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Found 840 results

  1. I live in Delaware and am being sued by Midland Funding LLC (through a local law office). OC is Chase. I want to use some case law in my trial. I have answered the Interrogatories by the Plaintiff (Midland Funding) and , at that time, replied that I had no documents to disclose at this time but I was still in discovery. If I want to use case law to attack the affiant and affidavit, do I need to disclose that to the Plaintiff now? They are public record so I would think not as they have as much access to them as I do but I do not want to get to trial and have any reference to these cases objected to because I did not disclose I would reference them. Any thoughts or opinions?
  2. 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.) Blatt, Hasenmiller, Leibsker & Moore LLC 3. How much are you being sued for? $4561.50 plus costs 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Yes, I was 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? Just a letter that they have acquired the debt from Chase and to contact them for debt validation or payment arrangements which I had ignored 9. What state and county do you live in? Cook County, IL 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2009 11. What is the SOL on the debt? 5 years 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). CASE SET ON TRIAL CALL for 10/22 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, I did not 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? I already responded to the claims, denying them and have disputed the debt when I filed appearance 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit from their own Legal Spe******t Here is where I am at right now. I was served on 07/28 and then did file my appearance and an answer on 08/03 with the great help of this forum. I had the first court date on 08/20 where I did talk to the lawyer briefly, disputing the debt. He said that they would produce the required paperwork by the next court date which is 10/22 or drop the charges if they could not. I am concerned now on what to expect when I get back to court. I'm sure that they will produce some kind of document which might be a general Bill of Sale or something like that. I want to fight this based of the Affidavit which is the only 'proof' that they have provided as it is hearsay. Would this happen on this court date now or would that happen on yet another court date? What paperwork should I take to the court? I am in Cook County, IL and I would be thankful for any insight from anyone who has gone through this, especially at the same court. Thank you so much for all the information shared in this forum, it is helped me so much already and has helped me to stay a lot calmer as I would have been without.
  3. I could reall use some help writing my opposition to a MSJ. I am CLUELESS!!!! I have a rough draft. Thank you in advance for your help! BG The MSJ MIDLAND FUNDING LLC PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BeerGoggles AND JANE DOE Goggles ) HIS WIFE AND EACH OF THEM ) ) ) Defendants,) COMES NOW, Plaintiff MIDLAND FUNDING LLC by and through counsel, and moves this Court for Summary Judgment against Defendant Beergoggles pursuant to Rule 56, Arizona Rules of • Civil Procedure. This motion is based on the grounds that there are no genuine issues of material fact and that Plaintiff is entitled to judgment as a matter of law. This Motion is supported by the attached Memorandum of Points and Authorities, Separate Statement of Facts, and all records and documents on file herein. RESPECTFULLY SUBMITTED this Feb Attorney for Plaintiff /LAW OFFICE, PC MEMORANDUM OF POINTS AND AUTHORITIES Summary Judgment may be granted when the pleadings, depositions, and admissions on file, together with the affidavits , if any show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Rule 56, Arizona Rules of Civil Procedure, Orme School v Reeves, 166 Ariz. 301, 802 P.2d 1000 (1990).(Looking this up now!) Plaintiff's action against Defendant is for repayment of an outstanding credit card obligation in the principal amount of $XXXX. In the answer, the Defendant denied all allegations in the Plaintiff's complaint. Attached as Exhibit A (Credit card statements) to Separate Statement of Facts is a true and correct copy of Monthly Statements from April 20XX to September , 20XX. The Exhibit demonstrates that the Defendant made payments and credits to the account, but breached the contract by failing to pay the balance. Plaintiff also has provided the Affidavit of an employee of Plaintiff,(PRECLUDED) verifying the amount due and owing on Defendant's credit card account as $XXXX. (See Affidavit, attached to Plaintiff's Complaint.) Plaintiff has received no payments from Defendant between the time Plaintiff s Affidavit was made and the date of this motion. (See Separate Statement of Facts.) Based on the foregoing, Plaintiff has demonstrated that the Defendant breached the contract by failing to repay the outstanding obligations, and that Plaintiff's damages are equal to the outstanding principal of the debt, plus interest, court costs and attorney fees. (See Terms of Credit Card Agreement, attached to Plaintiff's Complaint.) Plaintiff respectfully requests that this Court enter summary judgment in favor of Plaintiff against Defendant for the principal balance of $XXXX, plus interest, court costs and attorney fees. RESPECTFULLY SUBMITTED this Feb , LAW OFFICE, PC Copy of the foregoing mailed February 2012 to: BeerGoggles 1 Barstool Alley Hungover Like Hell, AZ 8XXXX Attorney for Plaintiff LAW OFFICE, PC Attorney for Plaintiff LAW OFFICE, PC AZ STATE BAR NO XXXXX Name here AZ STATE BAR NO XXXX Phone number here Attorneys for- Plaintiff [email@numbnutslaw.com IN THE JUSTICE COURT OF STATE OF ARIZONA MIDLAND FUNDING LLC ) ) NO.Beergoggles Plaintiff,) V ) ) SEPARATE STATEMENT OF FACTS ) IN SUPPORT OF PLAINTIFF'S ) MOTION FOR SUMMARY JUDGMENT ) Beergoggles ) Defendants,) COMES NOW, Plaintiff, MIDLAND FUNDING LLC by and through counsel, and submits the following Statement of Facts in support of its Motion for Summary Judgment: 1. Attached hereto as Exhibit A is a true and correct copy of Monthly Statements from April 21, 2008 to September 21, 2009, regarding Defendant's credit card account. Not disclosed til now Defendant has made no payments regarding this credit card account between the time Plaintiff s affidavit was made and the time of this motion. The principal amount due and owing on Defendant's credit card account is $XXXX 4. The credit card account was granted to Defendant with the agreement that he was subject to the terms of the agreement which included liability for payments on the account, plus interest, court costs and attorney fees in the event collection action became necessary. RESPECTFULLY SUBMITTED this February 2012. Attorney for Plaintiff OFFICE, PC Copy of the foregoing mailed February 2012 to: Beergoggles (They might have mailed it but I did not receive it! picked it up from the court) Attorney for Plaintiff MY OPPOSITION ROUGH DRAFT BeerGoggles 1 Barstool Alley Hungover like Hell, AZ 8XXXX IN THE JUSTICE COURT OF XXxX PRECINCT COUNTY OF XXXX, STATE OF ARIZONA MIDLAND FUNDING LLC NO. BeerGoggles1 Plaintiff, Defendants REPLY and V OPPOSITION to PLAINTIFF'S MOTION for SUMMARY JUDGEMENT BeerGoggles Defendant, Comes now the Defendant, BeerGoggles, Pro Se, and files this REPLY AND OPPOSITION TO PLANTIFF’S MOTION FOR SUMMARY JUDGEMENT in response to Motion For Summary Judgment filed herein by Plaintiff, MIDLAND FUNDING L.L.C., as follows: The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law. The Plaintiff lacks standing to sue the Defendant, since at no time did the Defendant cause any harm to the Plaintiff. The Defendant has never had any sort of relationship, business or otherwise, with the Plaintiff. At no time did the Defendant become indebted to the Plaintiff, as such, the Defendant has no obligation to the Plaintiff, monetary or otherwise. Plaintiff has failed to discharge this responsibility in the MOTION FOR SUMMARY JUDGEMENT and the attached MEMORANDUM of POINTS AND AUTHORITIES filed with the Court. The Motion does not set forth the True facts upon which Plaintiff seeks a summary judgment. Rather the Motion states only “That there is no genuine issue as to any material fact and that Plaintiff is entitled to a judgment as a matter of law with regard to all Counts.” Motion for Summary Judgment should be denied. Defendant received the Plaintiff's Summons on XXXX Defendant answered the request on XXXX, and filed a Motion to Ammend Answer on XXXX Plaintiff Filed a Application and Affidavit of Default, and Notice of Intent to Seek Entry of Default on XXXX Defendant filed a Motion to Preclude Affivdavit on XXXX Mediation was set for XXXX Defendant sent Request for Production of Documents to Plaintiff on XXXX and was received by Plaintiff on XXXX. Documents requested from plaintiff included any documentation of relationship between plaintiff and Chase Bank N.A., the alleged original plaintiff, any payment history, and any breakdown of the sum requested by plaintiff, a contract signed by the Defendant, The Permissibles Purposes for a Hard Inquiry on Defendants Credit Report by Plaintiffs Law Firm. Any evidence of a contract between the Plaintiff and the Defendant. Defendant cannot make a legitimate defense on claims by the Plaintiff that are incorrect, untrue, and undocumented. Defendant received Notice of Summary Judgement from the Court on XXXX, and promptly sent a letter to both the Plaintiff and the Court stating the Defendant did not recieve a copy from the Plaintiff on the next day. Pre Trial Conference is set for XXXX Statement of Facts 1. Plaintiff's Attached Exhibit A "true and correct Monthly Statements" have not been disclosed until Motion for Summary Judgement was filed. The Plaintiff has failed to provide any contract, an agreement bearing the signature of the Defendant or any itemized statements or billing of said debts which would constitute intimate knowledge of the creation of the debt. Even if such documents were available, a purchasing/assignee’s plaintiff would be unable to swear to the authenticity of the originating or source documents of a credit transaction because they do not have personal knowledge of the events which transpired at that period of time in the life of the credit agreement. The original cardholder agreement, any correspondence, and monthly statements issued by the original credit grantor are not admissible as the purchasing plaintiff's business records, as the purchasing plaintiff has no personal knowledge of how those records were created or maintained. 2. Plaintiff Claims no payments regarding the credit card account have been made between the time Plaintiff's affidaivt was made and the time of this motion. NEED HELP WITH THIS ONE!!! 3. Plaintiff has failed to produce a complete accounting over the life of the alleged account of how the amount sought was calculated. 4. Plaintiff has failed to produce any evidence of a "granted credit card". HELP WITH THIS ONE????? Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. WHEREFORE, Defendant,BeerGoggles, respectfully submits that the Court should deny the Plaintiff's Motion for Summary Judgment, filed herein by Midland Funding L.L.C. and prays for Dismissal of the complaint by the Plaintiff for damages of $XXXX and any further relief this court deems just and proper. Defendant's motion for dismissal of summary judgment submitted this ___________ day of March, 2012.
  4. Hi, I'm attempting to file my answer to a complaint filed against me by Midland Funding LLC in California. I'm being sued for a credit card debt. Should i deny all allegations? I'm a bit confused by the complaint itself. Are all number paragraphs in the complaint an allegation? Or only what is under First Cause of Action? It lists Complaint for (1) account stated is that the allegation? or are each of the 16 numbered paragraphs an allegation?
  5. 1. Who is the named plaintiff in the suit? Midland Funding LLC as ultimate assignee of CAPITAL ONE, NATIONAL ASSOCIATION 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) I'll leave this one out--PM me if you would like it. 3. How much are you being sued for? About 5 grand. 4. Who is the original creditor? (if not the Plaintiff) Crapital One installment loan 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In person by the Marshal. 7. Was the service legal as required by your state? Yep! 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None via mail, no payments made. On one occasion I believe I spoke with them on the phone. I didn't make payment arrangements, but I may have said, "Yeah, I'm planning to pay that off." 9. What state and county do you live in? DeKalb, GA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Late 2009 11. What is the SOL on the debt? To find out: 6 years, dern! 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). Served only. 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? 30 days. No interrogatory. "Suit on a Contract," four complaints as follows: Defendant is indebted to Plaintiff in the amount of 5k, as referenced by exhibits A and B. Plaintiff is an assignee of Defendant's account and indebtedness as shown on composite exhibit C. Plaintiff claims 7% interest is due from time of last payment. Amount is "just, true, due, and unpaid," demands for payment have been refused, and Defendant is in default. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I'm going to VERY briefly paraphrase these. This weekend I can transcribe them in their entirety and PM them to folks, if that would be helpful. I'd be nervous to post them here in full. Exhibit A, 2 pages: Affidavit dated April 2011 from a Midland Funding "Legal Speciali.st," full of what is probably standard legal boilerplate. She says that she is familiar with the business records of plaintiff, I owe Midland money, and that attached to her affidavit are "true and correct" copies of what may be Midland's records or records provided to Midland by the previous holders of the debt. Exhibit B, 1 page: Generic-looking "Account Statement" from April 2011. No header, footer is only "page 1 of 1." Account info includes balance, last pay date, charge-off date. Consumer info is my name and mailing address, also the last 4 of my SSN, redacted. There is an empty section titled "Transaction History." Exhibit C, 7 pages: Page 1 is titled "Exhibit 1 to Forward Flow Receivable Sale Agreement dated Nov 3 2009. BILL OF SALE", dated January 2010. Document is a bill of sale from Capital One to Atlantic Credit & Finance Special Finance Unit, LLC. Purchase price and aggregate unpaid balance are redacted. BoS refers to a "Sale File" listing all the accounts sold. No reference to me personally or any individual account numbers. Page 2 appears to be a database printout--no date, and no information in header or footer. Has my name, address, SSN (redacted), cell phone, alleged account numbers, and balance and payment info for the account. The first line says "Exhibit A," which is referenced later on page 4, the "Assignment Agreement," which I'll get to later. Page 3 is the "Assignment of Accounts," wherein AFCSFU, LLC assigns its rights to "the Purchased Accounts" to....Atlantic Credit and Finance, Inc. Apparently they are two different companies. This page is not dated, but it refers toa Purchase and Sale Agreement from Nov 2009--mentioned on page 1 but not included A bill of sale from January 2010--which is what page 1 is An "Assignment Agreement," dated January 2009, which AT FIRST appears to be page 4.... Page 4 is in fact an Assignment Agreement, but it's clearly dated January 2007. In it ACF appears to take over servicing my alleged debt. The Assignment Agreement does say that "ACFSFU owns certain Accounts serviced by ACF." I'm sort of confused by this page. Page 5 is the signature page from the preceding document, with officers from ACFSFU and ACF signing. Page 6 is a Bill of Sale between ACFSFU and Midland Funding, dated Dec 2010. It concerns the sale of "those Accounts described in the Agreement in the Final Accounts File." Neither the Final Accounts File or said Agreement are included. The Bill of Sale also mentions a "Due Diligence Accounts File," which is also not included. No specific names or account numbers are mentioned in the Bill of Sale. And finally Page 7... Another spreadsheet printout, very similar format to Page 2 of this exhibit, but without the "Exhibit A" line at the top. Contains similar personal and account info to both Exhibit B and Exhibit C, page 2. Aaand that's about it. I'm getting sued in Magistrate Court. I'm free during the week to do research or go to the courthouse, yay! But I need some pointers about how to answer, where to find forms, and how being in Magistrate Court might limit or enhance my options.
  6. All, I am so glad I found this forum. I need some advice. I am being sued by midland funding. I answered the papers with a denial and had a pre-trial. The judge advised me to get a lawyer so that I don't lose the case because I do not know the law and scheduled a hearing in 90 days. I just received the questions papers talked about on here from Midlands lawyers asking for admit ion and documentation (as well as my last rest room visit...). I found this site and I hope I can get some help and/or answers. Should i get an attorney? Do I have to answer these papers from the lawyers (and give them my SS#, income, etc)? Should I send them the same papers asking for all of this information from them? This suit is in regards to an online account I had with Dell. I seriously do not recall ever having to sign papers as I opened this account back in 2002. The papers that the lawyers sent me today are stating that I had a (physical) credit card with some bank. I have never had a credit card for the Dell account and have no idea about a bank that was used for this online account. The whole thing just sounds fishy and so far totally incorrect. I DID have a balance owed to Dell because they sent me a laptop that broke in about a month and after fighting for a few months to get it fixed, etc I finally told them that until they send me a working laptop I will not pay the bill. So 3 or 4 years later (about 2 years ago) I got a call from a credit collections place. I worked out a deal to subtract all the finance charges and late fees and just pay what I owed. For a few months they called me monthly for the payments and I paid. They stopped calling. I stopped paying. I assumed it was paid off. I seriously do not recall all the details. Now I am here, being sued by this Midland Funding company. The documents they have are from Dell. They show my account history with Dell up to a couple of payments that I made to the collection people. The original papers had a generic purchase agreement with not account info on it and attached had my Dell history. Any advice on how to move forward would be GREATLY appreciated. One last note: When the lawyer showed up at the pre-hearing he sat down in the hall by me and asked if I was denying the denying the debt. I said "I do not know anything about the information in those papers." He said "so you are denying that you owe this dept?" I said, "We can talk about it in there (and pointed to the court room). He got pretty irritated and stood up and walked into the court room. He didn't say another word to me the entire time. The judge said what he had to say (mentioned above) and the lawyer walked out. This guy was a jerk and the judge seemed to "be on my side". he basically told me to get a lawyer so that I could win this. At least that is how it seemed.
  7. I received a letter for summons have until the 6th of November to reply. CAlled Midland and spoke to a guy who said I have two options Pay a smaller amount now and call it a day OR Start making 100 payments until it's done and if defaulted pay the price BUT there is this thing called the hardship program and I was thinking of applying to it. He said I just have to write a letter explaining my situation and then midland will send me information requesting my finances and they might approve it or not -meanwhile clock is ticking so I have to this fast because I do not want to default on replying to the summons. NOW, I also called an attorney here for a free consolation I also have a buddy who is a defense attorney. What should I do? I'm being sued through defaulting on Chase and it's 1, 966.00 BUT with an interest now it's at 2, 000.0 Last payment was made in 2010. I also have ANOTHER chase credit card and am paying that off with JRB law office and make 100 payments. Any advice is greatly appreciated. What is the BEST way to handle all of this? I'm sooo confused!
  8. The letter was from MCM and stated that they received my election letter but were unable to locate to locate an account in their system with the information i provided. They want me to provide them with my SSN and the account number of the account. My Arb election letter contained my name, address, and civil case number. 2 questions: 1. Is MCM the same as Midland Funding? 2. How should i play this? Should i respond? Thanks!
  9. I just received a summons (left in my UPS-store mailbox) today from Midland Funding. It shows as being filed in Riverside August 30th, but like I said, I was left in my mailbox today. They are seeking damages of $6956.95 (which I don't have) plus interest dating back to March 2009. I'm in Riverside County, California, and have never been sued before, so I have no idea what to do. I have had no contact with Midland to date, but just pulled my credit report and noticed that they also "own" another old credit card account, so that makes me assume that they will attempt to file another suit on that one as well pending success with this one. I've been reading a lot of different legal manuverings on here, which are all complete Greek to me. If I had the money, I'd get myself an attorney, or try to settle, but that's probably not an option given my current finances. Attached to the summons, are 3 barely legible photocopies about arbitration, which I've seen discussed on here, but don't know if that is something I should pursue. Since I do not have what it takes to fight this in court, but don't want to get totally screwed by Midland either. I can only assume that I will get a judgment against me. I'm trying to figure out what will happen next. How would such a judgement be payable? Will it always be for whatever Midland claims? Totally stressed and don't know what to do.
  10. I am being sued by Midland Funding and have been fighting them since earlier this year. I have gone by the wonderful advice given on these forums and believe I am on my last leg with them- hail mary time! I was sent a notice from the court that the judge had ruled in favor of the plaintiff without opposition. The ruling came before our court date- about 2 weeks before we were due in court. I submitted a Motion for Reconsideration to the court to over turn the ruling. The plaintiff has now requested an oral argument and we have a court date set for the near future. My question is how should I prepare for this? If anyone has any knowledge of this-what kinds of questions will be asked? I, of course, will take all of the paperwork I have sent and received but essentially I am fighting that the attorney has not proven that they are authorized to collect on this debt- is this correct? I apologize if I come off as naive- haven't been through this before. I appreciate any and all advice.
  11. I am being sued by Midland Funding in a Delaware Court. Every case I've pulled up in Delaware, the judge has allowed the affidavit of sale to be admitted even when objections are made due to the business exception to hearsay. Is this a Delaware problem? Is there any case law I can site as precedent for the "lack of trustworthiness" of these affidavits? Mine makes no mention of "being familiar with the manners and methods of maintaining records" or "being over 18 and competent". She is attorney-in-fact Christina Paperman. Does anyone know who she actually works for? She also attests that the records were reviewed (doesn't specify that it was she who reviewed them) "which are made at or near the time of the occurrences set forth therein by, or from information transmitted by, a person having knowledge of those matters", shouldn't she know which of those two options it was if she is attesting to them? I know it must be one or the other but her affidavit should specify which one it was if she was truly familiar with it, correct? It seems like that statement make this affidavit seem generic and "cookie cutter" like a "fill-in-the-blanks" and not created specifically for my case. How do I fight that? I have a court date set for January but no pre-trial conference. Thanks, ~Flyerfan
  12. I recently had my motion for summary judgment and the court denied Plaintiffs motion for summary judgment. The court also denied there motion to have their witness testify telephonically. I then received a settlement from Midland to do a mutual dismissal with prejudice. I am beyond excited this has been a long battle and I thank everyone for your advice. Now I have to work to get this off of my credit report. If you have any advice on how to do that will be great.
  13. I am being sued my Midland Funding. OC is Chase bank. Amount is almost $8000.00. My answer date is October 16. When I was given this summons, don't know if any of this matters, I was not asked to sign anything and the summons is in my husbands name. How do I preceed? How do I answer?
  14. I just found this and figured it might help me get help, sorry folks for not posting this before. (darn newbies! LOL) 1. Who is the named plaintiff in the suit? Midland Funding LLC (2 times) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law (both cases) 3. How much are you being sued for? 5k, on one and 4kish on the other plus fees/costs/interest 4. Who is the original creditor? (if not the Plaintiff) Allegedly Chase/Target 5. How do you know you are being sued? (You were served, right?) Served twice for 2 different cards 6. How were you served? (Mail, In person, Notice on door) in person twice 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, they might have called but I do not answer restricted or unavailable numbers, I do not open any mail that only shows a return address and no company name those go right into the shredder 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years 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). Served Answered (on 19th day of 20(denied ever hearing or having any contact and stated I owed them $0) They filed for default I received their default motion and their motion to disclose on the same day Lawyer did a hard credit check on me Receive a mediation date from court Received a COUPON from lawyer to settle for 30% off Then served again for second case ( word for word exact same affidavit except for original creditor and legal spe******ts from Minn Received a motion to let their attorney appear by telephone from San Diego Received another letter trying to settle Mediation is withing 2 weeks 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 all is good here 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a Affidavit and cc agreement Thank you in advance for any input and Thank you to those who have already answered some questions in the past. BG
  15. I received a superior court summons from a sheriff's deputy for a suit against myself. The lawyers for the plaintiff are Fred Hanna & Assc. The plaintiff is Midland Funding LLC Assignee of CIT Bank, Dell Finicial Services LLC. It says I have 30 days to respond or judgement by default. The paper is titled "Complaint on Account". Then it lists 3 sections: 1) Just says I reside in the county and my address. 2) The defendant is indebted to Plaintiff in the amount of $1089.88 as principal and $.00 as interest 3) The principal and interest are past due and Defendant refuses to pay. I looked at my credit report and the only account that I had that was with DELL was closed in 2006 and was stated as "paid in full, never late". I also noticed that Midland has added negative information to my credit report starting in Jan. 2012. I have never received any certified mail from Midland about this matter. If had received anything it was probably trashed as junk mail. What course of action should I take? I know I have 30 days to respond but how do I respond? Will there be a trail? To my knowledge this is truly a false claim.
  16. Well, so it begins. I was served with a summons by midland funding llc a few weeks ago. At first, i was nervous and worried (still am). But after finding this forum and all of the knowledge and information contained, I am feeling a bit better. I filed my General Denial and Proof of Service at the courthouse today, and had them served on the plaintiffs as well. From what I gather, its time to begin preparing my Bill of Particulars. I have downloaded a few forms from the forum here which i will be using. Once filled out, I'll post them here for proofing. So, what's next? Their will be a pretrial hearing soon, correct? Can i counter sue midland for my legal expenses (pro se, but not free), lost wages from taking days off of work and emotional trauma?
  17. Hey everyone, I know this has been a much talked about topic in this forum & I'm unfortunately going through it with Midland. I've answered the complaint which I denied and today I had my second appearance which I asked for a trial. So now what are my next steps? The trial date is set for Nov 19. On the court date the attorney tried to get me to admit to the debt which I didn't & I asked him to produce me with original signed documents & they sent me the whole stack of supposed statements with the signed affidavit(hearsay doc). I was prepared today to argue for a motion to strike the affidavit, but it was only a status hearing. So what do I do to prepare for the trial?
  18. I just received two 'Advertisements' from attorney's that offered their services since "through a search of public record we are being sued by Midland Funding LLC" This is news to us. Nothing has come in the mail or came to us any other way. I can't find any info of the case online but after checking the credit report it seems they purchased an old Chase acct very recently and went right into suing us. (only one of us working, we don't own anything, yet another blood from a turnip exercise) Who should we call tomorrow to get information about this suit? The Clerks office or the court building? I read some other threads before posting (coltfan1972 thank you) and am taking notes and learning but I still feel a way in over our heads. Information thus far We're in Indiana. The original acct was with chase for under 2,000 no actual suit served to us as of yet
  19. I found a summons (the nail and mail type I guess-haven't checked my mail yet) last night between my doors. I guess I would like to know what is this summons exactly and when does the clock start ticking? What should I do from here? Some details: Header says: Supreme Court of the State of New York - County of XXXXXXXX. Plaintiff: Midland Funding, LLC A/S/I/I to a Chase Acct. It does have an index # and the date stamped next to it is August 21. Then it says: Consumer Creidt Transaction Basis of Venue is : A defendant resides in the County of XXXXXXX The transaction took place in the County of XXXXXXX Then under me the named defendant: You are hereby summoned to answer to complaint in this action and to serve a copy of this answer on the plaintiff's attny within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of NY. Upon your failure to answer, judgment will be taken agains you for the relief demanded in this complaint, together with the disbursements of this action, dated the 9th of August. There is a file # with the original creditor name (Chase acct) and more verbage. The second page is a "Formal Complaint" with their allegation listed of money due - (0ver $5,000) in 5 "statements" Bottom says Plantiff demands judgment for the sum.. Then bottom says We are debt collectors..... Attorneys firm and signed by atty dated 8-9-12 Can some one
  20. Any & all help is greatly appreciated .. i received this complain two days ago Here's what was sent: Civil Complaint Plaintiff: Name and Address Midland,Funding LLC c/o Fulton, Friedman & Gullace, LLP 130B Gettysburg, PA 17055 VS. Me . . .taiwan1 Filing cost: 154.50 Potage: 45 Serving cost: Constable ed. Total: Pa. R.C.P.D.J. No 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks for judgement against you for $6,***.**, together with costs upon the following claim. Plaintiff is the owner of a certain credit account (hereafter, "the Account") by virtue of the assignment of the Account, as set forth in the records maintained on Plaintiff's behalf. As a result of the assignment, plaintiff now holds all rights, title and interest in and to the Account. Records further reflect that defendant entered into a credit agreement with CHASE BANK USA,N.A., for the Account bearing number XXXXXXXXXXX7808 and used or authorized the use of the Account to obtain goods and/or services and/or cash advances. Based upon review of records kept on behalf of Plaintiff, the last payment posted to the Account on 1/31/, 2010. The Account shows that the defendant owes a balance of $6,950.04. I, Lila Sand verify that the facts set fourth in this complaint are true and correct to the best of my knowledge. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. 4904) related to unsworn falsification to authorities. Lila Sand ___________________ (Signature of Plaintiff or Authorized Agent Plaintiff's Attorney: DAVID R. GALLOWAY Telephone: **** Address: Mechanicsburg, PA 17055 The plaintiff's attorney shall file an entry of appearance with the magisterial district court pursuant to PA. R.C.P.M.D.J.207.1 --------------------------------------------- IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGEMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. any suggestions for what should i do .. there are no other documents at all.. just those paragraphs.. they file in our Magisterial District Court
  21. Probably another DOOPID question...... I'm Being sued by Midland Funding LLC in NY. Sent a Formal Request for Documents w/ an affidavit of service directed to Attorney's for Plaintiff Midland Funding LLC (office in NY.) I Recieved a response for my Request from MCM on MCM letterhead (MCM is an affiliate of Midland Funding LLC) ..... the informal reply letter, which included papers (Statements, Bill of Sale and a Seller Data Sheet) (the only docs sent showing by name and alleged account # are copies of the facsimile statements.) This letter goes onto inform me they are working on gathering more information and will respond in 60 days. Letter is signed by an attorney for ??? (MCM??) with no address for this attorney under her signature, just the MCM San Diego address on the letterhead. Is this Midland Funding Attorney? or MCM attorney? The enclosed certificate of service is signed and notarized by a person who is also the In-House attorney for Midland Funding LLC. :confused: Also the envelope was post marked and mailed from the Plainitff Midland Funding NY address. MCM doesn't have that address they are in CA. Is any of this significant? or should it simply not matter???
  22. Hey All, Noticed Midland Funding on my Credit Report 10/1/12 Recent, Claiming to have an account in collection... I have no idea where this came from, (I know where it's going...) Does a C.A. have to send you some corespondence about a debt before they can trash your Credit Report/Score... Can/should I request D.V. Regarding a G.E. Account 20K ????? Also: If an Attorney picks up a JDB Case , do they have to notify you before a summons is filed , either by Phone or Mail ??? Thanks N.G.D
  23. Today was my hearing on Plaintiffs Motion for Summary Judgment. When Plaintiff's counsel arrived they asked to speak with me and offered a settlement. I said no thank you. So we get in the courtroom and the Judge says to the Plaintiff "its your motion so you go first" He then says, "Judge the Defendant has presented her oppostion to summary judgment that shows there are material issues for trial" So the Judge affirmed the trial. Has anyone has experience with Midland that think they will dismiss after this. I have a counterclaim so do you think they may want to do a mutual dismissal?
  24. Hello, I am a big fan of your work. I am being sued by Midland Funding LLC and I want to answer the complaint. The debt is mine to CHASE but I want to deny based on a lack of standing with Midland Funding. The complaint is pretty standard 1. The account of ME , bearing the account number ending in XXXX, is in default. 2. Said account is due and payable to MIDLAND FUNDING, having acquired the account through sale, assignment or other legal means. 3. The origiginal creditor is CHASE BANK USA, N.A. HCHASE ACCOUNTS 4. Said obligation is past due, and the Defendant(s) owes Plaintiff $5,749.43, with interest thereon at the rate of 8% per annum from October 12, 2010 until date of judgement with 12% per annum theafter until paid, plus court costs. Wherefore, Plaintiff demands judgment against the Defendant(s) for the sums plus interest set forth above and court costs. "" There is an affidavit of somebody who works at Midland Credit Managementc. They are compenetant ......personal knowledge......was assigned all the rights, title, and interest to defenants CHASE BANK USA N.A. account. I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiffs behalf. 2. I am familiar with the manner and method,.....blah blah blah. 3. MCM's records show that the defendants owed a balance of 5749.43. Such balance may continue to accrue interest at the rate set forth in the cardholder agreement/original contract and or as required by law. I certify under penalty of perjurty that the foregoing statements are true and correct to the best of my knowledge. ------ Now I am not sure exactly how to go about with my answer to this one. The first complaint doesnt specify who has the account...that isnt covered until later on. Help!
  25. I am being sued by Midland Funding. They were able to strike my request for admissions due to me not supplying a hard copy. I plan on using this one I found in the forum They are trying to dismiss my counterclaim for not validating my debt I need help with that one. They only have a lawyer statement saying that they did validate. Plaintiffs Motion for Summary Judgment Plaintiff, Midland FUnding LLC as asignee of MBNA, by counsel, provides the following for its Motion for Summary Judgment: 1. Plaintiff moves the Court, pursuant to Indiana Trial Rule 56, to enter judgment for Plaintiff and against Defendant for Plaintiff's COmplaint, in the amount of 2559.75 all costs with relieft and statuatory post-judgment interest. 2. Plaintiff further moves the Court, pursuant to Indiana Trial Rule 56, to enter judgment for Plaintiff and against Defendant for Defendant's COunterclaim. Plaintiff request that Defendant take nothing by way of her Counterclaim. 3.Plaintiff designates the following documents for which it relies for purposes of this motion: a. Plaintiffs Complain and Exhibits b Plaintiffs Motion for SUmmary Judgment c Memorandum in Support of Plaintiffs Motion for Summary Judgment d Affidavit of Ashley Hoffman Exhibit A legal spe******t e Affidavit of Attorney 4. Plaintiffs Motion of Summary Judgment establishes a prima facie showing that no genuine issue of material fact exists and that Plaintiff is entitled to judgment as a matter of law. 5 Pursuant to Indiana Trial Rule 56C Plaintiff requests a hearing on its Motion for Summary Judgment. Wherefore, Plaintiff request that the Court, pursuant to Indiana Trial Rule 56 (1) enter judgment for Plaintiff and against Defendant for Plaintiffs Complaint in the amount of XXXs all cost with relief and statutory post judgment interest; ENter judgment for Plaintiff and against Defendant for Defendants Counterclaim. and 3 award Plaintiff all proper relief.