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  1. I received a letter from Midland Credit Management today concerning a JCPenney credit card account I stopped paying after I lost my job in 2010. The balance on the account is more than $7,000, including Midland's fees. Last summer I sent a letter to Midland asking them to provide verification of the debt after I saw the account on my credit reports. It took seven months to receive their reply which included a copy of an old statement from 2010 showing when the account was charged off with a balance less than $6,000. I no longer have a copy of my credit card agreement. I also don't recall if the card was originally issued by MCCBG or GE Money Bank. (I'm not sure if this matters). The GE Money Bank agreements I found online for 2012 and 2013 state they're governed by Utah state law. I couldn't find an old agreement online for MCCBG. I'd like to know what my next step should be. Should I write back to Midland to say the information they sent wasn't sufficient? Are there any specific documents I should request? The last thing I want is for this to turn into a lawsuit. However, I have no way of paying even half the amount they are demanding. Moreover, if Utah is the governing state, the statute of limitations is six years. This leaves more than two years on the meter. Argh! Any help would be appreciated. Thank you.
  2. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  3. Hello everybody, I'm asking this question for a friend, because I don't know the answer. She is being sued by Midland for less than $1,500, and has already elected arbitration prior to even answering the lawsuit. Midland of course has ignored her electing arbitration and has propounded discovery. How does a person respond to discovery without waiving their right to arbitration? Also, she has already set up a motion date for her motion to compel but that isn't for two more months, far after her allowed time to respond to discovery. Perhaps @calawyer can chime in here, as well as anybody else familiar with Cali and arbitration. Thanks in advance!
  4. Sued by Midland . Sent original response as general denial. Requested the following in official vaidation Request 1. Original account application with my signature for this alleged debt . 2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits . 3. Provide proof of debt ownership including how much this debt was purchased for . 4. provide proof of the date in which alleged charges first became delinquent. Midland sent me a collection type letter about 3 weeks ago with a redacted bill of sale . Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer? If so, is there a time limit for which this has to be done ? Funny thing , the cover letter sent with this was signed " Very Truly Yours" is this supposed to be a joke ? Are they seriously trying to intimidate me by using accusitory language? Thanks "G"
  5. I am preparing to head to court today in response to a lawsuit filed against me by Midland Funding. I have read a number of postings here and at other places, but of course, this is the first time for me going into court to face a JDB, so very nervous. Before the court date, I filed with the court my Answers to the JDB. Following the advice I found, I never admitted to anything at all. The only thing I admitted to was the address they had for me was correct. I will be in court and I know never to admit to anything and to challenge everything they say. I understand also not to sign anything they the JDB says I need to in order to talk with them. What should I bring with me? Discovery request? Or am I waiting for a trial date to be set? Thanks for any help, it is a scary time.
  6. 1. Who is the named plaintiff in the suit? Spouse 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Love, Beal, & Nixon 3. How much are you being sued for? $2,715.86 plus fees 4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services / Webbank 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Person Delivered Summons 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? rec'd 2 letters, ignored 9. What state and county do you live in? Oklahoma 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown, Webbank/Dell does not show on Experian, Equifax required written report request, Transunion blew up while attempting to print report, can't pull again. 11. What is the SOL on the debt? To find out: 3 years on open accounts, 5 years on written. This forum and other personal contact seems to indicate 5 years for credit accounts. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Petition filed and certified by court clerk on June 29, 2012. Served on July 8, 2012. No answer submitted yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?Answer due to court within 35 days after service of this summons upon you exclusive of the day of service? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 17. Read this article: Read it. I was served a 3 page document notarized and signed by the court clerk on June 29, 2012. On July 8, 2012 I recieved the summons by courier? at my house. This document does not look like any of the previous summons that I've seen on these forums. It's very odd. [page 1] IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) SUMMONS To the below-named Defendant: Name: Address: Wife's Name Our street City: Our City State: Oklahoma Zip Code: Our Zip Home Phone: My home phone "You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the office of the court clerk of <COUNTY> County located at <address>, within thirty-five (35) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff. Failure to respond , in writing, within thirty-five (35) days, will result in default judgment being entered against you." BOLD: "No request will be made to the Court for a Judgment in this case until the expiration of 35 days after you receipt of this Petition and Summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with receipt of the Petition and Summons, all collection efforts, including our proceedings with this lawsuit, will cease until we respond as required by law." Issued this 29 day of June, 2012 Court Clerk By <signature> Deputy Court Clerk Love, Beal & Nixon, PC Attorneys for Plaintiff <Address> This summons was served on the 8 day of July, 2012 [Handwriting is atrocious: 8 is barely legible, 2 is supposed to represent July and \ is 2012...]. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY SUCH MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STATED IN THE SUMMONS. [page 2] June 26, 2012 <law firm's case no.> IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states: 1. Unless you, within 30 days after recept of this notice, dispute the validity of the debt, or any portion thereof, we wil assume the debt to be valid. If you notify this law fir, Love, Beal & Nixon, P.C., in writing, within the 30 day perioud, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose. 2. Webbank/ Dell Financial Services LLC, provided credit to the defendant on a written credit card account with an account number of XXXXXXXXXXXXXXX4723. At the time of charge off, the balance was $2,715.86. The indebtedness of arising therefrom has been duly assigned to MIDLAND FUNDING LLC, , plaintiff herein. The Defendant defaulted on the obligations required under contract. 3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $2,715.86. [page 3] WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum of $2,715.86, with interest at the statutory rate fromthe date of judgment, all court costs, and a reasonable attorney's fee, and for such other and further relief as to this Court may seem aquitable, just and proper. <signature> bunch of names and #numbers ATTORNEY'S LIEN CLAIMED ---------------------------------------------
  7. is this really effective? http://creditboards.com/forums/index.php?showtopic=495942 i see a lot of similar violations on my CR
  8. Hi there, I am new here, but, know from reading the posts on this forum, that I am in the right place to get the help I need. I am so very impressed by the extensive knowledge of the members on legal issues. After many sleepless nights, you have given me hope that I can get through this situation. Here's my issue: I am being sued by a JDB (Asset Acceptance & Midland) in the NJ Special Civil Part Court, with trial date a week and a half away. First, I made sure to answer the complaint by the Court's deadline. Then, I received and answered interrogatories. I then sent Request for Admissions and Request for Production. In the meantime, Plaintiff's attorney left me two messages trying to settle the case, which I do not want to do. In response to my request for Discovery, I received a brief note stating that Plaintiff will not be responding to Defendant's Discovery Requests, as they are not in compliance with the NJ court Rules. What exactly are the deadlines and time frames for Rules of Discovery in NJ Special Civil Part Court? I made sure to find out the appropriate way to request Discovery and thought I had done it properly. Unless there is some procedural error that I don't know about, I'm unclear as to why I am not in compliance with the rules of Discovery. The only thing I can think of is that maybe I missed the deadline, as I have many health problems and am also trying to take care of my son, who also has multiple health problems and has been in the hospital. Now, I just don't know what to do next. I have done my best to try to handle this myself, as I have many health issues and am on permanent disability, which is my only income. The stress this is causing has caused my health to decline even further. I know that I may need an attorney, at this point to unravel this situation, but, because of my financial situation, don't know if this will be possible. This is quite frustrating because I know my rights and I know that this JDB is not entitled to a penny, let alone entitled to even set foot in the courtroom. It's just so frustrating. Any help or suggestions would be so very much appreciated. Many thanks to all for your time and assistance. .
  9. Howdy, gang! I'm hoping someone can help walk me through the next steps of my fight against Midland Funding here in Michigan. Background So far, we were served the complaint with only an affidavit attached, filed our answers, and went to pretrial. The judge provided time for discovery, ordered mediation, and set a trial date. Today, we received a packed in the mail that includes a Proof of Service, Plaintiff's First Request for Admissions, Plaintiff's First Set of Interrogatories, Plaintiff's First Request for Production of Documents, Plaintiff's Witness List, and Plaintiff's Exhibit List. Attached is a "Bill of Sale, Assignment and Assumption Agreement", "Card Agreement", and "Field Data" (data printout of account number, last payment date, name, SSN, amounts, etc). The Bill of Sale does not include specifics about the account, addresses, names, etc. It's a generic "We're the bank, you're the JDB, and we give you rights to the accounts in a section of the Agreement". From what I gather, I should push them to provide the actual agreement to prove they have standing to bring the case. Where I'm Lost There is a lot of information here and in other threads and honestly, I'm a little overwhelmed by it all. As such, I'm not really sure what I need to do next. The logical thing to me seems to get my request for discovery out, wait the 28 days, and then file a Motion to Dismiss based on them not providing any information that shows the account is mine. Though, I think I'm also reading that I should file that first, just to get the ball rolling and force their hand since they won't likely respond to the discovery with anything meaningful anyhow. My Question There's so much information to absorb on this boards and I've been reading page after page after page of well worded information, but I can't seem to get where my particular path should take me. Do I request discovery, wait, then file my motion? Do both in parallel? Reverse the order? Is there another option I should be pushing for at this stage? Sorry if this was a long read, or if I'm breaking any rules/guidelines around these posts. My brain is going a thousand miles a minute right now trying to soak in so much information, I just need a little light to show me the way. Edit - Found the "Answer these questions..." post, so I didn't want to break any forum ediqute by not filling it out. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (Too Specific) 3. How much are you being sued for? ~$2,000 4. Who is the original creditor? (National Credit Card Company) 5. How do you know you are being sued? Served with a complaint 6. How were you served? Mail and 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? Michigan, Wayne County 10. When is the last time you paid on this account? Unknown, no documents, but suggested date implies 4-5 years 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Complaint > Defendant Answers > Notice of Pretrial > Pretrial > Mediation and Trial dates set 13. Have you disputed the debt with the credit bureaus? No (Unaware of until the suit) 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Already have, will need to post specific charges later (keeps to lockbox left at work) 16. What evidence did they send with the summons? The complaint only had an affidavit, post pretrial documents include non specific bill of sale, cardholder agreement, and account printout.
  10. I was looking to see what legal requirements were necessary for a Bill of Sale to be binding. It took a bit of digging, but I found this from O.S. 12A Uniform Commercial Code if I am reading this right, this supports the argument that a Bill of Sale must specifically identify the "rights" being transferred. That any Bill of Sale lacking such information is in fact invalid. Is this correct? §12A-1-9-619. Transfer of record or legal title.TRANSFER OF RECORD OR LEGAL TITLE (a) In this section, “transfer statement” means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) the name and mailing address of the secured party, debtor, and transferee. ( A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) accept the transfer statement; (2) promptly amend its records to reflect the transfer; and (3) if applicable, issue a new appropriate certificate of title in the name of the transferee. © A transfer of the record or legal title to collateral to a secured party under subsection ( of this section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article. Added by Laws 2000, c. 371, § 126, eff. July 1, 2001.
  11. In March of 2013 I had received a letter from Midland MCM for an alleged debt. I in turn sent a certified debt validation letter to said company. A few days later I got a letter back from MCM stating that based on the information they would remove all MCM activity from all three major credit reporting agencies. Also they Never provided any debt validation. I looked at my report and they looked at my report in December of 2013 for "collection" reasons. I am wondering how they can still do that after the letter they sent me and also not giving me debt validation as well per the 30 days on my letter. I assumed after they stated they would no longer be reporting on my credit , why are they still hard hitting it?
  12. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  13. So, my motion to compel documents was granted. Midland didn't even send a lawyer, they no showed. I wore a suit, everyone thought I was an attorney until I stated my name and in pro per. The judge even commented that my motion was very well prepared. Now comes the interesting part. I was granted the motion because midland was late responding to my request for production of documents, and hence waived all of their rights to objection. They have to give me everything with no right to object. Now we'll see what they really have. I used ASTmedic's motion to compel as a starting point and tweaked it from there. Things are going alright for me so far, thanks to lots of help from ca lawyer, astmedic's thread and lots of other stuff on here. Next step is to beat these JDBs. I'd be happy to share my motion and separate statement with anyone going through the same business.
  14. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  15. I have read up on the forum, plus other advised reading, and it appears my next step now that I have answered the claim is to try and knock out the evidence. With affadavits, I have read that I am supposed to try to have them deemed inadmissable and that I should try to summon the affiants as witnesses. I have done quite a few searches to try and find the paperwork for this and also to find all the rules for the magistrate court, but I am not having much luck. I get the same measly results for the same forms that are not needed, over and over. However, I have run across some prior court cases (not neccessarily w JDB), that give me pause on the whole ordeal, as it appears that the chances of my actually getting anything other than a judgement against me are slim to nil. I am worried that the informality of the magistrate court will actually be a hindrance in my case,especially if I get too "formal". For example, When I turned in my answer (general denial on their weird form), the clerk said she was going to send it to the plaintiff (not for me to do). What everyone else has descibed in these forums as the normal procedures... well, that seems to NOT be the case in this magistrate court. Any advice on how to proceed in a very informal magistate court in backwoods GA, where actually following procedure/law may be more a hindrance than helpful? 1. Who is the named plaintiff in suit? Midland Funding LLC Successor in interest to Chase Bank USA, N.A./Heritage Bank One c/o Greene & Cooper LLP 2. Name of the law firm Greene & Cooper LLP, Roswell, GA 3. How much are you being sued for? About $4000+ including all the interest, late fees, etc. 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) Served by Sherriff's office 6. How were you served? (Mail, In person, Notice on door) Delivered to me me personally at home. 7. Was the service legal as required by your state? Process Service Requirements. Yes. (GA: To the defendant personally, or by ...). Required to file/present answer to claim within 30 days after served. Clerk said she was to send plaintiff copy of answer 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact prior to being served (but their paperwork includes some old notice sent via mail by Midland) 9. What state/county do you live in? GA, Douglas 10. When is the last time you paid on this account? Their paperwork says last payment date was Mid March 2010 and charged off End of Nov 2010 11. What is the SOL on the debt? To find out: *[§9-3-25--GA statute of limitations on a credit card is six years after the amount becomes due and payable]. 12. What is the status of your case? Suit served? Motions filed? Not sure. I assume it is Suit served. Not open on holidays. Clerk said I would receive hearing date notification in mail and would send plaintiff the Answer. Will call after holidays. 13. Have you disputed the debt with the credit bureaus No. Neither. 14. Did you request debt validation before the suit was filed? No. This is first I heard of Midland. 15. How long do you have to respond to the suit? (This should be in your paperwork). Was served Nov 25th… Was due On Christmas Day. Turned in General Denial Answer form and clerk said she was to mail copy to Plaintiff. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 8 pieces of Evidence (I have documents uploaded if copies needed); 1) Photocopy of Affadavit from Cassndra Holmquist for MCM. States she is Legal specialist for MCM & her biz addy is in St Cloud, MN, & based uppon pesonal knowledge of acct records maintained for plaintiff, defendant is the owner/successor to the defendant's Chase account #******, and MCM's records show that defendent owes balance os $**** w interest due from 11/30/2010 @ 7% making total due $**** as of 09/16/2013. "I certify under penalty of perjury that the following are true & correct. 2) Photocopy of 2 page Account statement from Chase with acct #, dated 11/26/2010, with almost $1000 past due amount and various late fees/interest charges for statement date 10/2/2010-11/01/2010 3) Photocopy of random page that has address change request and illeglible "Information about your Account" I think this is supposed to be the back of the statement? (bottom # on Rt does not match other numbers on other statement pages). 4) Photocopy of Data print out from MCM from Electronic records from Chase Bank pursuant to the Bill of Sale transferred on or about 05/30/2012. Has Field/Field data columns that say name, acct #, Sale amount $, address, phone, last four of SSN, Charge Off Date, Laste payment date, LPmt Amt $87, CO Bal $****. Says that this is what it is at the bottom of page. 5) Photocopied MCM PreLegal Notification (2 pages?), dated 1-12-2013, with MCM acct #, $**** amount owed (difft frm other docs, but around same area) and date due? 01/12/2013 (blacked out in copy, but I assume it is date due). Postal mark of 12/13/2012. Says they have made several attempts to notify regarding account and to send in $500 in order to stop it from being sent to a local attorney. Has payment coupon at bottom. Another photocopy page of MCM "Statement" (I think these go together). Statement date says 12/13/2012 w due date of 1/12/2013 for $**** balance. 6) Photocopy of Blank page with a bar code on upper left side. Have no idea what this is from. I assume the above. 7) Photocopy of Affadavit of Sale of Account by Original Credito, dated 07/02/2012, by JP Morgan Chase officer Martin Lavergne. States that due to his biz position he is aware fo the sale/assignment of electronically stored biz records and that Chase sold a pool of charged-off accounts on or about 5/22/2012 to Midland Funding & that these records were kept in ordinary course of biz under Chase, and he's not aware of any errors in the account. Above statements are true to the best of his knowledge. 8) Photocopy of 2 page Bill of sale with Chase logo on top right, & closing date 05/30/2012. Chase (seller) for value received & pursuant to terms/conditions of Credit Card Account Purchase Agreement dated 12/28/2011 w Midland assigns effective File Creation Date of 5/22/2012 all rights. title and interest in/to those certain recvbles, judgments or evidences of debt described in Final Data File, entotled (Account's Primary File Name) attached hereto & made part for all purposes. Has redacted sections. Amounts due Sellar by purchaser... and more redacted info. No other representation of or warranty of title or enforceability is expressed or implied. Some more legal mumbojumbo and signatures from Chase and Midland. Stamped "Approved by Legal" and has another redacted area on bottom Left. p. 2 has aggrement date of 12/28/2011, Seller and Purchaser name, file creation date of 05/22/2012, closing date of 05/30/2012. Redacted info for File 3, Number of accounts, Total unpaid balance:Purchase price %, and purchase price.
  16. Hi, First of all I am so glad I found this website. I followed your validation process successfully. In October 20013 I started the validation process using all tools provided under Debt Validation subject. I sent the letter to RJM collection agency, they didn't reply. I waited until December 2013 to request a copy of my credit report from all three agencies. When I saw the credit report the item was removed woo hooo!!!. I decided to do the same with three more accounts. Two were deleted from my credit report, and one was verified (very proud of myself... Thanks). I sent the verification letter provided on the Debt Validation process. There are few questions unanswered, please see below: Please provide me with the following: What the money you say I owe is for; They answeredExplain and show me how you calculated what you say I owe; They provided a document with all the information where the last entry was 08/13/2009 for the amount of $1,806.20.Provide me with copies of any papers that show I agreed to pay what you say I owe; My name, address, last four digits of my social security, and the original account number are in the document that was sent. There was not a document with my signature (i.e. a check I sent with payment).Provide a verification or copy of any judgment if applicable; N/AIdentify the original creditor; They answeredProve the Statute of Limitations has not expired on this account; They did not answerShow me that you are licensed to collect in my state; andProvide me with your license numbers and Registered Agent. They did not provide the information for the last two bullet points. How do I proceed from here? Do I send another verification letter requesting the missing information? Also, Midland is reporting to the credit bureau: 1. $2,978 instead of the original amount of $1,806.20. 2. Date opened Jan. 2012 when the last entry on the document sent is 08/13/2009. (the item was purchased on 10/19/2006). I started reading about the SOL but I got confused. I appreciate any advice you may have. Lady Eris -- Florida
  17. Hello, Midland sued me in court and they LOST. They were obviously not original creditor and I was disputing amount. NOW they are reporting, at least monthly, amounts that are 4x what they were suing me for in court! This can't be right. What are the steps to get them off my report? I am assuming I need to start with going to court house and getting copy of court ruling. Thanks for helping me streamline the process, do it right the first time, and get these mofos off my back once and for all.
  18. I am being sued by a local attorney for Midland Funding. I have received my summons and have filed my answer. But at this point I have a few questions I am hoping along with research and some input from you all I can move forward with this. 1. I have received my Interrogatories, Requests for Documents, and Requests for admissions from the lawyer, they were sent in a plain envelope in regular mail delivery, and no evidence that they were filed...do they have to file this with the courts? and would they not at least send it certified mail? 2. I think I am going to go the SOL route with this if I can make sure I am within the time limits, I hear and read Idaho is 4 years on open end accounts, but the only Idaho statute I find addresses written contracts and is 5 years but have yet to find a actual statute that it would be 4 years, if Idaho don't have one would it fall under the federal laws? I have found those and it would be 4 years if that is the case.( My credit reports me as 30 day on Dec. of 2008) Thank you for any input I am ready to fight these guys. I am thankful this site is available to help.
  19. Hi everyone, I am being sued by Pressler and Pressler for Midland in NJ. They filed for summary judgment but provided false information that I can easily prove is false from there own interrogatories. What should I do? File motion for dismissal with Prejudice maybe? Is this not perjury? Any help is greatly appreciated. Thanks
  20. Yes, you read the subject line, and its true...read on: First of all, you should all know that one of the Forum members has been helping me throughout this case, much kudos goes to him! Some of the below are excerpts from messages I have sent him. All of this actually started back last January, but no suit was filed by Midland until June. So far I have weathered their MSJ (denied!!!), the prelim trial, and the trial itself. The trial date was December 3rd at 2PM, I of course arrived early and went into the courtroom at 1:55. There were some criminal cases still ongoing, and those did not finish until 2:10 or so. In the meantime, I watched the door for the JDB lawyer, since I had not seen him yet. At 2:00 a lady entered the courtroom carrying a large tote bag with what looked like files in it, so I thought, "OK here we go..." At 2:10 she left the room, and at 2:15 they called my case. I approached the bench...by myself...no one else was in the courtroom, save for the judge, bailiff, and courtroom workers. The clerk stepped outside to announce in the hallway, and the reporter got on the intercom and paged the JDB counsel to the courtroom. "Mr. Defendant, I am going to let it be shown that you are here and that Plaintiff is not. I am going to dismiss this case WITH PREJUDICE." Absolutely stunned, I looked at him in surprise...I WON!!! I offered a tentative smile, and said, "But your Honor, I took the time to get all dressed up..." he actually smiled back, and said, "Well, it looks like both you and I have some extra time now, doesn't it? I have dismissed this with prejudice; this case is finished in this court's eyes." But, now the paranoid part of me takes over...can they file a motion to set aside judgement? For all I know, his car broke down on the way to the courthouse (it is a cross-state drive for him). Maybe I am still stunned by this whole thing...and what about going after them for violating FDCPA regulations? It seems to me that they knew their goose was cooked when they did not show up in court today. I am sure I could find a lawyer around here to take the case if there are grounds.... And now, today in the mail, it appears my paranoia has been substantiated: I received a notice of hearing for December 20th. The plaintiff has filed a motion to set aside dismissal and reinstate. They are saying that 'due to a clerical mistake and inadvertence by Plaintiff's attorney, Plaintiff's attorney failed to properly calendar the adjourned trial date and failed to appear for the trial scheduled on December 3, 2013 at 2:00.' and 'Pursuant to MCR 2.612 ( C ), Plaintiff moves this court to relieve Plaintiff from the Order of Dismissal on the grounds of mistake, inadvertence, and excusable neglect'. Sigh. I am going to go to the hearing of course and intend on turning it into an impromptu MSJ, since they never have produced the bill of sale. Any words of wisdom?
  21. Hi gang, this is my next item on the agenda as I continue to battle Midland. Last week was my opposition to Midland's 'Motion to Vacate Judgement and Set Aside' (Look for that post elsewhere on the forum; just the fact that I am now preparing a Motion for Summary Disposition is a clue as to how last Friday's events turned out). The trial date is set for a few weeks down the road; in the meantime I am going to hit them with a MSJ (it's actually a MSD in Michigan). This'll be a two-parter; first comes the motion, then comes the brief. I followed the exact form that Plaintiff followed when they filed their own MSJ on me last August. DEFENDANT’S MOTION FOR SUMMARY DISPOSITION PURSUANT TO MCR 2.116 © (10) Now comes Defendant Beefer Real, Pro Se, for his Motion for Summary Disposition pursuant to MCR 2.116 © (10) states as follows: 1) That on or about June 20, 2013, Plaintiff filed his action, and Defendant was properly served. 2) The action filed by the Plaintiff was related to a credit card account that Plaintiff alleges belonged to the Defendant and was allegedly procured by Plaintiff from Chase Bank. 3) Defendant sent Request for Discovery via certified mail with return receipt to Plaintiff’s council on Xxxxxx xx, xxxx. Defendant received Plaintiff’s answers on or about Xxxxx xx, xxxx. 4) That Plaintiff, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find that Defendant is indebted to the Plaintiff. 5) The Plaintiff has used hearsay statements in the pleadings of this case. 6) That an examination of the attached documentation originally provided by Plaintiff, along with Plaintiff’s responses to interrogatories during discovery, has left Plaintiff with a lack of standing. Without standing, the case cannot be ruled in Plaintiffs favor. WHEREFORE, Defendant respectfully requests that this Honorable Court grant judgement in Defendant’s favor and dismiss this suit with prejudice. Dated: Xxxxxx xx, xxxx _____________________________ Beefer Real
  22. Hello all! A while back I started a topic asking for advice with regard to setting aside a default judgment and was very impressed with all of the help I recieved. The default was set aside and MCM did not oppose my motion. Now I have a CASE MANAGEMENT CONFERENCE on January 14th and I have some serious questions on how to prepare for this. 1) I was asked to submit a Case Management Confidentiality Statement. Previously I asked if http://www.courts.ca.gov/documents/cm110.pdf was the form I was looking for but never recieved a response. Before I go crazy trying to fill it in maybe someone can verify this for me? 2) Is there any information on how this form is addressed? For instance, it asks for a lot of dates and it asks information about discovery as well as questions for the plaintiff. What I would like to know if I need to have dates or discovery and do I just leave questions blank or is there a preferred format for addressing those? Any supplemental paperwork I should add? 3) What is a Case Management Conference and what would one expect from this appointment? 4) Lastly, any further advice anyone can think of with regard to this? Background on case: A long while back I applied for a Target Visa (I already had a Target Red Card) and was denied. Come to find out a few years later that there were 2 Target Visas in my name that were maxed out. Contacted Target and the rep. said that there shouldn't be 2 cards under the same social because the social is what they use to generate the cards. At any rate, the last I heard was that they would look into it. Life goes on and all is forgotton. Received a default judgment from MCM suing me. Never was served. Fought it with the help of the Law Librarian at CCC Court Library and you wonderful people here *huzzah!* The case is over 1 of the 2 cards. Once the default was sentenced I started to finally receive letters from MCM in another language for what apparently is the 2nd of the 2 accounts. Not sure if this second account can be combined into this open case or not but need help figuring out how to get these both out of my life and continue living it. Thank you for reading and any advice in advance!!
  23. Ok, here we go. So In june I received a summons in my door from Midland about a Chase Credit card I had somewhere around 06-07. Unforuntately I lost my job and was no longer able to afford payments on the card back then. Needless to say, it went to collections then on to Midland. When I was served, I was gracious enough to find resources much like this blog in order to properly respond seeing that I don't have the funds or resources to afford an attorney. Here are my case details; 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.) No Law Firm in particular, about 4 different attorney's names. 3. How much are you being sued for? 3496.63 4. Who is the original creditor? ( if not the Plaintiff) Chase Bank USA, NA 5. How do you know you are being sued? (You were served, right?) I was served at my home, not personally, it was left in my door. 6. How were you served? (Mail, In person, Notice on door) Notice on Door 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't recall. I think they may have mailed things out to me but, i've received so many collection notices I honestly cannot remember if they did or did not. 9. What state and county do you live in? CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Probably back in 06 or 07. I have not made a payment to Chase or to Midland since that time. 11. What is the SOL on the debt? To find out: 4 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). Pending 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, I filed an Answer and mailed a proof of service. That is all. 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? The summons was filed on 6/21, I responded with my answer (General Denial) on 6/28. I had 30 calendar days to respond and did so as requested. I was unaware up until now, but a hearing has been set sometime in May of next year. As far as my charges, It seems they are just charging me with non-payment of a debt within the last 4 years which is not true. 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. They included an Exhibit A showing a notice of new ownershp and pre-legal review, which i have no recollection of recieving, in addition, it doesn't have the correct unit number when it was sent. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== I have now received 3 documents and dont know the first place to begin; 1) Plaintiffs request for admissions to Defendant, Set No. One 2) Plaintiffs Demands for Production of Documents to Defendent, Set no .one 3) Plaintifs Special Interrogatories to Defendent, set no. one. Any help would be GREATLY appreciated! Are any of the responses to the documents listed above time sensitive? Thank you advance, and Bless those out there that help people from the kindness of their hearts!
  24. Let me start with a big thank you to all who contribute to this forum. Next, I will answer the 19 questions: 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.) - Hunt & Henriques 3. How much are you being sued for? - $2200 + 4. Who is the original creditor? (if not the Plaintiff) - Chase (Washington Mutual) 5. How do you know you are being sued? (You were served, right?) - Summon 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? - They had sent a dunning notice - I requested DV they complied within statutory time. - They sent an intent to sue letter - I replied that I would seek ARb through JAMS - They initiated negotiations for mutual seetlement (i offered $900) they wanted $1000 - Received summons in the middle of negotiations (yesterday afternoon) 9. What state and county do you live in? - California, Fresno 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - October 2011 11. What is the SOL on the debt? - 4 years in California 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) - Complaint filed: 07/10/13; Summons & Complaint served: 02/09/13 - Summons Filed 07/22/13 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.) - Yes 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. - 30 days (10/02/13) 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. -I am not sure I believe it is Breach of Contract, Common Counts. what seems to be the complaint shows Complaint-Contract. I have a copy of it below. - It also says something about Rule 3.740 Collections - Under "Cause of Action - Common Counts" CC1(a1&2) (b1,3,4,5) CC2 $2288.39, CC4 Other: Plantiff Purchased The account from the original creditor .... 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -No 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is no evidence with the summons or complaint. Any advice? Summons.pdf
  25. Today I got back the results from my latest dispute from equifax: YES! But NO! I look below at the complete updated report, and see that the same account # is now again in my report with "Item As Of Date Reported" = today, same date as the results. Except now it is being reported under "Midland Funding LLC". By the way, the account is paid in full, $0 balance. I still have another TL with Midland, are they just trying to strongarm me into calling them or paying the other account? Is this legal what they have done? I do keep copies of every report I pull direct from all 3 CRAs and copies of every dispute results.
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