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  1. Midland Funding a debt collector is suing me for not paying a debt from a Wamu Credit card. I received a court summons back in late September of this year, I didn't respond to it because I know I owe it and currently I'm unemployment and don't have the 5k dollars to pay. My last payment on the Card is back on September 2011. The summons says I have 30 days to respond and I haven't responded and the 30 days have elapsed. I checked on the L.A. superior website for the case number at it shows that a hearing is set for april 2013 order to show cause. My question is since I failed respond to t
  2. 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
  3. 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
  4. 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) th
  5. 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 Midl
  6. 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 Pr
  7. 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 M
  8. 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
  9. 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! THAN
  10. 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,
  11. 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.
  12. 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
  13. 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 valida
  14. 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 Jud
  15. 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
  16. 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
  17. 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........
  18. 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 tem
  19. 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
  20. 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 co
  21. 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 C
  22. 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 ca
  23. 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 a
  24. 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
  25. 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 ask