Search the Community

Showing results for tags 'Midland Funding'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 839 results

  1. I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my address with Motor Vehicle back in early 2010. The original debtor was Target National Bank. My primary defense is lack of personal jurisdiction, improper service. In addition, the city I moved to was in an entirely different county from where the lawsuit was filed. (Filed in Cumberland County, NJ and I reside in Salem County, NJ). I am hoping to win the motion without putting much emphasis on the County difference. I am comfortable with the current judge and don’t wish to change venues unless it is my only option left. Soon after I filed the Motion I received a letter from the Plaintiff's attorney asking me to prove my address from November and December 2011, when service occurred. As far as I know I already did provide proof of address change and enough documentation to show a pattern of my whereabouts during this time period. I am not sure if I should send them something right away or wait to see if the judgement is vacated? I have requested they Validate the Debt already and Pressler & Pressler refused since they had already won the default judgement. In any case, if my motion to vacate is successful, I would assume Midland Funding will attempt to refile. They might refile in Salem County this time, or attempt to restart or refile in Cumberland County. NJ Statute of Limitations on Debt Collection is 6 years. Since the original date of default on the debt is from 2008, is this debt now considered time-barred? Or is there any reason the statute of limitations would be ignored or reset? Of what issues should I be aware?
  2. I received a packet from Midland Funding LLC with the first page basically the judge granted them permission to serve me though the mail. That was signed on 6/27/2017. The citation is attached and says it was filed 5/1/2017 and had 14 days to respond. I didn't receive it until 7/26/2017 because it was forwarded from my old address to my new one. I also have an affidavit relating to damages and business records from Midland. In that my account number is covered; not sure if that matters, and it says when the account was charged off 2-26-2015 and when Barclays bank sold it to Midland 9-30-2016 and that as of 3-6-2017 nothing has been paid off. Along with those documents they also have a bank statement copy from Barclaycard (Again, account number is covered and my address) of the month I stopped paying; August 2014 and a copy of the bank statement from March 2015 that included all the late fees and monthly charges. The debt is $2,955.93. I know the debt is mine, how would I respond to it with each paragraph? Do I admit to every paragraph? I've included copies. I really rather they just take my income tax next year because I usually use it to pay off smaller bills like other credit cards and medical bills.
  3. I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to have the debt. I think he called it 319b a local Magistrate ruling they can use. So when the new date came up I showed up for trial. I WAS SO SCARED!!! I ALMOST DIDN'T GO!! When I came across this website I began to gain confidence and decided to fight back. Midland funding LLC chose and attorney in Philadelphia to send me a letter that only showed the amount the last 4 digits of the credit card number and my name. They filed that letter with the local magistrate and I received a certified letter saying that I was being sued. I began to read about who Midland funding was because I did not know anything about them and I learned that they were buying debt by the thousands for only Pennies on the dollar and it made me even more angry. I put together a document "answer to the complaint" and a "request for documents", hoping Midland would have to prove their case. When I arrived there I was upset but ready to battle. They sent me into the Courtroom. I stood up as the Judge walked into the room. He said Thank you and allowed me to sit. He said, I did my research on Midland Funding and found they are a debt buyer and for pennies on the dollar. He said, Do you see Midland Funding or its Reps in the room? I stood up and said, no your Honor. He said, well do you have anything to say to the court today regarding your case? I stood up and said, I have prepared an answer to file with the court and he interrupted and said " well that's the beauty of your local court and answer is not required" He said AS HE LOOKED AT THE EMPTY PLAINTIFF SEATS WHERE MIDLAND WAS TO BE, " do you have any requests of the court today considering Midland funding is not present? And he kept saying that and then I got what he was saying and I said "um your Honor, I would like the CASE DISMISSED?" In a questioning voice. The Judge said CASE DISMISSED, DEFAULT JUDGEMENT ENTERED FOR THE DEFENDANT He reminded me they have 30 days to Appeal and good luck!!! YEAH, SO PLEASE SHOW UP NO MATTER WHAT!!! NO MATTER WHAT!!! TRY NO MATTER WHAT!!! #HappygirlinLancasterCounty
  4. I am being sued by Midland Funding, LLC. I could use some help on filing my answer. I was served on Sept 18, 2016. In Arizona you have 20 days to file an answer so the clock is ticking. I found this questionnaire somewhere on this site, so I answered the questions. I've spent the last couple of days trying to read through all of the info on this board, as well as one other, but I'm running out of time, and I'm still not sure what I should respond in my answer. I went through this a few years ago with another jdb, and paid an attorney, who in the end did absolutely nothing that we agreed upon. Instead he told the opposing attorneys to go after my husband because "the guy is a d**k" This debt still shows on my credit report as owed, and I paid the attorney more than the debt. I just don't want to end up in the same mess. For this debt, I'm willing to settle, but I don't want a judgement on my credit. If anyone can help, please advise. Also Midland is the third creditor to try to collect on this debt. Here is my response to the questions: I don't know if this means anything, but at the bottom of #12, in my case information it says Notice Pending Dismissal of Lawsuit 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC, a foreign entity 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Barry Bursey, Esq 3. How much are you being sued for? $625.67 4. Who is the original creditor? (if not the Plaintiff) BARCLAYS BANK DELAWARE JUNIPER 5. How do you know you are being sued? (You were served, right?) I was served on 9/18/2016 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? Didn’t respond to notices or phone calls. Got one call at work, and told them not to call me at work again. This was about a week before I was served 9. What state and county do you live in? Maricopa County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March or April 2012 11. What is the SOL on the debt? To find out: 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). Case Information Case Number: xxxxxxx Judge: Conti, Frank File Date: 9/9/2016 Location: Dreamy Draw Justice Court Case Type: Justice Civil Case Status: 01 - New Case Party Information Party Name Relationship Sex Attorney MIDLAND FUNDING LLC Plaintiff N/A Barry Bursey xxxxxxxxxxxxxxxxxxxx Defendant N/A Pro Per Disposition Information There are no disposition notes on file Case Calendar There are no calendar events on file Events Event Type Sub Type Judge Result Result Date Affidavit of Service Private Process Conti Served 9/18/2016 Notice Pending Dismissal of Lawsuit Conti // Judgments There are no judgments on file 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days from September 18th (by 10/7) to file answer No, I did not receive an interrogatory 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence and no exhibits
  5. I was served with a lawsuit from Midland Funding today. Lawsuit was filed in Justice of the Peace Court in Texas. 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.)Chase Hague, Houston, TX 3. How much are you being sued for? $5xxx 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 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 7. Was the service legal as required by your state? Yes, I believe so 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, if they called they never left a message. I don't answer calls that aren't in my contacts. 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/05/2014, according to included documents 11. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 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, I have 14 days to respond 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? 14 days from today, 7/8/17 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copies of 2 credit card statements from Dec 2014/Jan 2015 and July 2014/August 2014 billing periods, Bill of Sale, Data Sheet that contains basic account info (my contact info, date acct opened, charge off date, date of last payment etc), Portfolio Level Affidavit of Sale, Certificate of Conformity. I know I need to file a answer to the court. Is there a specific forum where I could find a template to use for my response? Should I be concerned that they have these old statements? I have included a redacted copy of the documents I was served today. Any guidance would be greatly appreciated. JusticeCrtCivilCitation_Redacted.pdf
  6. I say this is a Zombie Case cause it had no activity or signs of life for almost 3 years. 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? ~2300 4. Who is the original creditor? (if not the Plaintiff) Chase (Actually Washington Mutual) 5. How do you know you are being sued? (You were served, right?) Served in 09/2013 6. How were you served? (Mail, In person, Notice on door) Personal Service 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? Dont remember, little to none 9. What state and county do you live in? Fresno, Ca 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) As per JDB 7-11 (was within SOL at original time of filing) 11. What is the SOL on the debt? To find out: 4 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). Status Open no pending dates However case was in a state of inactivity for almost 3 years. The last activity was in 09/16 when a affidavit in lieu of testimony was filed. I just found out about this today because I was called by place where I used to live that I received some important documents in the mail. So I checked the court website and seen their CCP 98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes in 2013 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? See question 12 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the original filing which was unvalidated and the current CCP 98 nothing much has been filed or happened. I did of course file a general denial and response back in 2013 in a timely manner. I did wish not to stir the pot since it seemed I might be able to wait the 3 years to have the case dismissed due to lack of prosecution but it seems they did The CCP 98 just in time. Im a bit at a loss because the case does not have any pending court dates. No pre-trial hearings or CMCs scheduled. I also have not received anything else. My questions: 1: the address on the CCP 98 is in excess of 150 miles, should I do nothing with that and simply file a MIL when the trial is scheduled? 2: Do I need to file a change of address with the court? 3: if they had asked for interrogatories and admissions would those have had to be filed? 4: I have some experience in criminal and civil law due to working as a court interpreter, but I want to act as much as novice as possible in order to not show my hand. Is this the course you would recommend. Besides a CCP 96 before trial, a brief and MIL with Supporting Argumets is there anything else I should have on my radar? Thank you you all in advance for your time & consideration.
  7. Hello, I am doing some research about debt buyer lawsuits in Rhode Island, specifically what tends to happen to the lawsuits after they are filed. In looking at court records for cases filed by Midland Funding in one month this year, I have determined that at least 14% were dismissed with prejudice. In these cases, the court docket shows that the defendants were served with the summons but never filed answers. The dockets also show that Midland Funding dismissed those cases within a few weeks to a few months after they were filed. During that same month, Midland obtained default judgments in at least 51% of the cases they filed, so I'm interested in why Midland would dismiss some cases but get defaults in others. If I had to, I would speculate that after being served with the lawsuit, the defendants contacted Midland Funding's lawyers and provided proof that they were uncollectible; although I would be surprised if Midland would give up just for that reason. In any event, I am wondering if anyone has had a similar experience with Midland Funding: being served with a lawsuit, not filing an answer, and still having Midland dismiss with prejudice. If so, I'd be very interested to know what led to the dismissal. Thanks in advance.
  8. Hello everyone, I discovered I had an open case with midland funding (Florida) by a family member alerting me of 'someone asking for me' where I used to live. Long story short : - Have fallen back on payments due to illness and have proof of surgery earlier this year - No personal job, wages, assets that can be garnished - I do not currently live in Florida Credit bureau shows account opened on : Date opened: 11. 30. 2015 Reported : 6. 15 .2017 amount: 8000 - Advice thus far: contact by phone /mail and let them know of hardship w/proof? while also denying/asking for proof of debt? I want to let them know I am now aware of this bill and prepared for a resolution.
  9. Hi, I've been reading threads here for few days now.. and I was wondering if I stand a chance against Midland Funding. They haven't sue me yet. But I received letter from them trying to collect a debt and says if I don't reply to them, they're going to sue me. Therefore, I sent them a letter telling them I wanna elect Arbitration about this matter. (Which I read in arbitration step by step thread) After that, they sent me documents like bill of sale and affidavit from original creditor and credit card statements. Now Im asking whats next thing to do?
  10. Hello, I started reading some posts after getting served today with a court summons. Midland funding bought my $300 CC debt which somehow appears as $661 on the paperwork and it is really stressful as I am trying to fix my credit at this time. I cannot get a judgement against me or it will ruin my credit which I've managed to build since late last year to a decent score. Please help!!
  11. This isn't my first rodeo. I have a thread here for my own case (which I won) and am now at the point of filing for Proposed Judgment of Dismissal to get my costs back. Thanks to Calawyer and RyanEx for your help with the drafts! Now to the point why I'm posting. Midlund Funding is suing Hubby for a debt that's smaller than what I had been sued for by about $200 and change. He has sent a BoP, a MTC when they responded with almost nothing, and filed a GenDen, gotten a Trial Setting Conference date, and he's in the middle of Discovery. They've responded to his First Set RFP with more paperwork than they had to the BoP and MTC. This time they've included copies of letters he sent to get VALIDATION (not verification) of the alleged debt, and when they failed to respond, he wrote them another letter with the same request, and they, again, failed to respond. This happened at the beginning of this year, according to the dates. Now the kicker: they've included a copy that they've notified him that they bought the account (7/1/2016 - never received), a copy that Hunt & Henriques that they're handling the Midland account (10/29/2015 - never received) and a copy of their "Intent to Sue" dated 12/22/2015 (received). We did NOT receive the first two letters (and it's questionable they even sent these) but Hubby did receive their letter (along with family Christmas cards) for their intent to sue. Hubby sent a DV on 01/07/2016, which they didn't respond to. When no response came, he got nervous and sent another DV on 03/21/2016, which they also ignored (my guess is, they were planning to sue all along). My question: HAVING THESE COPIES, HOW DOES HE RESPOND TO THEIR DISCOVERY, SPECIFICALLY THE NO. 14 and NO. 15 of the ROGS? No. 14: Have you ever corresponded with Midland Funding LLC in writing regarding THE CREDIT ACCOUNT? Should he here mention the DV letters he's sent since they have copies? No: 15: State all facts upon which you base your denial of the complaint in this action. Should he just respond with "Based upon the foregoing objection, defendant responds as follows: DENIED." I will appreciate any and all help. He must mail back the responses to plaintiff's ROGS, RFAs, and RFPs by Friday, November 4 which marks the 35 days after they sent their Discovery, but I don't want him to be late. PLEASE HELP ASAP.
  12. Hello All, I received a summons from Midland Funding that they are sueing me. I am sending my answer letter, plea for jurisdiction, and a special exception to account stated. I hope this is correct. I need to know what I should do next. The details are listed below. (I was also summoned with a copy and not the original documents. Does this count against them?) Here is my info: 1. Plaintiff: Midland Funding LLC as successor in interest to Synchrony Bank 2. What is the name of the law firm handling the suit? Scott and Associates PC. 3. How much am I being sued for? 2,041.00 4. Who is the original creditor? JC Penney (Synchrony Bank) 5. How do I know I'm being sued? Papers delivered to my home. 6. How was I served? Copies of the original delivered to my home, I didn't have to sign anything. They just handed me a copy and said call this number. 7. Was the service legal as required by my state? I do not know. 8. What was my correspondence with the people suing me before I thought I was being sued? I have not spoken with them. Only letters recieved in the mail 9. State and county I live in: Harris County, Texas 10. When was the last time I paid on account? May 9, 2014 11. What is the SOL on the debt? I believe 4 years. 12. Status of case? It has been filed in the Justice Court Clerks office as a Civil Suit. I just sent my answer letter. 13. Have I disputed the debt with the credit bureaus? NO 14. Did I request debt validation before suit filed? No 15. How long do I have to respond to the suit? says 14 days from my receiving the summons. 16. What evidence did they send with the summons? A copy of the original petition. Like this Quote
  13. NH Small Claims suit brought by Midland Funding LLC. I can;t find a lot from NH for small claims This was a Synchrony/Amazon card and the amount being sued for is $2,995.08. There were absolutely zero documents attached to the complaint - how is that possible? I was served by mail (that's how they do it for small claims). I think I might be able to win this but the Rules of Evidence don't apply in small claims and and I am confused as exactly what this means. How am I suppose to know what Midland has for proof of ownership of debt/standing to sue me? Is this a normal thing for them to do? I would think that when I show up that I would be allowed to review what they have? I have to respond, and I will deny, but because I have no idea what they have, I am not sure if I should just file for arbitration or take the chance and ask for trial? I'm confused by the lack of any documents! I want to wait to file until the day before it's due to give more time to prepare. The complaint states: Plaintiff is the successor to the original creditor for the account described in the Statement of Consumer Debt. After the defendant established and used the account, the creditor sent statements of activity and balance. Defendant failed to pay the stated amount. Plaintiff sues upon account stated to recover the outstanding balance. The Statement of Debt reads: Statement of Consumer Debt: Basis for this Statement: Information provided by my client Basic information for cases arising from the extension of consumer credit: Account number: last 4 Date of last payment: July 2014 (within the NH SOL of 3 years) Amount of last payment: $70.00 I did receive notice from law firm in November 2016, that they were hired to collect on behalf of Midland. I sent a debt validation; no response other than to be served with Small Claims suit. Thank you, very much!
  14. I was served on yesterday by a process server. I have read a lot and I'm confused because the Law office included the original credit card agreement which has an arbitration section in it as well. Don't they have to go through arbitration first???? 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.) *, P.C. 3. How much are you being sued for? $715.09 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Process server gave me a summons 6. How were you served? (Mail, In person, Notice on door) In person, process server 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 that I am aware of. 9. What state and county do you live in? Mississippi, Harrison County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Paperwork says 6/24/2014 11. What is the SOL on the debt? 3 years 12. What is the status of your case? Suit served? Motions filed? You can find this by 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). Recently served. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, More than once 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 to respond. They claim I am indebted to them for the amount listed above. No interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit , legal officer from Midland Funding and MCM, Credit One Bank Affidavit, Ack of signature, Certificate of Conformity, Bill of Sale and Assignment from MHC Receivables, LLC, Affidavit of Sale from Credit One, another cert of conformity, another Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, another cert of conformity, a database printout of the account with my name, social, etc, 2 bill copies from January 2015 and February 2015, Credit One Bank card holder agreement, letter from Finkelstein.
  15. I started receiving letters from lawyers last week wanting to represent me in a lawsuit so I did a search of the courts in my county and sure enough there is a suit against me from Midland Funding LLC. I called the court to confirm and was given the case number, the date it was filed, the person who was suing me and the amount. Well, I just got served this evening by a private processor. I received a packet of papers that includes something called "Plaintiff's Original Petition" which is about a page and a half that incudes I.FACTS, II.CAUSES OF ACTION AND CONDITIONS PRECEDENT, and III.PRAYER. Next is something called EXHIBIT A which is labeled AFFIDAVIT OF JENNIFER WIDHALM. Then there is a nontitled page with my name, contact information, a blacked out account number, acct open date, sale amount, 1st payment date, 1st payment amount, and last purchase date. Then there are 11 pages of information about an account with Dell Financial Services. On the bottom of the page it says "Data printed by Midland Credit Management, Inc from electronic records created, maintained, and provided by Dell Financial Services, LLC. Then there is another document titled Exhibit A BILL OF SALE starting with page 49 of some "redacted" document that describes Midland Funding "purchasing" the debt from the "seller" identified as Dell Financial Services. There is an exhibit B titled "CLOSING STATEMENT" which is about one page of a lot of "redacted" information. There is a WEBBANK bill of sale among WebBank, Dell Revolver Company, and Dell FInancial Services. A Schedule 1 which is a one liner identifying the JUNE WAREHOUSE JUNE 2013 sales WebBank.xlsx. Lastly there in AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR (WebBank). My question is NOW WHAT DO I DO? I have read many of the posts on here for representing oneself in circumstances like this. But where do I start? Any help pointing me in the right direction is greatly appreciated!
  16. I am being sued by Midland Funding and am planning to file a motion to dismiss/summary disposition before I file my answer but am having an extremely hard time finding any forms online to fill out to file for this. Can anyone help? I am finding examples but can't seem to copy the text to modify for my case. ETA: See below for exact details on the case including Complaint and Affidavit.
  17. I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active: Immediately after filing our answer, we received a "debt validation" through the mail: -An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. -A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding. -A run of the mill credit card agreement, but no signed contract. We also received a request for admissions and production of documents. I have checked the forums, but can find no admissions templates that apply to our case. Yeesh. That is a wall of text. If anyone would be able to help me figure out what to say here, it would be much appreciated. I haven't seen any examples with so many requests in the forums, hence my post. Thanks
  18. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers 3. How much are you being sued for? 1671.41 4. Who is the original creditor? (if not the Plaintiff) Citibank 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 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Cape Girardeau, MO 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2011 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). Service not returned 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? Not required to answer by MO state law 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, statement, and another scan I've linked below. https://drive.google.com/file/d/0B1FMoK9IXQKAclEtRXVIZGR5c0k/view?usp=sharing
  19. Hello everyone, I am hoping I can ask for your help. On October 5th, my husband was served a summons/complaint regarding a long closed credit account from Wells Fargo. It has been over 6 years (our state's SOL) since the last activity on the account, so it should be a time barred debt. The account was in his name only, but I am doing all I can to address this promptly and thoroughly for him since he is always working. We called a local consumer rights attorney for a free consultation, but he didn't seem to think we should file an answer. He said that we should mail a certified letter to the lawyer who filed the suit/served the papers, informing him of the time barred debt (with proof), but I am confused about this approach. This assumes that they won't continue to press their suit, and from what I understand, these guys are relentless, time-barred or not. Also, wouldn't any correspondence confirming any knowledge of the debt, or the proof from my husband's credit report timeline restart the SOL? I have been browsing the forum, and found enough helpful information that I understand a bit more about our rights, and filing an answer, I just need an idea of what to do next. We're not very good at "legal-ese", so please go easy on me Thanks very much! 1. Who is the named plaintiff in the suit? Midland funding, LLC. (sorry about the following quote, I don't know how to get rid of it) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami. 3. How much are you being sued for? $2,900.00 plus "plaintiff's costs and disbursements incurred". I'm amazed no interest was mentioned. 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank (credit card). 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. 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? My husband has had zero correspondence with them, minus receiving letters threatening legal action unless they are paid in full. They have consistently been calling my phone looking for him/even my mother's home phone, but we always hang up. 9. What state and county do you live in? Washington County, Oregon. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July-August 2010. 11. What is the SOL on the debt? 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). Suit served. At this point, the case is simply waiting on my answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, my husband has disputed this account every year with the credit bureaus. 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 from the date of service (10/05/2016). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just a cookie cutter statement. 17. Read this article: Okay. The following is the summons/complaint received.
  20. 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.) There are 5 named lawyers. Top one is Mishala J Grave (I spelled the name wrong so it wouldn't come up in searches. I guess I am being paranoid). 3. How much are you being sued for? Just shy of $2000. 4. Who is the original creditor? (if not the Plaintiff) Nothing in the documents sent says. I assume it’s for a Chase Credit card going by the amount sued for and referencing my credit report I did last year. 5. How do you know you are being sued? (You were served, right?) Received forwarded mail (Writ of Execution from my Credit Union) to my new address just recently. Supposedly I was served at my old address in 2013. This can’t be the case because I would have acted on a court summons. 6. How were you served? (Mail, In person, Notice on door) Supposedly by mail. I never received a summons only a Writ of Execution. 09/12/2013 PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO XXXXXMEXXXXXX SERVED ON 09/05/13 WITH FEES OF $136.00. 7. Was the service legal as required by your state? I never received a summons and do not believe they used “reasonable diligence” to deliver me one. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a Memorandum of Costs After Judgement and then a couple of weeks later a letter from my Credit Union notifying me of the Writ of Execution. Other than this I have never heard of Midland Funding. 9. What state and county do you live in? California Los Angeles County 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? 4 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). Judgement for plaintiff Writ of Execution was issued. Money was already taken from my account. Last week which was the first I heard of the fact that I was even being sued. Last Entry on Case Summary: 08/12/2016 WRIT OF EXECUTION ISSUED TO LOS ANGELES COUNTY ( 1913.13 ) 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? I don’t know that I can. No date is given on any of the documents sent to me and again I never received a summons. 15a Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing I am hoping that somebody can give me an answer as to whether or not I can even pursue a Vacation of Judgement. The court that Midland Funding filed everything through is in San Bernardino and I live 80 miles away in Los Angeles County and have for the last 3 years. The summons that they supposedly sent was sent to that address in Los Angeles County. I work across the street from the LA Superior Court! Is this grounds for improper Jurisdiction? It is my opinion that they tried to slide this case through in order to obtain a default judgement against me without my knowledge or ability to defend myself. I hope to hear back soon as I am using my day off tomorrow to travel to San Bernardino to file a Vacate Judgement on grounds that I was not served and/or improper Jurisdiction. Thanks for your time!
  21. Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery.
  22. I've been singularly engrossed in academic work since the beginning of the year. So it was just yesterday that I read the AZ div1 CoA memorandum decision on Midland v Van Slyke (CV 14-0851). Has there been any prior discussion of this decision on this forum since the issuance of the ruling on Feb 25th? I couldn't turn anything up either in a forum search or by way of a site specific google search. The decision is unpublished and creates not binding precedent but only persuasive authority (Slyke's counsel has since requested the publishing of the ruling). I'm thinking about the decision's impact (as persuasive authority) on RoE 803(6) and Parker, as applicable specifically to these sorts of cases. But I don't want to drone on about it in a new thread here if others already discussed it months ago. If there has been any prior discussion on the forum here about this decision I'd be grateful if someone would be kind enough to point me to it.
  23. I'll provide a brief summary to get ya up to speed: Midland funding approx. 2 months back filed a complaint with 2 counts. 1 count is "FOR MONEY LOANED" and the 2nd count is for "ON ACCOUNT". I do not want to post too much detailed information about this suit for obvious reasons but the amount they're suing for is under $1000. I am not being sued by the original creditor though, I am being sued by a junk debt buyer (midland funding) on behalf of their attorney. So I and my spouse appeared in court & watched 95% of all the defendants suffer a default judgment. Basically what happens is the court clerk / bailiff calls all the names on the docket. When you hear your name and you say "here", their lawyer just found out they aren't getting a default judgment out of you (at least not yet) b/c you actually chose to show up & since 99% of the time they don't have the evidence it takes to win a judgment in a bench trial they will respond by saying "second call" as opposed to "ready for trial". After all the names are announced the judge leaves the room and all the lawyers are seated at 4 tables in the corral (in front of the court). 1 by 1 the lawyers call up the people they're suing and the court allows these lawyers at this point to harass each and every defendant in an attempt to pressure them into waiving their right to a bench trial & signing a consensual default judgment. Pretty sweet deal for the lawyers ehhh? Don't even have to prove a case....just pressure people who don't know any better and disgustingly I watched one by one people signing away their rights without so much as a whimper. It about made me want to puke. As soon as we were served with the complaint, I immediately searched & found this site where I obtained a nice Debt Validation letter coupled with an order to cease & desist. I know at the point you're being sued dv is useless but since this complaint is the first demand for payment i've received I figured i'd still give it a shot. By the way, on the complaint they included an "exhibit" which is apparently their proof that a contract exists which is nothing more than an acct # & a total $$ with the defendants name.....very laughable. Anyways when our name was called, we approached the lawyers corral & snidely the attorney looked at the file & saw the cease & desist order & immediately pulled out a "waiver" which she asked my spouse to sign so we could "talk". I instructed my spouse to decline in front of the attorney & said since your client has not been able to comply with the debt validation, we have nothing to discuss. She tried to cut me off in the midst of speaking as a lame attempt to annoy me since I ruined her little hot streak of defaults...she looked at us as if we were stupid for not wanting to talk to her. It was the first time in my life I truly felt like somebody tried to insult my intelligence but then again, most people are stupid so I guess I can see their angle working most of the time. So we turned to walk away and she stopped us and rudely said, "well do you want a copy of your continuance date or not"...as I smiled politely, I said that'd be great. They continued it for 1 month to try to maneuver a default judgment out of us & I will explain in detail how they do this. (just showing up for court as a defendnat isn't enough!). About a week later, we were served with a request for production of papers & things as well as a request for written interrogatories. These are fancy words for discovery which they use for 2 purposes to win. The production of papers is basically a list of papers they want you to produce such as correspondence you've had with the original creditor or collection agency and basically any other piece of paperwork under the sun that might prove their case. So in a nutshell, they're basically saying..."hey, MR. defendant...since we don't actually have any evidence against you to win in front of a judge right now....would you be so kind as to incriminate yourself by sending us these documents that we don't have & can't prove that you have....sooo if you could just be a doll & send those documents right over that'd be just great!". Now the purpose this serves for the plaintiff is that two pronged: 1: if your responses in any way indicate your assumption that the debt is yours, you just screwed yourself (such as disputing the amount etc....you just admitted the debt is yours, now you're just disputing amount). 2: if you fail to comply with the request for production of documents within the 30 days as required by law, the plaintiff will file for a motion for default judgment & they will win b/c you failed to comply. In 99% of cases, this motion for production of papers will win their case by nailing 1 of those 2 points. YOU MUST COMPLY AND YOU MUST NOT ADMIT ANYTHING. MAKE THEM PROVE THEIR CASE! So here is my response to their production for documents:
  24. 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.) Michael Young 3. How much are you being sued for? $2083.80 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think so. 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 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2014 11. What is the SOL on the debt? 4 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). Suit Served 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? I was served on March 22, 2016 and have already responded to the suit. Court is set for June 1, 2016. I did not recieve any questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Credit card statement, Bill of sale from MHC Receivables, Affidavit of Sale, Certificate of Confromity, Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, credit card Contract I have already answered, but don't know what to do now. I have also just been served with a second lawsuit from a Portfolio Recover Assoc LLC today 5/11/2016 which I have not responded to, but will in the next few days. Like this
  25. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharine Allen 3. How much are you being sued for? $1,744.37 + "all costs of suit and all other relief, in law and equity to which plaintiff may be entitled" 4. Who is the original creditor? Synchrony Bank (Amazon.com Store Credit Acct) 5. How do you know you are being sued? Citation 6. How were you served? Sheriff served my parents 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Parker County, TX 10. When is the last time you paid on this account? 07-25-14 11. What is the SOL on the debt? Within the SOL 12. What is the status of your case? Suit served? Motions filed? It was still listed as unserved when I looked it up on the night of. I haven't re-checked yet, 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? No. 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? Breach of contract, account stated, damages. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? I attached the citation, the only that was included was a bill of sale from Synchrony Bank, an Amazon billing statement and a field data sheet with my information on it and blacked out account numbers.