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Found 840 results

  1. 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
  2. Basically, after the court asked Midland to produce discovery on my behalf, all Midland did was send me a few copies of statements of credit cards, and a copy of a supposed bill of sale, which we have already discussed is not enough proof of evidence. Anyway, here is the letter they wrote back after I had filed a motion to compel (for discovery) with sanctions: ~~~ Eric, Esq. an attorney duly admitted to the practice of law in all the Courts of the States of New York, hereby affirms pursuant to CPLR 2106 and under penalties of perjury that: 1. I am an associate attorney with the Law Offices of Cohen & Slamowitz, LLP, attorneys for MIDLAND FUNDING LLC, (hereinafter the "Plaintiff") herein, and as such I am fully familiar with the facts and circumstances of this case, and the proceedings heretofore had herein. 2. Plaintiff submits this Affirmation in Opposition to the Motion to Compel of Stormie (hereinafter the "Defendant") returnable June 1, 2012, which seeks to compel Defendant to answer the court's Discovery Conference Order dated March 7, 2012 and impose sanctions on the Plaintiff. 3. This Court should not grant the instant Motion because Plaintiff has already replied to the court's discovery order on April 1, 2012 see Exhibit "A". (Exhibit A is a bunch of alleged credit card statements that do not show how the balance was acquired. They don't even show my making payments on them, nor anything with my signature) 4. Plaintiff in response to discovery demands sent Defendant all documents in its possession. Any requested information that was not sent, is not in the possession of the Plaintiff. Further, a Plaintiff cannot be compelled to produce documents which are not in its possession. Euro-Central Corp. v. Dalsimer, Inc., 22A.D.3d 793 (2d Dept. 2005). (Where upon review of the moving papers and the responses to the discovery demands, the Court finds that plaintiff substantially complied with the discovery requests. The responses provided were adequate for the defendant to prepare a defense). Striking the pleading and dismissing the case would be inappropriate. 5. Penalties for refusing to comply with an order to disclose is governed by 3126 of the Civil Practice Law and Rules. If any party, refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed, then the court may make such orders with regard to the failure or refusal as are just. At the outset, the drastic remedy of striking a pleading is inappropriate absent a clear showing that the failure to comply with discovery demands is willful, contumacious, or in bad faith. Harris v. Cit of New York, 211 A.D.2d 662 (2d Dept 2005). Presently, the Defendant has failed to demonstrate the foregoing. Plaintiff is not failing to comply by a willful action or in bad faith. Wherefore, Plaintiff respectfully requests that: 1) the Defendant's Motion to Compel discovery be denied on the grounds the the Plaintiff has properly answered the court's discovery order by sending all the documents in it's possession, and 2) the costs and expenses of defending against said Notice of Motion be awarded Plaintiff; and 3) the Plaintiff be granted such other, further and different relief as this Court may deem just and proper. Dated: July 3 (funny how they sent this to me a day before our third pretrial conference, which will take place this Wednesday) ~~~ thoughts?
  3. A summons from Midland funding was issues from the mchenry county court clerk on OCt 29th for me with a court date of Nov 16th 12 which is tommorow. Last week someone came by and knocked for about 5mins, we didnt answer the door and they left im assuming it was the process server, ive been checking their online website as they have my case number and the summons info and it says it hasnt been served yet, my question is on the small claims summons form that they must serve it no later than 3 days before the court date and they must turn it in asap once it has been served, im assuming they would update the website with the info. All imt rying to do is buy another month or so as we will be filing BK. Since they didnt serve me and i wouldnt know about the court date should i show up to court or let them reassign a alias summons and a new court date?
  4. Lost my 1st round against OC....... next up, round two.....ding ding And in this corner we have Midland Funding.... I really need to review some good examples of Oppositions to Summary Judgments. Account Stated and Breech claims Perferably Citing New York Case Law. PLEASE
  5. 20 ANSWERS .... HELP W/ ADMISSIONS - COLLIN COUNTY TX -------------------------------------------------------------------------------- 1. MIDLAND FUNDING LLC 2. FULTON FRIEDMAN & GULLACE (JOHNETTA LANG) 3. $5,971.06 4. BENEFICIAL 5. SERVED 6. IN PERSON 7. YES 8. MCM SENT A LETTER (THEY INCLUDED IN SUIT) See attached... 9. COLLIN COUNTY, TEXAS 10. 03/09 11. 4 YEARS 12. SUIT SERVED, ANSWER FILED 13. IT WAS DISPUTED WITH CREDIT BUREAUS AND ORIGINAL CREDITOR 14. NO 15. I FILED AN ANSWER & AFFIRMATIVE DEFENSES… I HAVE UNTIL 11/29 TO SEND ANSWERS TO ADMISSIONS AND ANY REQUESTS TO THEM 16. AFFIDAVIT, PROMISSARY NOTE, TRUTH IN LENDING DISCLOSURES, LETTER FROM MCM Here is my questions - I filed an answer, I sent Response to their Request for Admissions and Discovery. (They send discovery & admissions in 1 letter) Now, I can send my requests for discovery to them? Do I have to send discovery and request together or can they be separate. I can request what documentation they have that they actually own this account and not the 3 others that had it before? Do they not have to prove that they own it? I would like to show they do not have standing to sue me. If they do not respond, then what do I do?
  6. Midland Funding LLC | A Consumer Guide To Dealing With Junk Debt Buyers I do not recognize the name of the person of whom it is registered to in North Carolina. The tone is strikingly Colftan-esque, and I'm pretty sure I read the same lines on CIC with Coltfan as the author. I guess what this really means is that coltfan is a scam, and he has been stealing web content for a long time. Coltfan is going to send this guy a c & d and mail me a beatdown. It's ok-I deserve it for even laughingly throwing him under the midland bus.
  7. I currently reside in Indiana. I recently recieved a summons from Midland Funding LLC regarding an account from Midland Funding, represented by Bowman, Heintz, Boscia, and Vician, P.C. regarding an old Dell account from 2006. My ex-wife had taken out an account with Dell in 2006 in my name and was unable to make payments on this account beginning in March of 2007. I was a college student at this time, and my ex-wife had promised to make payments on this account. She never did after March of '07, and then left me holding the debt in the divorce. Lawyers had suggested that we just file as "settled on all issues" as my ex had taken several cards out in my name only, and her refusal to pay back the debt would only reflect on my credit. I am currently working with a debt management company in order to get my finances back in order, but they had been making payments to Midland, as opposed to their lawyers, and therefore payments were not accepted or cashed, and Bowman has issued a summons on the alleged ammount of $1,9--.--. I spoke with their lawyers, and they only want to accept the full ammount paid in full, or payments of $150 a month, which is well beyond what my budget would allow (I am also paying debt management for addtional debts that my ex ran up in my name). My concerns are as follows: 1. In the summons, they have included information regarding the purchase of the debt by Midland, have notarized signatures, and include the transaction to Bowman, Heintz (also notarized) 2. They include an account summary from Dell financial, which includes the items purchased, billing payements, contract terms, and payment history. 3. In speaking with the lawyers, they are seeking a judgement, even if we are able to make payment arrangements. 4. The lawyers also state that they would be willing to take payments of $50 a month for 3 months only, and then will seek to increase the payement ammount after that. With all of the information that the lawyers have on this account, would it make sense to challenge this account in my response to the complaint and go to a hearing, or would it make sense to just make the $50 payements for 3 months and see where it goes from there? Is Midland trying to pull something here with their 3 month acceptance of a lower payement? What would be the best course of action here? Any help at all would be much appreciated. Friends suggested that I go after my ex-wife, but this is not an option, as the divorce has been finalized as "Settled on all issues." At this point, I am just trying to get my life and finances back in order and move on with my life. PLEASE HELP!
  8. Care to comment or edit my affidavit opposing summary judgment? Header I, Flyerfan, am the pro se defendant in the above case and swear and affirm that the listed information on this affirmation is true and correct. 1. The Plaintiff, in the Motion for Summary Judgment, claims that the “Bill of Sale” submitted is clear proof that the alleged account was sold to the Plaintiff by OC. The “Bill of Sale” is vague and points only to a spool of accounts which has all relevant information redacted and is anything but clear. It is non-specific to the account in question and is disputed by the defendant. 2. The Plaintiff has submitted an affidavit by Affiant 2 which references the “Bill of Sale”. In his affidavit, Affiant 2 affirms that the “Bill of Sale” is legitimate but again only affirms that a spool of accounts were sold and nothing specifically related to the account in question is referenced. Even if his affirmation is correct it supports no documentary evidence that the alleged account in question was part of that sale. 3. The affidavit of Affiant1 was submitted by the Plaintiff in an attempt to close the gap in the chain of ownership but the affidavit fails on its face. a) Affiant 1, the affiant, fails to state her employer or position other than “attorney-in-fact”. No documentation was provided to verify her status as “attorney-in-fact”. (Mills v. STATE OF DELAWARE No. 56, 2007 DE Supreme Court.) The affiant does not claim to have any knowledge of the records she attempts to authenticate nor does she claim to have any personal knowledge regarding the manners or methods with which the creditor maintains its records thereby not laying a foundation for her abilities or qualifications as a “custodian or other qualified witness” as deemed necessary according to DRE 803(6). (Mills v. STATE OF DELAWARE No. 56, 2007 DE Supreme Court.) No evidence was provided about verification measures routinely taken. (KPAKIWA v. Brazos No. S10A-03-002 RFS DE Superior Court) Due to this lack of foundation the affidavit must be considered hearsay and does not qualify for the business records exception to hearsay. c) The affiant claims that the alleged account was sold to JDB but does not attach any documents to the affidavit to make this specific claim and it therefore does not satisfy Rule 56(e) of the Delaware Civil Rules of Procedure for Summary Judgment. d) The affiant does not specifically claim to be competent to testify to the matters stated in her affidavit which, again, does not satisfy Rule 56(e) of the Delaware Civil Rules of Procedure for Summary Judgment. (Mills v. STATE OF DELAWARE No. 56, 2007 DE Supreme Court.) e) For all of these reasons, the defendant would like the opportunity to cross-examine Affiant 1 at trial to verify the personal knowledge, or lack thereof, she possesses in regards to her claims or have her affidavit stricken as hearsay by this Court. 4. The affidavit of Affiant 3 is an attempt by the Plaintiff to correct the errors in the affidavit of Affiant 1 as pointed out by the defendant in the defendant’s Answer and Sworn Denial of Debt that was submitted to the Plaintiff prior to the Plaintiff filing the motion for summary judgment. This affidavit fails, too, on its face. a) This affidavit was submitted after the Plaintiff filed its complaint and was executed by Affiant 3 (8) months after alleged sale of the account in question. There were no specific documents referenced or attached to the affidavit which would be deemed admissible in evidence failing to satisfy Rule 56(e) of the Delaware Civil Rules of Procedure for Summary Judgment. None of her claims are supported with documentary evidence, thus this affidavit is hearsay. (KPAKIWA v. Brazos No. S10A-03-002 RFS DE Superior Court) c) The affidavit has a computer generated barcode and file name “AFFRECORD” which makes computer generated affidavits that are simply signed without review for use in lawsuits. This fact has been publicly testified to in Attorney State General of Minnesota Lori Swanson’s deposition of three employees of Midland Credit Management as shown in the attached “Exhibit A”. (State of Minnesota v. Midland Funding LLC) d) The affidavit has the law firm “A, B & C” printed on it which makes it clear that it was generated specifically for this lawsuit and not in the regular course of business. e) For all of these reasons, the defendant would like the opportunity to cross-examine Affiant 3 at trial to verify the personal knowledge, or lack thereof, she possesses in regards to her claims or have her affidavit stricken as hearsay by this Court. 5. The defendant has requested the production of documents from the Plaintiff in a good faith effort to establish the credibility of the affiants who have signed the affidavits. Every request was objected to and the Plaintiff’s responded with no documents at all. 6. The request for the alleged signed application between Chase and the defendant that was requested by the defendant was responded to by the Plaintiff by objection stating that the document was in the possession of the original creditor. If this alleged account is truly in the possession of the Plaintiff as they claim it seems suspicious that the document that verifies a contract exists and allegedly contains all of the terms and conditions they are attempting to enforce is not in their possession. This is an issue which must be addressed at trial. 7. The defendant has submitted interrogatories to the Plaintiff which have not been answered. A summary judgment cannot fairly be granted to the Plaintiff while the defendant is still in discovery and is being denied documentation and a response to interrogatories. 8. The documents that the Plaintiff has submitted in the motion for summary judgment which include the alleged credit card statements have not been authenticated by a custodian of the records or other qualified witness and therefore cannot be considered in a motion for summary judgment. (1) Without these documents the Plaintiff cannot support its claim for the amount of relief the Plaintiff seeks and a trial is necessary to determine what relief, if any, the Plaintiff is entitled to from the defendant. (1). It is well established that unauthenticated documents cannot be considered on a motion for summary judgment. Canada v. Blain's Helicopters, Inc., 831 F.2d 920, 925 (9th Cir.1987). To be considered by the court, "documents must be authenticated by and attached to an affidavit that meets the requirements of [Rule] 56(e) and the affiant must be a person through whom the exhibits could be admitted into evidence." Id.; see also 10A C. Wright, A. Miller, & M. Kane, Federal Practice & Procedure § 2722 at 58-60 (2d ed. 1983). A document which lacks a proper foundation to authenticate it cannot be used to support a motion for summary judgment. Canada, 831 F.2d at 925; Hamilton v. Keystone Tankship Corp., 539 F.2d 684, 686 (9th Cir.1976); United States v. Dibble, 429 F.2d 598, 601-602 (9th Cir.1970) Mills v. STATE OF DELAWARE No. 56, 2007 DE Supreme Court. - DRE 803(6) authorizes the admission of business records if a custodian of the records or “other qualified person” testifies as to the regular practice of keeping records in order to lay a proper foundation. Because Rosenblum was not a custodian of the records or a person qualified to testify about the regularity and practice of keeping those records, the requirements of Rule 803(6) were not met. KPAKIWA v. Brazos No. S10A-03-002 RFS DE Superior Court. – Since the trustworthiness of the evidence is the justification of the business record exception, the verification must provide a strong assurance of accuracy… No evidence was provided about verification measures routinely taken…Summary judgment is not appropriate where there are material questions of fact in dispute or where it is desirable to inquire more thoroughly into the facts to clarify the application of the law. Nor is it to be granted where the supporting affidavit contains or might contain hearsay. Delaware Rules of Civil Procedure. Rule 56. Summary Judgement (e) Form of affidavits; further testimony; defense required. -- Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The Court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or affidavits. When a motion for summary judgment is made and supported as provided in this Rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this Rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party. I hereby affirm that the statements made in this affidavit are true and correct. Flyerfan
  9. Case was filed in Idaho last year. I replied to their claim and denied just about everything. I asked for discovery 2X's and received nothing. Case sat for over 6 months with no activity from midland lawyer. It was dismissed in March for inactivity. Now, the calls have started again from Bennett Law in Salt Lake City who is the tied in with midland funding. What are my options? If it was dismissed for inactivity, doesn't it mean I won my case? Any help and direction would be appreciated. I have not answered their calls yet... they have just left voice messages to the effect. "This message is for XX if you are XX then listen to the personal message. If you are not XX then hang up and don't listen to the rest of the message. If you are XX then we will give you a minute to listen to this very private call. If you are xx then this is Bennett Law office trying to collect a debt. We have a legal matter and you must call us at 801-432-2946 to make arrangements to resolve this legal issue. I have blocked the number. What else can I do to stop the harassment and protect myself against them refiling the same law suit? Thanks
  10. Midland just supplemented its initial disclosures with the last HSBC statement. ARCP Rule 37©. Failure to Disclose; False or Misleading Disclosure; Untimely Disclosure: The attorney (Monica Derrick with Bursey & Associates) attached the statement as its only exhibit to the Midland motion to dismiss my counterclaim, mailed a day before the supplemental disclosure. AND, the trial is scheduled later this month. I'm currently working on my motion for leave to amend my answer/counter claims, to join Midland Credit Management (servicer) because they just called me a few days ago for most likely another account, although I never had an "Ameritech" credit card as the guy claimed. Midland Credit is also listed as the company reporting the Midland Funding account on one of my reports. It's NICE that they report to TU as "open" account as that will help proving that it is an open account and subject to the former 3 year SOL in AZ. And they're incorrectly reporting the Date of Last Activity to Equifax, reaging the account. So I'll request a continuance of the trial and the 60 day rule is not really an issue, but I'm wondering whether that supplemental disclosure of the statement and using it in the motion to dismiss without having requested leave of court can be considered an FDCPA violation, unfair practices comes to mind since I don't have an attorney and can't afford to pay one. Have there been any relevant court rulings? If so, I could also ask to join the attorneys. FYI, Midland did NOT disclose the second account at all and I was very surprised when I got my credit reports last night to see TWO Midland HSBC accounts. ANOTHER ISSUE: Midland requested telephonic appearance for the witness at trial as the UNNAMED witness lives outside our county and is only to lay foundation for exhibits. In their initial disclosures they listed FOUR people that could be testifying, but they never specified one. Can I ask that they tell me who the witness will be? I think it's hard to question someone on the phone as I can't hand them the exhibits, make sure we're looking at the same page, etc.
  11. So in March of this year, I was served by midland funding for a credit card debt. Thanks to all the help from this forum, I responded with a denial with the 30 days. That was the last I heard from them until last week when they started calling again. I just checked the court website and they submitted a bench trail request as well as AFFIDAVIT IN LIEU OF TESTIMONY. They AFFIDAVIT IN LIEU OF TESTIMONY is 54 pages long including what appears to be the bill of sales from chase, closing statement, notice of new ownership, collection notices, chase monthly statements of about year and half, missing some in between, and the terms of agreement. What should my next step be? Am I heading to court? Do I need to file anything? Thanks for you all help.
  12. Please let me know what you think of my opposition to motion for summary judgment. Does this count as issues of material fact? I, Flyerfan, presents to this Court the following opposition to motion for summary judgment filed by the Plaintiff. 1. The Plaintiff in the above referenced case has filed a motion for Summary Judgment which was not signed. In the motion, Plaintiff states that there are no issues in dispute over material fact. There is now and has been a dispute to all alleged “facts” maintained by the Plaintiff as recorded in the defendant’s Answer, Response to Interrogatories and Sworn Denial. 2. The defendant has submitted to Plaintiff and to this Court an Answer to the complaint denying the allegations submitted by the Plaintiff. The defendant has also filed with this Court, and served to the Plaintiff, a Sworn Denial of Debt which the Plaintiff failed to reference in the Motion for Summary Judgment which is a clear dispute to the alleged debt and the “bill of sale” which does not specify the alleged account number and should be addressed at trial. Plaintiff contends the “bill of sale” clearly establishes Plaintiff’s standing to sue in this action but it nowhere states the account number in question and is therefore conclusory. 3. Plaintiff has failed to attach the admissible, documentary evidence required by Delaware Civil Rules of Procedure 56(e) which states that “Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith.” This lack of foundation makes the affidavits of Affiant 1, Affiant 2 and Affiant 3 submitted by the Plaintiff hearsay which does not qualify under the business exception to hearsay as the business records to properly support the allegations as a matter of law are not attached and this needs to be addressed at trial. 4. Both parties have served discovery demands in this matter. The Plaintiff’s motion for summary judgment was delivered to me (1) day before the Plaintiff’s response to the defendant’s request for the production of documents was delivered. Plaintiff objected to all requests which the defendant requires to prove the Plaintiff’s lack of standing. The Plaintiff claims these necessary documents are in the custody of the original creditor and not the party claiming standing in this case. That fact is suspicious and needs to be addressed at trial. 5. The Plaintiff has not sustained its prima facie burden on this motion. Simply claiming standing is not sufficient for a decision by this Court to grant a motion for summary judgment. Proof of standing is required by law and must be proven through documentary evidence. The documents that are supplied with the affidavits of Affiant 1, Affiant 2 and Affiant 3 do not show documentary evidence of the alleged specific account in regard to the sale from Chase to Midland Funding. This key piece of information, which is critical to the Plaintiff’s standing in this case, is lacking and necessary for a summary judgment for the Plaintiff as a matter of law. The “bill of sale” does not prove standing in this case as it is not specific to the account in question. An affidavit cannot create a business record where on does not exist. If the affiants claim that an account was sold under a specific bill of sale, the record of the sale specifically stating the account number must be attached as required by Delaware Civil Rules of Procedure 56(e). 6. Rule 56© is quoted but only applies if the Plaintiff has proven that there are no issues of a material fact regarding standing to sue, that the debt is valid and that the amounts are correct. The defendant has filed a Sworn Denial with the Court denying these facts. The affidavits purporting these claims by the Plaintiff are faulty and lacking the necessary documentary evidence and foundation and are therefore hearsay and do not qualify under the business records exemption to hearsay. Because Plaintiff’s moving papers are insufficient to establish entitlement to judgment as a matter of law, the burden of production has not shifted to Defendant to raise an issue of fact, and therefore the motion simply must be denied. 7. Every document the Plaintiff has submitted has not been supported by fact and is conclusory. Affidavits submitted by the Plaintiff make claims without admissible documentary evidence, with redacted information and a lack of foundation. Under the “best evidence rule,” when a party seeks to prove the contents of a writing or recording or photograph, the party offering the evidence must produce the original writing, recording or photograph unless otherwise provided by statute or under the rules of evidence. The purpose of the best evidence rule is to ensure that the most accurate evidence practicable is presented in those situations where informed judgment has concluded that precision is essential. Secondary evidence is excluded under this rule not because it is necessarily inferior in probative value, but because it presupposes that direct primary evidence is being held back. I believe the Plaintiff has not produced the “best evidence” and has not proven standing in this case and the motion for summary judgment must be denied. Conclusion The Plaintiff received an affidavit of sworn denial from the defendant on {DATE}. This affirmed statement is in direct opposition to the affidavits submitted by the Plaintiff yet the Plaintiff is stating that there remains no genuine issue of material fact. The debt has been denied, if determined by this Court that the debt is valid, the amount has been denied and standing has been denied and absolutely no admissible documentary evidence has been submitted by the Plaintiff to prove these allegations. Under the spirit of the Administrative Directive 2011-1, this Court requires the Plaintiff to submit documentary evidence and not simply statements made without the necessary documents and foundation to prove the allegations made in said statements. The Plaintiff’s motion is dated {week prior to ROGS} at the bottom of its motion making it clear that it was written prior to the filing of the defendant’s response to interrogatories and sworn denial and is an attempt by the Plaintiff at shifting the burden of proof to the defendant in this case. The defendant respectfully requests that this Court deny the Plaintiff’s motion for summary judgment and strike the affidavits of Affiant 1, Affiant 2 and Affiant 3, together with such other and further relief the Court may find appropriate. Respectfully submitted, Flyerfan Thoughts?
  13. Hello, just had these summons dropped off to my roommate in my apartment, looking for some advise as I've never really run into anything related to courts before. A few things I'm curious about in particular, the summons were given to my roommate rather than myself, is this legal in michigan (i couldn't find the answer with my googling), and the address on the summons is an old one and the court its going through is 60+ Miles away from my current address, would this result in anything? 1. Who is the named plaintiff in the suit? -Myself, however they have an inaccurate old address there, before the date that the summons were issued (9-27-12) i had changed my address to the current one, not sure if that's meaningful. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding LLC 3. How much are you being sued for? 3770.10 plus interest, attorney fees. 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA 5. How do you know you are being sued? (You were served, right?) Summons served to my roommate. 6. How were you served? (Mail, In person, Notice on door) None of the above i guess, paperwork given to my roommate when they answered a knock on the door. 7. Was the service legal as required by your state? Not sure of that, I couldn't find anything detailing this while searching. Only thing I could find was a FAQ that said they'd need special court orders to do this, any help on this part? 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? 9. What state and county do you live in? Michigan, court summons issued for St Clair county, however I lived in Wayne County before the date of the summons were issued. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010, Michigan 11. What is the SOL on the debt? To find out: 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). 6 years for michigan 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Have never had contact with any of them until now, I assume all old mail was going to the old address that they had here on the summons. 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, no contact/mail until now. 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 after receiving this notice, so 19 more days at this point 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The first page is the Summons and Complaint, Second page is from state of michigan 72th court, has the complain on it as follows: 1. That the defendant herein is indebted upon open account or pursuant to contract, and defendant accepted same. (original account number : xxxxxxxxxxxxxxxxxxx) 2. Performance has been completed and defendant agreed to pay the account. 3. There is presently due and owing, over and above all legal counter claims, the sum of 3770.10 4. Plaintiff requests judgement for $3770.10 plus interest, costs, and attorney fees. I Declare the statements above are true to the best of my information, knowledge and belief. Respectfully submitted, STILLMAN LAW OFFICE. Dated August 24, 2012. 3rd page is an affidavit of a legal spe******t that says 1)they have access to pertinent account records for midland credit management. It says the plaintiff is the current owner of and/or successor to obligation sued upon and was assigned all rights, title, interest to defendants CHASE BANK USA N.A> account (xxxxxxxxxxxxxxxx) (MCM Number XXXXXXXXXX). and that they're authored to make this afadavit on the plaintiffs behalf. 2) MCM records show that the defendant owed a balance of 3770.10. Such balance may continue to accrue interest at the rate set forth in cardholder agreement/original contract and/or required by law until suit is filed. after which interest on the unpaid balance shall accrue as required by law and as set forth within the terms of the statute. The fifth page is the signature of the legal spe******t.
  14. In response to various letters from Midland, I sent a debt validation letter (with the help of this site) 5/31/2011. Received their standard non-validation letter June 6, 2011. Was served with summons and petition for suit district court July 27, 2011 (repped by Love, Beal & Nixon, PC, of Oklahoma City). Mailed follow-up letter to Midland July 28, 2011, stating in part: I contacted your firm via certified letter dated May 31, 2011, seeking validation of the debt you allege is owed by me to your client (see attached copy of return receipt and copy of my previous letter). You have not complied with the provisions of the Fair Debt Collection Practices Act, and as such you are in violation of the Act. I expect you immediately to remove this listing from my credit report with all credit bureaus with which it is reported and to cease all further collection attempts, or I will be forced to file suit against you for violations of FDCPA, section 809(. Further, yesterday I was served with a summons to file a written answer in a lawsuit regarding this un-validated debt you have filed against me in Craig County District Court. Having violated the FDCPA in regards to my request for validation, I am sure you will swiftly move to dismiss your case with prejudice. If you do not do so, I will certainly file said written response at a minimum. You will not win a default judgment in this matter. Filed answer to petition 8/29/2011. Forgot to attach exhibits. Filed Exhibits 8/30/2011. Rec'd notice from court that we were on disposition docket 7/20/2012. I was there; Midland was not. The clerk reported Midland had been there the day before and asked to pass it to January. I said that I had filed a motion to dismiss (which I had included in my answer because the debt had not been timely validated). Clerk said they didn't have a motion to dismiss. Judge said call his office the following day. Followed up and clerk said they needed a separate motion to dismiss. I haven't gotten around to filing motion to dismiss yet, and I received Requests for Admissions, Interrogatories, and Production of Documents. It came first class rather than certified, so I didn't notice it until a couple days ago. The envelope is dated Oct. 8, so I only have a few days to answer. Any and all help is appreciated. I'll provide whatever info is needed. Thanks in advance.
  15. 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.) Daniel N Gordon, PC 3. How much are you being sued for? $1,200 4. Who is the original creditor? (if not the Plaintiff) Citibank (South Dakota), NAlThe Home Depot 5. How do you know you are being sued? (You were served, right?) yes, served 6. How were you served? (Mail, In person, Notice on door) certified mail labeled as a parcel 7. Was the service legal as required by your state? yes,though I wasn't aware you could be served by mail until now 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had never written or spoken to them 9. What state and county do you live in? State of Oregon, Clackamas County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) September 2010 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). Suit served preparing to answer complaint 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? Need to file answer by end of week as leaving state for 15 days Plaintiff alleges: BREACH OF CONTRACT 1. Plaintiff for good and valuable consideration has purchased Defendant's Citibank (South Dakota), N,AIrhe Home Depot charge account and contract. 2. Defendant, an individual residing in Clackamas County Oregon, entered into a contract with Citibank (South Dakota), N,AIrhe Home Depot for a charge account. The charge account was issued under the account number ************ 3. Citibank (South Dakota), NAlThe Home Depot performed its obligations under the terms of the contract and supplied the Defendant with a charge account, and thereafter Defendant used the charge account and became indebted thereunder. 4. Defendant has failed and refused in the obligation under the terms of the contract by discontinuing payment. The Defendant's charge account was charged off for delinquency on ------ 5. Defendant is indebted to Plaintiff in the sum of $1,2**.** which includes principal and interest, plus interest at the rate of 9% per annum from ------- until paid. Plaintiff is also entitled to actual costs, with interest thereon at the rate of 9% per annum from the date of judgment until paid. 6. The Court should authorize Plaintiff and its attorneys to contact third persons and entities for the purpose of collecting its judgment entered in this court. The Court should also authorize Plaintiff and its attorneys to reveal the existence of Defendant's debt to such third persons and entities. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. The sum of $1,2**.**, which includes principal and interest, plus interest at the rate of 9% per annum from ------ until paid; 2. Plaintiff's costs and disbursements incurred herein, with interest thereon at the rate of 9% per annum from the date of judgment until paid; 3. Authorize 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 . 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Read
  16. Being sued in Pennsylvania by Midland Funding (assignment of account from Chase). Have initial hearing on Tuesday in small claims court. Initial Statement of Claim has one bill from Chase and Verification from Midland employee from Minnesota. I have newspaper article showing Midland currently being sued by the attorney general of Minnesota for robo-signing of these verifications. Midland's attorneys dumped a bunch of documents on my doorstep Friday. Chase statements with post-dated Affidavit of Sale. Affidavit of Sale from Chase employee refers to "pool of charged-off accounts." No listing of individual accounts. I'm hoping to argue as to Midland's "right to sue" since none of the documents show actual proof of the assignment. Anyone have experience in this? All replies welcome. Thanks in advance.
  17. My boyfriend and I both currently have items in collections with Midland funding however I have not checked out mine but as for his I have.. My boyfriend has an account with midland funding, I called them requested that they tell me who the original debtor was, they willingly gave me their contact information. I called them and asked them about the account, They had no known knowledge of him ever having an account with them. I called midland back and asked them if they had anyone else they gave me another collection agencies name and phone number I called them and them as well had no known knowledge of him having anything in collection with them or an account. I called Midland back and asked to speak to someone about this issue because the debt is 2,000 and I am just not forking that amount of money out to just anyone. They sent me to three or four different people whom claimed to be the manager and I got no where with them, one even got hostile and asked me if i though he pulled this debt out of his a$$. I than called Transunion and explained to them of the situation and they deleted this debt immediately, I have been busy with daily life so yesterday after receiving a nasty phone call from another person from their company I called Equifax and explained to them what was taking place they informed me that I can not dispute this because it is a valid debt... This debt is from 2005 and the original balance was $850 is what the credit report says but they are waiting $1800... UGH I am so frustrated with these people what do I do... I have seen so many posts about them someone help
  18. I've (actually handed to my son) been served (July 27th after 9pm) by an attorney for Midland Funding and must file written appearance, pay fees and answer the complaint Aug 2nd at 9:30am. The Affidavit in Support signed by Shannon McClellan at MCM, LLC. I have never heard of them prior to being served. OMG I am overwhelmed and scared to death. Help me Please!!
  19. LOVE this site thus far. You are all giving amazing advice and I'd like to thank everyone in advance for their advice. At the bottom are my questions. Today I was served with a summons for a suit by Midland 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.) David B Snyder and Stelios B Harris 3. How much are you being sued for? ~4K 4. Who is the original creditor? (if not the Plaintiff) Chase Card Services 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person today 7. Was the service legal as required by your state? Yes (as far as I know) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have tried to contact me but I can't swear to it. (I can't remember)/B] 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx 3-3.5 years 11. What is the SOL on the debt? I think 4 years per California law. 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'm going to prep my answer with the advice I get here. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now -it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days from today per my summons Complaints for: 1) Accounts stated Nothing attached 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No exhibits attached. Only see the XXXXXX out Chase account number and amount owed listed in the suit. No attached papers other than Reduced Fees Filing, Declaration of Venue and Legal Facts pamphlet My questions are: 1) I saw something on here by legaleagle about Chase having a SOL of 3yrs, is that an internal SOL?? They are allowed 4yrs per Cali law right? 2) So I'm going to file my answer and fight this. Midland is not the original CA and I don't agree that these guys are trying to make a buck off us. So to start should I file a general denial or break it down??
  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.) Jerold Kaplan Law 3. How much are you being sued for? Principle just under $4000 and attorney fees of a little over $1000 4. Who is the original creditor? (if not the Plaintiff) Allegedly Chase 5. How do you know you are being sued? (You were served, right?) Complaint taped to front door, I went online and it appeared to have been granted to allow for special service. 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Most likely, I don't pretend to ingest and understand the legalese of the rules. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I hijacked your answer Beergoggles because I'm the same way. "none, they might have called but I do not answer restricted or unavailable numbers, I do not open any mail that only shows a return address and no company name those go right into the shredder" 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served Answered on the last allowable day of 20(day 20 landed on Sunday) Received a letter from the court with a court date 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a Affidavit and cc agreement I've been reading all of the threads, and of course I'm going to sound exactly like everyone else, I'm overwhelmed, and as a result "brain blocked". I am in no way savvy in the legal field and have learned the little that I know from reading here. I have other LS's that I will probably need help on those as well as one is with an OC(I'll start a different thread on that one). Here's where I am confused. I filed my answer(denied everything, except of course my name) on the last allowable day and sent a copy to MIDLAND/KAPLAN CMCRR, received the confirmation of receipt, received a letter from the court with a court date(sometime in OCT). Breathe, all is good, keep reading here about filing disclosure with court by form(will do on Monday) precluding vs striking affidavit, and sending request for documents, ya, feeling pretty good, I'm going to do that this weekend. Then BOOM, I get a notice from MIDLAND, an APPLICATION and AFFIDAVITT of DEFAULT and attached to that is a NOTICE of INTENT to SEEK ENTRY OF DEFAULT and an ENTRY OF DEFAULT. All except the ENTRY OF DEFAULT are dated June 6th, I received June 16th, does not appear to be certified and I didn't have to sign for it, it also does not appear to have been acknowledged by the court, I don't see any court stamps on it or anything and it says I have 15 days from the mailing date to answer(on the NOTICE OF INTENT TO SEEK ENTRY OF DEFAULT) and 10 days to plead on the ENTRY OF DEFAULT(which seems to be a fill in the blanks for dates and signature of whoever this is, and the blanks are not filled in). They're saying I "failed to plead or otherwise defend" . This is good for a chuckle, they say they are the "plaintiff or the plantiff's attorney" they also say that a copy has been mailed to me, while in the same sentence saying that my whereabouts are unknown to them. HUH? How did I get this if you don't know where I am? I was served on the 14th of May(Monday), day 20 landed on June 3rd (Sunday) Answer filed Monday June 4th (Rule 6(a). Computation In computing any period of time specified or allowed by these rules, by any local rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. When the period of time specified or allowed, exclusive of any additional time allowed under subdivision (e) of this rule, is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When the period of time is 11 days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. Anyhow, I didn't see where anyone in the other threads mentioned receiving this. Beergoggles and I seem to have everything the same until I got this, I don't remember this one being mentioned. Maybe I missed something in the reading(hard to keep everything straight and run a household and work full-time). I'm trying real hard to edumacate myself with the help of this forum, but I'm not certain anymore what my next step should be. Anyone want to help me on this one? Do I still go do the disclosure form next? Do I still motion to preclude the affidavit in the original complaint? Oh, and request for documents, should I still get those out? Beergoggles, I'd like to use the motion you wrote to preclude(if in fact I should still go this route), I found your post on it, but I have some questions that I will compile in another post once someone answers this one to guide me on what to do next. Thanks everyone for all of the information I've learned up to now, you all have helped each other and some you don't even know of yet, I'm one of them(until now).
  21. 1. Who is the named plaintiff in the suit? Midland funding LLC doing business in Ohio as Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Javitch, Block & Rathbone, LLC 3. How much are you being sued for? 1400 4. Who is the original creditor? (if not the Plaintiff) Dell Financial services llc (webbank) 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) Mail. Wife signed for it. 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? Maybe received a letter from them many months ago. no direct communication with them. 9. What state and county do you live in? Ohio, Wood 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) June 6th,2010 11. What is the SOL on the debt? July 6th,2013 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). .COMPLAINT FILED,SUMMONS & COMPLAINT ISSUED CERTIFIED MAIL .CERT REC'D BY DEF 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 28 days for answer. Charges: 1. Plaintiff acquired, for valuable consideration, all right, title and interest in and to the claim set forth below originally owed by defendant(s) to -webbank- as a result of the assignment, plaintiff became, and now is, the owner of account number XXXXXXXXLast4. 2. There is due the plaintiff from the defendant(s) upon an assigned debt, the sum of $1,4XX.XX, that sum being the balance due on Defendant(s) account. 3. Attached hereto as exhibit "A" an account record listing the purchases,payments,and amount outstanding on said account. additional information concerning this obligation is set forth in the attached notice. 4. Plaintiff notified Defendant(s) of the assignment and demanded that defendant(s) pay the balance due on the account, but no part of the forgoing balance has been paid. $1,4XX.XX with interest at the statutory rate of 3.oo% per annum from date of judgement, and costs of this action. 5. Defendant(s) is/are in default of this repayment obligation.WHEREFORE, the plaintiffs pray for a judgment against the Defendant(s), in the amount of 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a notice of additional obligation information. contains my name, address, original creditor name, last 4 of account, amount due at charge off, statute of limitation date, date of chargeoff and last payment, and other misc stuff. attached is also what appears to be a printed statement from dell financial llc with an account #, previous address, last balance, and list of items purchased on account, and all other activity. also appears to have phone num, and a ssn that has been blacked out with marker.
  22. So I know I have found a ton of docs online with very different signatures for the following: Nancy Kohls Ashley Lashinski Judy Richter (been deposed and admitted to signing 400-1000 per day) I think a great tool would be for all the users to start threads of these people and upload pdf's of the affidavit of debts and match signatures. My guess is not only will this call the affidavit itself into question, but it will actually provide and instance of FDCPA violations. Interested in what the "smart guys" on the site think. about signature mismatches though. I just got one for Tanya Johnson and checking the court sites now for sig mismatches.
  23. So i followed every ounce of advice, found killer case law and still the judge awarded MSJ for Midland. I even counterclaimed with mismatched forged signatures they had put submitted. Should I lawyer up and appeal or just take it in the rear? OC: Citibank amt 6972.00 incl lawyers fees state UT
  24. I am being sued by Midland Mortgage. This is my second 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. They also included an affidavit from a Legal Spe******t employed by them claiming to have knowledge of how Midland practices and records. My question is now what?? I was thinking of filing the motion below tomorrow so that I can get something in front of the judge and would love thoughts or suggestions on my next move. I feel like I tried to do everything right and I am still going to lose and they have no proof this is my debt. So thoughts on a couple of things... I was thinking of filing a Motion to Deny Default Judgment and request a hearing based on I did answer every allegation and claim Midland has made and I have defended every claim. My thoughts are this is something I can put together quickly while I research the arbitration and other alternatives. Here is the wording I used for the motion: MOTION TO DENY DEFAULT JUDGMENT Comes now the Defendant, and files this Motion to Deny Default Judgment 1. Plaintiff has requested a default judgment based on the argument that Defendant has failed to “file an answer or defend complaint filed by Plaintiff. Defendant has filed and defended each claim made by the plaintiff. Attached is the Request for Definitive Statement. Every point made by Plaintiff is addressed and answered as a denial or a request for more information. The Motion was denied but Defendant has still answered the allegations and has every intention of continuing to defend all further claims. 2. Defendant is respectively requesting the Motion for Default Judgment be denied and a hearing granted where witnesses can be cross examined. See Midland Funding v. Brent, 644 F. Supp. 2d 961 (ND Ohio 2009) Midland Funding has been sued in a class action law suit for filing false affidavits. Defendant would like the opportunity to cross examine Susan Rasmussen to ascertain her knowledge of alleged debt and Defendants responsibility to this debt. (See Attachment A) 3. Defendant continues to deny the validity of this debt and is still requesting additional proof of this debt. 4. Baring further documentation the Plaintiff’s sole proof of debt is only the statement generated by Midland only and is not sufficient to satisfy the compliance of Rule 10(D) of the Ohio Rules of Civil Procedure. WHEREFORE, Defendant, me, respectfully submits that the Court should grant the defendant’s Motion to Deny Default Judgment, filed herein by Midland Funding, LLC. Or what should I do? And welcome any items I should add to this filing. Thank you guys!!
  25. Hello, I posted in a different section but hopefully I can get help here also. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC DBA IN NY AS MIDLAND FUNDING OF DELAWARE LLC 2. What is the name of the law firm handling the suit? Forster and Garbus 3. How much are you being sued for? $7XXX.XX 4. Who is the original creditor? CHASE BANK USA, N.A 5. How do you know you are being sued? Judgement 6. How were you served? Received NOTHING. No summons/mail 7. Was the service legal as required by your state? Not to my understanding 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? NEW YORK, KINGS COUNTY 10. When is the last time you paid on this account? 2007. Charged- off 11. What is the SOL on the debt? DONT KNOW 12. What is the status of your case? I filed a motion to vacate judgement on the grounds of improper service 13. Have you disputed the debt with the credit bureaus / Yes 14. Did you request debt validation before the suit was filed? NO. 15. How long do you have to respond to the suit? Judgement was in 2010 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1) An Affidavit with a false description of a male served. There was no male fitting that description or any male, for that matter, residing in my home during that year. 2) A letter from a legal spe******t (Carina Bowman) stating familiarity with the alleged account bearing my name with the account number, card number, opening and closing dates which was notarized. 4) A witness letter stating they saw the notarizing of the legal's statement , it was dated a few days later. 3) A letter claiming the summons was mailed and not returned. I am doing research and I find that Forster and Garbus has been known to falsify affidavits and the one in my file fits the bill. Also, I found that a judge in Richmond County ruled Midland misleading for bringing suits under both the above mentioned names. The attorney was on some of the pages though so I don't know if that counts. My Chase agreement was in 2005 which is before the removal of arbitration ( not sure what this means). I was given some helpful links by other users which suggests I have my rights still to since I was never served or received a copy. My argument is I did not get proper service. My defense is I do not owe them money as I have never done business with these people or had an agreement with them. I filed a motion to "show cause" and I have a trial date to have the judgement vacated. I want to know if I can bring up "lack of standing" as part of my defense or did I need to put it in my motion in addition to my listed responses? Help is appreciated! I just want to get this vacated and have my day in court to fight them.