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Found 837 results

  1. 1. Who is the named plaintiff in the suit? Spouse 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Love, Beal, & Nixon 3. How much are you being sued for? $2,715.86 plus fees 4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services / Webbank 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Person Delivered Summons 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? rec'd 2 letters, ignored 9. What state and county do you live in? Oklahoma 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown, Webbank/Dell does not show on Experian, Equifax required written report request, Transunion blew up while attempting to print report, can't pull again. 11. What is the SOL on the debt? To find out: 3 years on open accounts, 5 years on written. This forum and other personal contact seems to indicate 5 years for credit accounts. 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). Petition filed and certified by court clerk on June 29, 2012. Served on July 8, 2012. No answer submitted 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?Answer due to court within 35 days after service of this summons upon you exclusive of the day of service? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 17. Read this article: Read it. I was served a 3 page document notarized and signed by the court clerk on June 29, 2012. On July 8, 2012 I recieved the summons by courier? at my house. This document does not look like any of the previous summons that I've seen on these forums. It's very odd. [page 1] IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) SUMMONS To the below-named Defendant: Name: Address: Wife's Name Our street City: Our City State: Oklahoma Zip Code: Our Zip Home Phone: My home phone "You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the office of the court clerk of <COUNTY> County located at <address>, within thirty-five (35) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff. Failure to respond , in writing, within thirty-five (35) days, will result in default judgment being entered against you." BOLD: "No request will be made to the Court for a Judgment in this case until the expiration of 35 days after you receipt of this Petition and Summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with receipt of the Petition and Summons, all collection efforts, including our proceedings with this lawsuit, will cease until we respond as required by law." Issued this 29 day of June, 2012 Court Clerk By <signature> Deputy Court Clerk Love, Beal & Nixon, PC Attorneys for Plaintiff <Address> This summons was served on the 8 day of July, 2012 [Handwriting is atrocious: 8 is barely legible, 2 is supposed to represent July and \ is 2012...]. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY SUCH MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STATED IN THE SUMMONS. [page 2] June 26, 2012 <law firm's case no.> IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states: 1. Unless you, within 30 days after recept of this notice, dispute the validity of the debt, or any portion thereof, we wil assume the debt to be valid. If you notify this law fir, Love, Beal & Nixon, P.C., in writing, within the 30 day perioud, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose. 2. Webbank/ Dell Financial Services LLC, provided credit to the defendant on a written credit card account with an account number of XXXXXXXXXXXXXXX4723. At the time of charge off, the balance was $2,715.86. The indebtedness of arising therefrom has been duly assigned to MIDLAND FUNDING LLC, , plaintiff herein. The Defendant defaulted on the obligations required under contract. 3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $2,715.86. [page 3] WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum of $2,715.86, with interest at the statutory rate fromthe date of judgment, all court costs, and a reasonable attorney's fee, and for such other and further relief as to this Court may seem aquitable, just and proper. <signature> bunch of names and #numbers ATTORNEY'S LIEN CLAIMED ---------------------------------------------
  2. I am being sued by a lawyer for a JDB and have a few questions. On the Summary of the Pre-Trial Conference, the Judge marked that I have an additional 21 days to Amend my pleading. (I think he did this because I messed the first one up so bad.) Unfortunately, I sent in a second pleading, a little better than the first but still lacking, (after reading here, greatly lacking), my question is, can I file another pleading to replace the 2nd pleading? I still have til the 28th of Nov before the 21 days are over. Can someone give advice? Thanks, Lost
  3. I am being sued by Midland (assignee of HSBC). It appears that HSBC credit card units were purchased in 2012 by Capital One. I am at the pre-trial conference phase. Do I raise the issue of account ownership now (standing)? Or am I better off seeing what Midland's lawyers have for documentation? I called HSBC and was automatically transferred to Cap 1 based on my home phone #. I finally talked to a rep that confirmed that Cap 1 now owned the account but it has subsequently been sold to still another servicer. I have requested that info in writing in case I need it. The question is - when should I use it?
  4. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
  5. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until fully edited Basically I'm not sure if this is account stated or breach of contract. I'm leaning towards breach of contract, but I'm not sure. Complaint: 1. The plaintiff is the owner of the within credit card account through Purchase, bearing account number XXXXX. 2. By use of the account, the defendant became bound by the terms in the credit card agreement. The existence is established in the exhibit attached hereto as Exhibit A. 3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff. 4. That there is now due and owing to the plaintiff by the defendant, the sum of $1500ish on said credit card agreement. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the defendant failed to do so. I don't see an affidavit in here dated even close to the summons date. If none, do I file a MTD or MSJ? I’d like to just get a PTD at a reasonable price so it is removed from reporting. If it is breach of contract, did they need to attach the contract? They one have the front and back of a statement! If it is account stated, Here are my current Answers and Defenses: 1. Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account." 2. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 3. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 4. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 5. Denied: This request calls for admission of matter defendant has denied and thus it is improper. AFFIRMATIVE DEFENSES (Should I use this? Do I need to list a defense for each complaint item?) As and for a Defense The plaintiff has failed to provide legal evidence that they are legally entitled to collect the debt. I will add the certificate of service. If it is Breach of Contract, I really haven't seen any answers. So i could use some help. Questions Summarized Breach of contract or Account Stated? ACCOUNT STATED Is there an affidavit? NO Should I file an Answer, MSD, or MSJ? Is my answer good and complete? Or should I just use an Affirmative Defense? Should I attach an affidavit? 1. Who is the named plaintiff in the suit? Midland Fundling LLC 2. What is the name of the law firm handling the suit? Weltman 3. How much are you being sued for? $1500ish 4. Who is the original creditor? Midland Fundling LLC 5. How do you know you are being sued? Summons 6. How were you served? In person, at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence with the plantiff before you think you were being sued? Calls I think, but I'm not sure. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? I don't recall 11. What is the SOL on the debt? SOL is 6 years I think, the debt is not older than 3 years. 12. What is the status of your case? Suit served? Motions filed? I have until Friday to file an answer o MTD. 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? I have until Friday to file an answer or MTD. 16. What evidence did they send with the summons? The entire complaint is on a google drive that is viewable in PDF here: Removed until fully edited Again, I thank all of you in advance for your help and comments. I apologize if there is a thread that I missed, I have been searching this site for a little over 2 weeks.
  6. So, my motion to compel documents was granted. Midland didn't even send a lawyer, they no showed. I wore a suit, everyone thought I was an attorney until I stated my name and in pro per. The judge even commented that my motion was very well prepared. Now comes the interesting part. I was granted the motion because midland was late responding to my request for production of documents, and hence waived all of their rights to objection. They have to give me everything with no right to object. Now we'll see what they really have. I used ASTmedic's motion to compel as a starting point and tweaked it from there. Things are going alright for me so far, thanks to lots of help from ca lawyer, astmedic's thread and lots of other stuff on here. Next step is to beat these JDBs. I'd be happy to share my motion and separate statement with anyone going through the same business.
  7. I've received a "verification of the debt in question" letter from the Stillman Law Offices. In the letter I received: A signed contract from Jan. 23, 2006, with my signature and SSN on it. 4 months of billing statements from Feb 2011 to May 2011 with nothing but late fees and interest listed on them. This is my reply to their letter. Dear Ms. Wyman; This letter is in response to your correspondence of December 26, 2013. Pursuant to the Fair Debt Collection Practices Act, § 809(, 15 USC 1692g, please provide ALL of the information to validate the above-referenced alleged debt. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section and Fair Credit Reporting Act § 611 (a)(1)(A) [15 U.S.C. § 1681i]. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: 1) Provide proof of what the money you say I owe to you is for; 2) Explain and show how you calculated what you say I owe; 3) Provide me with copies of any papers that show I agreed to pay what you say I owe; 4) Provide a verification or copy of any judgment if applicable; 5) Identify the original creditor; 6) Prove the Statute of Limitations has not expired on this account; 7) Provide proof that you are licensed to collect in the state of Michigan; and 8) Provide proof of your license numbers and Registered Agent. At this time I will also inform you that if your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or Trans Union) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: 1) Violation of the Fair Credit Reporting Act; 2) Violation of the Fair Debt Collection Practices Act; 3) Defamation of Character If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will not hesitate in bringing suit on against you. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. Pursuant to the Fair Credit Reporting Act § 611 (a)(5)(A) [15 U.S.C. § 1681i], should your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Your cooperation in this matter is greatly appreciated. Please do not hesitate to contact the undersigned via the USPS at the address listed above should you have any questions or concerns. Very truly yours, Lostboy38 P.S. Ms. Wyman, you failed to sign the cover letter dated December 26, 2013 bringing into question the validity of your notice. I assume that it is an over sight and you will provide me with a signed copy as soon as possible. Failure to supply a signed copy within 10 days will be taken to mean that this is a JDB chasers illegal means of threatening an innocent consumer. Any advice?
  8. Please help! I am being sued by Midland Funding via Jerold Kaplan law offices. I have attached the 16 questions. At this time I am unsure of how to proceed. Any advice would be greatly appreciated. Thank you 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 Office, P.C. 3. How much are you being sued for? $1,000 + pocket change 4. Who is the original creditor? (if not the Plaintiff) Webbank / Dell 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I was contacted by Jerold Kaplan law offices around early 2003 at work, so I called them back. I did not confirm or deny, I only requested them to contact me on my cell instead of my work number and to send me validation of the debt. The only thing they sent was a generic looking print out of the merchandise I supposedly ordered. 9. What state and county do you live in? Maricopa County AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) On the document given to me when I was served it says 2009, however, my credit report shows the following regarding the same account under Midland Funding as of September 2012 ..... 11. What is the SOL on the debt? 6 Years in Arizona 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 was served two weeks ago. Based on previous information on this forum, I am waiting until around 18 days to file my response. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, I contacted all credit bureaus and have disputed the debt with minimal response that I am aware of. I contacted Jerold Kaplan law office about 4 days after being served and requested any documents they have to be mailed to me. They put me on hold for quite a while and said "it is tough to get documents and we can only get copies of what we have once. We will contact the creditor to attempt to obtain them again. However, since they were already mailed we are unsure if we can send them out or have access to them anymore. Call back in a few days if you haven't received them by mail. " So far, I haven't received anything in the mail. 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.I requested one over the phone and it was a printout of a computer from Dell. I don't recall it having anything on it showing the debt is valid or belonging to me. 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. They are claiming the balance of 1,000 + change with interest at 4.25% plus attorney fees not less than 275.53 . 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They only included the Dell Account Credit Agreement printed off of their website. It is not signed or in any way related to myself. It appears to just be a generic credit agreement. However, it does allow for arbitration. They did not provide any other documents.
  9. I'm starting a new thread with more information. I am being sued by Midland Funding LLC represented by The Brachfeld Law Group for the sum of about $4100. I will be filling out the CA form PLD-C-010. I was looking at a Affirmative Defense. Has anyone had to deal with The Brachfeld Law Group? What would be the best way to go about anything. I now have 29 days to submit my Answer. Thanks for all the help.
  10. I just wanted to come on the forum and thank everyone in this community for the great information. The information I learned from here helped me go up against Midland Funding in court and it was unremarkably amazing how easily they back off once you kick the legs out of their faux case. In my experience, they had no evidence to prove they owned an account from the OC. They had bought a portfolio of debt that must have been sold multiple times before it ended up with them. Their portfolio of an alleged debt I owed had CC statements, a bill of sale, cert of conformity, among other things. We go to court and at first they try to make you admit you're come kind of criminal and that you owe them big time, but in reality if you know the facts of the case and some civil procedure, they got nothing on you. I thought it was actually fun going up in front of the judge and seeing the plaintiff move for a dismissal. It was quite invigorating and empowering. Just remember, know your rights and always fight.
  11. Case Dismissed Without Prejudice - OCT 16 2013 I guess they can file and try the case again if they want but the SOL on this case is not to far off so i don't expect to hear from them again. I want to Thank all here who helped me, Especially Seadragon for the endless back and forth emails and all the documents he helped me with, this man is amazing! I also want to Thank nobk4me for posting about Midlands Consumer Bill of Rights article 3 b And Thank you calawyer and all the others on this forum for your input, I could not have done this without you, I probably would have been like many others and not even went to court or went but lost because i had no clue, this forum and the people on it has provided me with information i needed. Thank You! forum donation incoming soon as i know if i still have a check with the gov shutdowns and what not. ========================================================================= Hello forum, i'm new here and really need some help. Yesterday i was handed a summons at my front door by midland funding llc, i have never been sued and i am on disability ssi fixed income and cannot pay what they want, i have been reading this forum for hours and found lots of good reading on midland but nothing about people like me on ssi, this is my only income and it barley gets me by month to month, i live alone in a small apt and have some mild retardation so i am a little slow but maybe not stupid since i am here right?. i have 29 days to respond and file a written response to the court and have a copy served on the plantiff. i have no money for an attorney so i guess i have to do this on my own, with your help maybe i can win, can you tell me what i need to do and exactly how to do it step by step, where do i get this answer document to file out and file with the court?. i know they cant take my ssi check i seen section 207 but i knew this long ago but i'm still a little scared and nervous. i have direct deposit of my ssi, but i worry a mistake could be made and they freeze my account or try to take my beat up 26 year old vehicle. help!
  12. Hello, I've been reading so much on the threads which have given me so many ideas on how to go against these guys so thank you to all who post so much usefull content. I'm in need of some help when it comes to my response with this as I've seen some people recommend a motion to dismiss vs filing an answer and would love some recommendations based on my wife's situtation. Also, I wanted to represent her in court without her there if possible does anyone also know if I'm able to? Thanks again! Our Scenerio: Orlando, FL Married - pregnant wife One income from me Mortgage Car Loan On 9/30 my wife received her summons to appear for pre-trail on a small claims for the amount of $3669.71 (they didnt want to miss a cent) Statement of Claim Plaintiff, MIDLAND FUNDING , LLC Sues Defendant xxxx and alleges 1. That this is an action for damages that is within this Court's Jurisdicitional limitations 2. Plaintiff is a Limited Liability Company authorized to do business in Florida 3. Defendant, xxxxxx, is an individual, is sui juris, and is a resident of orange county, Florida 4 The Defendant requested an extension of credit from Chase Bank USA, N A 5. The credit account number with CHASE BANK USA, N A was ________6662 (<---they didnt include full acct number) 6. All conditions precedent to the bringing of this action have been met or waived. 7. Defendant caused various charges to be made through the use of said card Count I (ACCOUNT STATED) Plaintiff realleges all of the allegations set forth in paragraphs 1-7 8. Before the institution of this action, Plaintiff and Defendant had business transactions. 9 Plaintiff rendered a statement of it to defendant a copy being attached hereto, and Defendant did not object to the statement. 10. Defendant(s) owes Plaintiff the principal sum of $3669.71 since on the account. 11. Demand for payment has been made. WHEREFORE, Plaintiff demands judgement for damages of $3669.71 against the Defandant, XXXXX, plus, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper. Count II (UNJUST ENRICHMENT) Plaintiff realleges all of the allegations set forth in paragraphs 1-7 12 The Defendant received a financial benefit, which was in fact appreciated by the 13 The Defendant accepted the financial benefit 14 By virtue of the circumstances surrounding the use of the credit card, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed 15 The Plaintiff has no adequate remedy at law if the if the relief sought is not afforded WHEREFORE, Plaintiff demands judgement for damages of $3669.71 against the Defandant, XXXXX, plus, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper. POLLACK & ROSEN, P.A address Signature ____ The only additional document they attached was a credit card account summary page from 06/14/11 Thanks for the help!
  13. It finally happened (for real this time). We won against Midland Funding. Everyone in this forum is certainly a very special friend. We can’t thank you all enough. This was a very tough one to sort out and I would like to contribute a bit to the group. Here in Utah, we had to argue that Delaware law and it’s statute of limitations was applicable. To make things even more difficult, we needed to show that the statute of limitations was calculated from the date of the last purchase and not from when the last payment was made and the following payment was delinquent. (Please don't post any case laws to the contrary for a while. I need my sleep and don't want to try for a third win on the same case. ) I would like to post some of the info that was part of a joint statement during a hearing on the SOL issue along with the Courts determination. In the Courts letter, I’ve been designated to prepare an appropriate Order consistent with their ruling and the grounds stated by Defendant which the Court adopts. That’s rather sweet! But, I’m rather overwhelmed with this request. Any pointers?
  14. Hi! I wanna start by saying MIDLAND Funding summons me a yr ago re a default w/ WAMU in California. Since I have a Lawyer friend I went & saw him & asked him what he thought & he said I would have to pay, but what we could do for now is put them off by filing all the responses & that would get me time to get money together so right before trial MIDLAND would offer me a deal. So he did all the paperwork over the last yr for me. I believe just the basics. My Case Management was vacated & a trial was set for August. So on about June 27, I received a 'Request for Statement of Witnesses & Evidence' & I took it to him & he took for ever to get it together yet he finally did & I just mailed that out Friday along w/ a 'Request for Statement of Witnesses & Evidence' to Midland which they already sent w/ the request for me. So I was looking through the book of papers they sent w/ the Request & I see this 'Affidavit In Lieu of Testimony' & over the wkend I asked my Friend should I object to the declaration on the basis of the 'hearsay rule' since she doesn't/hasn't worked for WAMU or even CHASE & he finally emailed me back today & said he could no longer work w/ me on this case since he strongly feels I will lose anyway no matter what I throw out there & that I am better off calling them & taking a deal before trial. He went on to say if I went to trial I would lose & they then could come after my bank account, assets or even after my husbands pay check & they would come for the full amount +. So that scared me & I went online & found you guys! So here is what MIDLAND has as Evidence, they have statements from WAMU & CHASE showing my name, address & account number. A bill of sale from WAMU to CHASE, a bill of sale from CHASE to MIDLAND, both do not show my name or address or account number. (the default happened right before WAMU sold to CHASE) They have a witness who works for MIDLAND as a Legal Special ist. Whose business is in Minnesota. Yet she listed address close to the courthouse here where the trial will take place. MIDLAND filed the 'Affidavit in Lieu of Testimony' earlier this mth w/ the courthouse. So I'm thinking she will show up. So here are my questions. I have 20 calendar days til trial & I want to be prepared. Do I have a fighting chance of winning on what I have showed you guys? Or do I need to settle before trial as my Lawyer friend advises me? Also, do I need to file my response to the 'Request for Statement of Witnesses & Evidence'? He told me not too. If there are any ideas you guys have feel free to post them. Thanks in Advance!!
  15. I'm in California and being sued by Midland Funding for about $2,000 for an old credit card I had with WaMU. I filed an answer to the complaint with the courts and also sent a demand for BOP, with the help of these forums. Exactly ten days have they received the demand, they sent me a BOP that only consisted of old statements from Chase. and now, I'm not sure what to do. This is the first time I've dealt with anything like this and cannot afford an attorney. Thanks for all the feedback and help.
  16. Today, I received a settlement letter from Midland regarding a TL that was deleted approximately 6 months ago. I never received an initial dunning letter. I checked my CR and noticed Midland's negative TL. After monitoring my CR for several months, I noticed that Midland was reporting this TL inconsistently. Midland used 2 different names (Funding and Credit Management) to open and close the TL, they listed themselves as a factoring company, made the TL appear to be a loan or revolving credit, they supposedly sent a dunning letter to my old address but pulled my CR which listed my current address and phone number. Midland also called after being told to communicate with me via writing. I contacted the FTC and the California AG to report what I believed to be FCRA violations. I also disputed the TL with the CRA's. I disputed this TL because to my knowledge the bill was PIF. I called the OC and they said the remaining balance did not seem right. However, all records were sold to the CA and I was instructed to call Midland. Of course, when Midland responded to the AG they acted as if they were operating in accordance with the law. They also claimed that the debt did not have to be validated because I did not ask for validation within 30 days. I have my old CR's, certified DV letter that asked to only be contacted via writing, phone records, and all other correspondince. I will be mailing a request for DV within the allotted 30 day period. I just wanted to know how else I should proceed with this vile CA. I believe this collection is still within the SOL. However, I've read that cell phones may fall under a Federal, 2 year SOL. I have not received re-insertion letters from any CRA so far. Midland's letter states "this account may still be reported on your credit report". Midland supplied the following: Current Balance, Payment Due Date, OC, Original Account #, Current Owner, MCM Account #, Reduced Payment Option Seems like this is a settlement, dv combo letter? How should I proceed? Thanks for any and all advice.
  17. Midland Credit Management continues to do account reviews on at least my TU CR. The purpose of their review is listed as a collection. However, I do not have any collections on my CR. Approximately 5 months ago, a collection from Midland was deleted off of my TU CR. The collection was not validated or verified. I am not sure how the SOL (tolling) would work with this collection because I moved from TX to CA. I also was able to catch Midland in violation of several FCRA's and reported them to the CA Attorney General and FTC. Since then, Midland has sent 2 letters with payment options for an unrelated collection. This collection is not mine, does not appear on my CR’s, and according to Midland is out of the SOL. 6 days after I received the 2nd letter from Midland, they reviewed my account again. Is this legal? How can I stop Midland from reviewing my CR? Is Midlands review of my CR damaging my score? Regardless, a collection listed under account review doesn't look good. I would hate for the deleted collection to reappear on my CR's. I thought the bill had been paid, OC somewhat agreed but could not view a list of the charges...only the balance. Once I found out about the discrepancy, the OC had already sold the account and related documentation to the CA. Needless to say, it was a huge mess! Thanks for any advice or input.
  18. From reading forums here I was able to respond to the initial Complaint (from Midland funding via Johnson & Mark) but I'm getting a bit lost on how to respond to the Discovery request and how to send my own Discovery request back. I'm definitely not a lawyer and I can't afford one either. Any help someone could provide would be met with extreme gratitude! If I calculated correctly I have until 12/4 to respond to the following discovery requests: They are requesting 6 years worth of bank records. Any and all paperwork regarding debt. Correspondence, communications, receipts etc. As well as anything I plan to use as evidence or exhibit. They also have a nice page long section of Admissions that are just trying to get me to admit to the debt. I'm starting to think I'd rather just settle (they are suing for $3300.00/original purchase amount was $1600.00 and then paid on for 2 years) because I'm worried that I won't be able to win in court by myself but I want to know my options and I really can't afford to pay the full amount.
  19. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
  20. I am another victim being sued by JDB --Midland Funding LLC and I need some help. I have been reading these forums and my eyes are bleeding. I was hoping for some specific guidance. I am trying to draft me answer as my 30 days will be up on 8/28/2013 -- I have read and bookmarked many posts by some who have won cases, but they are in other states or I have not received the exact clarity I need. I do not want to hire an attorney, because I want to fight this and win, and the firm I am considering has a 40% success rate??!! I have dowloaded the ANSWER PLD-C-010 however, I am uncertain as to the proper verbage used how to draft it so that it is a "winner" Which part of the "Complaint" do I answer to? the First Cause of Action? Items 13-16 before they pray to the court to ream me for $10K? I really need some help as I am a single mother with no means to pay or settle this lawsuit. I am working on my answer -- but the ones that I have seen samples of are so long, and I am unsure as to write for affirmative defenses as well. Any guidance is much appreciated.
  21. So I went to court today, filed my paperwork for my dueling affidavit and got my assed handed to me. The judge said they had standing and I outright denied me saying they've proved standing in Washington State. So what do I do now? I owe them apparently 2600 dollars which is 3 times the amount of the original card in question.
  22. Hello all, I recieved a summons on 6-20 and have been reading up on how to handle this and was hoping for some reasurance and direction, I will start by filling out the questions below. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pressler and Pressler 3. How much are you being sued for? 2,500 4. Who is the original creditor? (if not the Plaintiff) On The paperwork it is CIT Bank, I know it is for XXX. 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 7. Was the service legal as required by your state? Yes Regular and Certified. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Some lady called 2 months back and was rude on the phone and condisending, I did not admit anything, said I needed to review the papers she was sending, she called back 7 days later I said I did not have a chance to review and she told me she was going to put on my credit that I was uncooporative, So I stopped talking to her and them. 9. What state and county do you live in? Hunterdon County, New Jersey 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2009 11. What is the SOL on the debt? To find out: No, not for new jersey. 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). Just got the initial summons.. do I need to do this? 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, my fault for being frazzeld and anoyed. 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? 35 days, Id like ot file something by next week. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing (amounts are made up but close enough) Here is the summons : Pressler.. Parsippany, NJ 07054-5020 1-973-753-xxxx attorney for Plaintiff file # MIDLAND FUNDING LLC Plaintiff SUPERIOR COURT OF NEW JERSEY Law Division is. HUNTERDON Civil Part Docket ..... Plaintiff having a principal place of business at: 8875 AERO DRIVE SUITE 200 SAN DIEGO, CA 92123 says: 1. It is now the owner of the defendant(s) CIT BANK. account number xxx which is now in default. There is due the plaintiff from the defendant(s) X the sum of $2,400 plus interest from 1-1-2009 to 6-1-2012 in the amount of $100 for a total of $2500 WHEREFORE, plaintiff demands judgment for the sum of $2,500 plus accruing interest to the date of judgment plus costs. I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action. I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(. PRESSLER and PRESSLER, LLP Attorneys for Plaintiff(s) I need to send in my $15 I was thinking that I need to fill out form and answer that : Check the appropriate statement or statements below which set forth why you claim you do not owe money to the plaintiff. __(1) The good or services were not received. __(2) The goods or services received were defective. __(3) The bill has been paid. __(4) I/We did not order the goods or services. __(5) The dollar amount claimed by the plaintiff(s) is incorrect. _x_(6) Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more sheets if you need to.) Is this good enough? "Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations." Then on a separate piece of papercan I put lack of standing as an affirmative defense. ? I also have a form that to fill out that is for "permit discovery" Would I send this in at the same time (certified with proof), and what exactly am i looking for in legal terms? Bill of Sale? Credit card agreement... This is all a bit confusing. Thanks Besides the guidance on the questions above, and some reading to do on my part (with what spare time!!!) Do you have any sugestions on how to expidite this and get it over with, basically to trip up midlands and not have to deal with this crap. I figure that if I start with the advice and my own Due Dilligance I have less of a chance of admitting guilt or screwing up my case, as much as I hate thsi crap I find it fasinating, the only problem is it takes up time I would rahter focus on other activities and ventures. (like my mid year performance review at work!) I have until 7-30 to file the paperwork (jsut called the court to verify the docket # and make sure its legit).
  23. Hi! So I am being sued by midland Funding. I will have lots of questions, but one that keeps coming up is in regards to the chain of custody on the alleged account. Here is my question, Say an account was opened with "bob's bank" around 2005, then sold to "johns bank" some years later, then sold to "mikes bank", then sold to JDB. The JDB keeps refering to an alleged account opened with "mikes bank" in 2005, but it was not, it was "Bob's bank" in 2005. So who is the original creditor? are all the banks part of the chain of custody? Thanks in advance! Surfertom
  24. I have been served.. it has been lest than two weeks after i got served and i have submitted/Filed my Denial Form and send a copy to midland funding. with a request for verification. They have Mailed me a copy of the following 1: Statement from Original BANK with FULL account number, 2: Paperwork stating that chase sold the account to Midland Title BILL OF SALE 3: paperwork with my account information and my last 4 digit of Social Security which is Valid What do i know now. I need a HUG, I'm Scared and broke!!!!
  25. I am being sued by Midland Funding LLC. I have been reading as much as possible but am still unclear as to how to respond to the summons. The attorney filed over two weeks before I received the papers. I was not asked to sign for receipt of the papers so there isn't any legal proof of the date I received them. So my first question is how will the court determine when the thirty days started? I am not being flippant, I just don't know how much time I have to respond. The papers state I must respond "within thirty (30) days after service hereof, exclusive of the day of such service". If I can't prove when I received the papers do I only have a few days to respond? 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Law Firm Columbia SC 3. How much are you being sued for? 9K 4. Who is the original creditor? Chase card member services 5. How do you know you are being sued? (You were served, right?) Man (not a police officer or deputy) 6. How were you served? (Mail, In person, Notice on door) In person at my front door 7. Was the service legal as required by your state? Not sure. It has been filed with the county courthouse. Also, the filing date was two weeks before I was handed the papers so not sure how much time I have to respond (is this a ploy on lawyer's part?) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letter from attorney so I sent DV letter and received same cookie cutter response as posted by other members here. 9. What state and county do you live in? South Carolina (Beaufort County) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sept 2009 (attorney claims this is the date). 11. What is the SOL on the debt? 3 years I don't have enough posts to upload the summons documents but they appear to be identical (except for my personal info) to UnclePorkChop's docs that were uploaded in Feb 2012. How I'd I respond if the papers I was served do not have a case number (it was date stamped by the court but it is blank). ETA: I looked it up online and there is a case number on the court's website so I will use that. I appreciate any advice and am off to read some more so that I can figure out how to properly respond.