• Content Count

  • Joined

  • Last visited

Community Reputation

12 Good

About ItsBacon

  • Rank

Profile Fields

  • Location
  1. By any chance do you or your BIL have personal copies of the records release form? When it comes to these kinds of documents, especially when relating to family members, it is always advisable to get a copy of the completed signed document or insist that they copy and return the original to you AT THAT TIME simply because you never know when you will need them in the future. Unless you or your husband signed a "Consent to Bill" then neither the hospital nor the CA has any grounds to claim that you are responsible for any part of the bill. A hand written note in the margin saying "Bill to" with an arrow does not replace mandated paperwork that clearly and unequivocally states that you acknowledge and understand that your are agreeing to assume responsibility for payment. I'm pretty sure there is no where on the "Consent to Release Records" that has a line on it stating that "The undersigned hereby obligates him/her to pay the account for the medical services rendered. If this account is referred to a collection agency, the undersigned agrees to pay collection expenses. "
  2. You can actually request a copy of a minors credit report if you suspect fraudulent activity or identity theft. There are certain steps you have to take to get the credit bureau to comply because they don't want just anyone to have this personal info, but they are generally more then willing to help parents protect minors
  3. I'm not really an expert around here, but I think perhaps you might need to clarify some things. You say they filed suit, issued summons and there's been a trial date that came and went, but there's been no ruling?
  4. I have at least two, 1 for jurisdictional grounds (Suit was filed in a county that neither fit current residency nor the alleged origin of the debt by their own records) and another for violation of privacy as they made service of unsealed court documents to my sister-in-law at her residence (I believe that one falls under the "creditor is not allowed to contact or disclose information about the debt to others without permission). It's possible there may be others but those are the two that would probably be easiest.
  5. Why yes indeedy you do smell pork products! It's your old pal Bacon here back to post again with an update on my case. I don't want to post too much here because I still haven't actually gotten the full on ruling from the judge yet but after four, yes FOUR fricken hearings with the jagoff lawyers for Midland I finally managed to get it dismissed. Without prejudice unfortunately thought I pushed quite hard for it but I'm just so thrilled that this is finally over. I will give a brief rundown though. Hearing 1 - Show up in court, get called before the judge and find out to my horror that the response to msj I had mailed to the clerks (because they told me I could) had somehow never made it. I nearly have a panic attack right there in the court room because I'm convinced I've just screwed myself but the judge asked me for a brief oral argument to see if I had really prepared an answer or was just saying it to buy time. I start on my whole spiel, that the lawyers don't even have my name right, that the address on their initial court filing is an empty lot that no one lives in, let alone me, and I proceed to start tearing into the shady nature of the plaintiffs skeevy "evidence" that doesn't in any way follow any legal definition of admissible. The judge is grinning at me as he tells me that's enough, he believes me, the lawyer for Midland looks like he now has a brick in his pants. Judge gives me a week to get my paperwork filed and copies sent to plaintiff with the warning if I don't he'll rule against me. I get my butt to the clerks office and file immediately before walking outside courthouse and dissolving into a puddle of near hysterical tears as my nerves give out. Hearing 2 - Due to the extended holiday weekend between hearings Plaintiffs lawyer tries to claim he never received his copy of my response. I pull out a spare I brought with this time after learning from last week and offer it to him then and there as well as produce the postal tracking documents showing that his office had received it the day before. He declines a fresh copy. Judge asks me to verbally clarify some of my points about how the plaintiffs own supposed evidence doesn't support their case. None of their affidavits anywhere state anything about me, the alleged account, or even list any information tying them to this particular bill or sale or even transaction. They are completely generic and could be from/about anything. Two of them even specifically state on them that they in no way are evidence of any debt owed right on them in the wording body. Likewise the supposed "Bill of Sale" refers to a generic file with nothing that ties it directly to me and could be from anything. By the time I got to tearing into the alleged "statement" - a Word looking document that had none of my information correct, specifically stated across the bottom it had been "created by midland from other documents" and had random charges that were there one month, gone the next, and rising "insurance" premiums that even when paid the company never seemed to pay them in full the judge seemed to be doing his best not to start laughing. I may have been imagining it but I daresay the judge almost looked proud of me when he told the junk lawyer that I "had a lot of interesting points" and asked him what he had to say about it. He claimed he couldn't comment until he had time to read over the document. Judge gave him a week and sent me on my way. Still cried once I got outside but more over the fact this wasn't over then the break down last time. Hearing 3 - drove all the way out there (3 hours mind you) to the out of jurisdiction court house to find the lawyer wasn't there. He'd called in for a continuance due to the tornado that had ripped though the area the day before (my home wasn't touched or in any danger). I was too shocked to insist on dismissal. Judge granted another 15 days for the plaintiff to work on it's response. I go home angry Hearing 4 - still no response from Plaintiff, he again tries to claim he needs more time because my response had been so long. At this point I'm not scared anymore. I call him on his BS, point out both the court and I have been very lenient and that this only proves the point I made in my response about the frivolous nature of the entire plaintiffs case, at his ongoing attempts to cause me hardships to prevent me from defending myself which is my right. Judge agrees and grants him 15 more days to come up with a response and then he's ruling. States that this time there won't be a hearing. He has enough information and that I don't have to burn my funds traveling all the way out there. He'll make his decision after the 15 days. 15 days pass. No surprise on my part when no response is ever filed by the plaintiff. Called courthouse daily and checked online for a week now to see if there was a ruling and there it was. Those beautiful words stamped in red on the webpage for my docket. DISMISSED So there it is. For now it seems I've won. As I said I'm still waiting for the ruling to come in the mail to see if the judge made any notes, especially about why prejudice wasn't applied. I wonder if it's because as I pointed out in my response the plaintiff filed a month before the statute of limitations runs out (again, according to his own evidence. he tried to claim he still had another 3 years or so) and he technically shouldn't be able to file again after this anyways. But that's my story. I may post copies of some of the documents once the ruling comes. I know my case is bizarre and I got lucky with the judge I got so I'm not sure how much help my stuff would really be to others but I can try, right? I have to say I could never had done it without the help from here. You guys gave me the brass balls to even think I could do it in the first place, and for that I thank you muchly
  6. I know some states have things like J-Net (justice networks) set up that allow police depts and courts to access state photo ID files for when they have subjects who can't/won't produce ID or for verification of warrant services, but those are mainly for criminal investigative use. As a general rule most states don't want your driver/photo id information being publically accessable because of identity theft.
  7. Ok, been doing more research, looking for a little clarification from you legal heads out here. Been going over Oklahoma's Title 24 and found something that stuck out at me. Wondering if perhaps this might be useful somehow, if not to me then to others. No i'm not thinking I could get $5k over this, more that perhaps it might make a nice slap in the face for if not Midland, then perhaps at least their legal dogs. Or perhaps (most likely) I'm way off base and reading this wrong but I figure it doesn't hurt to ask. §24-83. False credit information or false rating - Penalty - Damages. A. Any person, firm or corporation who knowingly and willfully introduces, attempts to introduce or causes to be introduced false information into the files of a consumer reporting agency or credit bureau for the purpose of wrongfully damaging or wrongfully enhancing the credit information of any individual, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Thoughts on this?
  8. Alright, after managing to get some sleep I've gone back to re-drafting my requests for admissions, interogatories and discovery from them. I'm also trying to get together my counter because I want to get that in before they can realize how badly they screwed up with me and try to pull out. Finding myself having a hard time in the admissions and interogatories though. It's not easy to politely call someone a lying basteterd without coming off as bitter. Here's what I have so far for your critiques, rewording and comments. --------------------------------- Proposed Admissions: REQUEST FOR ADMISSIONS NO. 1: Admit that you made no attempts to contact the Defendant prior to the filing of this litigation. REQUEST FOR ADMISSION NO. 2: Admit that you and your counsel both failed to practice due diligence in ensuring you have identified the proper person as being the debt holder of the alleged account. REQUEST FOR ADMISSIONS NO. 3: Admit that you and/or your counsel both failed to practice due diligence in ensuring that you had properly identified the defendants residential location and contact information before filing this litigation. REQUEST FOR ADMISSIONS NO. 4: Admit that you made no attempts to verify the validity of the alleged account before contacting credit agencies and causing erroneous damage to the Defendants credit .... suggestions for more? Better Wording? Anything I'm forgetting that might make Proposed Interogatories: None currently. This is the part that I find myself getting more irritated with them and start making demands for answers that I go and look back and think are probably out of line. Help with this one, or if someone can direct me to a thread showing specific samples that might be appropriate for my case would make me especially greatful. Proposed Discovery: 1. The alleged credit application from WebBank bearing the defendant’s signature; 2. The alleged credit agreement or contract from WebBank that states interest rate, grace period, terms of repayment, et cetera; 3. Itemized statements or credit card statements from WebBank Account #xxxxxxxxxxxxxxx that demonstrate how the alleged amount of $XXXXX was calculated; 4. A contract, agreement, assignment, bill of sale, or other means demonstrating that Midland Funding LLC has the authority and capacity, and is legally entitled to collect on the alleged debt from WebBank 5. Any and all letter(s) sent to defendant by either Midland Funding LLC, or the original creditor WebBank, demonstrating an attempt to collect on the alleged debt, Account #xxxxxxxxxxxxxxx 6. 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; 7. Any and all further documents that you believe establish that Defendant had an outstanding account or debt related to WebBank or Account #xxxxxxxxxxxxxxx 8. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt; 9. The Affidavit of Service for the Plaintiffs initial Petition of Indebtedness against the Defendant 10. 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); 11. Any documents or communications, including all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant; 12. 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 #xxxxxxxxxxxxxxx ---------------------- As for my counter claims I am still piecing that together but I hope to have something up to critique tonight. I want to get my counter filed ASAP before they can get a chance to try and dismiss and restart everything up here in my county. I've found lots of stuff about FDCPA counterclaims like musimann's posted one in the Sample Motions/Forms/etc post, but I'm having a harder time trying to find proper wording for Failure of Due Diligence. I may have to spend tomorrow down at the law library at my court house looking for more on that. Anyways, I think that's enough to start for now. Have at it, and as always thanks.
  9. Alright. Coming in with a little update, and this one is a doozy. First off I decided to play along with the dog and pony show just a little longer to see if I might be able to get the lawfirm to give me enough rope to hang them with instead of quashing it for jurisdictional grounds right away. If I understand jursidition right they technically would be allowed to file the case there in that county if they can show that debt originated while "I" was a resident of that county. Wanted to see what they might be able to produce for discovery to back their case (most likely nothing!). That and... I don't have much heart for this. This stuff terrifies me and the idea of it getting dragged out longer because I got it dismissed on jurisdiction and they just came and made me start all over again just makes me sick to my stomach. So anyways while I had been working on my responses and talking with my inlaws about getting them to sign the affidavits that they were really the ones who were served and not me, and that the address on the paperwork was theirs and not mine I made a shocking discovery. The address on the paperwork actually doesn't belong to my inlaws. Only the PO Box does. Out in that part of Oklahoma there is no mail delivery. The nearest post office is the next town over so everyone has PO Boxes. And because everyone uses their PO Boxes, I'm sad to admit, a lot of people don't actually know their physical address off the top of their head. My father in law had to get a utility bill to tell me what his address was and that's when we noticed the discrepancy. Wrong end of the street and wrong house number. So I broke out my Google-fu to try and figure out who exactly had the physical address to see if maybe the server originally went there. And that's when this got really freaky. THE PHYSICAL ADDRESS THE LAWFIRM USED ON THE PETTITION DOESN'T EXIST. Not in the way they used it (They had a directional on it, like North or South, but that directional doesn't exist. The street actually runs the opposite way). Not even in the way that they could claim it was simply a typo. This has been nagging on me for days since I finished my responses and was trying to work on my own Admissions and Interogatories and litterly, just now, after being up all night and going through every resource I can think of to try and figure this out because it has LITERALLY been driving me crazy... I found it. Just now before I came here to post this I found it. The only possible address they could try and claim they had meant to send it to in that town.... And it's a 7,000 square foot empty lot. No house. Not even a drive way or a mail box where perhaps a house or a trailer had been before a possible fire or demolition or anything. In fact if the sat image I managed to get is right it appears to be an old abandoned baseball diamond. Words litterally cannot express the giddy, hysterical anger I'm feeling at finding this. I am trembling as I type this, laughing now and again as I try not to cry. Can I sue not only Midland but their lawyer and the process server if I have a full out mental breakdown over this? Also how do I go about getting acceptable verification of this finding. Would this be something I might need help from a realtor to get or would I be able to go down to the local tax office or where they keep the deeds or... I don't know my brain is literally broken right this second.
  10. I believe that technically speaking any bank or business that attempts to collect on a debt, being the original creditor or anyone else who takes it over is considered by definition a debt collector. Just as if you were behind in your mortgage and they called you there would be a message stating on the phone that "this is an attempt to collect a debt". I don't think that statement alone is enough to go off of as to if you can treat this as a JDB or an OC.
  11. my3dogs - I'm not the best person to listen to about this stuff, as I'm pretty new to it as well. But I've been stalking this forum for almost two months now reading over posts and trying to patch info together for my case. There's just a few little bits of adivice I can give you as a newbie though: #1 - if someone tells you something that is not what you want to hear don't get defensive about it. The people here are genuinely trying to help. And from what I've seen Bruno generally seems to know what he's talking about. Getting defensive or argumentative because someone says you are doing something wrong will only make people less willing to help you. Listen to what he's saying and go back and look at your paperwork to see the point he's trying to make. it could save you a lot of agony and frustration in the end. #2 - the best way people can help you is if you provide all info up front. that's why they stickied that questions to answer when posting . I highly recomend that you quick fill that out and post it here, along with the initial complaint that you recieved so that people can see if you are being sued by the original creditor or a junk debt buyer like Midland. It makes a HUGE difference in your case how to proceed from what I've been seeing from other people. Again, this could keep your entire case from getting tossed and you getting embarrsed and losing for filing frivolus motions and wasting the court and the lawyers time that you might end up having to pay hard earned money for. Other then that I can't contribute much other then to say good luck. I'm fighting my own fight right now so I know how frustrating this is. Remember to keep a cool head and you can get through this.
  12. Actually, since my affirmative defense already requests dismissal with prejudice, am I able to amend them to add the lack of jurisdiction? in the original I did make sure to include these two clauses: - 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). - Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, 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. and of course thank you for your advice and assistance. this forum has been a big help in keeping me sane and giving me reference to have hope I can get through this
  13. How do I file for counter claims? Is there a link to somewhere I could find forms/format on the proper paperwork? Or would this be one of those things that I could get copies of at the court house? My answer to the summons was filed only last month if that helps in determining if I can request dismissal without motion, just a little over 30 days at this point.
  14. REQUEST FOR ADMISSIONS REQUEST FOR ADMISSIONS NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required. -- Deny. Defendant claims that the Plaintiff has at this time not provided corroborating evidence with which to verify that the current defendant is the proper one. REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff’s Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required. --Deny. As the Defendant is unable to confirm that they are the right and proper party to be named in this suit, then they are also unable to confirm to any possible obligation. REQUEST FOR ADMISSIONS NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff’s petition. --Deny. As the Defendant is unable to confirm that they are the right and proper party to be named in this suit, as well as unable to confirm on the existence of any obligation, they are therefore also unable to confirm on whether or not any responsibilities were performed by the Plaintiff. REQUEST FOR ADMISSIONS NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in this Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required. --Deny. As the Defendant is unable to confirm that they are the right and proper party to be named in this suit, as well as unable to confirm that any obligation exists, they are therefore unable to confirm any default to said obligation. INTERROGATORIES INTERROGATORY NO. 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address. -- Bacon Strips, 123 Smokehouse Lane, Breakfast Oklahoma. Occupation - Homemaker. As the Plaintiff has never provided the requested contract to the Defendant, and the Defendant is unaware of the existence of said contract, the Defendant is unable to date said contract and therefore only the current address of the Defendant can be provided at this time. INTERROGATORY NO. 2: Did you obtain credit on the account referenced in Plaintiff’s petition? -- Deny. The Defendant is unaware of the existence of the account referenced in the Plaintiff petition. INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $xxxx? If not, please state the following: The date of each payment you contend was made. The amount of each payment you contend was made. the address you contend you mailed each payment to. Defendants calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance -- As the Defendant is unable to confirm the existence of any account held by the Plaintiff, the Defendant does not have enough information to be able to confirm any present balance of said account, nor any information on any payments made. INTERROGATORY NO. 4: If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter. --- (This part is what I really need help on figuring out exactly what wording to put. Any help is greatly appreciated.) INTERROGATORY NO. 5: In regard to all communications you have had regarding the account referenced in Plaintiff’s petition, state the following: The date of all letters, phone calls, memos, notes, notices, etc., that the Defendant received. The nature and subject matter of any and all such communications. Defendant’s response or reply to the communication, if any. -- The Defendant received no communications from the Plaintiff at any point before the petition was filed with the court. Therefore the Defendant is unable to make any statements on any such communications. INTERROGATORY NO. 6: State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense. --- if requested I can provide my current affirmative defenses. I think I have most of this already covered though including Statute of Frauds, Lack of Privity, Not Real Party of Interest, Lack of evidence by Plaintiff supporting claims (ownership, no contract, etc) INTERROGATORY NO. 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state: The subject matter of which such person has knowledge; The substance of the facts and opinions which of such opinion is expected to testify; A summary of the grounds for such opinion. --- would be able to provide info on the in laws who were actually serviced and provide their affidavits to said service, but otherwise they have no further info on the matter. REQUEST FOR PRODUCTION OF DOCUMENTS You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of Plaintiff’s attorney herein at 10:00 am, on the 30th day following receipt of this request, or, (2) in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories. 1. All canceled checks, money orders, cashier's checks, receipts, or other records of payment to support your answers to Interrogatories. 2. All written or tangible evidence of any communication between the Plaintiff or its transferor to support your answers to Interrogatories. 3. Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit. 4. Produce any and all documentary or tangible evidence which Defendant either expects to use or any use as evidence in the trial of this case. 5. Produce all documents Defendant has to support any additional defenses mentioned in your answers to Interrogatories.