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Found 837 results

  1. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks case-broward-county-fl.pdf
  2. I need to file an answer to the complaint Midland Funding has filed against me in civil court at the JP in Travis County to recover money from an old credit card that I received in or around 2010. I need some assistance on how to answer.
  3. Good morning! This is my first post here. My husband is being sued by Midland Funding here in South Carolina and we're moving into the mediation phase. I'd like any advice on how (if it's possible) to beat these vultures here in South Carolina. I will provide any information needed. I have read through a couple of threads and understand that use BV80 is the resident SC expert. Any and all help is appreciated!
  4. I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
  5. I've also been sued in AZ by Midland Funding for a personal line of credit for health care services. They filed a Notice of Service of Disclosure Statement on July 22th but I didn't do anything with it upon receipt as I wasn't sure what to do. Then I had a mediation hearing today but did not enter into any agreement because I recalled that there was a CFPB ruling against them about 2 years ago and I didn't know the details of it. I just found it here and wanting to know if there's any recommendation as to how I should proceed from this point. They've also filed for a Summary Judgement which I have until August 10th to respond to. Furthermore, I'd like to know which category of the SOL this line of credit falls under in AZ. Is it an open end account subject to 3 years SOL or is it considered a credit card subject to 6 years SOL. When you opened the credit account were you 1.) given a credit card, 2.) given a loan for a fixed amount that was required to be repaid within a specified amount of time, or 3.) given an account where you would make charges up to a specified limit and then required to make monthly payments to pay down the balance? 1. ) I was given a credit card that could only be used for medical services with participating service providers. 2. ) I was given a revolving line of credit up to $2,500 3. ) I was required to make monthly payments after a "no interest- no payment" period. How to upload the complaint and motion for summary judgement? . #1 will most likely be viewed as a credit card subject to a 6 year SOL. #2 will most likely be treated as a written agreement, also subject to a 6-year SOL. #3 could be an "open" account subject to a 3-year SOL but could also be a written agreement depending on the details of the contract and how the complaint is plead. If you can, please post the complaint and motion for summary judgment with your personal info redacted. That will help us know how Midland intends to prosecute this lawsuit.
  6. I am currently being sued by MF in Delaware for $750. I answered their complaint and then soon after the sent me their interrogatories and also filed for summary judgment prior to the trial date. I did answer the interrogatories and I also showed up in court to contest the summary judgement. I also sent them my own interrogatories along with a request for production of documents. The lawyer for Midland withdrew his summary judgment since obviously I showed up in court and he did not have enough evidence to go forth with it. He was basically fumbling around and a nervous wreck and was asking the judge if he could get a witness to testify via video and also asked if we could push back the trial date, which was only about 3 weeks away. The judge asked me how I felt about pushing the trial date back and I said no. The judge said he felt that the lawyer only wanted to delay at the convenience of the witness and wouldn't grant his request. Meanwhile, the lawyer for MF still needed to get my interrogatories back to me, which he did, except he was late in sending them. He was supposed to have them to me 10 days before trial and I only just received them 5 days before trial. Also out of 20 interrogatories, 14 of them were objected to and number 20 was never answered at all and almost every question on the POD was objected to. Then they just attached the same old generic bill of sale and another document that has every piece of information blacked out or redacted. Also the judge had told them that if they want a witness to testify through video, that the would need to request it and I had the option to object. The judge told me it would be to my benefit but I disagree. I don't think they would risk trying to being someone in to testify in person for a $750 debt. If anyone could give me any info especially pertaining to Delaware laws that would help me in my case I would appreciate it. My trial date is the end of this week.
  7. Hi there, wondering if anyone has any advice. I was served with what appeared to be legal papers in July 2015 from Messerli & Kramer, PA in Minneapolis regarding a debt ($1500) that Midland Funding bought. In Minnesota, the case does not have to be filed with the court in order for someone to be served with papers. My case at the time had not yet been filed. I did my homework and responded with an answer and sent it to Messerli within the 30 day time frame. I admitted to nothing other than having had an account with the bank they mentioned. I never admitted to which account that might have been or anything like that. I figured that like most cases, they have no real evidence of anything. They sent more legal papers back to me with a settlement offer of $1400. I am a stay-at-home mom with $100, 000 in student loan debt. I have nothing. No assets other than my car and a bank account that is constantly in the negative. I have nothing they can take. I also don't have $1,400 to settle or money for a lawyer. I am going it alone with sheer will and determination. They said that I needed to accept the offer or go to court. If i was to decline their offer, they advised me to call them to start the discovery process or to mail them a letter stating when they could call me to start the discovery process. I sent them a simple letter stating that I could not accept the settlement offer at this time (who knows how much evidence if any, they even have!) and that they could reach me the following Friday between 8-4P at such and such phone number. They never called and I haven't received anything since. It has been well over a month. Should I call them? Or serve them with discovery myself? How do I find out if my case has been filed in court in my county? I can't file my answer or anything else with the court until it is, right? Any help is greatly appreciated!! Hilary
  8. I'd like to find a way to discourage Midland from filing a lawsuit against me for a JC Penney account they claim they now own. From what I understand, JC Penney cards are issued by GE Money Bank, and that GE Money Bank's agreements operate under the laws of Utah. Unless a change in the account's ownership changes this, this would mean there is a 6-year Statute of Limitations which won't expire until next year. Midland recently sent me a settlement offer that I wanted to respond to in a way that may prevent them from proceeding with a lawsuit. If I sent a letter to Midland that conveys the fact that i would file a general denial, proceed with a Request for Production, and defend myself at trial, I thought this may be enough to discourage them from filing a lawsuit against me. Am I underestimating them?
  9. So, I currently have a thread for a summons I received from midland on a BOA card I had. Today I was served by midland once again for a citi bank card I had. I know it probably wouldn't matter considering midland has all my information on where I live now, however, would it have made any difference if I just didn't answer the door? 1. Who is the named plaintiff in the suit? Midlund Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) a midland law firm. 3. How much are you being sued for? $2,388 4. Who is the original creditor? (if not the Plaintiff) CitiBank 5. How do you know you are being sued? (You were served, right?) My Brother accepted papers. 6. How were you served? (Mail, In person, Notice on door) In person, to my brother, for me . 7. Was the service legal as required by your state? I'm not sure 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? Arizona, Pima county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 31, 2009 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). I've just been served at this point and nothing else. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, we got in spot where we couldn't pay and have never heard anything from CitiBank 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. As for the midland boa summons, I elected arbitration with attorney, filed my answer which requested arbitration, and filed MTD/MTC. Should I do the same for the citibank. Thanks so much for all your help, this time when I was served I wasn't as nervous because I have people like you willing to help and I have learned so much already. Thanks
  10. Hello everyone, so this morning my bother who is living with me accepted a Summons to appear in Civil Court regarding a Suit by Midland Funding LLC. They are stating that the debt is with FIA Card Services, which I never heard about, until I did some research and found out they are tied to BOA. I live in Tucson AZ, and from the research I did I do believe they are within the SOL. The account was 180 delinquent and closed May 2010 and the SOL here in AZ is 6 years I believe. They are saying I owe $7,370 and do not explain anything about interest or other fees. I am being sued on two accounts - 1. Breach of Contract and 2. Account Stated. They say I have 20 days to respond with an answer, and they did not include any evidence to this debt being mine. From my own research i do believe it derives from the BOA credit card I had. My husband I used that card to help pay for our wedding, and then my husband got out of the military during the Gov Job hold and we couldn't find a job. The card was then used to pay utility bills and food and we got in a spot where we had to let the card go. I'm now a stay at home mom with a 2 year old and have enough craziness in my life before this came. My husband and I were on a road to credit repair and now I was served with this summons. I have read a few posts in this forum, however, just seem a little bit lost and overwhelmed. We don't have the kind of funds to pay $7,370 and don't want to file a BK considering we have been working on improving our scores. Any help would be much appreciated. I see people answering these questions so thought I would do the same. 1. Who is the named plaintiff in the suit? Midlund Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law firm out of scottsdale 3. How much are you being sued for? $7,370 4. Who is the original creditor? (if not the Plaintiff) Fia Card Services - formally BOA 5. How do you know you are being sued? (You were served, right?) My brother accepted these papers at the door. 6. How were you served? (Mail, In person, Notice on door) In person, to my brother, for me . 7. Was the service legal as required by your state? I'm not sure 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? Arizona, Pima county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2009 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). I've just been served at this point and nothing else. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, we got in spot where we couldn't pay and have never heard anything from BOA or Fia Card Services 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. - There is nothing. No affidavit, no contract, nothing. Any words of advice would be great. I contacted my sisters BK attorney who was of no help, he just stated that I should call and try to settle, or file BK. Thank you so much for taking the time and reading this post.
  11. Hello all... I've been lurking around here for a few weeks now - and have been met with mounds of helpful information, so thanks so much for that! My hubby is being sued by Midland Funding LLC by its servicing agent Midland Credit Management, and Kohn in their lawyers here in WI. Per what we read here, he denied all allegations against him and was the only defendant that day to actually show up and deny all charges. The lawyer who showed up acted like they didn't receive my husband's answer (which isn't required in our county, but I advised him to file one anyway after reading all the info here) - and my hubby produced a signed return receipt. The lawyer fumbled a bit, and basically a court date was set for next month. Now to today... my husband received a letter from Kohn, which has an affidavit of mailing and the Plaintiff's first set of requests for admission, interrogatories and requests for production of documents. Here is my question (and excuse me if I sound naïve, LOL) - These forms don't look like they were filed in court, seeing as there isn't a court seal/stamp. It does look like a legal filing, but it's not stamped like the summons or the response. It's signed by a tamp by a lawyer at Kohn Law Firm, and they provided a photocopy of "exhibit A" which is one credit statement from OC from a random date, and a statement showing the charge off. How do we go about answering this? Do we file our response with our court? And, do we file our request for documentation through the court and send it back to them? So much to do, but I want to absolutely make sure we do this right. Thanks so much!!
  12. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!
  13. Hello! I am trying to rebuild my credit, with a score of 626 and only one active CC and another not in use but paid off. I've had this account in collections since 2009, began as $800 amount from Bank Of America (bought from Santander). Since 2011 I have not made payments to the account and it has changed collection agency multiple times and increased to $1080. I have not had any contact with the current agency in over three years and when I check my report the date of the account being "opened" has now changed to 2013. My question is: is there a statue of limitations on collection agencies collecting money in RHODE ISLAND and if this changing date is normal? It keeps showing up in my CR, I noticed last summer it showed up from two separate collection agencies at one point. Any help + advice is greatly appreciated!
  14. Hello, I am being sued by Midland Funding original creditor Citibank(Home Depot). I must answer by 5/28/15. I am very willing to fight this to the end, but the amount of evidence/account information included is slightly intimidating. I have reviewed a lot of information on here, but have not been able to find a case with as much up front documentation as I have been provided. I will post all of my documents recieved in the following post. Please give any feedback possible. Thank you for your time.
  15. Here we go. Today I had my Notice of Appeal served on plaintiff and filed with the court. I thought I would start this thread to help other california appellants (as well as gather advice for myself). My thread Motion to Compel Granted details further into the case and the trial itself, but here's a little background: I was sued by midland funding llc in california about a year and a half ago. The cause of action was account stated, for a chase credit card allegedly defaulted on and sold a year or so before lawsuit. I filed/had friend serve a general denial, along with a POS, as the complaint was not verified, and was a limited civil complaint. I entered one affirmative defense, offering that plaintiff lacked legal capacity (standing) to sue. I beat midland to the discovery punch and filed a Request for Production of Documents. They fumbled the response, and missed the deadline. I sent a few meet and confer letters before filing a motion to compel further documents. I won the motion, plaintiff stumbled to comply. I sent more meet and confers, then another motion for compliance and terminating sanctions. Judge granted order to produce forward flow, but denied terminating sanctions. Different lawyer (not rent a lawyer) began handling case for plaintiff. Plaintiff failed to produce forward flow. Come trial month, I sent a CCP96 request. Plaintiff responded, listing a witness "PErson most KNowledgable". I filed MIL and declaration in support based on non-compliance with ccp96 (witnesses must be listed by name and address). Plaintiff sent a second CCP96 statement (not permittedby code) listing witness by name and address. I filed a Motion in Limine and Trial Brief objecting to the entrance of the witness under ccp97. At trial, judge denied my MIL. Plaintiff showed up with witness. Plaintiff called witness, I objected citing CCP 96/97. Overruled. Witness testfied that she had personal knowledge of my alleged account, even citing the balance to the penny off the top of her head. I cross examined witness thoroughly, demonstrating that she had no personal knowledge of chase business records,and hence could not authenticate records coming from chase under the business records exemption to hearsay. Judge overruled my motion to strike witness, allowed witness to authenticate bill of sale, ect. I objected to each peice of evidence as it was introduced, leading down my list of objections, code and case law. Each objection overruled. Plaintiff put me on stand, got chase statements admitted based on 3 address matches that I lived at/statements were sent to. Plaintiff moved for judgement, and won. Before proceeding with the appeal information, I thought I would mention what I would do differently if I could: 1) send Request for Admissions. If plaintiff had failed to meet deadline on this along with/instead of RFP, I could have perhaps won that way. 2) Perhaps not file second motion for compliance. Asking for sanctions and attempting to hammer plaintiff seemed to have alerted them, and they switched a more competent lawyer onto the case. I bad mouthed plaintiff a bit in the motion, basically calling them incompetent buffoons. 3) Maybe not file any motions at all. I think if i would have let them slide and disappeared until trial, I could have ambushed them. They probably would have just went the same old CCP98 route, which seems a lot easier to beat given Target v Rocha. 4) OR maybe pursue motions further. Asked judge to push trial back, tried to really push the issue on the forward flow. 5) GET A COURT REPORTER. This would have possibly shown judge that I meant business, maybe swaying judge to rule more fairly and to the letter of the law. Also, it would have aided in preserving a better record on appeal. Now on to the appeal...
  16. In 2013 My husband and I went through some major problems, these problem forced us to separate. Up until this time he had never paid a bill ever. When he moved out he contacted his CC company's and changed the mailing address. After a few months he moved back home but never called and changed the address back, just assumed I picked up where it left off. Fast forward to April 20 2015, he received a Notice of Summons, and I now need to file an answer, I have read alot on here but I am getting overwhelmed, b/c ever situation is slightly different. Neither one of use can recall having knowledge of ever paying "Capital One" we always paid HSBC Bank. We never had Capital One cards, or received a statement from Capital One. And we didn't receive anything from any Credit Card Company, Midland Credit Management or Midland Funding at our current home address after 4/2013, it wasn't until I pulled his credit in April 2015 that we started to receive debt collection. Since the summons we continue to receive letters from Hanna & Associates trying to settle what they filed judgment on. Here are the answers to the questions I have found around the forum 1. Who is the named plaintiff in the suit? Midland Funding LLC, Assignee of Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? Frederick J. Hanna & Assoc 3. How much are you being sued for? $1690.30 plus court cost $98.00 4. Who is the original creditor? On complaint it reads “Original Creditor identified as credit card account number ************3838 5. How do you know you are being sued? Served by County Sheriff 6. How were you served? Notice on door, then had to go to Sheriff Office 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? Nothing 9. What state and county do you live in? Bartow GA 10. When is the last time you paid on this account? July 2013 to HSBC Bank (not Capital One) 11. What is the SOL on the debt? Don’t know 12. What is the status of your case? Claim filed asking for judgment 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 Never received anything to begin with 15. How long do you have to respond to the suit? 30 days (4/20/15). 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? Claims (1) Claims current address (2) Indebted to Plaintiff in the amount of $1690.30 as principal. (3) Entered into Credit card agreement w/Original Creditor identified as c.c accnt #. Defendant rcvd & used the CC at issue in this action.(4) Breached the CC agreement by failing to pay (5) All rights & title to Defendants CC agreement were legally assigned to Plaintiff in writing.(6) Defendant is liable to Plaintiff for the amount.(7) Despite demand by Plaintiff, defendant failed to pay amnt due on CC Account. I did not receive any questions, only summons, complaint, proof they verified not on active duty, & couple exhibits. 16. What evidence did they send with the summons? Exhibits A-D, (A) copy of a pre legal reminder, supposedly sent By Midland Credit Management, dated 10/17/2014 ( Forward Flow(although it actually reads “Redacted”) Receivable Sale Agreement, Bill of Sale from Capital One to Midland Funding LLC © a generic untitled paper that has 2 columns, “field” & “field data” containing basic information (name, address, phone#, open date, blk date, LPA, LPD, sale amount & CH! DOB is completely marked out, acctnum has last 4 of an acct #. Bottom of the page reads “ Date printed by Midland Credit Management, Inc. from electronic records provided by Capital One Bank, (USA), NTL ASSOCIATION PURSUANT TO THE BILL OF SALE/ASSIGNMENT OF ACCOUNT TRANSFERRED ON OR ABOUT 2/13/14 IN CONNECTION WITH THE SALE OF ACCOUNT FROM CAPITAL ONE BANK TO MIDLAND FUNDING, LLC (D) An Affidavit from Legal Specialist for MCM, testifying on the method by which MCM creates and maintains it’s business records. (Not how Midland creates or maintains, but MCM, and Midland claims to have no employees, so I’m not sure how this evidence is justifiable.)
  17. I was served yesterday by Midland Funding. I was obviously terrified but I was not shocked since I have been struggling financially ever since I was laid off in 2012. However hafter googleing how to beat a debt collector in court and finding this website I felt so much hope. I am truly greatful for any help I may received on this thread. THank you in advance. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law freaotice on door) In person, my father accepted the documents 7. Was the service legal as required by your state? Yes although I believe they are still required to mail me a copy? If that is so do I go by the date personally served or the date mailed to me? 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? California, Los Angeles County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the complaint August 2012 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 01/13/2015 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY DANIEL P RAMIREZ, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING ON 02/14/18 AT 08:30A M., IN DEPT. SEY . CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. 01/09/2015 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN NOR455965017. 01/09/2015 SUMMONS ISSUED. 01/09/2015 SUMMONS FILED. 01/09/2015 DECLARATION UNDER BUSINESS AND PROFESSIONS CODE 6322.1 FILED 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 according to Summons. However, I have a court date apparently issued for 02/14/2018 re: OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT I thought the default judgment was requested after I failed to respond? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A one page Bill of Sale with attachment of electronic records which include amount due, charge off date, my name, address and last payment amount and date. Exhibit B is their first letter to me saying how amazing they are and how much they would love to help me Exhibit C an August 2012 statement from Sears, i.e, Citibank Exhibit D a May 2013 statement from Sears Exhbit E a letter from Midland dated July 2014 stating they were sending my account to the legal department It seems the only evidence they attached are the exhibits everything in my packet was as follows: Summons Complaint including exhibits Civil Case Cover Sheet and CCCS Addendum Declaration of Reduced Filing Fees
  18. http://www.nationofchange.org/2015/04/10/debt-collectors-or-pick-pockets/ Notably from this article New York Attorney General Eric Schneiderman found that the San Diego-based firm filed nearly 240,000 lawsuits against debtors in a recent four-year period, using our courts as its private collection arm.
  19. I beat Midland (Greene & Cooper) in bench trial today. The lawyer came unprepared for bench trial..he thought he was there for summary judgement. He asked the judge a few times for a few minutes to review the files. He called me to take the stand. and proceeded to ask me questions about purchases in the statments that he had. I answered not that I recall to every question he asked. In the end he asked to have the case dismissed without prejudice. I am not concerned as the sol has since passed and they cannot file on this account again. I was prepared to object to every piece of evidence they had in the claim and in discovery. This case has been long and alot of work. Thank goodness it is finally over! Thank you everyone that has answered questions, posted helpful information and helped me to win this case, I appreciate this site more than I can say. I am doing a happy dance!!!!
  20. Hi I was hopeing i could get some help on drafting an answer for this. My mom is being sued in margistrate court of fulton county by midland funding. She is retired and her only income is social security payments and a small retirment pension. She also has a car from 2004. I know social security is collection proof and Ive heard that georgia has protection for assets up to 5,000. Is this true? 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.) Green & Cooper, LLP. 3. How much are you being sued for? 1,743 4. Who is the original creditor? ( if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 14 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? GA, Fulton 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 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). Statement of claim served Mar 14. I have not filed my answer 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? 30 Days 1. Defendant resides in fulton county and is subject to the jurisdiction of this court 2. Defendent is indebted to plaintiff in the sums of 1,743, principal and 84.00 costs to date as follows. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale Closing statement Field data page Affidavit of emily persons from midland credit management
  21. After spending countless hours researching these forums, and hundreds of dollars for a ghost written response to the plaintiff's claim, the judge granted the motion for summary judgement at the hearing in favor of the plaintiff. I am still not certain what I did wrong, but my well crafted answers to the complaint were not even considered because I did not have an affidavit to support them. Entire hearing was over in 4 minutes. I clearly thought I was prepared to argue standing in court, but was not. Can anyone tell me exactly what I type of affidavit I needed in addition to my response that would have resulted in either a denial or at best in my favor? Hopefully it will help others going through this. Thanks.
  22. Hi forum, after some research this seems to be the best place I can find to ask for some guidance from others who have been in similar situations. Firstly I reside in Louisiana and have so for all my life. This morning my husband received a knock at the door, upon peering out the window he saw a sheriffs deputy holding some paperwork. I should also mention that our american bulldog (who is a big baby) barks quite ferrociously when our door is rapped upon. My husband called through the door and asked what the deputy needed. He said he had paper work for Me (Said My Name). My husband informed the deputy that I was at work and asked him to leave the papers outside the door. The deputy replied that he could slide them through a crack in the door, but "please dont let the dog out" (LOL) He slid through the door a citation for me for a "Request for Admission of Fact" from Midland Funding llc. What is odd is that he I think the barking dog made him so nervous that he fogot to sign the papers. The bottom of the citation reads as follows __________________________________________________ SHERIFF'S RETURN LAFAYETTE PARISH SHERIFF DATE SERVED:__________________,20______TIME:_______ SERVED:____________________________________________ PERSONAL( )________________________________________ DOMICILLARY ( ) ON___________________________________ UNABLE TO LOCATE MOVED ( ) NO SUCH ADDRESS ( ) RECEIVED TO LATE FOR SERVICE ( ) SERVICE OF WITHIN PAPERS COSTS FEE $__________ MILEAGE $___________ TOTAL $__________ DEPUTY_______________________________________________ The deputy didnt fill out any of this form. My question is: Is this something that I could potentionally use to my advantage in my dealings with Midland Funding LLC? any ideas or suggestions would be GREATLY appreciated as I have never had to deal with a debt collector in this way. Also, I am in need of guidance on how to deal with a Petition for "Admission of fact" from Midland Funding LLC. I will greatfully provide any information as it pertains to the Petition that is needed to better understand my circumstances. Thank you so much in advance.
  23. Very interesting Midland Funding article http://www.washingtonpost.com/business/economy/taking-on-the-countrys-biggest-debt-buyer/2014/05/09/fbd65a24-a94d-11e3-b61e-8051b8b52d06_story.html
  24. I have learned a lot in two days of browsing and I greatly appreciate all of the information here so far. I have one quick question. Midland Credit Management aka Midland Funding is on my credit with a suppsed debt to a bank. They initially said I owed $5,XXX and every month or so, that amount has increased to over five figures now. Anyway, I called TransUnion about something unrelated and they tell me over the phone that it's actually scheduled for deletion off my credit report NEXT MONTH. Such joy. One report says that the date of first deliquency is April 2008, another October 2008. Should I use this information to remind these two agencies that this needs to come off my report. I am keeping a copy of my report just in case Midland tries to reage the credit or changes the date somehow. Do you think I will be able to get this information from Equifax and/or Experian somehow? Thanks for reading!
  25. For those being sued in Michigan found this article on the Weltman, Weinberg and Reis (attorney for Midland Funding in Michigan) website. Michigan Courts Increase Requirements of Proof in Credit Card CasesMarch 04, 2010 | Jeffrey K. Bearss, Esq. On February 18, 2010, the Michigan Court of Appeals released a decision that will have immediate impact upon our clients, particularly our credit card and debt buyer clients. The case involved increases in certain cases the level of proof necessary to obtain judgment in court. The case is Unifund CCR Partners v. Nishawn Riley, Michigan Court of Appeals Case No. 287599, Decided February 18, 2010. The court did not accept credit card monthly statements, showing payments made on the account, as proof of payments made on the account. The court now requires that in all credit card cases where a signed application is not available, that proof of payment, such as a copy of a payment check made to the credit card, is needed to prove that the debtor agreed to the account by making payments on same. The court is saying that copies of monthly statements showing payments is not sufficient. A copy of a payment check would be required, “as evidence that defendant made the asserted payments.” For our debt buyer clients, there is now an increased level of proof of the assignment. The general contract, or batch assignment agreement, is no longer sufficient. A specific assignment, or affidavit supporting a specific assignment, should be supplied, that refers to the specific account number. Also, the court is requiring proof that the debtor was notified about the assignment. An affidavit from the original creditor regarding the specific assignment should be sufficient. http://www.weltman.com/publications/client-advisories/?i=137&NH