• Content Count

  • Joined

  • Last visited

Community Reputation

10 Good

About Shafee

  • Rank

Profile Fields

  • Location
  1. Hello, again. It's been a very long time, but I'm having to deal with these guys again. Since my last post, they had stopped with what they were doing and kept sending me settlement papers that had a blank spot, asking me how much money I would like to send them for a settlement. I thought this was extremely arrogant! I received a large amount of papers from them dated Oct 20, 2014 with a "motion for summary judgement and brief in support." They provided 6 "material facts as to which no genuine controversy exists," including an Affidavit of Indebtedness, a ton of past statements, a bill of sale, and an affidavit of sale. Bruno: You are a prophet! That's pretty much exactly what they sent me, as well as a redacted bill of sale. Having said that, here's a problem--it has been 30 days since the date, and I received, today, a "notice of hearing certificate of service - motion for summary judgement." There is a listed court date, time, and judge. I'm trying to figure out where to go from here. I did some initial reading about this step and read that they can't prove I got this motion in the allotted time, correct? I was not served, I did not sign a paper telling them that I received the motion, and I did not see a CMRR anywhere. Is there some way I'm able to stop the hearing because of this?
  2. Hello. So I am at the point to where I've just answered their discovery for admissions/interrogatories/production of documents and have either denied or object to all their points. I've been told that the next step for me would be to file a discovery against them, specifically production of documents from the OC in WRITING. I'm still working up on how to formulate my words and all the discovery options I want to bring up, but my question here is; what is the best way to word for a production of documents in writing? Also, since I'm pretty sure these guys won't be able to get such a document, as well as show that the debt is in fact mine, what are the chances of them messing up at this point? I'm assuming they will either try to give some bogus production of documents or they will not reply within the allotted 30 days, wherein I will as for a dismissal, right?
  3. Thank you, everyone! This has to be one of THE most useful forums I've ever come across
  4. I'm having a hard time finding the format online, so I will probably visit the clerk on Monday for a form. Should I wait until the motion is accepted before I send out my response? It is already ready to go, I just have to mail it, but I am unsure if I am supposed to wait until my motion is actually accepted, or if I should send it the same time I send the motion. Thanks for the help, I greatly appreciate it.
  5. So I have my full response for an admissions/interrogatories, but I am an idiot and got too caught up with other things and have missed the 30 day period in which it needs to be sent out. It has now been 32 days -- so my question is what do I do? Should I just go ahead and mail them out anyway, do I need to file for some kind of motion of extension, or did I mess up and default my case?
  6. I did some more digging and I think this is more relevant and will work: DEFENDANT’S ANSWER TO PLAINTIFF’S REQUESTS FOR ADMISSIONS DEFENDANT, appearing pro se, for DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS, states as follows: • All Answers correspond to the numbered paragraphs of the Complaint. • All allegations of the Complaint are denied unless expressly admitted herein. 1. DEFENDANT disputes PLAINTIFF’s claims and requested document has been sent to PLAINTIFF. 2. DENIED 3. DENIED
  7. IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, Plaintiff, vs. No. --------- Shafee Defendant, ANSWER The Defendant,Shafee, denies all allegations in the complaint, other than Defendant’s name and address, and leaves the Plaintiff to its proof. ____ Would this be enough for a response? How does this look? I used a similar format that the complaint was in, although it is slightly different and has a bunch of parenthesis dividing the case number and names.
  8. Hello everyone. I received a summons some time ago, but have literally had no time to respond or research until my school was over for the semester. I’m now digging into the forums and trying to get a grasp on what to do, terms to know, etc… Every time I come back here it seems so overwhelming with specific wordage and technicalities I don’t yet understand, but I’m here, so I’m willing to learn I’ll start by answering the stick Q’s: 1. Plaintiff – MIDLAND FUNDING LLC 2. Law firm – Love, Beal & Nixon, P. C. 3. Sued for -- ~$3000 4. OC – CHASE BANK I received a summons. A person had come by and served me, but I was not available. Another person of the household signed for it and as far as I can tell by the Provision Service Requirements, this is legal in my state (Oklahoma). Previously, I had been mailed a letter from the law firm who has been placed under obligation of said debt. I was given 30 days to dispute the debt, which I did. After about two weeks, they sent their generic debt verification, consisting of my name, account # and OC. Months later, they’ve now sent a summons. I live in Oklahoma, Oklahoma County. I don’t exactly remember the last time I made a payment to the OC, but I want to say it’s been 2.5 – 3 years. The SOL for Oklahoma states 3 to 5 years. I looked up my case online and saw no “status” anywhere, so I am assuming it is simply suit served. I am currently asked to send a written answer within 35 days. I have disputed the debt with Midland Funding, but have not made steps to dispute it with the OC, Chase. I sent a DV letter to the lawyer firm, in which they responded. 15. I have 35 days as of November 29 to respond. There is no complaint number or anything labeled “complaint” I’m guessing the charge is “PETITION FOR INDEBTEDNESS” with three points: Allegation 1: Their notice for me to dispute the validity of the debt Allegation 2: Explaining that Chase provided me credit on a written credit card account. The indebtedness was duly assigned to Midland. Defendant detailed on the obligations required under the contract. Allegation 3: Defendant remains indebted to Plaintiff for ~$3000. An Affidavit of Account and/or contract is attached hereto and incorporated by reference. 16. They stated there they attached an Affidavit, but there is no such document enclosed. So, I want to provide the best possible written response before I leave for vacation to visit my family. I have about 3-4 days to get this response sent before I leave. I do have more time to send it if I really need to invest more energy, as I can send it from where I will be located during the vacation. I would really like to get it out before I leave, though. Apologies if any information is scattered and thank you all ahead of time for taking the time to give me some helpful advice. I don't know what I would do without people like you guys!
  9. All of the voice mails that have been sent did not even include a message. All I ever heard was the person saying "Hello???" and my name a few times before they would hang up. As far as me giving them my number, my OC did get my number back when I first was working with them, but I have since not given out my number, nor given them consent to call. So for an update: I sent the local lawyer firm a DV letter, as was the plan. It took them a while, but they have sent a return letter back to me. The letter gives the date the account was placed with their firm, the OC's name and address, and my old account number, X'd off to the last 4 digits. They also included a social security number associated with the account, X'd off to the last 4 digits. I'm going to look around the site for some information on what the next move is. They have provided the debt verification and obviously have my correct information, but technically this doesn't prove that the debt is still mine. It just shows that it was on an account that was in my name. They've also again "encourage" me to call them about the account, but I don't really see the point. They're just trying to take money from me. As far as I can see from this letter, there's no part here where I must reply back to them. I asked for debt verification, they sent it to me. It did not default over to automatically show that the debt is mine. Should I just wait until they send another response, or is there a better action to take?
  10. antiquedave: Thanks for the information. I have wondered if the excessive calling during the period in which I had to contact them regarding whether they may or may not send the case over to a lawyer firm can be used against them. On the "in writing" topic as a violation - so basically this has become a violation due to the ambiguity of the phrase "in writing"? In other words, they're telling me that I must literally provide a written statement, whilst the law doesn't necessarily say "written" or "in writing."(it will be in typeface, anyway). BTO429: Cease and desist definitely seems like a great claim if it were to head to courts. These guys have left me countless voice mails and have harassed my cell phone throughout the entire day. I could print out phone records for proof of harassment, yes? kutuzov: Thank you, I think this is the next step for me to take.
  11. Hello again! I received another letter in the mail, so have decided to update this post to reflect upon it. I took the simplest advice for these past two months and continued what I've been doing. Not answering their calls, waiting for a letter to come if they wish to contact me. As a result I kind of fell off the reading of this site and moved on to every day life, but knew eventually I would have to come back here Midland Funding has place my "obligation" with a local law firm -- which is who sent me a letter. Basically all they're saying is that they encourage me to call them in reference to the account(no thanks) to set up arrangements for payment. The interesting part of the letter is the NOTICE OF RIGHT TO DEBT VALIDATION. I've read briefly about this from the forums and website. I'm given 30 days to respond or the debt is to be assumed valid on my behalf. For reference, this is exactly what they wrote: Unless you, withing 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, in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm will obtain verification of the debt and mail a copy of the verification to you. Upon your written request within the 30 day period, our law firm, will also provide you with the name and address of the original creditor, if different from 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. I know what I want to do. I want to give them enough resistance until they drop the case without proof of me owing this debt. I don't want to pay this debt collector a dime. My question is, since I now seem to be on time limits to respond, what do I do first? Do I obtain and send them a DV letter?
  12. Thank you for the response! I would definitely prefer to settle out of court and relinquish no money towards them, that's for sure. So if/when I speak to them, what exactly is "knowing" whether I owe a debt? They do have my name, they have an account number, but I'm sure that is all they have as I have not given them any information, nor admitted to the debt. However, what actually would qualify as "knowing," other than flat out admitting it on record? BV80: Yes, this is the first letter I've received from them. I'm sure they have called me, but I refuse to answer calls that are listed as "private," as well as calling services calling my cell without leaving a message for me to review. I don't know that just irks me the wrong way. LR_Knight: What is a DV letter? I'm assuming it has something to do with them being able to validate my debt? I'll be sticking around here-at least throughout this case. Much of my family is the type to get victimized by all sorts of companies and I don't want to be another check mark for them.
  13. Well what I''m hoping for is to reduce the costs to as little as possible. It would be nice to get them to drop the account, since I dislike these horrible companies. I do have a conscience in not being able to pay for my debt, but looking at it now, any funds given will be going towards this terrible company. I am not familiar with the specific laws nor the paperwork, and that worries me a bit-simply because I'll need other, well-informed individuals(like you guys!) to guide me in the right direction. Ultimately I'd like to get this done with as little cost/time as possible, but I'm willing to learn.
  14. Hello everyone, I'm new to this forum and super green on dealing with legal matters myself, but I've been doing(most likely will continue) some reading around about Midland and how some people have handled this issue. I am a little unsure of where I should first start approaching this! I got behind in a credit card payment via losing my job some time ago and didn't pick the payment back up "in time" before it was turned over to a credit agency... Midland Credit Management sent me a "pre-legal notification" that is asking me to call them by 6-7-12(today) and that I send them $500 and to call and set up a payment schedule etc. etc. One thing I noticed is that they're using the word "may" a lot, as in we "may" turn this account over to an attorney. Legally, I don't see any proof that this is my debt. All they have is a balance and an original account number. My first question is where do I begin handling this? The paper says that I need to call them by today. Should I do this, and if so, what should I say? I appreciate anyone willing to aid me so I can get this ugly company out from under me!