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Found 839 results

  1. 1. Who is the named plaintiff in the suit? Midland funding LLC Assignee of CIT BANK 2. What is the name of the law firm handling the suit? Michael R STILLMAN 3. How much are you being sued for? $2,000 4. Who is the original creditor? CIT BANK (NOT CITI BANK) FOR A DELL ACCOUNT 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? MICHIGAN OTTAWA COUNTY 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2008 11. What is the SOL on the debt? To find out: 6 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). NOTHING YET JUST A SUMMONS 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? 21 DAYS- NO QUESTIONNAIRE- HERE IS THE SUMMONS: NOW COMES PLAINTIFF, MIDLAND FUNDING LLC ASSIGNEE OF, CIT BANK BY AND THROUGH IT'S ATTORYNEYS, STILLMAN LAW OFFICE, AND FOR IT COMPLAINT AGAINST THE DEFENDANT, STATES AS FOLLOWS: 1. THAT THE DEFENDANT HEREIN IS INDEBTED UPON OPEN ACCOUNT PURSUANT TO CONTRACT, AND DEFENDANT ACCEPTED SAME. (ORIGINAL ACCOUNT NUMBER:123456789XXXXXXX) 2. PERFORMANCE HAS BEEN COMPLETED AND DEFENDANT AGREED TO PAY THE ACCOUNT 3. THERE IS PRESENTLY DUE OWING, OVER AND ABOVE ALL LEGAL COUNTER CLAIMS, THE SUM OF $2,000.00 4. PLAINTIFF REQUESTS JUDMENT FOR $2,000.00 PLUS INTEREST, COST AND ATTORNEY FEES. 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. THERE IS AN ATTACHED AFFIDAVIT FROM (A PERSON) WHO CLAIMS SHE IS A LEGAL SPE******T THAT HAS ACCESS TO ACCOUNT RECORDS FOR MIDLAND CREDIT MANAGEMENT SO I ASSUME SHE WORKS FOR MIDLAND NO STATEMENTS WERE SENT FROM OC. NO CONTRACT JUST THIS 4 PAGE LETTER STAPLED THAT HAS THE SUMMONS, COMPLAINT AND THE AFFIDAVIT! HOW DO OR SHOULD I ANSWER THIS SUMMONS?
  2. 1.-Midland Funding 2-Phoenix, Arizona 3-I'm being sued over an alleged Chase Bank account from 2007. Midland has provided the standard robo-signed affidavit and generic account condition along with an account number, I've yet to see a single statement or anything of that kind. 3-I've submitted my answer to the complaint utilizing a variety of affirmative defenses, I also have sent out my own list of admissions/interrogatories and have received theirs. 4. I am fully expecting them to go for MSJ at some point, I will counter since discovery is still ongoing. 5. Pre-trial is soon(Friday) I simply want to know what to expect and what I should bring with me. I don't plan on involving any witnesses or introducing any new documents, especially since Midland has failed to make their case whatsoever. EDIT-Update, went to Pre-Trial, neither Midland nor their attorneys showed up, I filed Motion to Dismiss, Midland responded by saying that they "miscalendered" the Pre-Trial Conference and that it shouldn't be held against them. They are also delaying every single motion and response they send to me, their actual motion will state that they mailed something on so and so a date and they sign on to it, but the actual date of sending will about 10-15 days later.
  3. Hi I'm new on this site. So please bear with me. The name of the plaintiff is Midland Funding LLC. The kaw firm is Bursey and Assoc. I'm being sued for $1500.00 + interest + atty and court fees. The orig, creditor is HSBC I did not know I was beingsued till I was served I was served in person at my home 9pm at night it was legal There was no correspondence. Did not know I was being sued i live in Arizona, Pima county the last time I paid on this account was Jan 2007 The SOL in Arizona was 3years, as of July bor Aug 2011 the SOL was changed to 6 years. ( 2007-2010 would have been the SOL) the staus of my case is--- w/o hearing default judgement I didputed the credit bureaus after i was served late 2011. I did not request credit validation because I did not know I was being sued I had 20 days to respond to the suit-- which I field an answer and ask for a copy of the application with HSBC. There was no evidence when I was served with the sunnons. Plaintiffs atty claims in there Notice of service of disclosue statement that filed my answer with the court 1 month latter than when I actully files my answer with the court. Also an old address that I have not lived at for 11years was on the original summons and on the notice of service of disclosure ststement. however they were mailed to the address i'm living at now. I called plaintiffs atty and agin asked then to disclose the orig application for the alleged acct with HSBC. followed up with a letter. Never rec'd anything. In September I rec'd in the mail a notice from the atty that he was going to file for a summary judgement request for case to be taken off inactive to an active status. Also rec'd supplemental exhibits-bill of sale( my name or acct # is not on It), Affidavit from a person having knowlege of the records, 5 statements, and a terms of agreement that is not all there , very poorly copied. no bank name no year etc... I looked at the court records today on line and there is w/o hearing default judgement. ( The following is listed in the order it is in the record) Also the Judge about 2 weeks earlier had it listed as case has been administrativly dismissed the the same day Order of dismissal. Notice of service of plaintiffs inital disclosure statement filed. file to judge on plaintiffs motion to to remove case from inactive calender File to judge on plkaintiffs motion for summary judgement It is hearby ordered the above action is restored active status until sometime in December. Also all these notices came thru the regular 1st class mail. So what do I now? I've called some atty's ( not that I can afford one), no return calls. iI did not file anything with the courts other than my original answer because I did not know who the the account was with other than HSBC but I had no knowlwge of having an alleged acct with them. I did not receive anything from the court telling me when the summary judgement was going to be. The only thing I received was the notices in september with no dates and no judges signature. What do I need to file ? HELP! Thank you for any help you can suggest for me
  4. been reading for a few days now, taking in great advice from some greats such as coltfan, legaleagle, bv80 and brunotheJDBkiller (just to name a few). so we'll start off with the basics. first off on the front page from the court it says and signed by the clerk October 22, 2012. on the second page it has October 17, 2012 but stamped filed on October 22, 2012. i didn't (well my BROTHER) didn't actually get served MY papers at my parents residence until the 29th (i just wanted you guys to know the dates). As i haven't lived there since i was 18. Also wanted to note i never saw anything from Midland or with Midland's name on it until this, god honest truth, if i had i'm sure i would have followed everyones steps earlier and i wouldn't even be dealing with a summons, they probably wouldn't even have started a case. After seeing on the last page, with the "bill of sale" i notice at the top left they have some address that i lived at 5 years ago, and i only lived there for 1 year. Just adds to the humor in all of this. i just want to thank everyone in advance for all the help and advice. Ok on to the good stuff. MIDLAND FUNDING LLC) Plaintiff vs. secretseven) Defendant(s) PETITION COUNT 1 - FOR MONEY LOANED COMES NOW plaintiff and for Count 1 of its cause of action herein states: 1. plaintiff MIDLAND FUNDING LLC is a limited liability company duly organized and existing under law. 2. Defendant (secretseven) is a resident of (said)County, State of Missouri. 2. all right, title and interest in the right to receive payment as described below were assigned to plaintiff. 4. the original creditor BANK OF AMERICA provided money by credit card to defendant and/or for the benefit of the defendant and inteded that the money be repaid by the defendant. 5. defendant has failed to repay the money loaned and the balance due is (short of) $3000.00 per the exhibit attached hereto and incorporated by reference. 6. demand for payment was made on or about june 4, 2012. WHEREFORE, Plaintiff prays for judgment against defendant in the sum of (just shy) $3000.00, together with interest thereon at the rate of 9% per annum from June 2012, and for the court costs herein expended. COUNT 2 - ON ACCOUNT COMES NOW plaintiff, ALTERNATIVELY, and for count 2 its cause of action herein states: 1. plaintiff incorporates by reference paragraphs 1,2 and 3 of count 1 as if set out in full herein. 4. defendant is indebted to plaintiff on account of credit provided by the original creditor BANK OF AMERICA to defendant at defendant's request in the sum of (close to) $3000.00 per the exhibit attached to hereto and incorporated by reference. 5. the charges on said account were reasonable. 6. after all offsets and credits due defendant, there remains a total balance due on said account in the amount of (shy of) $3000.00. 7. as a result of defendant's failure to pay the above balance is due. Demand for payment was made and refused. WHEREFORE, plaintiff prays for judgment against defendant in the sum of (you got it) $3000.00. together with interest thereon at the rate of 9% per annum from june, and for court costs herein expended. signed KRAMER & FRANK. last page looks like the (i'm sorry "a") "bill of sale" i mentioned earlier, has my name and a 5 year old address. purchased on 09-2010 from bank of america, obviously account number xxx'd out except last 4 which could be ANY random numbers, my name is above the midland account number, with a statement date of 06-2012. bottom as the total (balance information it says) court date set for 18th of DEC
  5. Midlands Funding sued me and their filings initially said the Plaintiff was Midland Funding assignee of Chase Bank. After they sent me a stack of copies of alleged billing statements during discovery they have changed the Plaintiff name on their filings to Midlands Funding assignee of Chase Bank AND Washington Mutual. This is because all of the billing statement copies were from WAMU except for the last two which say Chase Bank. Are they allowed to do that in their filings midstream in a lawsuit? I'm in Gwinnett County, Georgia. Can I change my name also in my filings? Maybe Elvis Presley. Or do I treat it at trial as just another in their chain of multiple assignments that they cannot prove? Thanks.
  6. I am desparatly needing some help on addressing Midland Funding. I just saw a few things after coming to this site about Midland Funding. I am so stressed out after reading that you should not use affirmative defenses when responding to a summons. I responded to their summons with basically denying everything. What would my next step be, as they have now sent me another letter to respond to within 30 days. They are bascially asking me to admit that i live in this county, etc. i will get the letter and post more details to what their asking. I would really appreciate any advice given to beat Midland in their tracks from rendering a judgement against me. I just want to make sure i'm covering my ducks when i respond, being as though it doesn't look like it using affirmative defenses. Thanks in Advance
  7. Info to get me started... 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.) Jerold Kaplan 3. How much are you being sued for? 5Kish 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Served summons at place of employment. 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? 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? No correspondence as of yet 9. What state and county do you live in? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3-4 years ago 11. What is the SOL on the debt? 6 yrs. 12. What is the status of your case? Suit served? Motions filed? Suit served, answer to summons has not been filed 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? 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 have about a week left before the 20 day answer period is up, I am a little unclear on this part of the summons, do I just need to have my response filed with the court by the 20th day or is my court appt. on that 20th day? I will call the court on the next business day, but curious if anybody has any info on this. The claim is for the unpaid balance in the amount listed above, with court and attorney fees and any accrued interest. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent an affidavit with the summons and a xeroxed copy of a card member agreement.
  8. Ok guys - first this has been a life saver! You all have inspired me to fight this JDB. I have been sued. I filed an answer back to the complaint denying the allegations sent to the court and the attorney. I sent a debt verification to the attny, as well as a cease and desist to the attny. My only question is - what the heck do I do now? Do I wait or do I need to do something else here? When am I supposed to send the discovery letter and do I need to send all of these documents to the court as well? So glad to have you all as a resource. There is no Cival procedures for dummies out there! THANK YOU!
  9. Resident of Ohio, Being sued by Midland Funding...I have prepared an answer and cert of service...wanted to see if someone could look it over before i notarize and mail/submit. also...requests for documents..when do i file that and with whom? Here's the answer letter I wrote, most verbiage borrowed heavily from this site and others: Franklin County Municipal Court Clerk of Court, 3rd Floor 375 South High Street Columbus, Ohio 43215 ATTN: Mary Jane Succubus, Clerk of Courts or Deputy Clerk. Midland Funding LLC, 8875 Aero Dr., San Diego, CA 92123, Plaintiff, V. Joe B., 123 Stuffit Ave., Columbus, OH 43221, Defendant. Case No. 1010101010 ANSWER, AFFIRMATIVE DEFENSES,COUNTERCLAIMS I. ANSWER The defendant, Joe B., answers the complaint as follows: Paragraph #1. "Plaintiff acquired, for a valuable consideration, all right, title and interest in and to the claim set forth below originally owed by Defendant to Chase Bank USA, N.A. As a result of the assignment, Plaintiff became, and now is the owner of account number ************2156." DENY. The defendant is without sufficient knowledge or information to form a belief as to the truth of the allegation(s) set forth in paragraph 1 of the Complaint, and therefore denies them. Plaintiff has provided no documents to substantiate the allegations in Paragraph 1. Paragraph #2. "There is due the Plaintiff from the Defendant upon an assigned credit card account debt, the sum of $4,727.14, that sum being the balance due on Defendant's credit card account." DENY. Defendant denies the allegations contained in Paragraph 2. Plaintiff provided no proof of debt, copy of evidence, bill of particulars, or affidavits of witnesses Plaintiff intends to call with summons. No credit card accounts ever opened or existed between Plaintiff and Defendant.There is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant. No debt validation from Midland Funding, LLC or from Midland Funding DE LLC pursuant to the FDCPA Act (§803.4) was supplied with summons. Paragraph #3. "Attached as exhibit "A" is the final account statement." DENY. The defendant is without sufficient knowledge or information to form a belief as to the truth of the allegation(s) set forth in paragraph 3 of the Complaint and therefore denies the allegation contained therein. Plaintiff has furnished an alleged account statement; however, failed to provide Defendant with sufficient documentation to substantiate the validity of the alleged account, the validity of Defendant's prior ownership of said account, or the validity of the account statement furnished. No contracts or affidavits were sent with summons. Paragraph #4. "Plaintiff notified Defendant of the assignment and demanded that Defendant pay the balance due on the account, but no part of the foregoing balance has been paid." DENY. The defendant is without sufficient knowledge or information to form a belief as to the truth of the allegation(s) set forth in paragraph 4 of the Complaint, and therefore denies them. To the Defendant's knowledge the Complaint is the first contact from the Plaintiff regarding this matter. Paragraph #5. "Defendant is in default of this repayment obligation." DENY. Defendant denies the allegations contained in Paragraph 5. Plaintiff has brought forth insufficient evidence of proof with the complaint that Defendant’s alleged debt to Plaintiff exists. This includes specifically the alleged contract between the plaintiff and defendant or any other instrument constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendants signature and/or production of the contract that legally requires the Defendant to pay the amount entered into complaint. Nor has the Plaintiff provided original or copy of the account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws under which the agreement and account are governed plus other important facts. II. AFFIRMATIVE DEFENSES 1. Plaintiff has failed to state a valid claim for attorney fees, and is barred from collecting Attorney fees under the Fair Debt Collection Practices Act. 2. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2) from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed. 3. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. II. DEFENDANT'S PRAYER FOR RELIEF The Defendant has been injured by Plaintiff's actions: WHEREFORE, Defendant prays that the Court allow Plaintiff to take nothing by virtue of its Complaint and that Court dismiss the complaint with prejudice as follows: 1. Deny Plaintiff's request for relief on this complaint in the sum of $4,727.14, which includes principal and interest; 2. Deny Plaintiff's requests for Plaintiffs costs, disbursements and attorney's fees incurred herein, and statutory interest from the date of judgement; 3. Deny Plaintiff authorization for Plaintiff, its agents, attorneys and assigns to contact third persons and entities for the purpose of collecting its judgment entered in this Court and to reveal the existence of Defendant's debt to such third persons and entities; 4. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. 5. Such other remedies or sanctions the Court deems appropriate. Dated this 29th day of November, 2012 Joe B., 123 Stuffit ave. Columbus, Ohio 43221
  10. OK. Ive read a lot here so far but I have a question. I was served today by Midland Funding LLC. I am going to fight it but the recommended form PLD-050. However on the form it states it is for use for under $1000. The notice I received is for about $4000. Which form should I use? I plan on following all the other steps that I have found but as usual the first step is the hardest.
  11. HI today I rec'd a suprise in the mail. It was an answer to my motion to vacate summary judgement. Plaintiffs atty is claiming that -- DEfendant argues lack of standing, lack of privity and hearsay. I can't upload what I rec'd today soplease bear with me. PLAINTIFFS REPLY TO RESPONSE TO MOTION FOR SUMMARY JUDGEMENT Plaintiff, Midland Funding LLC, and hereby replies to defendant Resoponse to Plaintiffs MSJ("Response"). In her response Defendant argues lack of standing, lack of privity and hearsay. A. DEfendant Presents no Question of Fact for trial. Defendaant merely offers invalid legal arguments as a defense to plaintiff's claims. Defendant does not raise any issue of fact and summary judgment is therefore appropriate. In reviewing a Rulke 56 msj , arizona law provides: When a motion for SJ is made and suported as provided in this rule, an adverse party may not rest upon the mere alligations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issye for trial. Burrington v, Gila County,159 Ariz. 320,326,767 P. 2d43(Ari. Ct. App.1988) (emphasis added) THe mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported MSJ: the requirement is that there be no genuine issue of material fact... When a moving party has carried his burden under rule 56©, its opponent must do more than simply show that there is some metaphysical doubt as to the material facts. Id (Emphasis added).
  12. When I got a divorce in 2005 I had to default on a credit card and start over from scratch. I have spent years paying off the little stuff and not accruing any new debt, and my credit score is now in the "good" range, wheee. I checked my credit file recently and there are a couple of things on there from Midland Funding LLC listed as open "accounts" that I'm not even certain what they are. One of them clearly lists the last payment/activity as 2/2006--well beyond the SOL. I'm pretty sure that's the CC. The other one, I have no CLUE. I disputed them with Equifax and sent a request for validation to Midland. I sent it registered mail, but didn't realize I should have requested a receipt. Will that be an issue? Should I send it again? I haven't been served, but am wondering if that's in the cards. They certainly will have my new address now. There's an awful lot of nastiness online about these ***hats. Anything else I need to do to be proactive? Thanks in advance for anyone who is nice enough to help a wiggy sista out.
  13. I just found this site so I am brand new to all of this. I had a credit card that I could not pay anymore to Home Depot, that was owned by City Bank, that had a management company work on it , that finally sold to Midland funding. They served me and I answered it with all denies and asked them for standing. They sent papers, or copies but no real evidence that they owned my account. It said that they purchased it in a batch. I had a trial set up and.. I was to go to court on the 19th but I blew it and got the day and time mixed up. I know I am stupid!! I just received a Motion for Entry of Judgement from the attorney Farrell & Seldin. I have no job, no personal bank account and no money anywhere. I have 1 vehicle and I am in the basement of the home I have a mortgage on, with a second mortgage. I have tenants paying the bank for the home and I just make it every month doing odd jobs and can't find work in the field that I used to do really good in that just has no work at all. Is there anything I can or should do?
  14. Please help, I am close to wanting to negotiating with jdb. I know I shouldn't, but don't know what to do. here's a little history. 1. Received summons from Midland funding, 2. replied/filed with court denying recalling the account 3. received large envelope with photocopies of cc statements (oc-chase) 4. received from law office representing Midland 15 typed pages of "interrogatories and requests for production of document" there are 34 statements that need a response. It looks like they want to know if I admit to having credit card, and knowing the debt owed, and that I signed for each purchase, and so on.... maybe this is familiar to someone. What is suggested to do now? Should I continue with "don't recall this account" This is in hubby's name, last time I sent him to court and told him to deny account, we got a judgement against us. which is hurting our credit. (I have sent the attorney an offer to pay to remove from cr. still waiting to hear from them.) what should I expect after I fill respond to "Interragorties and requests for production of documents". Also, how important is it that I respond? this is from the attorney not the court... I feel overwhelmed. Don't know what to do. I have let this sit for awhile. but now need to deal with it now.. Meanwhile, I just received another summoms from Midland on a different account with balance owed of $9,000.00. here we go again...
  15. I'm going to proceed with my federal lawsuit against Midland Funding. The problem that I am finding though, is that they have many different offices throughout the country. If that's the case, to which office should I mail the copy of the summons to? Is it safe to assume that since their lawyers here in NY represented them against me in a recent lawsuit, that they'd be the same people representing Midland? Should I have the summons mailed to those same attorney's? THanks
  16. thank you all so very much..I did my homework .i read all i could on this site..you help me with questions...and I won against midland funding.(bottom feeders) dissmissed with prejudice...they had nothing..counldnt prove anything.....I won....judge even yelled at the lawyer...LOWLIFE...told him this was a joke how unprepaired he was..... Thank you again so very much...... It was so sad all the people in front of me ,who didnt fight...and have to pay this scum of the earth people...... thank you........
  17. Midland Funding case. I have answered and I and the plaintiff have both had discovery. The plaintiff filed for MSJ and that is coming up next week. The have the typical BS affidavits, one from the OC but it is crap. The only thing I'd really like to see go away is the credit card statements from OC. I'm thinking of putting together a MIL to keep the credit card statements from the OC out. They are unauthenticated or even referenced in any OC affidavit. If I can keep them out, they can't prove the amount or reference any transactions in them. Anyone had any luck with this? Is there a good template for a motion to keep these documents out?
  18. Served papers filed in Iowa district court small claims division an I don't know what to do. Here's the rundown. 1. Midland funding 2. Litow and Pech, Cedar Rapids IA (about an hour and a half from me) 3. $1200.00 original credit line was $700 4. HSBC charged off in late 2009 5. Served at home 6. Served by Sheriff 7. They gave the papers to my wife. Proper in IA 8. No correspondence prior to suit 9. Iowa 10. Last payment was Mid 2009 11. SOL is 10 years in iowa. Don't know if I can use another state. 12. Served but not answered 13. Didn't dispute with credit bureaus 14. Did not request debt validation 15. My 20 days to respond to summons will be up in 5 days 16. No evidence submitted with summons Paperwork reads as follows You are hereby notified that the plaintiffs demand from You the amount of (around $1200) plus the following incidental charges interest in the amount of (around $130) Calculated by adding six months from the date of last bill or payment whichever is later pursuant to Iowa code section 535.2 1F, future interest at the statutory rate and cost. total amount requested (around 1200). This demand is based on: the defendants became indebted to HSBC Bank Nevada through a series of transactions.HSBC thereupon submitted to defendant monthly statements of result the final one showing a balance in their favor of around 1000 which defendant accepted and in which defendant acquiesced defendant impliedly agreed to pay sum by retaining said statement without objection and thus assured that said sum would be paid. This statement represents a final adjustment of the respective demands of each upon the other as the whole account and to all items thereon. HSBC Bank Nevada assigned all right title and interest in said account to plaintiff, plaintiff is owner of the account Should I be going to court, just answer them and hope they dont show or do I demand arbitration. I don't know what to do next. Thanks
  19. Hello, Please help! Back ground—I live in NJ. I am a 26 year old female (Not sure if that’s relevant). I received a Summons.. Plaintiff is Midland funding.. Attorney Pressler andf pressler. Stating that I owe them about $2600. I never received any validation of this debt. So I sent in my answer to court and pressler and pressler with my defenses:-- I. Answer: Deny. Pressler and Pressler attorney of Midland Funding have not provided me with any legit proof of said debt. I do not owe any money to Midland Funding nor am I aware of any open accounts with Citi-Bank. I do not know what this debt collection is for nor do I know how the supposedly owed amount of $2589.22 was calculated. I have not been presented with any proof of this alleged debt; Therefore, I am denying owing said amount of debt. II. Affirmative Defenses:- - Lack of privity: The plaintiff(‘s), Pressler and Pressler for Midland Funding, has not proven the debt is valid or the amount of the debt is accurate. The Plaintiff must prove that the principle, interest, collection costs, and attorney fees are all correct, agreed to in a contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. What this alleged debt is for. Explain and show how alleged debt amount owed was calculated. Provide copies of any papers that show defendant agreed to pay alleged debt. Identify original creditor. - Plaintiff’s complaint fails to allege assignment and there are averments as to the nature of the purported assignment or evidence of valuable consideration. WHEREFORE, the defendant asks the court judgment: a. dismissing the complaint herein with prejudice. So now they sent me back a request for interrogatories to answer:-- 1. Set forth with specificity all facts in support of each defense and or claim which the defendant has in the above-entitled matter including dates, places, names, and addresses of persons present or involved in any actions and or conversations. 2. Attach copies of all writing, documents, or any other records which relate to said account or in any way support any defenses or claims, including, but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications and any letters sent to or received in connection with the subject account. 3. Attach any documentation evidencing defendant's mailing address (es) between 1/16/06 to 9/14/09, which should include but is not limited to copies of energy or water bills, telephone bills, lease(s) and or deed(s)/mortage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested. So here are my questions…. A. For question (1) “Set forth with specificity… etc”. How do I answer that? My defense is that I don’t know what debt they’re talking about. I haven’t been presented with any proof. So do I just repeat that? I don’t think that’s what I’m suppose to do. So I’m asking for help on this one please. B. For question (2).. They’re asking ME to provide proof of the account?? I have no idea what account they’re referring to from the first place since they have not provided me with any validation nor do I know who the original creditor was. So how do I answer this one? C. For question (3)… Should I actually provide them with all my previous addresses? Do they have a right to ask for that? Or can I object? Additional questions:-- D. I never sent them a validation request letter because I was told that the time for that is now over. I just needed to go ahead and answer the court which is what I did. Also… I thought that “Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. What this alleged debt is for. Explain and show how alleged debt amount owed was calculated. Provide copies of any papers that show defendant agreed to pay alleged debt. Identify original creditor.”.. written in my answer would also serve as my requesting of these documents/validation. Is that not the case? Do I need to fill out a separate discovery and interrogatories form with court to receive these documents? E. After I answer these questions and send them to court and Pressler and Pressler… What can I expect next? And what should I do if they continue to disregard my request for validation? Is there a motion I can file? F. Was I suppose to receive any other letter from court about my answer? Or the interrogatories sent from Pressler and Pressler was all I was suppose to get? This letter is addressed from Pressler and Pressler. Not the court… Please help me… I’d be willing to settle for maybe 50% of that balance if I was actually provided with all the proof I need. I also will not make any payments until I receive a written agreement that this debt will be settled for “so” amount and will be reported as paid on my credit report. I have been working SO HARD on paying off all the debts that I have accumulated when I was young and stupid (Been living on my own with no parents since I was 17 years old); And I have actually FINALLY paid off all of it… And as soon as I made the last payment… I received this summons about a debt I wasn’t even aware of. So you can imagine my utter frustration with this! Please help me. Thank you SO MUCH.
  20. 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.) gabrielova, staley, banks attorneys for Midland funding San Antonio 3. How much are you being sued for? over $7k 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Papers stuck on front door 6. How were you served? (Mail, In person, Notice on door) on door 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 we are aware of 9. What state and county do you live in? texas Williamson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 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. Nope 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? 10 days and no questionairre 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. they attached an old statement from chase dated 07/08/10 It states that we must answer by filing with the Justice court and we are not sure how to answer. What form or how do we answer. We will be going to fight this in court. i had seen a post yesterday with someone that had almost the same issue but I have been searching for 8 hours today and cant find it. Any link to the earlier post would be greatly appreciated
  21. Hello all of you amazingly-informed and helpful posters, I'm being sued in WI and need to represent myself. I've done my best to scour these forums, and have picked up some great information, but I am so overwhelmed with how voluminous it is. I've learned somewhat about affirmative defenses, answering a complaint, filing for a motion for this or that, but I dont think I can absorb enough info to respond competently to the complaint in the 14 days I have left. To complicate matters I have major clinical depression. If I lose hope on this I will have an episode where I'll enter a state of not caring about anything, and there goes my ability to self-represent. To complicate matters even further, I have a critically ill relative in the hospital. Between researching and visiting her I'm losing precious time. I'd rather be at her bedside! If there's anyone that can help me I'll....well, actually I have no idea how I can repay you other than paying it forward. I appreciate any advice. Per the admin, here's the info surrounding my case: 1. Plaintiff: Midland Funding LLC, by its serving agent Midland Credit Management Inc. 2. Law firm handling the suit: Kohn Law Firm, S.C. 3. Amount: $11,534.61. 4. Original Creditor: Chase Bank USA NA/Heritage Bank One 5, 6. I know I am being sued because I was served papers in person at home. 7. Was the service legal as required by your state? Yes, per the Process Service Requirement by State link (thank you!). 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me letters and made phone calls to which I didn't respond. They threatened to sue and I requested DV letter requesting: *itemized list of charges they said I owe to include dates, amounts, names of points of transactions * Explanation of how they calculated what they say I owe. *Copies of any papers showing I agreed to pay what I owe. *Verification or copy of any judgment *Prove SOL not expired. *Prove they are licensed to collect in my state. *Document showing their license #s and registered agent. Plaintiff responded with: *Pre-legal Reminder letter *About 14 pages of statements from original creditor, but not ALL the statements *Notice of New Ownership and Pre-Legal Review letter 9. What state and county do you live in? *I live in Wisconsin, Milwaukee County but the debt was incurred in Idaho, Ada County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per plaintiff's documents, Chase statement says payment made was 4/11/2010 in the form of a return, but an actual payment from my checking account was from 3/12/10. 11. What is the SOL on the debt? To find out: Well, the debt was made in Idaho which is 3 years, but I moved back to home state of WI in June 2010. So, I'm not sure which SOL rules apply. 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). The status of my case is the suit was served and I'm trying to write an appropriate response to the allegations. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not disputed the debt with either the bureaus or plaintiff, nor have I legitimized the debt (that I know of). 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. Yes, I requested DV (see above #8). 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 have 20 days from the day served which was 11/4/12 2pm, so I guess I have until 11/24 2pm. :-\ Plaintiff claims: *1. Plaintiff name *2. Defendent name *3. Plaintiff not a creditor so is not subject to pleading requirements of Wis. Stat. Sec. 425.109. *4. Identification of acct # from original creditor (correct) *5. Defendent defaulted under the terms of said credit transaction(s) by failing to make payments on said account(s) when due. *6. Current balance $11,534.61 (not correct--this # actually a little lower than OC statement). *7. Defendant refuses to pay this debt despite due demand having been made by the plaintiff. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The summons was the only documentation supplied by the server: no exhibits, interrogatory questionnaire, opportunity to cure, affidavits of debt, credit card agreements, nothing. So that's all the info I know to provide. I guess my specific questions are: 1. What is the best response I can give? Should I use Affirmative Defenses or just deny everything and then spring my AD at the trial? 2. What is the format of my response to the summons--template available? 3. What are the general steps of this process? 4. What are my available options at each step? I've looked up Wisconsin Rules of Civil Procedure and can barely make heads or tails of the legalese. Oh, I just found the # for Clerk of Courts in Milwaukee, so there's another resource I can use. Thank you so much for any help anyone can provide! I feel like I don't know enough to even know what questions to ask! ~R
  22. I am being sued by Midland Mortgage. This is my third post on this as I was hoping starting a new thread would give me some new looks. Here is what has happened so far. Midland filed against me in Franklin County Court in Columbus, OH for a debt they claim to have bought from HSBC. I filed a Request for a Definitive Statement. In my filing I answered all of their claims with a denial or a request for definitive proof. This motion was denied but the judge said that Midland would have a hard time proving their case without more documentation. I then filed a motion for dismissal or stay pending arbitration. This motion was also denied. I had provided HSBC's card holder agreement and my election to arbitration but it was denied. Midland has now filed a Motion for Default Judgment as they claim I have not answered or defended this motion. I filed an answer and this motion was denied We went to mediation which failed. I served them with request for production of documents. In the mean time we have been set for pretrial My question is they did not answer my Request for Production of Documents. It will be 30 days tomorrow. Is my next step a Motion to Compel? Wait for Trial? I have read people on here ignoring filings like this and end up losing their case because of it. Can this mean I can file to dismiss based on this? Thank you for your time!
  23. So today was my trial with Midland Funding. Basically, last July, I had already filed the motion to preclude the bill of sale (which was granted), and Midland had admitted (stupidly) in writing that they had no other documents besides what they had already provided. So today, I didn't even wait for ten minutes when the court's manager handed me the papers saying that Midland dismissed the case with prejudice and that I'm free to go home. But...... I handed the papers back and said, "How about my counter claim? I am suing Midland for FDCPA violations" So the court manager asked me, "Oh, but we thought that you had already spoken to Midland's lawyer?". And I said, "No, if they gave you that impression, absolutely not - we did not get a chance to speak. And yes, I do want to counter sue for the reasons stated on my counter claim". The court manager went back and gave the papers to Midland's attorney who looked back at me as if she was wondering what I was doing. So they called me right away, and the attorney to the court asked me kindly why I was looking to counter sue, and I explained to her in a very professional way that Midland loves to harass people including myself by calling at work and filing frivolous lawsuits, and not only that but that I have personally lost wages and vacation days since I had to come to court four times for a case that Midland knew from the get-go they had no standing to sue me for. I showed the court's attorney my filed paperwork and she took about 10 minutes to read it and seemed impressed. In a shocking turn of events, the court's attorney then turned her attention to Midland's attorney and said, "So..... it seems to me that now it's up to you. Would you like to settle this? Would you like to take some time out to make a phone call to Midland?" You guys should have seen the look on Midland's attorney's face- she appeared offended when the court's attorney asked her that question. She looked like she wanted to tell her, "Oh no you didn't!! Oh no, you did not just not sit there and ask me that question". The court's attorney then said that I can have a seat while we give Midland's attorney time to contact their office so as to settle with my counterclaim. Midland's attorney, (a woman with nasty frizzy blonde hair), said angrily, "I am not making any phone calls back to the office, okay?!" Then the court's attorney kind of ignored her, but had me wait, and take a seat in the back in the hopes that Midland may settle the case - or better yet, how much Midland Funding would be willing to pay me. (I was suing for 9K ) After about 1 hour, the frizzy-haired Midland attorney put her coat on as if she was leaving, and told the court that if we're going to continue this, to get a transcriber to "start recording" yeah right. That's when I walked up to Midland's attorney with my folder full of papers and told her that I am willing to settle - that if she would be willing to have Midland send me a basic payment of $50 a month with an interest rate of 29.99% until the payment is complete that I would be willing to accept and that all she has to do is sign "right here". She ignored me and walked right out. (was it something I said? ) I was then called but this time in front of the judge who could not find Midland's arrogant attorney - she never came back. So the judge sent out people who took a good 20 minutes trying to look for her, but they came back empty handed. That's when another Midland scumbag attorney who was handling other cases volunteered to substitute. (Come to think about it, I should have won by default since frizzy hair failed to appear, but anyway) The judge basically told me that although she is very impressed with my paperwork (she had the court's attorney investigate my allegations and supporting paperwork and rulings in a backroom), that she would have my counterclaim dismissed in part because I quoted federal rules and as such, my FDCPA complaints should be treated in a federal court, not a city civil court (I forgot her exact words). So my counterclaim was dismissed but "without prejudice" so that I can sue them in a federal court. So that was my great day in court today. I had so much fun. I gave Midland's attorney something to sweat over, and that made me gleeful. I bet you if everyone gave them a hard time, they'd be extra careful in who they try to sue. woo hoooooo!!!
  24. Hello! Okay, first of all, I want to offer a HUGE thank-you to all the wonderful people here! Thanks to all the advice, forms, etc, I have made it past the first hurdle in facing Midland Funding in court. Now, on to business. By the time my court date rolled around, I had filed my answer and discovery request with the court, and Midland requested a 30-day extension as soon as we both approached the judge. It was granted, and a new court date was set. Then I get a letter in the mail from Midland requesting an additional 30 days to respond to my discovery request. They also sent me a letter asking me to settle. Today, I received Plaintiff's First Interrogatories Directed To Defendant and Plaintiff's First Request for Production of Documents to Defendant. They also included a Certificate of Mailing and Plaintiff's Requests for Admissions Directed to Defendant. With the Requests for Admissions, I thought I already answered those with my first filed answer. It looks like all the same questions. Am I wrong? The very last page in the packet says: "Comes now ______________ and states under oath that the foregoing Answers to Interrogatories are true and complete to the best of his/her knowledge and belief." And it has a line to sign on, with a date, and a line for a Notary Public signature. Is this something that I have to sign and return? Do I return the whole packet with my answers? Now, I've been following another thread for my case, since it's also in Missouri. I was able to use the form responses in that thread for my answer and discovery request. However, I am stumped as to how I should respond to what they've sent me. I've posted it below. If someone could direct me to a thread with information relevant to this or suggest some wording, I'd greatly appreciate it. I want to make sure that I answer appropriately and without admitting anything (obviously). Thank you again for all your help - you've all been fabulous! PLAINTIFF'S FIRST INTERROGATORIES DIRECTED TO DEFENDANT(S) COMES NOW Plaintiff and pursuant to Rule 57.01 of the Missouri Rules of Civil Procedure propound the following Interrogatories to be answered within 30 days after service hereof. 1. If you denied any of the facts as set forth in Plaintiff's Request for Admissions, state each and every fact upon which you rely to support your denial. RESPONSE: 2. To the extent not already answered, if you denied Request No 9*, state each and every fact upon which you base your denial of the amount owed. RESPONSE: 3. Identify each and every person who answered, or who aids in answering, these Requests for Admissions and Interrogatories, or who was consulted or supplied information upon which answers to these Requests for Admissions and Interrogatories are based. RESPONSE: 4. Identify each and every expert witness Defendant(s) intend(s) to call at trial, and for each such expert state the subject matter on which the expert is expected to testify and the expert's hourly deposition fee, address, occupation, place of employment, and qualifications to give an opinion. RESPONSE: __________________________ *Request No 9 is: As a direct and proximate result of the Defendant's breach of the Agreement, [ALLEGED INSTITUTION HERE] has sustained damages in the sum of [AMOUNT]. ___________________________ PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT(S) COMES NOW Plaintiff and pursuant to Rule 58.01 of the Missouri Rules of Civil Procedure propound the following Request for Production of Document is to be answered within 30 days after service hereof. 1. If Defendant(s) denied Request for Admissions No. 19**, provide copies of all correspondence sent to the Plaintiff disputing any statement of account, or monthly statement. RESPONSE: 2. If Defendant(s) made payments on this account, provide copies of canceled checks or other documents to verify payments made. RESPONSE: 3. If Defendant(s) is/are claiming that there was some form of credit insurance, or claiming some other party is responsible for payment on this account, provide copies of all insurance claims filed, or other documents to support this claim. RESPONSE: 4. Provide copies of any documents or things that Defendant(s) would intend to introduce as evidence at trial. RESPONSE: ___________________________ **Request for Admissions No. 19 is: Defendant(s) did not object in writing to any of these statements of account, or monthly statements concerning this account. ___________________________
  25. Just found this and thought I'd give back Robosigners Beware: Texas AG Greg Abbott brings suit against Midland Funding, Midland Credit Mgmt, and Encore Group,Inc. for submitting fraudulent mass-produced affidavits in credit card debt suits against tens of thousands of Texans