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Found 5 results

  1. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kohn Law Firm S.C. 3. How much are you being sued for? $1,406.67 plus court costs 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank - Meijer 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) In person by Sheriff 7. Was the service legal as required by your state? Yes, to the best of my knowledge 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received mailed notices, sent my landlord a letter verifying residence, spoke with them. 9. What state and county do you live in? Illinois, Winnebago County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 5/5/17 - $60.00 11. When did you open the account (looking to establish what card agreement may be applicable)? 6/23/15 12. What is the SOL on the debt? To find out: Time has not expired on the debt for written, oral, and open-ended accounts. Statute of Limitations on Debts 13. 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: First Return was on 3/5/20. Filed Appearance. Filed Motion for Continuance as I am not able to make the next status date (5/7/20) as I will be out of town for work. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No I have not. 16. 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? Appeared in person at first return on 3/5/20, filed Appearance, Filed Continuance. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Initial served with the summons, court filing, verification, final billing statement, Exhibit A: Bill of Sale, Affidavit of Lois Rieffer. Attached as Summons.PDF (I redacted personal information). After first return, was mailed additional documents: Meijer Credit Card Account Agreement, Comenity Bank charge off letter, Bill of Sale (They redacted information), Exhibit 1 to Bill of Sale: Asset Schedule (they redacted information), Account data from the bill of sale (database export it looks like), portfolio level affidavit (half of the page is whited out), Certificate of Conformity. Attached as Documentation.PDF (I redacted personal information. Also didn't include all statements, but they only include statements from 8/18/16 (balance at $931.64) - 1/18/18 ). 18. How did you find out about this site? Looking for information of on handling of these suits, found lots of good information out here! Questions: 1. Most of the stuff I've been reading is over a year old, so I wanted to see the best way of moving forward. It seems the invalid documentation/no contract loophole has been closed up as I'm sure the JDBs were sick of losing to this defense. 2. Is MTC Arbitration the best way to go? 3. I filed a continuance as I won't be able to be at the next status date. Can I file a MTC with the Continuance pending? It looks like @fisthardcheese, you are the most knowledgeable on this in IL, any help is appreciated!! documentation.PDF summons.PDF
  2. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
  3. I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B. I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a trial. We all go into the courtroom. Everyone made a deal for payments. People who didn't have any money etc had their cases dismissed- but with the verified plan to re-file in a couple months. I was the last person called- as the only "request for trial". I went before the judge. Attorney stated "Defendant is requesting documents that we are not in possession of, therefore we will be dismissing this case" Judge says "GOOD JOB young lady!!!". He went on to state that "the case will be dismissed, but if they obtain all the documents you requested, they will be able to re-file if they should choose to". I asked him to dismiss with prejudice. He said because the case is lacking evidence that CAN be obtained, he can't rule that way. He asked what I do, I said "I'm a social worker". Judge says "well you should be a lawyer! You did a great job!". Then CASE DISMISSED. Attorney spoke with me in the hallway and stated that he is recommending to Midland that they drop this case and will pursue no further legal action against me. Hope this is true! I didn't even need the Trial Brief I'd prepared or any of the documents, case law, legal statutes. Once they saw what I wanted, they went away. WHOOOOO HOOOOOO this trial has been stressing me out for months. Now it's over. Let's hope he keeps his word re: no further legal action against me My original thread pleading for help.... I could NOT have done this without all the info and comments available on here. Thank you so much! Edit: if there's anything I can do to help any one else (especially ppl from Rhode Island) pls feel free to PM me. I prepared soooo many legal docs, but didn't have to use them. And I found so many samples on here- but made them my own with R.I. Case law, Civil Procedure Rules, Evidence Rules and legal citations etc. I am proof- you just have to do the research and it will pay off.
  4. I have received a summons with complaint from Daniel N. Gordon on behalf of plaintiff Midland Funding, LLC. Both the plaintiff and defendant reside in Oregon. I sent my answer certified mail and denied ever owning said credit card or legal contract with Chase Band or Midland Funding, LLC. On July 17th they sent me a letter stating, “Enclosed please find the document per your request for validation of your debt with or law office”. Included was CC statements and chain of title, also some field data from Midland Credit containing the acct. number, name, last 4 digits of SS#, address home phone # and account info. I have been advised by the court that the case has been moved to arbitration. I have as of yet picked an arbitrator. Daniel N. Gordon has sent me a production of documents and a request for admission, 26 in all, WOW. Any help in answering these would be greatly appreciated. Thanks, Just me