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Found 840 results

  1. I received a summons and complaint, with Midland Funding as the plaintiff. Am I right in reading the complaint that the plaintiff has failed to properly state a cause of action? Below is the complaint. I'm in Wash. state. Comes now the plaintiff for cause of action against defendants and complains and alleges as follows: I Plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action. II The defendant is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resides in XXX County, State. III That at all times material, defendant has been the obligor of a certain credit account bearing number (only has last four of an account number) which as been assigned to plaintiff. IV By the use of said credit account, defendant became indebted on said account for goods, services, and monies loaned in the stated amount, the unpaid balance XXXXX which is fully due and owing to plaintiff, together with such greater sum as may be proved at the time of trial, together with interest thereon at the highest legal rate. V. Plaintiff may be entitled to attorney’s fees either by contract or statue. Plaintiff requests an award of attorney’s fees, as determined by the court. We are debt collectors, this is an attempt to collect a debt and any information obtained will be used for that purpose. WHEREFORE, plaintiff prays for judgment against defendant for the sum of XXXX, together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff’s attorney’s fees; that such judgment shall bear interest at the highest legal rate after entry; and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable. Thanks for any feedback.
  2. Hey guys I hope you can help me. I have been dealing with MF for about 2 months now. The debt they are trying to collect on is out of the SOL for the state of Utah. The date of last default on my account is 5/2008 I have bank records that prove this (it was Washington Mutual at the time.) I sent a FOAD letter to midland explaining that this debt was time barred. They answered with a summons at my door and I am now being sued. MF is using J&M LLC without linking the entire summons here is a copy of the complaint. Complaint: Case no. Blank Judge: Blank Claims: 1. Defendant resides in this county and/or signed the contract giving ride to this action in this county. Jurisdiction and venue are proper in this court. 2. Defendant entered into a contract with CHASE BANK USA, N.A. opening an account ending in xxxxxxxxxxxx7820, which contract was subsequently assigned to plaintiff. 3. Defendant has defaulted on the obligation under the contract. 4. The amount charged off on the account was 3,220.23. There is now due and owing to the plaintiff the amount of $3220.23 plus accrued interest of $1189.28 as of October 10, 2012, at the rate of 10.00% per annum less any payments made. In addition, plaintiff is entitled to recover interest from October 10, 2012, until the date all amounts due are paid. 5. Further, equity requires defendant to pay the value of the benefits received. Demand: Plaintiff requests judgment as follows: A. For Damages in the amount of 3,220.23 plus accrued interest of $1189.28 as of October 10, 2012 at the rate of 10.00% per annum less any payments made; B. For additional interest from October 10th 2012 until amounts dues are paid at the rate of 10.00% per annum; C. For Costs of court both pre-judgment and post judgment; and D. any other relief as the court deems just and equitable. HELP!?! I have started to read everything I can on this forum. thanks guys.
  3. Hi guys, I have just been served 6 days ago from Midland Funding via local attorneys in Louisiana about an alledged account I had with a Bank for about $X,XXX.XX. And the citations states I need to answer in 10 Days! I have done alot of researching on the internet and this site has educated me the most. First I consulted with a lawyer and he stated, he has fought guys like Midland alot but his legal fees are too much. I tried to get a pro bono lawyer through a pro bono program but they have not responded. Time is not on my side right now. So I have decided (with the help of this site) I will FIGHT THIS ON MY OWN! First action is Answering. ...posting more info soon.
  4. Hi, I'm new here so please forgive me if I forgot anything. I received a complaint from Midland about a week ago. I plan on fighting it but not sure if my verbage is correct in my answer. Can someone please help me proof read it? Any further help would eb greatly appreciated. My answer is below, do I also need to copy the complaint in here? Also, the last page of the complaint is a "notice to litigants". I have no clue what that iis and if I need to do anything with it. Thank you all in advance for helping. ANSWER MIDLAND FUNDING LLC a foreign entity, Plaintiff, vs. XXXXXXXXXXXXXXX ) ) ) ) ) ) ) ) ) ) Case No.:XXXXXXXXXXXXXX ANSWER Defendant, appearing pro se, for its reply to the Complaint of Midland Funding, LLC (hereafter "Plaintiff") states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein. ANSWERS 1. Defendant denies the allegations contained in Paragraph 4, Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. 2. Defendant denies the allegations contained in Paragraph 5, Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. 3. Defendant denies the allegations contained in Paragraph 6, Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. 4. Defendant denies the allegations contained in Paragraph 7, Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. 5. Defendant denies allegations contained in Paragraph 8, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein. 6. Defendant denies allegations contained in Paragraph 9, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein. 7. Defendant denies allegations contained in Paragraph 10, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein. WHEREFORE, the Complaint having been fully answered, the Defendant respectfully prays that the Complaint be dismissed with prejudice, with costs to be adjudged against the Plaintiff, or for such other relief as this Honorable Court may deem just and proper. Further the defendant sayeth not. Dated this 28th day of September, 2012
  5. Here is 7000 new bogus lawsuits for Midland. I hope Midland ends up buying these from one of the pools and loose their patootie: http://www.csmonitor.com/Business/Latest-News-Wires/2013/0205/Credit-card-con-artists-steal-over-200-million-18-arrested
  6. Hello, I appreciate the opportunity to receive help from anyone willing to offer advice. I was served a summons recently from Midland Funding over a matter of only $934 from an HSBC debt charged-off in February of 2010. This is the first time I have gone through something like this and am not familiar with the jargon associated with the process. I would be willing to settle for about 20%, if Midland would accept, but am afraid if I call to offer and they don't accept, it could be held against me. I feel the odds could be in my favor over just $934. Any help is greatly appreciated! Responses to questions below in bold. 1. Who is the named plaintiff in the suit? Midland Funding LLC doing business in Ohio as Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Javitch, Block & Rathbone, LLC 3. How much are you being sued for? $934.15 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) Served via certified mail USPS 6. How were you served? (Mail, In person, Notice on door)Certfied Mail 7. Was the service legal as required by your state? Appears to be 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondance by me at all 9. What state and county do you live in? State of Ohio, Summit County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per "Notice of Additional Obligation Information" included i nthe complaint by the plantiff: 7/1/2010 11. What is the SOL on the debt? To find out: 3 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 Served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)Yes, all 3 credit reporting agencies 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? Approximately 20 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was sent as evidence, just a "Notice of Additional Obligation Information" which has me as the debtor, my address, a JB&R file number, name of original creditor, amount due at time of charge-off (same as question #3), defines SOL, name of current debt owner. then there are 5 "disclosure-like" paragraphs at the bottom: 1) Talks about FDCPA and "Repairing a Broken System: Protecting Consumers...." 2)"If blank, this may denote either information has not been supplied to [law firm] or no brand or label exists" 3) Describes how [law firm] prepared this information 4) Describes the make-up of the $934.15 being principal, interest, fees from original creditor 5) Talk of interest being applied if judgement is awarded to the Plaintiff
  7. I just received a summons that has spawned many hours of research and ultimately led me to this board. I have read many previous posts that are similar and it would seem that my best course of action is respond to the summons such that I prevent a summary default judgment from being entered. However, I have a few questions that all of the previous posts have left me a bit confused on: First, the summons indicates that "This action is commenced under Rule 3(a)(2) and therefore you need not answer the complaint if it is not filed within 10 business days of service upon you" Given this and the fact that I have 20 days to respond, I would think it prudent to wait the 10 days to find out if they even bother filing the complaint? Second, it would seem that my response should deny all knowledge of the debt. As you can see by the complaint below, there is very little information related to what this debt is for. All I know is that it is with Chase Bank. Now I did formerly have an account with Chase, but I do not know if this is related to my account given that there are no account numbers or anything else to verify that this is mine. However, according to the form available from the utcourts.gov website: utcourts.gov/howto/answer/docs/01_Answer.pdf I can respond to each paragraph with either "I Agree", "I Disagree" , or "I Neither Agree NOR Disagree...Because I Don't Have Enough Information" So should I Disagree with the claims or "Neither Agree NOR Disagree" which would seem more appropriate given that I simply do not know what this is for based on the information they provided? Third, what should I state for affirmative defenses? After reading many other posts, I could not make any conclusions on this. I can say that if it IS my chase account, I doubt it is outside of the SOL. Other than that I do not know what I should state for affirmative defenses. Finally, should I state or request anything else? -Should I request that the case be dismissed? -Should I request arbitration? And if so, how? Any other suggestions? Please let me thank you in advance. This board has been EXCEPTIONALLY useful. I am so thankful that so many of you take the time to help others with these issues. Here is the complaint: --- MIDLAND FUNDING LLC VS ME CLAIMS: 1. Defendant resides in this county and/or signed the contract giving rise to this action in this county. Jurisdiction and venue are proper in this court. 2. Defendant entered into a contract with CHASE BANK USA, N.A. which contract was subsequently assigned to Plaintiff. 3. Defendant has defaulted on the obligation under contract. 4. The amount due and owing to the Plaintiff is $XXXXXX plus accrued interest of $XXXXXX as of February 22, 2012, at the rate of 10.00% per annum less any payments made. In addition, Plaintiff is entitled to recover interest from February 22, 2012, until the date all amounts due are paid. 5. Plaintiff may be entitled to recover a reasonable attorney's fees as provided in the contract. In the event Defendant fails to respond to this Complaint, and default is entered, Plaintiff may seek attorney's fees in the amount of $775.00 pursuant to U.R.C.P. 73. Said fees will not be shared in violation of Rule of Professional Conduct 5.4. 6. The Plaintiff may also be entitled to additional attorney's fees for post-judgment services rendered in accordance with applicable law. 7. Further, equity requires Defendant to pay the value of the benefits received. DEMAND: Plaintiff requests judgment as follows: A. For damages in the amount of $XXXXXX plus accrued interest of $XXXXXX as of February 22, 2012, at the rate of 10.00% per annum less any payments made; B. For additional interest from February 22, 2012 until amounts dues are paid at the rate of 10.00% per annum; C. For reasonable attorney's feels (if any) in the amount of $775.00 pursuant to U.R.C.P. 73; D. For post-judgment attorney's fees in accordance with applicable law; E. For costs of court both prejudgment and post-judgment; and F. Any other relief as the court deems just and equitable. --- Again, that and the summons is all I received. No exhibits, no contract, nothing. Just 3 pages.
  8. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Office PC 3. How much are you being sued for? 3k 4. Who is the original creditor? (if not the Plaintiff) WEBBANK 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received 1st letter by them Mid July, I DV'd them. During the DV, they sent me another letter inquiring about debt ( violation here I think). I sent them a letter telling them not to contact me. I decided to go the Arb route through JAMS and sent JDB lawyer a letter electing Arb via JAMS and to only contact me by mail. A week later no response so I sent JAMS paperwork to Midland and JDB lawyer. A couple of days later I was summoned. The JDB lawyer filed the paperwork through the court 5 days after I elected Arb ( violation here for breach of contract?) 9. What state and county do you live in? Maricopa 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) 2009, still within SOL 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 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). Status is New Case. I have not filed any motions or responses. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed with bureaus and results pending. 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. 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, no questionnaire 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit and Credit Agreement.
  9. I am currently unemployed and am not able to fly to California. Help! So lost and pulling my hair out! Amount sued for is $19xx.xx. OC is Chase. Summons was handed to my mother in law at my previous CA residence.
  10. Hello again! I was wondering if there was anyone that has any case laws that they may have used when fighting Midland Funding cases as I would like to research them and see if my case is similar to theirs.
  11. I have just received the admissions and interrogatories from the plaintiff and I've got a few questions regarding a few of their questions. First, they ask "Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim." If I am using Plaintiff also has failed to state a claim upon which relief may be granted as a defense, what would I be putting as an answer? It seems pretty straight to the point, but then again I'm not a lawyer. Next, they ask "If you deny the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the credit card account." The previous question to this was asking me to admit or deny the amount that is being claimed against me, so what would be a good way to answer the follow up question? As always any help/guidance is greatly appreciated!
  12. Hi All: It is my turn with Midland. I have been reading and learning, but I will definitely need your help and feedback. I know for 10K this is not likely to go away, so I’m ready to fight! Here is my info. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Suttell & Hammer 3. How much are you being sued for? 10K+ 4. Who is the original creditor? Chase, but the original account was opened with Providian and then Chase bought Providian. 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state Yes, pocket service not filed with court yet. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent debt Validation request. 9. What state and county do you live in? Clark County, WA 10. When is the last time you paid on this account? 07/11 11. What is the SOL on the debt? 3 or 6 years not sure. 12. What is the status of your case? Been served. Not filed with court yet. I have 20 day to respond. 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. Yes 15. How long do you have to respond to the suit? 20 Days We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? See below, no interrogatory. 16. What evidence did they send with the summons? An affidavit, a statement from the OC, a redacted bill of sale. Complaint: 1. Plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action. 2. The defendant, Barney Ruble, is believed to be a married individual and as such incurred the below referenced separate and community obligation. Defendant resides in Clark County, WA. 3. That at all times material, defendant has been the obligator of a certain credit account bearing #xxxx, originally issued by Chase Bank USA which has been assigned to plaintiff. The last date of payment is xx-xx-xxxx. 4. By the use of said credit account, said defendant became indebted on said account for goods, services, and monies with the charge off balance of $xxx, and a current unpaid balance $xxx which is fully due and owing to plaintiff, together with such greater sum as may be proved at the time of trial, together with interest thereon at the highest legal rate. 5. Plaintiff may be entitled to attorney’s fees either by contract or statute. Plaintiff requests an award of attorney’s fees, as determined by the court. We are debt collectors, this is an attempt to collect the debt and any information obtained will be used for that purpose. Wherefore, plaintiff prays for judgment against the defendant for the sum of $xxx together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff’s attorney’s fees; that such judgment shall bear interest at the highest legal rate after entry; and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable. Dated xx-xx-xxxx
  13. I received a summons and complaint on Saturday 8/25/12 (delivered in person by a guy who smelled like marijuana and body odor)..he also told the guy who was cutting my lawn that "I just served papers to your lady" The plaintiff is Midland Funding LLC Assignee of CIT BANK C/O plaintiffs attorney() I have to write the answer and I am frustrated and need some help. I cannot afford to pay these people anything. The amount is around $3,000. There are four complaints 1. That the defendant herein is indebted upon open account or pursuant to contract, and defendant accepted same. (Original Account number is given) 2. Performance has been completed and defendant agreed to pay account. 3. There is presently due and owing, over and above all legal counter claims, the sum of $3,XXX. 4. Plaintiff requests judgement for $3,XXX plus interest, costs and attorney fees. The next page are an affidavit of CLARE HEDLUND whose address is the same as Midland Credit Management, INC Please help.
  14. 1. Who is the named plaintiff in the suit? Midland Funding LLC, a foreign entity 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Barry Bursey Bursey & Associates. P.C 3. How much are you being sued for? $28,889.83 4. Who is the original creditor? (if not the Plaintiff) FIA Card Services (Bank of America) 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) Letter in mail, 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? None 9. What state and county do you live in? Arizona, Maricopa County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2010 11. What is the SOL on the debt? To find out: 6 years 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). Case Documents Filing Date Description Docket Date Filing Party 9/20/2012 OXS - Order To Extend Time For Service 9/21/2012 NOTE: ***GRANTED IN PART***ORDER THAT THE TIME FOR SERVICE OF PROCESS IS EXTENDED FOR AN ADDITIONAL 90 DAYS THROUGH 11-30-2012 9/11/2012 MXS - Motion To Extend Time For Service 9/11/2012 NOTE: MOTION FOR ADDITIONAL TIME WITHIN WHICH TO SECURE SERVICE OF PROCESS 8/29/2012 322 - ME: Notice Of Intent To Dismiss 8/29/2012 8/9/2012 ORD - Order 8/9/2012 NOTE: ORDER FOR ALTERNATIVE SERVICE 7/27/2012 MOT - Motion 7/27/2012 NOTE: Motion for Alternative Service 6/14/2012 AAS - Affidavit Of Attempted Service 6/27/2012 5/25/2012 COM - Complaint 5/29/2012 5/25/2012 CCS - Cerificate Arbitration - Subject To 5/29/2012 There was no way for me to click a link and read the filed paperwork. Notice of intent to dismiss on 8/29 is interesting. 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? Breach of contract/default 20 days will be Oct.11 – No questionnaire 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. none 17. Points of possible interest 1. The last four digits of the account number listed is not one that I have ever had. 2. Paperwork lists me as married; haven’t been for 33 years. 3. When I received the first set of paperwork from the attorney there was only a summons for myself, the subsequent paperwork has a separate summons for John Doe that looks like they simply whited out my info and typed in John Doe with no DOB only my address. 4. I have been retired for seven years and it shows my former employer as current (I do receive a pension from said employer) Thank you in advance for any help I appreciate your idea, Saytar. Here is the link to everything I received: Free Cloud Storage - MediaFire
  15. 1. Who is the named plaintiff in the suit? - Midland Funding LLC Doing Business in Ohio as Midland Funding DE LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Same as above 3. How much are you being sued for? Around 1800 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 6. How were you served? (Mail, In person, Notice on door) Certified Mail 7. Was the service legal as required by your state? As far as I know 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 had no correspondence with them 9. What state and county do you live in? Hamilton County Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Around April of 2009 I believe 11. What is the SOL on the debt? To find out: 6 Years in Ohio 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). Suit Served 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? I have 13 days remaining 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 sent the front and back of an old statement with a final balance
  16. Hi everyone, I want to first start by apoligizing for starting another topic like this one. I've searched the forums and have gotten tons of information from them. Thank all of you for all the great info on here. However, still I'm a little lost with all the legal jargon and the fact that it seems like every summons is different... So, although I knew it was coming for a couple days, I just got served by the sheriff today and am kind of stressing! I would love to hire a lawyer and have him take care of everything but I'm still barely making ends meet and have a baby on the way! So basically, I'm being sued by MIDLAND FUNDING LLC for $1999.36 +COSTS. Starts with the summons that says: You are summoned and required: 1. to file your written appearance by yourself or your attorney and pay the required fee in room 602, Dailey Center, Chicago IL at or before 9:30am on 12/20/12. 2.To file your answer to the complaint in room 602 as required by Par. 3© in the notice of defendant below. The complaint reads like this... The Plaintiff, MIDLAND FUNDING LLC, claims as follows: 1. The Defendant is "my name" is/are a resident of COOK county,Illinois 2. The Defendant opened a charge account with CIT Bank, account number "xxxxxxxxxxxxxxxx", agreeing to make monthly payments for the purchases charged to the account 3. Plaintiff is the successor in interest of said account from CIT BANK having purchased said account in the regular course of business in good faith and for value. 4. The Defendant did make purchases and charge same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing $1999.36. (See Client affidavit as Plaintiffs Exhibit No. 1) 5. Plaintiff declared Defendant to be in default and demands payment of balance. WHEREFORE, THE PLAINTIFF, MIDLAND FUNDING, prays for judgement against the Defendant, "ME" in the amount of $1999.36+costs. The Affidavit reads like this: Jessica Fiecke, whose business address is 16 Mcleland Rd Suite 101, St. Cloud, MN, certifies and says: 1. I am enployed 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 18 years of age and make the statements herein based upon personal knowledge of those account records maintained on plaintiffs behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendants CIT BANK account "xxxxxxxxxxxxxxxxxx" (MCM number xxxxxxxxxxxx)(hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiffs behalf. 2. I am familiar with the manner and method by which MCM creates and maintaints 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 to make the record or data compilation, or for a person with knowledge to transmit information thereof 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 owed a balance of $1999.36. 4. Base upon my review of MCM's business records: 1)defendant opened the account with CIT BANK on 2002-10-22; 2)the last payment posted to the account on 2009-02-18 and 3)the account was charged off on 2009-09-21. 5. If called to testify as a witness thereon, I could and would competently tesitfy as to all the facts stated herein. I certify under penalty of perjury that the foregoing statments are true and correct to the best of my knowlege. Then shows date signiture and notary... Also includes a affidavit as to military service... So as of right now my questions are: 1.)Unlike other summons that i've read about, this one doesn't give me the option to mail in my answer. Instead it tells me to appear at the court on the court date with my answer Notarized. Is this common? 2.) Since they have my account number and the dates that I opened the account, last payemt, etc... IS it more likely that they'll have physical evidence on hand during the trial? 3.)It says that I am being sued for the amount of $1999.36 + costs... Does this mean that I'll have to pay their lawyer and court costs? 4.) I'm assuming that I ADMIT to paragraph 1 of the complaint, DENY paragraphs 2-4 but what about paragraphy 5? This one has me confused a little bit. I'm assuming DENY. 5.)In a simplified example, the process of this entire thing would be to(1) write of my answers corresponding to each paragraph of the complaint, (2)Get it notorized (3)show up in court and hand the judge my answers. (4) after that I have no clue what to expect, could you give me some ideas? like do I have to actually voice my case, etc? I'm assuming that I would ask the Plaintiff to provide proof of the complaint... but what else? Sorry about the long post but I want to thank you in advance for anyone's help!!! I sincerely appreciate it and in the future hope to help someone else that is in the same bind as I am!
  17. So I have been following all of the boards and topics, and it has been a world of wealth so far. I am being sued in Ohio by Midland Funding by way of Javitch, Block, & Rathbone. Sent my general denial to their claim with some affirmative defenses. It was referred by the judge to mediation which I knew was going to go no where. The female lawyer was for the lack of a better term a b**ch through the whole meeting, acting condescending and rude and as if I had no clue what I was talking about. The only documnets she produced was a bunch of card statements from Chase and what she called a bill of sale, take a look, laughable: http://imageshack.us/photo/my-images/404/img218d.jpg/'> Uploaded with http://imageshack.us'>ImageShack.us She stated that the documents she had would be completely admissable as business records to hearsay exception, and then quoted me a case of Ohio Receivables vs. Dellavia (which I couldn't find anything on) Now from reading many peoples posts, it seems that most judges would consider this evidence garbage as well, I wish I had the users name but here is something he typed, "Here is a personal experience and how this specific judge ruled in my specific case. While I think this would be the common ruling in most courts, this is how a judge ruled in my case and does not mean a judge will rule the same in your case. They should and if not, in my opinion, you would have an excellent slam dunk appeal if they did not. The JDB tried to admit their evidence of standing by affidavit and a bill of sale., They also had disclosed no witnesses from the original creditor that would testify. In other words I had won before the judge took the bench. I objected of course. The other side argued to the judge that the records should be admitted under the business records to hearsay exception. This was the ruling and almost a word for word quote from the judge. "You can't take somebody else business records, drop those business records in your file (as the judge picks up a piece of paper and drops it in a file he had on the bench), put that file in your file cabinet, shut the file cabinet, and then claim those records are now your own business records and are admissible under the business records exception to hearsay." Objection sustained." So I am under the notion that to completely prove standing they must have a witness from the original creditor who had personal first hand knowledge of the account period. I guess my question is what should I be doing now? Whating on the next summons, let those scummy lawyers make the first move, or should I be filing something? BTW, that lawyer really didn't like me referring to her client as a JDB, ha Thanks for any advice!
  18. Thanks for all of the many people on the board who have taken the time to help others and hopefully myself with this case against these Junk Bond Collectors. I was embezzled from by my former business partner & sued myself into debt before realizing the lawyers were the only ones winning that battle. Never had a late in my life 40 years until that ordeal;) Anyway, here's my info: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Johnson and Mark LLC 3. How much are you being sued for? $946X.xx charged off; plus accrued interest of $730 since 4/30 and accruing at 10%; plus $775 attorney fees 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Served complaint 6. How were you served? (Mail, In person, Notice on door) In Person at home 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? Don't recall any correspondence, but I rarely look at the collection letters mailed because I cannot settle or do anything now. Since the first summons, Johnson Mark has evidently bought a 2nd credit card debt (Capitol One)of $60XX.00 and sent me a letter to collect 9. What state and county do you live in? UT. Salt Lake county 10. When is the last time you paid on this account? 9-20-11 11. What is the SOL on the debt? I believe 4 years 12. What is the status of your case? Suit served? Motions filed? Answered Initial Summons (with help from CIC); Need to respond to Plaintiffs request for Production of Docs / Admission 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Should I do this now? 14. Did you request debt validation before the suit was filed? No. Didn't know to at that time. 15. How long do you have to respond to the suit? 28 days from 11/23/12 on discovery response. We need to know what the "charges" are. Please post what they are claiming. That I signed & entered into a contract & defaulted on the obligation Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 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 about 12 months worth of statements, a list of "may call" fact witnesses, & of course, no contract was submitted I have readied my responses according to information gathered on this forum: Request for Docs: 1. Any documents that relate or refer to the Plaintiff’s claims or your defenses in this Action, including but not limited to the following: any letters, emails, faxes, communications, notices, agreements, applications, statements, receipts, proofs of payment, check stubs, or other documents relevant to this Action or this Account. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 2. The last six (6) years of Bank statements from all financial institution that you have used or where you have an account. Answer: Request seeks documents that are irrelevant and are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 3. Any communication(s) and correspondence(s) with anyone related to this Action or this Account, including but not limited to CITIBANK, Plaintiff, third-parties, any fact witnesses, expert witnesses, professionals, (whether they have been retained to testify or not). Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 4. Any documents you may present as evidence or exhibits in a trial of this Action, including without limitation, any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action and any documents relating to any witness you intend to call at trial. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. Admissions: 1. Admit you entered into a contract CITIBANK thereby agreeing to pay for the balance on the account. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 2. Admit you used, or authorized the use of, the Account to obtain goods, services, or money. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 3. Admit that you did not dispute, within sixty (60) days and in writing, any item in the periodic written statements sent to you regarding this Account. Answer: Defendant expressly denies. Defendant requested Validation of debt within 30 days of first letter received and litigation requests followed shortly thereafter giving Defendant no time to dispute the allegations contained therein. 4. Admit that you failed to make all payments pursuant to the terms of the contract. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 5. Admit Defendant is indebted to CITIBANK and its subsequent assignee, the Plaintiff, for the Account Balance as defined above with interest at the rate of 10.00% Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. Let me know if there are any suggestions here, but my main questions are: (1) Do I submit my "Defendants Request for Production of Documents & Admissions now too? (2) i've read that I should do an "Initial Disclosures" when answering the complaint, but I didn't know it then. It is suggested that I list Midland Funding's custodian of record as a witness on this. Can I submit it now with my response to "request for Docs / Admission"? (3) Should I submit interrogatories now? When? (4) How about "An objection to the Complaint"? I've read and understand how to do many of these things somewhat thus far, but I do not know when or if some are necessary at this point. Thanks again!
  19. Please review and see if this motion to preclude needs work? COMES NOW the Defendant, Flyerfan, Pro Se, and requests this Honorable Court to enter an Order to preclude documents offered by the Plaintiff in relation to this matter before the Court and offers in support the following: I. Facts: 1. Defendant received from Plaintiff papers that included photocopies of documents the Plaintiff intends to attempt to use at trial including: i. Plaintiff’s Affidavit of Sale ii. Bill of Sale iii. Billing/ Credit Card Statements from OC iv. Plaintiff’s Affidavit of Ownership II. Law: The documents provided by the Plaintiff are inadmissible based on three areas of law: Hearsay, Relevance and Authenticity. 2. Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted - DRE 801©. 3. Authenticity - A document may be deemed admissible under rule 803(6) if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any law of the United States or of this State. 4. Relevance - Exclusion of relevant evidence on grounds of prejudice, confusion or waste of time. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues or misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence. - DRE 403. III. Argument 5. The Affidavit of Sale is inadmissible hearsay as it does not fall under any exceptions to hearsay. The affiant did not make the statement in the affidavit. It was computer generated on form AOS 2011.8 and merely signed by the affiant. It is this statement, computer generated, which is offered by the Plaintiff in an attempt to prove the truth of the matter asserted, the definition of hearsay. While Plaintiff may attempt to get the affidavit admitted under DRE 803(6), the affidavit does not attempt to specifically authenticate any documents nor were any documents attached to the affidavit by the affiant. The affiant does not lay a proper foundation as to her qualifications as an “other qualified witness” as is required per DRE 803(6). She does not state competency to testify nor does she state if she even works for OC. She claims to be an attorney-in-fact but no documentation has been offered to confirm this even though it has been requested by the defendant through discovery. The Plaintiff objected to the defendant’s request for this documentation. This information and foundation are necessary to form a degree of trustworthiness. Without foundation and documentary evidence to support, the statements in the affidavit are conclusory. The affidavit is a mere recitation of the requirements of DRE 803(6) and does not reference, nor is it supported by, any admissible evidence. [1] 6. The “Bill of Sale” has no information specific to this case. Any information that may be case specific has been redacted by the Plaintiff which causes the document to be irrelevant. [2] Even if considered relevant, the document has no probative value and causes an unfair prejudice to the defendant as its relevance would have to be inferred. With no way of knowing if the redacted information is indeed relevant it causes confusion of the issues, therefore, making it inadmissible as evidence. The “Bill of Sale” refers to a “Credit Card Account Agreement Purchase to which this is an exhibit” yet no Credit Card Account Agreement Purchase is attached or submitted leaving this Court to assume the degree of accuracy and completeness of the accounts included in the sale. 7. The Billing/Credit Card Statements have been submitted by the Plaintiff to the defendant. They have not been referenced or specifically attached to any affidavit, therefore, making them unauthenticated and inadmissible as evidence. Without authentication these documents are inadmissible under the business records exception to hearsay rule 803(6). [3] 8. The Plaintiff’s Affidavit of Ownership is inadmissible hearsay as it does not fall under any exceptions to hearsay. The affiant did not make the statement in the affidavit. It was computer generated on form “AFFRECORD” and merely signed by the affiant. It is this statement, computer generated, which is offered by the Plaintiff in an attempt to prove the truth of the matter asserted, the definition of hearsay. While Plaintiff may attempt to get the affidavit admitted under DRE 803(6), the affidavit does not attempt to specifically authenticate any documents nor were any documents attached to the affidavit by the affiant as required by DRE 902(11). The affiant does not lay a proper foundation as to her qualifications as an “other qualified witness” as is required per DRE 803(6). She lays no foundation as to her qualifications as an “other qualified witness” even though it has been requested by the defendant through discovery. The Plaintiff objected to the defendant’s request for this information. This information and foundation are necessary to form a degree of trustworthiness. Without foundation and documentary evidence to support, the statements in the affidavit are conclusory. The affidavit is a mere recitation of the requirements of DRE 803(6) and does not reference, nor is it supported by, any admissible evidence. The generic “records” the affiant references were not generated in the normal course of business of JDB, which is all she would reasonably be able to affirm, even if she were qualified. [4] WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order granting the motion to preclude the aforementioned documents as irrelevant to these proceedings, unauthenticated, and inadmissible as hearsay evidence in favor of the defendant. [1] United States v. Ventresca, 380 US 102 - Supreme Court 1965 …A statement of "fact" is only as credible as its source…Investigator Mazaka evidently believes these statements to be correct; but the magistrate must, of course, know something of the basis of that belief…Is the belief of this affiant based on personal observation, or on hearsay, or on hearsay on hearsay? Nowhere in the affidavit is the source. [2] DELAWARE ACCEPTANCE CORP. v. Swain, Del: Court of Common Pleas 2012… Moreover, even assuming the Bill of Sale qualified under DRE 803(15), this document only provides that a pool of accounts was sold from Chase to GACC. The Bill of Sale alone does not come close to establishing the overall chain of assignment because it does not in any way state that it includes the account between Chase and Mr. Swain. (continued)
  20. So apparently Midland Funding and Pressler and Pressler is a big issue,this is conveniently them. I got a letter from a court saying I was being sued by them. Up until this point, I have never heard of the company and never had anything sent to me, or any phone calls. When trying to settle outside of court, we talked out an agreement to pay them, but they refused to send me that agreement in writing without a judgement against me first. Now the way I'm seeing that, if they wanted to honestly collect that money, they'd be happy to send the agreement in writing, saying that I'm agreeing to a judgement by agreeing to that agreement. Now my question: Does any of that give me a decent shot in court? Because at this point, I have no reason to believe that any money given to them is going to actually go towards clearing the debt. And a second question, there's a different collection company who is refusing to take any payment method other than credit card or electronic check, basically, not letting me have my own paper trail, and the longer this goes on the worse it makes my credit, how should I deal with them?
  21. After reading up on a lot of these threads I took the advise to start checking the docket often when in the middle of a case because things are decided and entered without notification or while its in process. Well low and behold I have 3 cases being heard at the same time. It started with a summons from Fred Hanna for Cap1 in Oct. 2 weeks later I got a default judgment in the mail on a Cap1 case and thought this was decided(I was admittedly a little uninformed at that point) so I waited for some communication like a demand or something. Next I get a notice of hearing for a default judgment and thats when I noticed the 2 cases had different case #s and now I'm late to answer case #2. After research I found the 1st case was improper because they served notice on my 13 yr old son. So I went to the default hearing for case 2 after studying up on this board and entered a late answer(with affirmative defenses) due to circumstances with 1st case and got it admitted into evidence along with a continuance to prepare. I filed motion to set aside 1st judgment for failure to provide acceptable due process along with denial of charges and affirmative defenses. I then answered a 3rd Cap1 case from Hanna 3 days later with denial and affirmative defenses. I checked this morning and all 3 will be heard at the same time. OH $#!^ This is being heard in Georgia Magistrate Court where discovery is not required so I don't know what they have. They are not required to provide production of docs, admissions or answers to interrogatories and either am I. When I went to my default hearing, I did get a chance to witness Hanna take 40 cases on behalf of the OC or Midland funding and get defaults and consents for 95% of them without even a whimper. They had no witnesses and no evidence and won them all because no one challenged them. I also saw them dismiss anyone who answered so I think they will just dismiss w/o prejudice but cant be sure. One member suggested filing a motion to join them together them but that would make it easier on them and it becomes all or nothing(risk/reward decision). It also would make it more tempting for them to get a witness(if its even possible) with the higher $$ on the line. Combined it is 13k which is still under the 15k Magistrate Court limit so it wont automatically bump it up to a higher court if they are combined. If they dismiss the cases w/o prejudice, I will probably be hearing from them in State court next as in Midland vs Jill Sheridan. I would like to get a judgment(s) and bypass the next step but don't quite know what to do, I didn't file any counter claims to keep the ball in play and don't know if I can plead any since I don't have any of their evidence. Ideas? Sweetwaterfan
  22. Here is some background on my case: 1) Midland Funding is the named Plaintiff in the suit. 2) Suttell & Hammer is the name of the law firm handling the suit. 3) I am being sued for "$4457.23, together with pre-judgement interest, plaintiff's costs, together with interest thereon at the rate of 12.0000% per annum from judgement until fully paid." 4)Chase is the original creditor. 5) I received a court summons then filed a timely answer, denying everything. Just received a Motion for Summary Judgement from the Plaintiff with a court date set for 12/21/2012. 6) I was served in person at my house. 7) I believe the service was legal as required by the state of Washington which is where I live. 8)Midland Funding had sent a bunch of collection letters and there were numerous phone calls to me, all of which I ignored. 9)I live in Thurston County, Washington 10) Not sure when the last payment was made on the account but according to the information they provided it was 03/2011, which I believe is well within SOL, which is 6 years in WA. 11)The status of my case so far is this: The suit has been served and a Motion for Summary Judgement filed against me. Trial date set. So far, I have only mailed my answer to the plaintiff, with a notice of appearance. 12) I have not disputed the debt with the credit bureaus. 13) No debt validation was requested before the suit was filed. 14) The filing deadline with the courts is 5 days before the trial, so I have until, I believe, Dec. 16, 2012, to file everything. But I also thought I read that an Opposition to Summary Judgement must be filed 14 days prior to trial - not sure if this is correct. 15) There were only two FACTS listed on the MSJ, and I quote: 1 - The defendant has become indebted to plaintiff on account of goods and services rendered at defendants request and use of credit card within six years last past, on which there is now due and owing the principle sum of $4361.67, no part of which has been paid, though payment has often been demanded. Interest accrues on said account at the contract rate." 2 - The Complaint is for a sum certain which is justly due and owing. Supporting Evidence 1. Exhibit A: Affidavit of Balance as provided by Plaintiff 2. Exhibit B: Bill of Sale as provided by Plaintiff 3. Exhibit C: Copies of Periodic Sttements as provided by Plaintiff. 4. Attached Declaration of Plaintiff's attorney. 5. Records and files herein Here are the details regarding the evidence which they have submitted: 1. Exhibit A - is what they have titled "Affidavit of Tanya Johnson". It states that Tanya Johnson is employed as a 'Legal Spe******t' with Midland Credit Management, INC., and has access to pertinent account records for Midland. I'm assuming this is supposed to authenticate the credit card statements provided in Exhibit C. 2. Exhibit B - is what they are calling a "Bill of Sale". It is on a Chase letterhead and shows signatures from both Chase and Midland Funding supposedly proving a sale. There is no account number or even my name on this Bill of Sale that would link it directly to me. 3. Exhibit C - they have provided around 12 credit card statements from Chase. There was no original contract provided. So far I have been reading this site and others for hours trying to determine my next course of action. I have written out my Interrogatories, Request for Production of Documents and Request for Admissions but have not sent them yet to Plaintiff, as I want to make sure I'm going about this this right way. From what I've read I understand that it's important that I dispute their evidence, which I intend to do based on hearsay and whatever else is applicable, but I don't know the proper way to do this and exactly what I need to file at this point. I'm a little confused as to the difference between a Motion to Strike Evidence vs. an Opposing Affidavit vs. an Opposition to Motion for Summary Judgement. Do I need to file all of these and am I missing anything else that should be filed. Thank you so much for your help! This forum is a wealth of information.
  23. Newbie here, in AZ. Being sued by Midland Funding, OC is Chase Bank. Filed answer, check. after that, I was quick to send out Discovery (Admissions/Productions to Plaintiff). Filed my Disclosure already. Filed a Motion to Strike more than a few of Plaintiff's docs that were submitted as evidence. Judge granted my MTS... Affidavit of Indebtedness, Bill of Sale, a bunch of Chase Bank Statements and a few other docs were stricken. Plaintiff requested telephonic pre-trial, which was granted. Then Plaintiff motioned for a continuance of pre-trial, as well as filed MSJ. I filed my opposition to Plaintiff's MSJ. Pre-trial continuance and MSJ denied. Already had pre-trial, now trial will be set for 60 days out, just waiting via mail for actual trial date. All of the docs that were stricken regarding my granted Motion were pretty much everything that the Plaintiff had disclosed as their evidence. That, and pursuant to Arizona Rules of Civil Procedure, Plaintiff is in non-compliance, due to not responding to my Discovery, which was sent out a couple of months ago. Just to note, everything that I send copies of to Plaintiff's Atty, I always send CMRR. Trying to figure out if I should MTD, given the above information that I've posted about. I did have Motion to Preclude in my mind, but I would really like for this to be over and done with. Can somebody give me advice on what I should do next, please? Would someone be willing to give me some key/major ideas to bring up in my MTD? I honestly don't know how to create a decent MTD, and I could sure use some help. Or if you have input on this matter, I would love to hear from you!!!!
  24. Hello. a couple months ago i was served papers stating I was being sued my midland, by way of stillman. I'll try your format, but keep it general for the snoops: 1. Who is the named plaintiff in the suit? Midland funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) stillman 3. How much are you being sued for?\ around $2,500 4. Who is the original creditor? (if not the Plaintiff) citibank 5. How do you know you are being sued? (You were served, right?) served papers 6. How were you served? (Mail, In person, Notice on door) at my home 7. Was the service legal as required by your state? I believe so 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? Northern Mi 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) not out of statute 11. What is the SOL on the debt? To find out: 6 years i think? 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). Had an over the phone pre-trial with the judge and person from stillman. Judge did a 90 day discovery 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. shoot- didn't know that one So there's that. We did the over the phone pre-trial. I denied midland. Judge gave 90 days discovery. I got a packet of papers in the mail earlier this week. Most of the documents aren't too specific, as far as account numbers, etc. there are a couple however I may have a couple questions. I'm a bit new here, so I've started reading stickies, and other threads looking to gain a little insight. I know the info I gave out is a bit on the light side, so i was hoping if anyone might have some insight, maybe shoot me a PM, and I can be more specific. Thanks!
  25. 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.) c/o Burton Neil & Associates 3. How much are you being sued for? $2750.96 4. Who is the original creditor? (if not the Plaintiff) CIT Bank Dell Financial Services 5. How do you know you are being sued? (You were served, right?) Certified mail from MDJ 6. How were you served? (Mail, In person, Notice on door) Certified mail 7. Was the service legal as required by your state? I guess 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 that I know of. I did see them on my credit report and had it removed because I never had an account with Midland Funding. 9. What state and county do you live in? PA, Centre 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the notice, Jan. 30, 2009 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I issued a desire to defend with Answers and Affirmative Defenses. (I will post as another post below) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, against Midland and had it removed. 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? My court date is Dec. 13 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The following statement was on the complaint: Plaintiff is the owner of a certain credit account (hereafter, "The Account") by virtue of the assignment of the Account, as set forth in the records maintained on plaintiff's behalf. As a result of the assignment, plaintiff now holds all rights, title and interest in and to the Account. Records further reflect that defendant entered into a credit agreement with CIT Bank Dell Financial Services, LLC, for the account bearing number XXXXXXXXXXXXXXXXlastfour and used or authorized the use of the Account to obtain goods and/or services and/or cash advances. Based upon review of records kept on behalf of the Plaintiff, the last payment posted to the account on January 30, 2009. The account shows that the defendant owes a balance of $2,750.95 I, "Ashley Lashinski", verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crime Code(18 PA C. S 4904) related to unsworn falsification to authorities.