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  1. A few years ago, T-Mobile billed me for an unreturned handset, for 300 and some odd dollars. I disagreed. A month and half before, I called them letting them know my handset wasn't working. It was still under their warranty, so they agreed to exchange it free of charge, however they required I return the faulty handset within 7 or so days of receiving the new one. I got the new phone, but no packaging materials. I called them letting them know that I couldn't return the old handset until I received shipping materials. They apologized, said they would send me the shipping materials, and extended the time it was due another two weeks. After a week or so, I left for a two month assignment in another state for my job. I hadn't received the shipping materials yet, and called T-Mobile informing them I hadn't received it, but was going out of town, so I wasn't sure that I would be able to get out the handset by their deadline. The agent I spoke with said she would make a note of it. My assignment only permitted me to come home on the weekends, if we weren't busy. I did make it home one weekend, found the packing materials and took it with me so that I could mail it off when I had time during the week. I mailed it off about a week after I got the packing materials. But a day or so later, I received a letter at my new address from T-Mobile (I had my mail temporarily forwarded), saying they were charging me for the handset. I called immediately speaking with a rude agent, who seemed to take it personally that the handset wasn't returned within the original 7 day time frame. I explained the situation to her, but she was not moved. According to her, T-Mobile gave me sufficient time to return the handset, even accounting for their gaff of not mailing the shipping materials, and she didn't see an additional extension of time. I said "Well, you can't charge me for the handset, I sent it to you." She insisted it does not matter and they were charging me anyways. I said I wasn't paying for a broken handset, that I returned to them. Then, she told me if I didn't pay, they would shut off service for my phone. Pissed, I say "OK" then after getting off the phone immediately call Verizon and have my line transferred from T-Mobile. Eventually T-Mobile sent me a bill for the handset and the cancellation fee, plus some other extraordinary fees making my bill to them nearly $1,000. Obviously I don't agree to any of this ish, and I felt I was forced to switch services given their stance on the charge for the handset. Within a month or two , they transferred my bill to Midland, who have called me incessantly. I told one agent "I didn't agree with T-Mobile that I owed the money, why on earth do you think I'm going to pay YOU?" Midland reported in 2012 sometime, so it is about two years old. How should I go about getting it removed?
  2. i am sending a ccp 96 to midland/asset who changed their attorneys case was started by fulton, friedman, and gullace, and in the spring i got a letter from MCM (midland credit management) saying that they were taking it internally, and all correspondence should go to their po box in warren michigan they shortly thereafter filed a substitution with the court and listed an attorney at midlands snyder/harris/brown/mcelroy office in san diego who should i serve? the lawyer on record with the court in san diego? the po box in michigan? both?
  3. Hello. I need a little help. I am being sued by Midland in PA for two different items in December. I checked my credit report and there is a 3rd item I have with them but I have not received any notice of a lawsuit for that. I'm not sure what to do. The first two are on different dates, two weeks apart. The total of all the items together is a little over $3,000. I've already entered my intent to defend myself with the magistrates office. I'm not sure what to do..... if I win the first will there be any chance of winning the second or possibly third? I don't know if I should call them and try to settle. I could use some advice guys. Thanks in advance.
  4. Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/
  5. I received a Civil Citation for a Debt Claim Case. I am disabled with Social security as my only income. I read in Midland's Consumer Bill of Rights Article 3. b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. I also received a letter yesterday from them asking me to call them. Since I have never made any contact with them, I am concerned that if I do call them it will re-age the account. I am tempted to contact them about what I discovered from their website but I don't know if anyone has had success with them honoring their Bill of Rights. Anyone? btw, it appears that they are still trying to personally serve me...Constable at my door today.... ANY HELP WOULD BE APPRECIATED Below is the info from the lawsuit. 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.) 4 Attorneys listed as Attorneys for Midland FUNDING LLC with a P O BOX address in TX. 3. How much are you being sued for? approx $8,200 4. Who is the original creditor? (if not the Plaintiff) CHASE BANK USA N.A. 5. How do you know you are being sued? (You were served, right?) A Citation was posted on the front door of my home by person from Profession Service Process 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Do not know. They had asked for alternate service as they had been unable to serve me before and the alternate service options stated 1). mailing a copy and delivering a true copy to anyone above age 16 at the address or 2.) mailing a copy of the citation by first class mail and attaching a true copy to the front door/entry way at the address 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? FORT BEND, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) To the original credit card company, about May 2010 or before (no later than 5/2010 as per the credit report. - it shows 30 days late in 6/2010). Petition was filed end of June 25, 2013. 11. What is the SOL on the debt? 4 years in Texas (from last payment date) 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). 7/1/2013 Original petition 7/17/2013 Citation 7/23/2013 Civil citation service - unserved 6/27/14 Order for substitute service 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. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I received as follows: 14 days. Citation was posted on 9/15. 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 copy of the 11/2010 statement
  6. Hey guys, here is the background of my case...with some questions that I would like you people to throw some light on 1) JDB midland suing for 2500 dlrs sent me summons , I responded back denying with affirmative defenses 2) Did the discovery ( still awaiting reply from them) , responded to their rogs. 3) I asked them for proof of debt and they asked court for 90 days for it. 3) I did not counter sue, should I ? can I still do ? 3) Now I am nearing my first court date and would like to know if I am missing anything here? 4) What can I expected on my first court date , like what it will be like on the first date, questions judge can ask me or their lawyer can ask? 5) if their lawyer does not show up , how to go about motion to dismiss? 6) What are the next steps for after the first court date? what happens after that
  7. I have been served with a Petition for a suit by Midland Funding and I am reading through these posts for help with my answer, but it seems that the "Plaintiff's Original Petition" that I was served does not appear to look like the ones I am finding on this forum. ( I know this is the same line as in another post but it applies to me as well.) I have been served a Citation from Midland which requires a response by today. I have been doing research but just found this forum around 10 PM last night. From the Citation it appears to be a petition to get me to court for Discovery and has very little of the accusations shown in other forum question documents. The documents do not include the last four numbers of either my SSN or Texas DL. There are no affidavits or bills of sales attached either. I have to drop off a reply by 4:30 today. It won't take long to write up but I'm asking if I should respond line by line as suggested in other posts and should I include the PLEA TO THE JURISDICTION as suggested by texasrocker in post http://www.creditinf...y/#entry1303627 Item # 7? Here is the link to the documents for viewing. http://www.mahahual-...om/CITATION.pdf
  8. On sept 8th I was served for a suit filed by Suttell and Hammer for plaintiff Midland Funding LLC for a debt they bought from Citibank (South Dakota) - Home Depot. The account was charged off and sold some years ago and my best records indicate a last payment to HD in February 2010. Suit filed in Pierce County District Court. Case no. 752497. The cover sheet says amount of suit is $5142.53, but summons said $4942.53 is the sum for the judgement. I need to respond to the summons and complaint within the next 8 days, but am having a hard time finding an attorney that has the time, so I have 2 questions. 1. Since the amount sued for is less than $5k, can I force this into small claims court, and if so, would that benefit me? 2. Since I am running short on to to respond to the complaint and summons, is it OK to simply file the notice to appear and not the Answers, or will that cause problems down the line? I'm afraid of putting in defenses that could get me in trouble or not listing some I should and thereby keeping myself from using them in the future. As an aside, what is the defense called where they are asking $1,000's for a dept they likely paid 100's for. I read it elsewhere but cannot find it now.
  9. Hi, I beat the MSJ and was sent these Interrogatories to answer. Need help with answering. Also, I would like to send them some of my own for discovery. Can anyone assist? STATE OF INDIANA ) IN THE MADISON CIRCUIT COURT DIVISION 5 ) SS: COUNTY OF MADISON ) CAUSE NO. MIDLAND FUNDING LLC AS SUCCESSOR ) IN INTEREST TO URBAN TRUST BANK AS ) ISSUER OF SALUTE VISA GOLD, ) Plaintiff, ) ) vs. ) XXXXXX, ) Defendant. ) PLAINTIFF’S WRITTEN INTERROGATORIES TO DEFENDANT Pursuant to Indiana Trial Rule 33, Plaintiff, Midland Funding LLC as successor in interest to Urban Trust Bank as issuer of Salute Visa Gold (“Midland”), serves upon the defendant, C and requests that C within thirty (30) days of the date indicated on the Certificate of Service, (i) respond in writing to the following Interrogatories, and (ii) provide such responses to the offices of Bowman, Heintz, Boscia & Vician, P.C., 8605 Broadway, Merrillville, IN 46410. Instructions for Answering 1. Where an interrogatory calls for an answer in more than one part, the parts should be separated in the answer so that they are clearly understandable. 2. The words “you,” “your,” “Defendant,” etc. refer to the defendant in this cause of action, C. 3. You are reminded that all answers must be made separately and fully and that an incomplete or evasive answer is a failure to answer. 4. You are under a continuing duty seasonably to supplement your responses and/or and prior responses pursuant to Indiana Trial Rule 26(E). INTERROGATORIES 1. XXX’s “Sworn Denial on Account” states, “This is not a valid debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 2. If your answer to Interrogatory No. 1 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 3. XXX’s “Sworn Denial on Account” states, “This is not my debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 4. If your answer to Interrogatory No. 3 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 5. XXXl’s “Sworn Denial on Account” states, “I did not sign a contract to be responsible for this debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 6. If your answer to Interrogatory No. 5 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 7. XXXX’s “Sworn Denial on Account” states, “I did not sign a contract with this plaintiff.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 8. If your answer to Interrogatory No. 7 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 9. XXXX’s “Sworn Denial on Account” states, “If I am responsible for this debt, the amount sued for is incorrect.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 10. If your answer to Interrogatory No. 9 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 11. XXX “Sworn Denial on Account” states, “If I am responsible for this debt, it is barred by any applicable statute of limitations.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 12. If your answer to Interrogatory No. 11 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 13. State your full name as well as any prior names you have used, your date of birth, your social security number, your marital status, and the name of your spouse. ANSWER: 14. (a) State your current residential address. ANSWER: ( State how long you have lived at your current residential address. ANSWER: © State all of your prior residential addresses from June 25, 2007 through the present. ANSWER: 15. (a) State your current mailing address. ANSWER: ( State how long you have received mailings at your current mailing address. ANSWER: © State all of your prior mailing addresses from June 25, 2007 through the present. ANSWER: 16. Have you received any bills, statements, or other correspondence from Urban Trust Bank or Salute Visa Gold concerning account number XXXXXXX? ANSWER: 17. If your answer to Interrogatory No. 14 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 18. Have you received any bills, statements, or other correspondence from Midland Funding LLC concerning account number XXXXXX? ANSWER: 19. If your answer to Interrogatory No. 18 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 20. Did you ever dispute any matter concerning account number XXXX with Midland Funding LLC, Urban Trust Bank, Salute Visa Gold, or any other entity since June 1, 2007? ANSWER: 21. If your answer to Interrogatory No. 20 is anything other than an unqualified “No,” then for each and every such objection, please set forth the following information specifically and in detail: (a) Was the objection in writing? If so, please identify the writing by setting forth its date, title, and a summary of the contents. (You may, instead, attach a copy of the writing.) ANSWER: ( If the objection was not written, please state the date of the objection, the name of the person to whom the objection was made, the mode of communication (i.e., by telephone, in person, etc.), and the substance of the subject conversation. ANSWER: 22. Please state the following: (a) The name of each depository financial institution or bank with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Depository financial institution” is defined at I.C. § 28-9-2-6, and includes, but is not limited to commercial banks and credit unions. ANSWER: ( The account number for each deposit account, financial institution account or bank account with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Deposit account” is defined at I.C. § 28-9-2-5, and includes, but is not limited to savings accounts and checking accounts. ANSWER: 23. Please state all of your employers, employers’ addresses, and terms of employment from June 1, 2007 through the present. ANSWER: 24. Have you asked for assistance from any persons concerning the nature of Plaintiff’s discovery requests or to prepare responses to Plaintiff’s discovery requests in this litigation? ANSWER: 25. If your answer to Interrogatory No. 24 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: The name, address, and telephone number of all responsive persons. ANSWER: 26. Describe your educational background and professional qualifications. Please include the names and addresses of all high schools, colleges, universities, post-graduate schools, and training programs that you have attended; the dates of graduation and the degrees or qualifications you receives; and any professional licenses or certifications that you hold or have held. ANSWER: 27. State the names and addresses of all persons that you propose to call as a witness to testify at the trial in this litigation. ANSWER: 28. Please provide a detailed description of all documents and/or other evidence that you propose to introduce at the trial in this litigation. ANSWER:
  10. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP. 3. How much are you being sued for? 1,500 4. Who is the original creditor? ( if not the Plaintiff) CitiFinancial 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 12 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? Request for debt valitity but did not keep copies. Other than that none. 9. What state and county do you live in? GA, Cobb County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Statement of claim served Mar 12. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, only with JDB. 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. Yes, but stupid me didn't keep proof.
  11. I believe I've become the poster child for making sure you have all your deadlines written down do you won't miss any of them. I have a trial date coming up with Midland in California in less than a month, and completely forgot to send them my CCP 96 demand. I'm not sure if this means my case is a total loss. Midland is suing me for roughly $7,000. My husband has phoned them on a few occasions and has gotten them to agree to accept a settlement equal to about 60%. It's still a lot of money, so I'm not sure if I should pay up and be done with this. The funny thing is that I've never spoken with Midland by phone, nor have I given them permission to discuss the account with my husband. I'm not sure if they've broken some laws that would be worth a countersuit. Because I missed my opportunity to send a CCP 96 demand, I'm wondering how this will affect my chances in court. My defense is that Midland is not the legal owner of the account. The account has changed ownership twice, and they've only provided copies of documents that state a group of accounts were purchased, not my specific account. (I'm sure the documents are typical of what others on this forum have received.) Any advise or words of wisdom? I really could use some input. Thank you.
  12. Ok so I had this debt validated last year and am trying to figure out how to remove it from my report. I have seen other people on other forums handle them by sending ITS and claiming that just about everything they reported to the CRAs is in violation. Below is a screen shot of the TL. They claimed it worked to point out that the way it was reported was a violation of section 807 & 808 i.e. listing the terms as 1 month so that Experian keeps adding KD every month until it drops off is a violation I have no contract with MCM to pay this on a 1 month term and by them reporting it this way was to cause as much damage as possible, or how its listed as an open account on two of the CRA when I have no contract or agreement and this type of account could not be an open account like it is with a credit card. Anyways is there any truth behind this? Could I push hard to get this removed based on the way they reported it? If not what are my other options? Oh and this debt is now past the SOL for Texas. The original FTP was reported by the OC on billing statement as 8/2009 Thanks
  13. I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you. Bellow is the copy of the affidavit Affidavit of indebtedness Kassy Schlichting, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf. 2. I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following: 3. MCM's records show that the defendant(s) owed a balance of $1198.04 as of 2014-03-05. 4. On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21. 6. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct. Date MAR 14 2014 signed by Kassy Schlichting STATE OF MINNESOTA COUNTY OF STEARNS signed and sworn to (or affirmed) before me MAR 14 2014 by Kassy Schlichting. Notary Republic signed it my commission expires Jan 31, 2018
  14. Informative read for anyone arguing against Midland's or any other JDB's affidavits, or is a member of the class affected by this proposed settlement. 32 state attorneys general filed on April 16, 2014, an amicus curiae brief objecting to the revised proposed class settlement for Midland's use of "robo-signed" affidavits in Vassalle et. al v Midland Funding LLC, 708 F.3d 747, 760 (6th Cir. 2013). [You may recognize this as Class Settlement Agreement, Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961 (N.D. Ohio 2009)] http://www.michiganconsumerlaw.com/ags-vassalle.pdf "The Attorneys General of Illinois, Alaska, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, New York, New Jersey, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Vermont, Washington, and West Virginia (“Attorneys General”) urge this Court to reject the revised proposed class settlement, which is a thinly veiled attempt to revive the original settlement, which was rejected by the Sixth Circuit. Like the original proposal, the revised settlement provides no meaningful value to unnamed class members, and, in fact, it leaves them in a significantly worse position. In exchange for approximately $10 each, class members lose their right to pursue valuable claims under state and federal law. While class members technically may challenge Midland’s “robo-signed” affidavits, they lose the statutory right to attorney fees that makes it possible for them to do so. Worse still, the form affidavits approved by the Special Master, which are central to the relief provided under the revised settlement, are based on a misunderstanding of Defendants’ business practices and would authorize affidavits that violate both the Federal Rules of Evidence and the laws of multiple States. The revised proposed settlement therefore is not in the public interest and should be rejected." Objections to Revised Settlement filed by the class action objectors' attorneys:http://www.michiganconsumerlaw.com/Objections-Final.pdf"The parties have attempted to ameliorate the first of these deficits by permitting individual class members to challenge the default judgments taken against them. But as set forth in section I above, while the parties have provided this remedy, they have also impaired the ability of class members to take advantage of that remedy by stripping their ability to use fee shifting statutes to find counsel, denying them access to necessary evidence, and removing their ability to move collective to set aside these judgments. In reality, they provided a remedy, but so severely crippled it as to render it empty."
  15. If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it. However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons. It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser. We can help in some cases and there is no charge to ask us questions. We operate off of attorney fees and fees we derive for statutory violations.
  16. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? *Private* 3. How much are you being sued for? ~$10XXX.XX 4. Who is the original creditor? CHASE BANK USA N.A. 5. How do you know you are being sued? Served by Process Server 6. How were you served? 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? Never heard of them 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? 4 Years. Still in SOL according to documents. 12. What is the status of your case? Suit served? Motions filed?. Served. Need to file Answer. HELP! 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. Wasn't aware of them and never received any certified mail from them. I don't answer calls from blocked numbers. No voicemails were ever left. 15. How long do you have to respond to the suit? 10 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copy of a Final Chase Statement Hoping to get some GREAT feedback and keep my info generic in order to not unknowingly feed the "other" side. I don't have $$ for attorney, so will start Pro Se. Found a great template for Defendant answer. Looked up similar cases in my county and really cringe at all the defult no-shows. I'm not going to be one of them. I've represented myself before on unrelated legal matters, but will tag an attorney once I know I'm over my head.....or Midland decides to stop losing money on me. My intent is to respond with a general denial instead of point by point. Do I increase my chances of them losing interest if I deny with affirmative defenses? I need to get an answer filed by Friday, 3/1. I commit to helping others once my case is resolved. I'm a lifelong learner. "MyOwnLawyer"
  17. Hello Everyone! Like so many, I'm being sued by Midland Funding. I would appreciate any help you all can offer. The process is overwhelming and I could definitely use the support. I've completed the questions below and have also included my Answer. One thing to note with my case: It took them 3 1/2 months to serve me so the courts entered a Pending Dismissal pursuant to Rule 4(i). That's why I did not file an answer right away. Does anyone think this makes a difference now? Is dismissal still possible?? Thank you very much for your time!! You all ROCK!! (No pun intended with the Gem Show in town!) 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Jerold Kaplan Law Office 3. How much are you being sued for? $7,564.00 plus fees/costs/interest 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes, served on 12/30/12 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? Pima County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2008 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? a) Complaint filed: 09/18/2012 Notice of Impending Dismissal Pursuant to Rule 4(i): 12/18/2012 c) Served In Person: 12/30/2012 d) Application Default: 01/30/2013 d) Entry Default Judgment: 01/31/2013 All of this information is also on the Pima Justice Courts website. 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? This is the exact wording on the Application and Affidavit of Default that I received in the mail: Unless an answer of response is filed within ten (10) days from the filing of the Application, the Default will become effective and the entry of a Default Judgment will be requested. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a) Affidavit CC Agreement MY ANSWER Defendant, appearing Pro se, replies to the complaint of the plaintiff, Midland Funding LCC as follows: All answers correspond to the numbered paragraphs of the complaint. All allegations of the complaint are denied unless expressly admitted herein: Answer to paragraph one of complaint: The defendant admits to being a resident of Pima County, State of Arizona. However, the defendant denies the rest of the allegations made in paragraph one because the defendant has insufficient evidence to determine whether the statements being made are true or false. Answer to paragraph two of complaint: The defendant denies all of the allegations made in paragraph two by Midland Funding LCC and/or their attorney(s) Jerold Kaplan Law Office because the defendant has no knowledge of who Midland Funding LLC is and no recollection of the alleged debt. Defendant prays this case be dismissed along with any further relief the court deems just and proper and with costs adjudged to the Plaintiff. I certify under penalty of perjury that the foregoing is true and correct. By the Defendant acting Pro se Dated Signature Defendant CERTIFICATE OF MAILING I CERTIFY that I have mailed a copy of this ANSWER on this same day to Jerold Kaplan Law, (plaintiff’s attorney), on and Pima County Justice Courts. Dated Signature Defendant I've already used the information from other posts; Thanks again!!!
  18. I have just been sued by Midland in GA and just filed my answer last week. Is there anything I should do before the court date? Should I send Midland a discovery letter before the court date is sent? I will also likr to know if there is any violation from Midland with the way I was served. The lawsuit was left at my door by the service company. Is this right? Can someone also refer me to an affordable or pro bono lawyer. Any help and information will be appreciated. Thanks.
  19. Hello all. First off; I just want to say that what you people do here is really great. Thank you. I am being sued by Midland Funding. I answered the complaint. Now they have sent me a "request for admissions" and "interrogatories". So much information out there- even on this site. Thought that since my case was unique, I would post questions and see if I could get some help. I do not remember this alleged debt, and am positive it did not occur within the last 5 years. In my response to the complaint, I denied everything (except that I was a legal entity). At the end of the answer I listed affirmative defenses as "failure to state a claim", "lack of legal capacity", and stated that "Based on the lack of information provided by plaintiff concerning alleged debt, defendant cannot properly respond with affirmative defenses at this time. If allowed by the court, the defendant reserves the right to use future affirmative defenses, if applicable; such as Statute of limitations or others that may be applicable when or if proper documentation is provided by Plaintiff". Now for Midlands Request for Admissions: (In the first paragraph they state I have 30 days to provide written responses, or the facts, the truth of which is requested, shall be deemed admitted) Request 1: Plaintiff is a banking association existing under the laws of the United States. (same as in complaint-I agreed to this in my answer by mistake) Request 2: Defendant is a resident of Gage County, Neb. Request 3: That Defendant entered into a contract under the terms of which a credit card was issued to Defendant by Plaintiff and that Defendant was extended credit by plaintiff's assignor CitiFinancial, inc. Request 4: That defendant did purchase goods and/or services on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 5: That defendant did obtain cash advances on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 6: That there is a balance of $$$$$$, past due and owing to the Plaintiff, representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract. Request 7: That plaintiff is entitled to interest at the rate of 0% per annum, ($0 per deim). Request 8: That due demand has been made by the Plaintiff upon the Defendant more than 90 days prior to the Plaintiff's original complaint. Request 9: That the defendant is not a member of the armed forces of the United States or its Allies. Request 10: That the defendant has no affirmative defenses to Plaintiffs' complaint. Request 11: That defendant admits all allegations contained in Plaintiffs complaint. Then on a separate form was INTERROGATORIES (so do I respond "ANSWER TO INTERROGATORIES" and "ANSWER TO REQUEST" on separate documents?) INT No. 1: State your name Response: INT No 2: What is the address of your place of residence? Response: INT No 3: Please state the name and address of any and all financial institutions, banks, credit unions, or delayed deposit services utilized or patronized in the past five years by the Defendant, including, but not limited to institutions holding checking, savings, money market or certificate of deposit accounts or behalf of the defendant. Response: INT No 4: Did you make any payments to the Plaintiffs Assignor, CITIFINANCIAL? Response: INT No 5: If so, as to each payment state: -A. Date, B. amount, C. manner of payment, D. whether you have a receipt, E. will you attach a true copy of same to your answers herein without the necessity of a motion to produce? Response: INT No 6: If you deny owing the balance the plaintiff claims due from you in its complaint, please state: A: Basis of denial. B: The amount you admit owing to Plaintiff and the calculation you have used. Response: INT No 7: Did you respond to the negative to any part or portion of Plaintiff's request for admissions herein? If so, as to each negative response, set forth fully each and every fact on which you rely in support of your response based on your personal knowledge and experience the above matter and all records that you have material thereto. Response: Deadline is 30 days after service. Any help I would appreciate.
  20. I was served on Friday. I'm not sure what the best way to proceed is. 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.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 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) Sheriff a served the docs. 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? PA, Northampton County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2012 11. What is the SOL on the debt? To find out: 6 years? 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit was served Friday 05/09/14, response required within 20 days. 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, docs attached. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, Account Statement, Complaint ....... I've attached the docs that were delivered to me. Hopefully I've successfully taken out all of my personal info. How do I best answer each of the points on from the 'Complaint' sheet? According to the docs I have 20 days to file a response to the court. I would consider settling in order to put this matter to rest. When would be the best time to settle? Should I contact Midland or their Attorney? Should I hire an attorney to help? Thank you in advance for any help that you can provide.
  21. Hi All, I had been fighting Midland and Stillman for a few months when I discovered this forum today. I had my motion to strike their bogus affidavit denied in court today and I'm wondering what my next steps should be. 1. Who is the named plaintiff in the suit? Midland Funding LLC Assignee of GE Money Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman Law Firm 3. How much are you being sued for? Around $900 4. Who is the original creditor? (if not the Plaintiff) GE Money Bank 5. How do you know you are being sued? (You were served, right?) Received a noticed of default judgement forwarded in my mail 6. How were you served? (Mail, In person, Notice on door) Was never served, although a process server provided an affidavit to the contrary 7. Was the service legal as required by your state? No, the process server stated he served me personally, but I moved from the address two weeks prior to when he said he served me. Not so coincidentally, it was supposedly on the very last day the summons would have been valid. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Michigan, Wayne County -- Oakland at the time of Summons and Complaint 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by 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). Default judgement granted, motion for dismissal of default judgement granted "process servers lie" says the judge, he also said I had 21 days to answer, I did and also filed motion to strike affidavit of MCM employee attached to complaint, motion to strike denied today, now going to pre-trial. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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? Already answered, waiting for pre-trial notice. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Summons and Complaint, affidavit of MCM employee claiming to have personal knowledge of MCMs accounts.In response to my motion to strike, they sent a brief stating that the affidavit was not evidence, but merely an attempt to establish a prima facie case and without it they would just have to prove their case in the usual way. During my hearing today the judge said that he liked where I was going when I told him that I wanted to strike the affidavit because they had no standing to sue, but that they were right about the affidavit not being evidence and that he would have granted my motion to dismiss if I had filed one instead of that motion. Now I'm wondering if it's too late to do that now that it's going to pre-trial. I was all prepared to request discovery knowing that they don't have squat from the original creditors when I 'discovered' that Michigan doesn't allow discovery in small claims until judgement or at the judge's discretion (I asked him about this in court and he basically said no, that comes later). I've done so much research, but now I'm not sure what to do next. Advice anyone? Thanks in Advance
  22. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx There is now due and owing to the pantiff the amount $1xxx.xx In addition, plantiff is entitled to recover interest from the date of judgement at legal rate 5) further equity requires defendent to pay the value of the benefits received DEMAND A damages to be paid in the amount of $1,xxx.xx less payments made B interest from the date of judgement at legal rate. C for costs of court both pre and post judgement D any other relief as the court deems equitable. That is all they sent. a cover letter with the court address and explination that i have 20 days to respond. I only have 3 days left,needing something out today. i do not have any records of this account to verify. my credit report does reflect a charge off from capital one, no amount given, opened in 2007 and last UPDATED in 2009. the last 4 digits on account are not listed so it does not confirm it is the account midland is referring to. no idea when last payment was, but my bank account records that i currently have don't show any paayment for at least 5 1/2 years. would have to really dig to go longer, but my assumption is if i had made a payment within 6 year mark, it is by a matter of possibly weeks, if not over the 6 years. Utah law is 4 years SOL on open-ended accounts which should include credit cards. utah code 78B-2-307 Some judges opt to validate the 6 year statute code 78B-2-309 citing that it is considered a written contract, and gets 6 years. there is other informarion that it shouldn't be a SOL of 6 years, but i have read all jdb in the state fight the 6 years and despite legal definitions by the state, judges often side with 6 years so it seems to be luck of the draw over letter of law. So my main concern in my general denial is wht to put in my affirmitive defenses? I know i am cleared for the 4 year, and is very possible i am even cleared for the 6 year, but it would take time i no longer have to find out for sure. Should I list SOL in my affirmative defenses now, or should i wait for discovery? Best template for response appreciated. if i wait for discovery, how should i word my response now to allow that to be brought up during discovery? Some say if you dont bring it up in your response, then you cant bring it up later.... Also, anything else you would list in affirmarive defences? Would love input ASAP as i have about 24 hours Thank you in advance! Only idea i have so far is the general denial to paragraph items 2-5
  23. As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'Sale of Debt after 1/1/14' and subject to California's new Fair Debt Buying Practices Act? Doesn't sound like it but I'm open to all remedies. -they requested that if i had filed an answer with the court that i should forward them to midland - I imagine I'm not obligated and its their problem to acquire any documents filed with the court that have been properly served to Asset? -back of letter has standard dunning 'Unless you noitify MCM within 30 days after receiving this notice that you dispute the validity of the debt, MCM will assume this debt to be valid. If you notify MCM, in writing....that the debt is disputed, MCM will obtain verification of debt or copy of judgement and mail you a copy - I know i normally wouldn't DV in an active lawsuit, but am i affording myself any extra options by doing it here? thanks
  24. I am being sued by Midland in NY for credit card debt they claim they purchased from Chase.Since I originally applied for and got the card from Bank of America, who then sold the account to WAMU, who then sold it to Chase, is Chase now considered the orginial creditor according to NYS law? Does Midland have to establish this chain of ownership in order for its assignment from Chase to be valid? I confess I no longer have any of the old statements or paperwork from BOA or WAMU. I have found a case I think may establish a helpful precedent for me, Chase Bank v. Gergis. The facts of the case as well as the parties are similar to mine, but I think most importantly, a witness in the Gergis case named Martin Lavergne, a Chase employee has sworn an affidavit in my case to the effect that the account records and assignment are accurate because he has knowledge of how these records are kept and maintained in the regular course of business. In the Gergis case, the court found there was no foundation for that claim since some of the records were not collected or maintained by Chase, so Mr. Lavergne could not have had any knowledge of them. My question is whether I can cite this in my own case, or whether I have to establish all over again that Lavergne's assertion cannot be true. In the Gergis case he was produced as a witness. I'm just dealing with an affidavit. Does that matter? Also, the attorney for Midland claims that they do no have to produce the original credit card agreement. Is this true? Does anyone know where I can get a copy of the CPLR or McKinney's? I will have to proceed pro se. I'm flat broke and cannot afford a lawyer. Any help deeply appreciated! I'm completely at a loss as to the correct procedures.
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