTE THE DEBT AND/OR REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IN WRITING WITHIN THE 35 DAY PERIOD THAT BEGINS WITH THE RECEIPT OF THE PETITION AND SUMMONS, ALL COLLECTION EFFORTS, INCLUDING THIS LAWSUIT, WILL CEASE UNTIL WE SEND YOU THE REQUESTED INFORMATION. ISSUED THIS 15 DAY OF DEC 2011 THIS SUMMONS WAS SERVED ON THE (TOTALLY BLANK) DAY OF (TOTALLY BLANK), 20 (TOTALLY BLANK) YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STated IN THE SUMMONS END OF PAGE 1....... Share
  7. IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA MMIDLAND FUNDING LLC PLAINTIFF VS JOHN DOE DEFENDANT ALIAS SUMMONS YOU HAVE BEEN SUED BY THE ABOVE NAMED PLAINTIFF AND YOU ARE DIRECTED TO FILE A WRITTEN ANSWER TO THE ATTACHED PETITION IN THE COURT AT THE ABOVE ADDRESS WITHIN THIRTY FIVE DAYS AFTER SERVICE OF THIS SUMMONS UPON YOU EXCLUSIVE OF THE DAY OF SERVICE. WITHIN THE SAME TIME, A COPY OF YOUR ANSWER MUST BE DELIVERED OR MAILED TO THE ATTORNEY FOR THE PLAINTIFF. FAILURE TO RESPOND, IN WRITING, WITHIN THIRTY FIVE DAYS, WILL RESULT IN DEFAULT JUDGEMENT BEING ENTERED AGAINST YOU.
  8. at least they waited... until the day AFTER christmas.... just got my summons yesterday.. i'm in oklahoma and after getting divorced last year and being placed on child dupport with very unstable employment, sorry i'm ranting. The point is midland is claiming i have a credit card debt with bank of america for over $2,000. ive read this thread until my eyes have crossed and ive taken 4 maximum strength excedrins. could someone, anyone please help in plain english? i'm not the brightest penny in the fountain (obviously) but i'm begging. i cant afford another attorney after my divorce, (who accomplished NOTHING btw) i dont even see a court date on this summons...... if it isnt one thing its another....
  9. PETITION FOR INDEBTEDNESS COMES NOW THE PLAINTIFF AND FOR CAUSE OF ACTION AGAINST THE DEFENDANT ALLEGES AND STATES: 1. UNLESS YOU, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, WE WILL ASSUME THE DEBT TO BE VALID. IF YOU NOTIFY THIS LAW FIRM SATAN, DE ELZABUB, AND A JACKAL IN WRITING, WITHIN A THIRTY DAY PERIOD, THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, OUR LAW FIRM S DE AND J WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL A COPY OF THE VERIFICATION TO YOU. UPON YOUR WRITTEN REQUEST WITHIN YOUR 30 DAY PERIOD, OUR LAW FIRM S DE AND J WILL ALSO PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT THEN THE CURRENT CREDITOR THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.
  10. NO REQUEST WILL BE MADE TO THE COURT FOR JUDGEMENT UNTIL THE EXPIRATION OF 35 DAYS AFTER YOUR RECEIPT OF THIS PETITION AND SUMMONS. IF YOU DISPUTE THE DEBT AND/OR REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IN WRITING WITHIN THE 35 DAY PERIOD THAT BEGINS WITH THE RECEIPT OF THE PETITION AND SUMMONS, ALL COLLECTION EFFORTS, INCLUDING THIS LAWSUIT, WILL CEASE UNTIL WE SEND YOU THE REQUESTED INFORMATION. ISSUED THIS 15 DAY OF DEC 2011 THIS SUMMONS WAS SERVED ON THE (TOTALLY BLANK) DAY OF (TOTALLY BLANK), 20 (TOTALLY BLANK) YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STated IN THE SUMMONS END OF PAGE 1.......
  11. IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA MMIDLAND FUNDING LLC PLAINTIFF VS JOHN DOE DEFENDANT ALIAS SUMMONS YOU HAVE BEEN SUED BY THE ABOVE NAMED PLAINTIFF AND YOU ARE DIRECTED TO FILE A WRITTEN ANSWER TO THE ATTACHED PETITION IN THE COURT AT THE ABOVE ADDRESS WITHIN THIRTY FIVE DAYS AFTER SERVICE OF THIS SUMMONS UPON YOU EXCLUSIVE OF THE DAY OF SERVICE. WITHIN THE SAME TIME, A COPY OF YOUR ANSWER MUST BE DELIVERED OR MAILED TO THE ATTORNEY FOR THE PLAINTIFF. FAILURE TO RESPOND, IN WRITING, WITHIN THIRTY FIVE DAYS, WILL RESULT IN DEFAULT JUDGEMENT BEING ENTERED AGAINST YOU.