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Found 837 results

  1. 1. Who is suing you? Midland Funding LLC. 2. For how much? Around $1500 plus they want attorney's fees and court costs. 3. Who is the original creditor? Emerge Mastercard 4. How do you know you are being sued? They served me at my home. 5. How were you served? Were you served? Personally at my home by a process server. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? In October of 2007 I retained Lexington Law to help me dispute things on my credit report. Midland Funding was a disputed item. Trans Union sent a new credit report to me stating that this debt had been verified. However, I never received anything in the mail from Midland. With the other disputed creditors, I received something indicating it was either correct and offering me a settlement or a letter saying that it was incorrect, they were sorry and it would be removed. 7. Where do you live? California 8. When is the last time you paid on this account? My last payment to Emerge was around 2001-2002. I initially thought that I had a great case based on the SOL for California but alas... upon receiving the Request for Admissions - I noticed that claimed I made a payment in 2004. The plot thickens. I review my bank records and sure enough I made a payment by phone with Jefferson Capital. What I reecall about all of this is that Jefferson Capital was the first collection agency for Emerge and they offered me a settlement, which I wanted to pay. They were going to send me something in the mail with the terms but I needed to make a payment right then...I did. Of course I never received anything in the mail and beyond this I made no further payments and do not recall any further communications with them. I understand that Midland has the right to sue me since the SOL has not passed (by one month!) but didn't Jefferson do something unethical? 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I answered the summons with affirmative defenses. Then I received a large envelope in the mail with Request for Documentation, Request for Admissions and some lovely Form Interrogatories. I did meet with a local attorney for 30 minutes who said "these people are just being jackasses" and that it would cost me more to hire her than to settle or defend myself!! I am now stuck doing the best I can answering these things and my time is almost up! I am gettting more concerend about my ability to win and paying their attorney's fees. It is very stressful, I can't sleep at night or concentrate at work. I do not understand why they just didn't call me to settle with me. It seems down right retalitory given my dispute to the bureau. Also noteworthy, the info they have on my credit reports is wrong. It says my last payment was in 1/07!!! Isn't that illegal? 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, in October of 2007 and again in January 2008. The bureaus keep saying everything is correct. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, I have only disputed it with the credit bureaus. 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Yes, and I answered within the time allowed. I am now in the interrogatory phase. I will post separately on the questions. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They sent an illegible copy of a contract. I cannot make heads or tails of it, my signature is not on it anywhere and it is a 2005 contract. I opened credit with Emerge back in 1998-1999. 14. What is the SOL on the debt? To find out: 4 years. Any advise is greatly appreciated.
  2. Well...I'd LIKE to sue Midland Funding LLC (aka Midland Credit Mgt) and possibly the CRAs - but I am a little worn out! I live in Missouri...aka the WEAK consumer protection state! The debt under discussion is not mine -- it belongs to another lady (with the same name) that lives in another Missouri County. Information obtained from MY credit report indicates: First North American National placed credit card debt with Midland for collection 06/2005; original amount $2,542 - Balance showing $3,132. (TU) CR shows "Factoring Company Account" "Acct info disputed by consumer". Pay Status Collection Account Account Type Open Account Responsibility Individual Account I have not been able to locate an address or contact information on the OC. This information was already on my credit report when I first checked November 2006. I disputed online with all 3 CRAs in Nov because the file was a mess! Several CRs had been combined...one of the CRA had multiple SSNs listed and there was a comment to "verify all information" -- already on MY report, place 09/06 by someone(?) CRAs had lots of mortgages, car loans, credit cards, revolving accounts -- some good & some bad. I don't have any credit cards --> house and car loan is it...so, man was I surprised! I worked to delete information down to mine...disputing again with the CRAs as the Midland info and her address/employment would not come off my report [Nov (Ex) December (Eq) Jan (TU)] Continued to research - found this site (Thank God!) and sent CMRRR to Midland & 3 CRA on 04/26/07. In response to the CMRRR, Midland garnished my wages; no contact from them ever (still to this day). When I received the writ of sequestration, I spent the weekend finding the case. It was actually already a judgment. Online court records verified the lady signed papers accepting the judgment in 09/06...but then when she defaulted, Midland began looking for their money...[i have never lived in that city but I do have a job!] I wrote to the Circuit Clerk, who spoke to the judge, who sent the E-mail to the local Midland representing-attorney and I hired an attorney. Eventually. the CA-Attey released the garnishment before money was taken. The worst part of the nightmare (if it gets worse) was that the papers served on my Personnel Office at work contained MY SSN! According to the Judge's secretary, this SSN was attached to this case when Midland initially filed the case in court. I believe it was attached by Midland (since logically she would not have accepted judgment on a false SSN) -- and handed over to this lady! I have continued to dispute with the CRAs ... and ... Midland continues to "verify". I sent another CMRRR to Midland on 07/09. Late in July I discovered that a new Credit Card has been issued in "our" name, my SSN and her address. I have FRAUD alerts (posted 07/07/07), have filed complaints with the AG & FTC (twice, once for Midland handing out my SSN & once for the fraudulent Credit Card application), 2 police reports and a sheriff report in her county. My attorney fees will soon be approximately $5,000. So...when asked: What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated... This behavior is so egregious, I dare say....My attorney sent a "demand" letter for $10,000. Finally, we hear from Midland attorney who is interested in discussing settlement. Since I found the fraudulent credit card application, I took the offer off the table. There is no way to retrieve my SSN from this lady! I have demanded that Midland straighten out my CR and get my SSN out of the court case for starters! Not sure where to go from there ....$1,000 under the FDCPA seems an easy out for Midland............how do you convert the hundreds of hours of research ... and worry ... into a damage amount? >>>>Hopefully my FIRST post isn't too long for feedback?<<<
  3. First of all, I'm new here and to these kind of issues, so please forgive my lack of abbreviations and accronyms. We live in Polk County, Florida. My wife answered the door to a Process Server looking for her by her maiden name. She paniced and told them there was no one there by that name. When asked her name she gave them her married name, and they left without serving her. I then went to the Polk County Clerk of Courts web site and verified that there is a case against her filed by a lawyer representing Midland Funding. It is scheduled for 1/18/08. She went to the courthouse the next day and picked of copies of the case documents. They consist of the actual filing papers with a copy of an affidavit signed by a Midland employee. My wife asked the Clerk if, by getting copies of the documents, this constituted being served. The Clerk advised it did not, and that she would still have to be served personally for the case to proceed according to our state/county laws. The affidavit (only evidence exhibit) states that my wife entered into arrangements with Midland and she defaulted on them. She has never, at any time been contacted by, or spoken with anyone from Midland Funding. The suit also states that the original creditor was Aspire. When reviewing her credit report it does show Midland Funding with a $3500.00 balance, by no mention of Aspire. This is where I can use everyone's wonderful advice. Whether she is served or not, we plan to be in the courtroom. I am worried that when her case is called, the lawyer will say she has been served. I was thinking of counter-suing Midland and the Attorney for using the court system for extorsion, given there is no collaborating evidence other than a Midland employee's say so. I'd like to name the Attorney in the suit since he is the one doing the leg work. I have other info I can share, but this post is already too long. If anyone can offer advice, I can answer any additional questions. I have done a ton of research.
  4. Hi All! Thank you so much for such and awesome website. I'm in a bind and need help. I have no idea what to do and I'm terrified. 1. Who is suing you? Mann Bracken/Midland Funding 2. For how much? $803 3. Who is the original creditor? Associates 4. How do you know you are being sued? I was told that my case would be sent to litigation within 7 days 5. How were you served? Were you served? I have not been served, but threatened to be served at work 6. What was your correspondence (if any) with the people suing you before you think you were being sued? - 9/18 - agreed I'd had an debt with associates and was interested in resolving, but wasn't able to the present time. During that time I was berated and called dramatic for saying I was able to spare $100 a month. I asked for everything in writing - 11/9 - called to say, I never received written correspondence regarding the account and requested that it be sent to me 7. Where do you live? I live in Pennsylvania, but the account was opened in MD 8. When is the last time you paid on this account? I was SO stupid! The account was opened in 4/01 and the last payment was made 4/06 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). It hasn't been filed yet. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, it is an accurate debt that I haven't been able to pay. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, apparently Mann Bracken is really sneaky and will arbitrate without my knowlege. 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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 not recieved a debt yet. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? 14. What is the SOL on the debt? To find out: 3 years PLEASE HELP!!!! Thanks so much in advance for any assistance. Let me know if any more info is needed.
  5. Hi All! Thank you so much for such and awesome website. I'm in a bind and need help. I have no idea what to do and I'm terrified. 1. Who is suing you? Mann Bracken/Midland Funding 2. For how much? $803 3. Who is the original creditor? Associates 4. How do you know you are being sued? I was told that my case would be sent to litigation within 7 days 5. How were you served? Were you served? I have not been served, but threatened to be served at work 6. What was your correspondence (if any) with the people suing you before you think you were being sued? - 9/18 - agreed I'd had an debt with associates and was interested in resolving, but wasn't able to the present time. During that time I was berated and called dramatic for saying I was able to spare $100 a month. I asked for everything in writing - 11/9 - called to say, I never received written correspondence regarding the account and requested that it be sent to me 7. Where do you live? I live in Pennsylvania, but the account was opened in MD 8. When is the last time you paid on this account? I was SO stupid! The account was opened in 4/01 and the last payment was made 4/06 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). It hasn't been filed yet. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, it is an accurate debt that I haven't been able to pay. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, apparently Mann Bracken is really sneaky and will arbitrate without my knowlege. 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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 not recieved a debt yet. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? 14. What is the SOL on the debt? To find out: 3 years PLEASE HELP!!!! Thanks so much in advance for any assistance. Let me know if any more info is needed.
  6. I responded to a suit filed on me by Midland Funding via a local lawyer. I indicated that this debt is not mine and asked them to supply me with verification documentation, which they did not. They then requested a continuance with the court and sent me an Identity Theft Affidavit. What's weird is that on the bottom in big huge bold print is "Do not send this to the FTC or any other Government Agency". I'd rather show up to court and have this firm be responsible for proving this fradualent charges. I don't feel good about filling this out, am I required to do such?
  7. Will start with the questionaire. 1. Who is suing you? Midland Funding, LLC (hired lawyer in Boston) 2. For how much? 6000 3. Who is the original creditor? CitiBank 4. How do you know you are being sued? Was served Summons 5. How were you served? Sheriff delivered to parents house where I have not lived in 10 years. Were you served? Yes..got it from parents and responded. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? Massachusetts 8. When is the last time you paid on this account? 2003 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Received a Notice of Case Management Conference for Oct 1,2007 (not sure what this is) 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. NO 12. Does your summons require a response? (Look hard!) YES If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? NO but sent questions back. Summons was just very basic...1) The Plaintiff Midland Funding LLC is owner of the debt originally issued by Citibank, acount #xxxx, and is a LLC having an usual place of business in Sandiego CA 2) The defenedent , me, resides at ...(wrong address) 3) it says "The defendent Entered into Credit Card Agreement with plaintiff or its assignor, a copy of which is hereto appended and market Exhibit "A" " ...THERE WAS NOTHING ATTACHED? 4) The defenent owes the plaintiff the sum of 6,056.49 as the balance of the purchaces and or advances on account of said agreement, together with costs, interest in the amount of 12% per annum from 3/6/2007, on or before which date demand for payment was duly made and a reasonalbe attorneys fee (sure it will be reasonable). 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? 3) it says "The defendent Entered into Credit Card Agreement with plaintiff or its assignor, a copy of which is hereto appended and market Exhibit "A" " ...THERE WAS NOTHING ATTACHED? in other words no evidence 14. What is the SOL on the debt? To find out: 6 years..no luck there Status I responded to the summons denying the debt, and asking for proof and pointed out that Exhibit A was never attached. I also stated a counterclaim as the summons basically said it was my only chance to do so. I sent a copy to the lawyer and the court via certified mail about 25 days ago. I received the document from the court for the Notice of case management conference. Wish I found this web site a month ago. What is the next step? I want to fight this to the best of my abilities without an attorney, atleast until I deem necessary. I know there are deadlines involved with discovery etc but when do these start. What should I be wary of in the Case Management Conference? Can I ask for them to produce proof before this even happens? Thanks MB
  8. My problem is with ARS who is representing Midland Funding on my Emerge Mastercard account that they bought. I am assuming that the Emerge Mastercard is really the FNB Omaha card that got bought out, I'm not sure though since they can't validate for me. From what I gather, the last payment I made to Emerge was in July of 2005. I made one payment to Simm Associates in June 2006 and then it got sold again. This isn't reporting on my credit report yet. I got a letter from them dated March 26, 2007. I dv'd them and got a response back dated April 10th. It was a simple one page printout that just listed a few months worth of late payment charges, over the limit fees and finance charges. It also shows one payment. The total on that page is just a little under $500. They tell me I owe them $1998. I sent them another DV and they sent back the same exact printout. I sent an ITS letter, they responded with a tax season settlement offer. Still never properly validated. I'm in Indiana. They never properly validated and still attempted to collect on the debt. What section that is I have no clue. I want to be finished with them and send them a letter saying to stop collections, don't sell it and leave me alone or i'll sue for violations, but everyone is telling me to just sue. I have no idea how I would even begin to sue a CA. HELP!!!! Angie
  9. I am trying to do this myself......got to get sent tomorrow. Is this sufficient for a response of denial? Does it say too much? not enough? should I ask for a dismissal or wait on that and just respond with denial at this point...don't know court date, yet.. I know they don't have a case... ... still stressing. .....rough draft below.... -------------------------------------------------------------------------- Response to summons from Midland Funding LLC, Plaintiff vs. Janis A. xxxxxx, Defendant no: 2006-xxxxx in Circuit court of Marion County, Mississippi I, Janis A. xxxxxx, deny that this debt on the complaint issue to me by Midland funding is my debt. 1. I deny ever having an account with this number with First North America Bank. 2. I deny the dates on the exhibit entered ( account interest free from Oct.1993- till April 1994.) I had not applied for credit in my name . All credit was in deceased husband’s name. 3. According to the Statue of Limitations in Mississippi and the dates on the Affidavit it would be past the 3 year period. Janis A. xxxxxx Defendant
  10. Hi ! I am jangel and I sure need you advice and encouragement if you have some. I am being sued by Midland Funding LLV, they go by other names ... Midland Management, LLVN..and more. I received a summons from them on Jan 6 so I have to respond in 30days so my time is almost up. Interesting thing I first found out about it after a bankruptcy lawyer contacted me and said I had a case coming up. ..he wanted to get me to file bankruptcy ...then about 2 weeks later got the summons. I plan to write a letter of denial .. stating this is not my debt. I have no account ever listed with FNANB with this number.The date of default is past the SOL in MS. (MS is 3 years) the complaint says defendent defaulted on 01-01-0001..I assume that means 2001. seems like they just made up a date. Also, the exhibit sent is the back of an agreement saying "you have 6 months interest free beginning Oct. 1993 and going through April 1994". I had no credit in my name at all till 1996. Don't mean to ramble. Is this sufficient? If I just write a letter saying I deny the debt as answer to the summons and the clerk of the court. Does it have to be in legal language. I really don't want to hire a lawyer as I have limited income I am disabled on SSDI. It is for a big amount $ 19,000.00 Scary! What will their next response be? Thank you in advance for any inform you can give me. Would anyone have a form letter for responding denyING the debt? Does this need to be notorized? thanks......jangel
  11. I was served with a civil court summons last weekend. It was filed by Mann Bracken, LLC at the request of Midland Funding over a $1916.87 credit card debt I had with Aspire Visa. I only have a part-time job and every penney I have is already earmarked before I even get it.. is it possible that I could send this attorney a letter to offer him less and he would accept? And how much should I try to offer?
  12. I was served with a civil summons last weekend saying I am to appear before the General Sessions Court October 17th for a $1916.87 credit card debt that I owed to Aspire Visa from 3 years ago. The paper states that it was filed by an attorney Mann Bracken, LLC on behalf of Midland Funding LLc-(MFL) Assignee of Aspire Visa. I have a part time job and cannot afford to take off any time. My sister has sent me $800 to help me out but I cannot come up with the balance. Is it possible that I can offer them what I have as payment in full settlement and can anyone tell me how to go about doing it and what I would need to do to make sure they do not sue me for the rest later?(or if I will have to go to the court and settle it there?)