Jump to content

crimsonblaze

Members
  • Posts

    49
  • Joined

  • Last visited

Profile Fields

  • Location
    California

Recent Profile Visitors

361 profile views

crimsonblaze's Achievements

Advanced Member

Advanced Member (3/6)

4

Reputation

  1. I've decided to go ahead and settle this with Midland. Although I hate to send them a rather large check, I believe it's the best thing for me to do. If I were still in California, I'd go through as many hoops as I had to in order to fight this. The fact that I'm 1,700 miles away makes it difficult. I'm also a small business owner, so taking time from work to fly to California presents some challenges. Putting this behind me now will be worth the settlement amount. Thanks to everyone who has helped me out with my particular case. I'm very grateful.
  2. The court has an online service that allows you to request copies of documents. I'll have to download it tomorrow to see if there is a proof of service. I'm not sure how I can properly serve a subpoena for the declarant when I no longer live in California. Is this something that can be done by mail or FedEx? Also, does the MIL and Trial Brief need to be filed prior to the court date? I'm about 1,700 miles away which makes things a little difficult.
  3. Midland filed a Declaration of Plaintiff in Lieu of Personal Testimony at Trial (CCP 98) exactly 30-days before trial. I never received a copy of this. I just learned about it this evening when someone recommended I check the court records online to see if this was filed without my knowledge.
  4. Because my defense centers around ownership of the account, I thought I'd provide you with some information on the documents they sent me in response to my Request for Production of Documents. Original Sale of Account Affidavit of Sale Sale of a "pool of charged-off accounts" from Chase Bank to Equable Ascent Financial, LLC FKA Hilco Receivables, LLC Signed by an officer of JPMorgan Chase Bank, authorized on behalf of Chase Bank to execute the affidavit. Certification of the Certificate of Merger merging HIlco Receivables with and into Equable Ascent Financial. Additional documents concerning the merger. No mention of my particular account number Sale of Account from Equable Ascent Financial to Midland Funding Bill of Sale between Equable and Midland. The Bill of Sale has been redacted. The paragraph that includes descriptive information regarding the electrionic file sold to Midland has been blacked out, including the name of the file. Affidavit of Sale of Accounts by Debt Seller Signed by the Legal Agency Network Manager of Equable Ascent Financial confirming the sale of a "pool of charged-off accounts" to Midland that were originally purchased from Chase. There is a printout from Midland that includes my account number, address, name of the original creditor, etc. The bottom of this page reads, "Data printed by Midland Credit management, Inc. from electronic records provided by Equable Ascent Financial, LLC pursuant to the Bill o Sale/Assignment of Accounts transferred on our about ***** in connection with the sale of accounts from Equable Ascent Financial, LLC to Midland Funding, LLC."
  5. No, RyanEX. I haven't received a CCP 98 Declaration/Affidavit in Lieu of live testimony. I haven't received anything from them for more than a year.
  6. Do you know what kind of witnesses Midland usually comes up with to provide testimony regarding the transfer of ownership? Who do they usually work for? I can't see how someone can have first-hand knowledge concerning the transfer of ownership unless they worked for the credit card company directly. Because ownership switched hands a second time, they would need a second witness, as well. Without first-hand knowledge, their testimony would be hearsay. Even if they serve a CCP 98 affidavit, It would be difficult for them to adequately lay a foundation showing the person/witness is qualified to give such testimony.
  7. I believe I've become the poster child for making sure you have all your deadlines written down do you won't miss any of them. I have a trial date coming up with Midland in California in less than a month, and completely forgot to send them my CCP 96 demand. I'm not sure if this means my case is a total loss. Midland is suing me for roughly $7,000. My husband has phoned them on a few occasions and has gotten them to agree to accept a settlement equal to about 60%. It's still a lot of money, so I'm not sure if I should pay up and be done with this. The funny thing is that I've never spoken with Midland by phone, nor have I given them permission to discuss the account with my husband. I'm not sure if they've broken some laws that would be worth a countersuit. Because I missed my opportunity to send a CCP 96 demand, I'm wondering how this will affect my chances in court. My defense is that Midland is not the legal owner of the account. The account has changed ownership twice, and they've only provided copies of documents that state a group of accounts were purchased, not my specific account. (I'm sure the documents are typical of what others on this forum have received.) Any advise or words of wisdom? I really could use some input. Thank you.
  8. Hot in Az -Thanks for recommending I PM Calawyer about this. He's been a tremendous help! It turns out the Notice of Trial/Hearing I received from the court reflected an incorrect date. My notice said the trial was in 2013. When I called Midland's attorney to ask if they would stipulate to a continuation, based on the fact that I'm out of state, they said the trial wasn't until 2014. I phoned the court and confirmed the trial was more than a year away. (They're sending me a corrected notice in the mail). Now I can breathe a huge sign of relief! I'm not sure if my next move should be a to send Midland a follow-up RFP to request copies of the missing documents regarding chain of ownership. Like most people who end up on the receiving end of a Midland lawsuit, they provided me with a couple affidavits that aren't admissible at trial. My other option is to file a Motion to Strike to start attacking their evidence. What do you think?
  9. It's a credit card account. They sent me an affidavit regarding the sale from the Chase Bank to the collection agency who originally purchased the pool of accounts. Then they provided a bill of sale between this collection agency and Midland. There is a computer printout of my account information attached to the bill of sale, but this was genrated by the collection agency who sold some accounts to Midland. There is no backup documentation or bill of sale furnished by Chase Bank. The SOL for Delaware is 3 years. The suit was filed prior to this time. I never requested a Bill of Particulars. I sent them an RFP. The only affadavit I received concerned the sale of a pool of accounts from Chase Bank to the collection agency that originally purchased them. I never requested or received a CCP96. The trial is less than 20 days away.
  10. I found the following information online. #10 is Motions in limine, so it appears I had 25 days before trial. This time has already elapsed. By the time I received the Notice of Trial/Hearing, I would have only had a couple days to put something together. What is the likelihood of my being able to have the court date postponed? 2013 California Rules of CourtRule 3.1548. Pretrial submissions A. Service Service under this rule must be by a means consistent with Code of Civil Procedure sections 1010.6, 1011, 1012, and 1013 or rule 2.251 and be reasonably calculated to assure delivery to the other party or parties no later than the close of business on the last allowable day for service as specified below. B. Pretrial exchange No later than 25 days before trial, each party must serve on all other parties the following: (1)Copies of any documentary evidence that the party intends to introduce at trial (except for documentary evidence to be used solely for impeachment or rebuttal), including, but not limited to, medical bills, medical records, and lost income records; (2)A list of all witnesses whom the party intends to call at trial, except for witnesses to be used solely for impeachment or rebuttal, and designation of whether the testimony will be in person, by video, or by deposition transcript; (3)A list of depositions that the party intends to use at trial, except for depositions to be used solely for impeachment or rebuttal; (4)A copy of any audiotapes, videotapes, digital video discs (DVDs), compact discs (CDs), or other similar recorded materials that the party intends to use at trial for evidentiary purposes, except recorded materials to be used solely for impeachment or rebuttal and recorded material intended to be used solely in closing argument; (5)A copy of any proposed jury questionnaires (parties are encouraged to agree in advance on a questionnaire); (6)A list of proposed approved introductory instructions, preinstructions, and instructions to be read by the judge to the jury; (7)A copy of any proposed special jury instructions in the form and format described in rule 2.1055; (8)Any proposed verdict forms; (9)A special glossary, if the case involves technical or unusual vocabulary; and (10)Motions in limine.
  11. Here we go! I received a notice from the courthouse saying a trial date has been scheduled for later this month. I actually wasn't expecting this so soon because I just responded to Midland Funding's demand for production of documents, requests for admission, and special interrogatories about a week ago. I've moved out of California, but the court participates in the CourtCall system. I'm hoping to schedule to appear by phone. What is the best defense strategy at this point for lack of standing? #19 below spells out the documents Midland sent in response to my RFP. When it comes to the sale/transfer of all right, title, and interest to the account, I believe the documents they provided are insufficient. Should I do a court appearance by phone and argue that Midland has not provided evidence that substantiates their ownership of the account? Should I send a follow-up RFP asking for the documentation that's missing? Can I file some kind of motion with the court to tear down their evidence? My husband is still in California, so I'm able to sign documents, send them to him overnight, and have him mail things on my behalf or file papers with the court in person. My sincere thanks to everyone in this excellent community who have been helping me through this! 1. Who is the named plaintiff in the suit? Midland Funding. They claim all right, title, and interest to the account was sold to them. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding, no outside lawyer. 3. How much are you being sued for? $6,000+ 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA, N.A. 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Left summons at a commercial address where I have a mail box. 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. I've since seen copies of their collection notices. However, the notices were mailed to an incomplete address - a commercial address where I have a mailbox without a mailbox number. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Three years. 11. What is the SOL on the debt? SOL has passed. 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). I filed a General Denial and sent a RFP to the Plaintiff (Midland). They responded by sending me documents outlined in #19 below. Midland sent a demand for production of documents, requests for admission, and special interrogatories. I responded to these in late July. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. 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. I never received any collection notices from Midland. 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. I responded to the suit in time by filing a General Denial. 16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. The cause of action is account stated: "... became indebted on the Account to Plaintiff in the sum of $--- on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff." 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. The summons doesn't include a signed declaration. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was sent with the summons. In response to my RFP, they provided me with an affidavit regarding the sale of a pool of accounts from Chase to 'Collection Agency A' and a bill of sale for a pool of accounts from 'Collection Agency A' to Midland. There is no bill of sale or backup documents regarding the initial sale of the pool of accounts by the original creditor to the collection agency who originally purchased them.
  12. California has a form MC-040, Change of Address or Other Contact Information. It appears I'm required to fill this out. My fear is that Midland will take advantage of the fact that I've moved out of state by requesting a court date and forcing me to appear in person. That's the last thing I want to do!
  13. Midland filed a lawsuit against me in California earlier this year. So far, I've been through the process of sending them a RFP, receiving their response, receiving their Request for Production of Documents, and recently responding to that. I moved out of state last June, and am no longer in California. Are there steps I can and should take to notify Midland and/or the court? My husband is still in California, so he's able to forward any mail to me and send signed documents to Midland on my behalf. He'll be leaving California in September or October, though. Midland filed the lawsuit while I was temporarily living in California after the death of my father. Is it possible for me to request a change of venue to my home state? Any information would be greatly apprecaited. I haven't been able to find any information on the boards about what happens when you move out of state. Thank you.
  14. Thanks! I have my responses prepared and ready to go. Do any of you know what typically happens after a Defendant responds to Midland's demand for documents? I still have two questions that haven't been addressed here. If someone could help out, I'd truly appreciate it. 1. Now that I've moved out of state, and are no longer in California, are there steps I should take to notify Midland and/or the court? I've started a new job, so it would be a hardship to travel to appear in person if this goes to court. 2. Because Midland did not provide me with any documents (in response to my RFP) that prove that all rights, title, and interest in my account was transferred to them, should I challenge their evidence and their standing to sue me? If so, what steps does this involve? Many thanks for all the help!!!!
  15. Thanks for the info, Seadragon. I need some guidance on another issue. Midland filed suit against me while I was temporarily living in California after a death in the family. I moved back home, out of state, within the last month. My husband is still in California, so he can forward documents to me and mail signed documents to Midland. However, he'll be leaving California in about 2-3 months. Are there steps I can and should take to notify Midland and/or the court that I'm no longer in the state? I've started a new job, so it would be a hardship to travel to California to appear in person. (Yeah... I'm sure Midland could give a rat's behind!) This is why I'm hoping I can somehow challenge Midland's standing to sue me based on the fact that the documents they provided do not prove that all rights, title, and interest to the account were transferred to them. Any help would be greatly appreciated.
×
×
  • Create New...