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  1. So today a woman knocked on my door and served me with 2 pieces of paper. Midland Funding LLC vs. "ME" My original creditor was Dell Financial. (webbank) I have browsed and read this site for a few hours (serching for texas stuff) Found a few good things, then joined the site hoping to find more. To be 100% honest. Im lost maybe because i have so much going through my mind. I dont want to mess this up by filing something thats way wrong.. I have 14 days till I have to do something. Im not asking for a step by step, All I am hoping for is to be pointed in the right direction. For example where do i start, my first step? Thank you in advance if you respond.
  2. California consumers may find it helpful to be aware of another favorable Opinion recently certified for publication by the CA Courts: http://www.courts.ca.gov/opinions/documents/JAD16-06.PDF Happy Holidays!
  3. Need advice on how to file a response to a court document informing me that I am being sued by Midland Funding for a credit card debt owed to Credit One Bank. Within the documents it shows that the bank sold my file to a collection agency,then that agency sold it to another and after that, apparently Midland Funding bought it and is now suing for the amount of $2,168 of which all but approximately $600 are late fees, etc. The document titled "Citation (Debt Claim Case)" states: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plaintiff with the Clerk of the Court on or before the 14th day after date of service of this Citation. My question: I do not dispute that I owe Credit One Bank and am willing to settle for a reasonable amount. How should I word my response to reflect that, if it would even be advisable to admit guilt at this point? Should I reply by acknowledging receipt of the docs only to comply with the deadline? Could I try to settle while the papers are taking "their time" of being processed? My first reaction after finding the Citation in my mailbox was to send the lawyers representing Midland an email. That email has been ignored for a week now. I asked them if there was a way to come to a mutual agreement instead of continuing with the legal process. I guess they are not interested. Are there options at this point? Financially I am not in the position right now to pay the entire amount but could pay 25% to show good faith. Any advice is greatly appreciated! Deadline to respond to Citation is November 2, 2016
  4. My turn. A guy came and said he had papers for me. Didn't confirm who he was giving them to and didn't know who they came from. Don't they have to make sure who they are serving? Anyway, I'm in the same boat as a lot of people, Midland filed a lawsuit against me with a court date in Dec. A bunch of bogus paperwork, mostly redacted or hearsay. I need to be walked through this. My health is not good and I've been dealing with a concussion, so my brain is having issues. HELP!!!!!! I see a lot about Arbitration, so I'm trying to figure out what I'm supposed to do now. I got the summons, which is dated Sept 20,2016. Today is Oct 15, 2016. There is also an Affidavit from an "officer" in Minn at Midland as successor to account. There is a Bill of Sale from Synchrony Bank, again redacted information on the page. A Purchase Price Reconciliation/Funding Instructions to: Midland. Again, most info is redacted. Affidavit of Sale of Account by Original Creditor- says "I am an Affidavit Documentation Specialist of Synchrony Bank, formerly GE Capital Retail Bank." States this person is in a position to "have access to creditor's books and records and is aware of the process of the sale and assignment of electronically stored business records." Blanker Certificate of Conformity for Notary - From attorney in Minnesota. A print out of information, I guess about me and the debt, although most of it is redacted. They charge off amount is 775.32 with accured interest of 4562.06. They are also claiming an amount in the lawsuit that I know is higher than what it should be....if the debt is mine. Are there sample of what others have done to help? Thank you! My health has gotten to where I either pay my Dr or credit card debt, guess which I had to choose. Note: I am on Soc Sec Disability, I live in TN, I own a home and a car that isn't worth much. So, basically, I am uncollectable if they did win.
  5. The U.S. Supreme Court on Tuesday agreed to decide whether people who have filed for bankruptcy can sue companies that attempt to collect debts that was not required to be paid back because of state statutes of limitations.... http://www.courthousenews.com/2016/10/11/debt-collection-dispute-faces-high-court-hearing.htm
  6. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f47-9436-1b3c79784d0b My Answer to Complaint: https://www.evernote.com/shard/s447/res/41cff245-a48c-4b0c-b1ae-0c2c479497d7 Plaintiff’s Motion for Summary Judgement: https://www.evernote.com/shard/s447/res/4ea10ea3-a221-4f66-99bb-f4ff5f7e9010 My Objection to Motion: https://www.evernote.com/shard/s447/res/3d47dcdc-fe54-421f-9ab7-54ee5fd7cf9f My Request for Documents: https://www.evernote.com/shard/s447/res/82843a43-805b-4e74-8b54-355e4c1bdd4f 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.) Lustig, Glasser & Wilson from Massachusetts 3. How much are you being sued for? $1527 (about $315 of that is fees tacked at charge off) 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (TJ Maxx credit card) who then sold to Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes, served - see below- 6. How were you served? (Mail, In person, Notice on door) Husband answered door and was given papers while I was upstairs 7. Was the service legal as required by your state? I believe so, 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? None with me but my 11 year old son may have answered a call from them once 9. What state and county do you live in? RI 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never did. Called in TJ Maxx in December just around Christmas to pay bill but I was told I could not as it had just been charged off. 11. What is the SOL on the debt? To find out: 10 years in RI 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). Served and I answered complaint. Midland immediately sent Motion for Summary Judgement. I filed an Objection to Motion for SJ and I requested Documents. Hearing for Motion is next week, 9/22/16. 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? No Questionnaire. Re: Midland’s claims, please see the link to Complaint below as there are 18 counts Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit 1: “Legal Specialist” with access to records for Midland Credit Management Affidavit 2: “Affidavit Documentation Specialist” of Synchrony Bank Bill of Sale Seller Data Sheet A last document that looks like a TJ Maxx bill with total amount charged off
  7. Okay lets try again... Here is the jist.. and questions are below! So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here. 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.) Cooling and Winter LLC 3. How much are you being sued for? $1039.82 plus interest, attorney fees, court costs and $98 4. Who is the original creditor? (if not the Plaintiff) Citibank NA 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) Sherriff came to 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? none, they robocalled a few times that i recall, never left voicemails, i never recieved any letter or mail. 9. What state and county do you live in? GA, Bartow 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/5/14 11. What is the SOL on the debt? 6yrs 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). can't find anything online for Bartow, i will hopefully go up in person next week. So far just been served so have 30 days to answer. 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? no, didnt know it was coming 15. How long do you have to respond to the suit? 30 days from today We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no questionaiire. (2) defendant indebt in the amt of $1039.82 as principle. (3) def entered into cc agreement w original dreitor acct number ending in 1753 and recieved and use the cc at issue in this action. (4) def breached the cc agreement by failing to pay as agreed and left an outstanding balance of *1039.82. (5) all rights and title to def. cc were legally assigned to plaintiff in writing. (6) def is liable to plaiintiff for sum of $1039.82 principle plus court costs. (7) despite demand by plaintiff, def has failed to pay amt due on cc. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached 2 statements from best buy (neither showing new purchases. one was a feb 2015 the other july 2014.) and an affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finance Unit LLC and another bill of sale from CBNA (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a final page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Thanks for any help everyone!
  8. So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. They attached 2 statements from best buy (neither showing new purchases) and a affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finanace Unit LLC and another bill of sale from CBNA to (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a finaly page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here.
  9. Hi there, thank you for taking the time to check this out, Last week I received a 'summons' from Midland Funding LLC by a courier for a debt they say I owe them. Just today they sent another copy of the 'summons' in a letter that came through the mail (USPS). After quite a few Google searches which linked me to a lot of posts on this forum I decided to start my own thread since I believe my issue may be a bit different than the others I've read through. If it isn't something totally 'new', I apologize but I could use help still! Some more of the story: Last week (April 7th) a courier delivered a few documents stapled together (not in an envelope) to my father and after looking through it, it appears to me to be a fake summons. My father told the courier that I was here but that I was sleeping and accepted it himself. I'm not sure if it matters, but my father and I share the same name, is that something I can use in my favor? After looking things up, it seems that that may have been a big no no for them to give the document to anyone but me, or am I mistaken? I also say 'fake summons' because after checking ( https://www.law.cornell.edu/rules/frcp/rule_4 ) I noticed a few things missing on the 'summons'. There are no signatures anywhere except Midland's attorney, nor do I see a court seal. It also doesn't state the time I must defend myself, so there are at least 3 things missing that supposedly MUST be on it. After some more researching, I've realized that this may just be them showing me their intent if I do not follow their 'plan'. It also seems more like a bully tactic to scare me into calling them, confessing all of my sins while they record it to use it as evidence to collect on this figure they've come up with which is larger than the limit on any card I've had. So now, I guess what I'm asking is what should I do next? So far, I haven't done anything. I've read through these documents and quite a few similar issues on here, and now I'm here looking for help! The documents say I have 20 days to respond (so, from April 7th, which would give me until the 27th, 11 days from today) if it IS legit. Should I try to get free legal help? I cannot really afford an attorney let alone the debt Midland says I owe them, but I've heard Minnesota courts are some of the worst for the consumer (IE: me!) in the country. I don't want to have the deck stacked against me when I'm trying to get my life back in gear. I'll save the full sob story, but I've dealt with addiction and I'm starting up school this fall and this issue is really distracting me from continuing on with the next stage in life. I really hope this isn't as big of an issue as my mind is making it, but trying to stay positive is getting very difficult. Anyway, any help at all would be greatly appreciated! If there's anything I've left out that could be of help, please let me know so I can provide it. Thank you again for taking the time to read this, Jeff -
  10. I recently filed my opening brief in the 9th circuit court of appeals because I once again got railroaded in kangaroo court (Phoenix federal court). The brief is posted at http://creditsuit.org and involves numerous FDCPA, FCRA and discovery issues. I worked on it for 2 weeks straight and bought the NCLC FCRA and FDCPA subscriptions, but just ran out of time and am still looking for case law on several issues for my reply brief. 1) The importance of Equifax's date of first delinquency (aka date of last activity or DLA). My claim got dismissed because they argued that as per FCRA they could have reported 6 months longer and the judge decided that the additional 1 month was insignificant. However, my claims were NOT against Equifax for reporting too long, but against Midland / MCM because they verified the incorrect DLA and against Equifax for lack of procedures. Of course the more RECENT the DLA, the greater the damages as the most RECENT delinquency determines one's credit worthiness. It would be nice to have some cases about that. I can't afford depositions and if remanded, will obviously do written discovery with Equifax, but they will claim no knowledge regarding creditors' underwriting practices and I can't pay for expert witnesses. So I need case law. 2) Midland WAIVED pre-judgment interest in state court, but verified the balances including the waived interest. They argue that they can continue to report waived charges just like cases re debts dismissed for SOL. I agree with regards to SOL dismissal, but this is different. Many consumers negotiate settlements either pre suit or during litigation and I have NEVER seen a waived charge reported to a credit bureau. Midland had added interest on the account PRIOR to its purchase of the account from the date of charge-off. Under AZ law they are entitled to 10% interest and it does not specify from what date, presumably from the date of purchase. HSBC had stopped charging interest when it charged off and the Midland documents all state the charge-off balance as the purchase balance. Most credit card holders receive credits for late fees, interest etc. for one reason or another from the original creditor and I don't see why a subsequent purchaser of the account could add these charges. The justice court dismissed my FDCPA counterclaim and denied my motion to amend because Midland stated in its motion for summary judgment that it WAIVED all pre-judgment interest. I haven't found any cases about that, but am aware that creditors can "assign" an account with the chargeoff balance + interest, but nothing of that sort was ever provided by Midland and I recently found a collection letter from a collector on behalf of MCM with a settlement offer based on the charge-off amount / purchase balance without any mention of interest. So there are TWO issues, one regarding the WAIVED interest during the Midland litigation against me and the other regarding the legality of Midland adding pre-purchase interest when creditors such as HSBC and Chase chose to not charge interest after the charge-off and the account is sold with a BALANCE = to date of chargeoff . How specific does a CRA dispute have to be? The district court judge reasoned that my balance disputes were NOT specific enough and that I was supposed to provide the correct balance according to my calculations. I had checked the Equifax online dispute form option for "incorrect balance." Of course I argued that in my NUMEROUS court filings and discovery docs I had already provided Midland / MCM with the exact nature of the disputes and that it's not up to me to calculate the interest, but the judge didn't care. I'll be doing a lot of research over the next couple months once I got caught up with planting etc., but greatly appreciate any relevant cases.
  11. I have received a summons on Dec 9th from Midland stating count 1 Breach of Contract and count 2 Unjust Enrichment. They attached an affidavit from their legal specialist that included a bill of sale, assignment and billing statement from Citibank, (Best Buy) I did not submit an answer instead a MTD or in alternate Compel Private Arbitration with Jams also included exhibit of contract (Citibank) attachment, on the same day (Dec 24th) I sent a letter to attorneys for litigation waiver and election to arbitrate. I also sent a letter to JAMS electing arbitration with the Return Receipt from my letter to attorney. I received an answer Jan 6th stating that the attached cardholder agreement is Not relevant to subject debt or applicable to subject debt, that it is a random document.. Also defendant has not attempted to show how alleged agreement is admissable under AZ rules of Evidence. Exhibit cannot be authenticated for admissable, without exhibit defendant has nothing to establish debt was governed by arbitration provisions. They ask the court to strike my MTD and file an answer by a date certain at the discretion of the court. My question is if I have 5 days to answer their response.. If so I believe it is by this Wednesday, Jan 13th. What can I do to make my exhibit work to compel an arbitration. Do I need to file an "answer" to this going back to their first complaint filed. I am uploading the case filings. I have followed this forum for suggestions on court proceedings but at this time I need some help on what to do next? Any suggestions are appreciated. 4- Midland Resp to MTD.pdf 3- letter to execute arbitration.pdf 1-complaint.pdf 2- MTD Midland.pdf
  12. More information can be found here: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ Consent Orders can be downloaded here: http://www.consumerfinance.gov/administrativeadjudication/ Encore Capital, and their cohorts Midland Funding, Midland Credit Management, asset acceptance, and in a separate action Portfolio Recovery Associates (PRA) have been reprimanded by the CFPB. This includes paying restitution to some debtors which have been sued, or have paid on accounts to Encore, Midland et. al. and having judgments vacated. This will obviously raise the question: Can any of this information be used in your past, present or future collection actions taken against you. For those that can get their judgments vacated or get their lawsuits dismissed, the answer is a resounding yes. Let's discuss the potentialities of these two consent orders, and how it may affect CIC members.
  13. Okay...so now I am really confused. Should I be happy or concerned or ??? Last week I received a Motion for Dismissal which was written by the Plaintiff's Attorney that was mailed on 23 February. I was in court around the 10th of Feb where I managed to get the judge to take a look at the Encore Consent Order and felt this was the resolution of that case based on that hearing. Fast forward to yesterday, I received a dunning letter on the same account. Same attorney, same account, same amount, everything and it was dated 11 February but it was mailed on 25 February. I think at this point I need to get an attorney and seek out some FDCPA money...what am I missing? What does the team here think?
  14. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basically surrendering my rights and/or missing requested paperwork to support my case. Here is my TIMELINE: 2006 OPENED WF CONSUMER CREDIT CARD AS OVERDRAFT PROTECTION 2011 CC ACCOUNT WAS CHARGED-OFF BY WF in 2011 (CC limit was $4,500 but I'm being sued for almost $10K) 2011-2016 RANDOMLY RECEIVED STATEMENTS FROM MIDLAND (amounts varied from $7K to $13K) 11/12/15 JOHNSON MARK LLC SERVED COMPLAINT ONTO MY SPOUSE (I was not present on premisses, but it's still legal in UT) 11/18/15 COMPLAINT WAS FILED WITH 3RD DISTRICT COURT, UTAH 11/24/15 FILED MOTION TO DISMISS (based on SOL; as it is not an "instrument in writing" and falls under 4 years) 12/2/15 FILED 1st REQUEST TO SUBMIT FOR DECISION 12/10/15 RECEIVED PREMATURE FILING MINUTES 12/10/15 RECEIVED OPPOSITION TO MOTION (was dated 12/7/2015) 12/15/15 FILED REPLY TO OPPOSITION 12/15/15 FILED 2nd REQUEST TO SUBMIT FOR DECISION 2/16/16 RECEIVED ACCOUNT STATEMENT FROM JOHNSON MARK LLC IN THE MAIL (very basic info stating the whole acct #, ownership, balance, but no charge-off date) 2/16/16 CALLED JUDGE's CLERK TO INQUIRE ON STATUS OF REQUEST 2/23/16 RECEIVED NOTICE FROM COURT ON MOTION TO DISMISS (ruling scheduled on 3/07/2016) 3/7/16 JUDGE DECLINED THE MOTION AND EXTENDED 21 DAYS TO FILE THE ANSWER (SOL was denied, as judge agreed it falls under "instrument in writing"; 6 years instead of 4) 3/22/16 SENT LETTER SELCETING ARBITRATION TO JM AND MIDLAND 3/28/16 FILED THE FOLLOWING: ANSWER AFFIDAVIT MTC PROPOSED ORDER 3/28 - 3/31/2016 RECEIVED MULTIPLE PHONE CALLS FROM JM (to stop any phone calls, file CEASE & DESIST) 4/1/2016 AGREED ON SETTLEMENT - my original offer was $1500 when complaint was filed; JM's lowest was $7.5K - JM offered $2K, saying it's a stretch from original $7.5K - countered with $500, pointing out ARB fees and legal expenses - JM declined - JM called 30 minutes later accepting the offer 4/1/2016 RECEIVED SETTLEMENT PAPERWORK - JM lawyer sent AGREEMENT LETTER to my email (upon my request) - called JM lawyer directly to request: dismissal with prejudice, no transfer of debt, no 1099C - agreed upon everything but 1099 - as it is regulated by Federal Law - ordered cashier's check and went to meet up with JM lawyer - received SETTLEMENT AGREEMENT and SATISFACTION LETTER in writing - both parties have signed MOTION TO DISMISS (with prejudice) - received ORDER OF DISMISSAL WITH PREJUDICE - all docs mentioned: with prejudice, and each party bearing its own costs and attorney fees - received payment stub Thank you to everyone. This has been the best resource.
  15. I got served last year in the summer. Soon after I got a lot of letters from lawyers and truth be told, I was nervous and didn't know what to do, so I went to talk to one. She basically told me she can try to get it dismissed or at least lower it down, or she can get me bankruptcy since I admitted there were other open accounts, and it would probably benefit me more. I told her I would most likely go w/ the bankruptcy and to hold off Midland, she had me send in a denial statement (don't know what it's actually called). For a while I never heard anything till this past Friday, when I got served again w/ a Summary For Disposition. I haven't been able to get anything done on account of issues at home and financial problems. I'm not sure what to do anymore. And truth be told, I freaking out because I have no idea what it all means, and I know I don't have the money for any of this. If someone can at least explain what Summary for Disposition is, what are they going to be doing and what my options are, I'd greatly appreciate it. Maybe if I have some more knowledge on this, I'd maybe not be freaking out so much. Any help would be great. Please and thank you.
  16. Hi, I recently had an almost 3 year battle with Discover Bank dismissed with prejudice, I am looking perhaps for an attorney to bring FDCPA and other actions as there were many violations. Thank you.
  17. I was observing court yesterday out of town and watched an attorney try to submit posts from "a debtor forum" that showed the poster was getting information from the web on how to shirk his responsibilities. The defendant told them he didn't know what they were talking about...the judge asked the plaintiff how they could be sure...and the got a bit wishy-washy at that point. Ends up the judge refused the posts and admonished the PA to think before they try that again. Seems the defendant was doing everything long hand on plain paper....EVERYTHING. This guy was in his early 60s and told me computers "will get you in trouble". Then, he spanked the PA...he broke out copies of the CFPB ruling against Encore that an attorney provided him...and before it was over the judge told the PA "This is what has always bothered me about debt collectors coming in here with no real evidence and taking money from people." There may be some hope yet!
  18. Hello all, This is my first post. I have been sued by Midland in Oregon. At this time I don't want to post too much more info than that in case the attorneys are surveying this forum. First of all, thank you all for your informative contributions. As my case progresses, I hope to be able to contribute as well. Midland is suing for about 10k, if I MTC/stay for JAMS (it is allowed in my case), will they stay the course? I guess I am really asking for is what people think a "small" or "large" amount of debt is. Also, the fee section of my arb clause reads: Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. From what I can tell so far, the last sentence means that they can seek legal expenses in the arb award, that sucks, but fine. What I am still not sure of is whether they can try and get me to pay their arb fees if they win. For example, what is to stop the JDB from calling arb fees "other expenses"? JAMS comprehensive rule 31© (or streamlined rule 26©) reads: The Parties are jointly and severally liable for the payment of JAMS Arbitration fees and Arbitrator compensation and expenses. In the event that one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may award against any other Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration. This seems to allow for dumping the fees back onto the consumer. It seems there is some back and forth on this in this and other forums. Does anyone know of a case where a consumer was forced to pay the much larger JDB fees after losing contractual arb? Thanks!
  19. Hi, All. Midland has been harassing me with phone calls and settlement offers regarding an alleged credit card debt for some time now. I've never responded. They're also reporting on my CR and I'd like to find a way to get it off, particularly since they entered the start date for the purported account 4 years after the alleged OC default. I believe that they've avoided filing a lawsuit because in California, this alleged debt would now be about a year beyond the SOL. I've read elsewhere on the site that reporting on my CR without listing it as "disputed" may be an FDCPA violation. Can anyone confirm or disprove this? Thanks, H8spp
  20. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark LLC 3. How much are you being sued for? 4740.47 plus court costs 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA 5. How do you know you are being sued? (You were served, right?) Yep.. My 14 year old daughter was served with a summons to give to me 6. How were you served? (Mail, In person, Notice on door) My 14 year old daughter was served with a summons to give to me 7. Was the service legal as required by your state? I am not sure.. I didn't think it was ever legal to serve a minor 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? Absolutely none 9. What state and county do you live in? Colorado--Arapahoe 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? Not sure, that is part of my question.. the SOL for Credit Card debt is 4 years, Colorado is 6 years.. I moved to Colorado in 2013.. Prior to that, and the whole life of the Credit Card I lived in Idaho. My ex husband who was "awarded" the debt in the divorce still lives in Idaho. 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). Not sure.. Served for sure, the court date is 01/19 to enter judgement. 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? It doesn't say, it just says: IF you do not agree with the complaint, then you must either: a.) Go to the Court at the above address and at the above date and time and file the answer stating any legal reason you have why judgement shouldn't be entered against you, OR a.) File the answer with the Court before that date and time. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing ** Side note ** I am aware of this credit card. It was assigned to my ex husband in our divorce which was finalized in 2011, but we separated in 2010. This credit card was not used or paid on after we separated. It was a joint credit card, but I am the only one being sued.. I am thinking I have a good defense on it, but I am not sure how the rules on things work.. 1) I really want to know if the SOL will follow Idaho where the debt incurred or Colorado where they filed. 2) I want to know if it will stand where they are only suing 1 of the 2 people authorized on the joint credit card account and 3) If they can hold me responsible for credit card debt that was assigned to my ex husband in the divorce and a side note, if there is an issue that the process server served my 14 year old daughter.. Thanks~
  21. The last I have heard from LBN, since I dropped off my responses (here) to their Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents in late February of 2015, was on November 12th, 2015; a little over a week ago. It has "the following documents in the above-referenced case:" Billing StatementsBill of SaleField Data SheetInside is: 1) Are a bunch of Account Statements from Citi for about 8 months. These do not include the first statement of the account. Also, the last payment listed on these statements, from Citi, is 10/24/2008. It should be noted that in the Petition for Indebtedness they sent me is says, "3) the last payment posted to the account on 2010-03-01." I'm guessing they are using that date as some payment made to ASSET ACCEPTANCE, LLC. 2) A Bill of Sale from ASSET ACCEPTANCE, LLC to Midland Funding, LLC for the amount of REDACTED for all the rights, titles, and interests for the purchased accounts identified on Schedule A (the following page is titled Schedule A with a Purchased Accounts Files heading with REDACTED on it). It mentions files and records, from the sale of the account, contained in this sale... but all that stuff wasn't in my little packet. 3) The bottom says, "Data printed by Midland....from electronic records provided by Asset Acceptance, LLC pursuant to Bill of Sale/Assignment of Accounts transferred on or about 11/21/2013...". This sheet shows the original account number, last 4 SSN, name, address, open date (11-17-2003) charge off date (11-17-2009), last payment date (03-01-2010) and amount. There is nothing stating it requires a response or anything dealing with a/the court and ends with "If you would like to resolve this matter..." As far as the Oklahoma Court Network (online records for cases) shows, the last date on the docket was on 1-28-2015, for the Certificate of Service for the Req. for Admissions & Interrogatories (which I responded to- see the first sentence of this post). Should I file for a Motion to Dismiss or Motion to Compel? There hasn't been any activity, from their end, for almost 10 months. To be honest, I completely forgot about this whole thing...
  22. Let's get you all caught up. Midland Funding obtained a default judgement and garnishment. That was the first time I was even aware of the action. They filed in the wrong county. I motioned to vacate default judgment - improper venue, and won. Had my garnished wages returned. The case was then transferred to the right county. Midland filed a MSJ which was granted due to an inadequacy of my response. I filed a Motion to Reconsider which was granted...vacating the MSJ and setting trial. Midland filed a Motion to Vacate....which was granted on the day of trial - essentially reinstating the MSJ as originally entered. I filed a 2nd Motion to Reconsider which was denied. My basis for the motion was that Midland never proved they had standing to sue. Me thinks that that would mean the court never did have jurisdiction in the first place. Although NJ does offer post judgment motions, given the history here - i don't think that the judge would want to hear this case again. It's time for an appeal. As you can probably figure...the budget is tight. An appeal would cost $300 just to file the Notice of Appeal and then there's the transcript costs as well. In all probability I may have to file for bankruptcy - not solely based on this, but on the totality of my financial situation. Should I just go ahead and file for bankruptcy or give it just one last shot at the appeal. I don't yet know the implications of both a judgment and a bankruptcy on my credit...but as I said, I may have to do a bankruptcy regardless. Is there any benefits of attempting to avoid the judgment as well or should I save my money for the bankruptcy filing? Your thoughts are appreciated.
  23. 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?
  24. http://www.nclc.org/images/pdf/unreported/midland-v-edwards-12132013.pdf The Sonoma Appellate Division's decision in this case is a good read. Particularly in regards to CA CCP Sec.98 and the Declaration in Lieu of Testimony with attached documentary exhibits regularly filed by Midland and the other JDB's here.
  25. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up. It shows I owe $3200.00 but my credit limit was never over about $2600.00 and I had paid some of my balance down, so anything above that is all fees. I am a widowed mom of 3, and I don't have any income other than Social Security survivor benefits for one child and myself as guardian. And about $400 a month from a Government retirement account. I don't know if this makes a difference or not. I have looked through this forum and I have copied the letter that Texasrocker had posted in his #10 post. And I have read most of the forums for Texas and Midland on this site. I noticed the example I saw was a little different in the wording than mine in the Facts paragraph 6. Would the example letter posted still work? Paperwork I was served: 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.) Rausch, Sturm, Israel, Enerson & Hornik, LLC 15660 N Dallas Parkway, Suite 350, Dallas, Texas 75248 3. How much are you being sued for? $3203.33 4. Who is the original creditor? (if not the Plaintiff) Sears 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) 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? Texas, Wise 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2 1/2 years ago 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). I couldn't find anything for our small court online. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days from serve date which was 8/14. I have been trying to post but this site wouldn't allow me. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Don't see anything
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