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Found 840 results

  1. Hello, I started reading some posts after getting served today with a court summons. Midland funding bought my $300 CC debt which somehow appears as $661 on the paperwork and it is really stressful as I am trying to fix my credit at this time. I cannot get a judgement against me or it will ruin my credit which I've managed to build since late last year to a decent score. Please help!!
  2. Hello All, I received a summons from Midland Funding that they are sueing me. I am sending my answer letter, plea for jurisdiction, and a special exception to account stated. I hope this is correct. I need to know what I should do next. The details are listed below. (I was also summoned with a copy and not the original documents. Does this count against them?) Here is my info: 1. Plaintiff: Midland Funding LLC as successor in interest to Synchrony Bank 2. What is the name of the law firm handling the suit? Scott and Associates PC. 3. How much am I being sued for? 2,041.00 4. Who is the original creditor? JC Penney (Synchrony Bank) 5. How do I know I'm being sued? Papers delivered to my home. 6. How was I served? Copies of the original delivered to my home, I didn't have to sign anything. They just handed me a copy and said call this number. 7. Was the service legal as required by my state? I do not know. 8. What was my correspondence with the people suing me before I thought I was being sued? I have not spoken with them. Only letters recieved in the mail 9. State and county I live in: Harris County, Texas 10. When was the last time I paid on account? May 9, 2014 11. What is the SOL on the debt? I believe 4 years. 12. Status of case? It has been filed in the Justice Court Clerks office as a Civil Suit. I just sent my answer letter. 13. Have I disputed the debt with the credit bureaus? NO 14. Did I request debt validation before suit filed? No 15. How long do I have to respond to the suit? says 14 days from my receiving the summons. 16. What evidence did they send with the summons? A copy of the original petition. Like this Quote
  3. NH Small Claims suit brought by Midland Funding LLC. I can;t find a lot from NH for small claims This was a Synchrony/Amazon card and the amount being sued for is $2,995.08. There were absolutely zero documents attached to the complaint - how is that possible? I was served by mail (that's how they do it for small claims). I think I might be able to win this but the Rules of Evidence don't apply in small claims and and I am confused as exactly what this means. How am I suppose to know what Midland has for proof of ownership of debt/standing to sue me? Is this a normal thing for them to do? I would think that when I show up that I would be allowed to review what they have? I have to respond, and I will deny, but because I have no idea what they have, I am not sure if I should just file for arbitration or take the chance and ask for trial? I'm confused by the lack of any documents! I want to wait to file until the day before it's due to give more time to prepare. The complaint states: Plaintiff is the successor to the original creditor for the account described in the Statement of Consumer Debt. After the defendant established and used the account, the creditor sent statements of activity and balance. Defendant failed to pay the stated amount. Plaintiff sues upon account stated to recover the outstanding balance. The Statement of Debt reads: Statement of Consumer Debt: Basis for this Statement: Information provided by my client Basic information for cases arising from the extension of consumer credit: Account number: last 4 Date of last payment: July 2014 (within the NH SOL of 3 years) Amount of last payment: $70.00 I did receive notice from law firm in November 2016, that they were hired to collect on behalf of Midland. I sent a debt validation; no response other than to be served with Small Claims suit. Thank you, very much!
  4. Hi, I've been reading threads here for few days now.. and I was wondering if I stand a chance against Midland Funding. They haven't sue me yet. But I received letter from them trying to collect a debt and says if I don't reply to them, they're going to sue me. Therefore, I sent them a letter telling them I wanna elect Arbitration about this matter. (Which I read in arbitration step by step thread) After that, they sent me documents like bill of sale and affidavit from original creditor and credit card statements. Now Im asking whats next thing to do?
  5. I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. The complaint states I breached a contract. "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit account was issued to the defendant under the account number **************. Synchrony Bank/Gap supplied the credit account to defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fee." The amount owed is not what was charged off in 2014. So I obviously do not want to pay them. The date printed by the attorney on behalf of midland is for Nov. 28, 2016, then the date of Dec. 8th, 2016 was when it was filed, and Dec. 16th of it being received. Thanks for any help.
  6. I say this is a Zombie Case cause it had no activity or signs of life for almost 3 years. 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? ~2300 4. Who is the original creditor? (if not the Plaintiff) Chase (Actually Washington Mutual) 5. How do you know you are being sued? (You were served, right?) Served in 09/2013 6. How were you served? (Mail, In person, Notice on door) Personal Service 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? Dont remember, little to none 9. What state and county do you live in? Fresno, Ca 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) As per JDB 7-11 (was within SOL at original time of filing) 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Status Open no pending dates However case was in a state of inactivity for almost 3 years. The last activity was in 09/16 when a affidavit in lieu of testimony was filed. I just found out about this today because I was called by place where I used to live that I received some important documents in the mail. So I checked the court website and seen their CCP 98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes in 2013 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? See question 12 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the original filing which was unvalidated and the current CCP 98 nothing much has been filed or happened. I did of course file a general denial and response back in 2013 in a timely manner. I did wish not to stir the pot since it seemed I might be able to wait the 3 years to have the case dismissed due to lack of prosecution but it seems they did The CCP 98 just in time. Im a bit at a loss because the case does not have any pending court dates. No pre-trial hearings or CMCs scheduled. I also have not received anything else. My questions: 1: the address on the CCP 98 is in excess of 150 miles, should I do nothing with that and simply file a MIL when the trial is scheduled? 2: Do I need to file a change of address with the court? 3: if they had asked for interrogatories and admissions would those have had to be filed? 4: I have some experience in criminal and civil law due to working as a court interpreter, but I want to act as much as novice as possible in order to not show my hand. Is this the course you would recommend. Besides a CCP 96 before trial, a brief and MIL with Supporting Argumets is there anything else I should have on my radar? Thank you you all in advance for your time & consideration.
  7. 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.) Gamache & Myers 3. How much are you being sued for? 1671.41 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 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Cape Girardeau, MO 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2011 11. What is the SOL on the debt? 5 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). Service not returned 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? Not required to answer by MO state law 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, statement, and another scan I've linked below. https://drive.google.com/file/d/0B1FMoK9IXQKAclEtRXVIZGR5c0k/view?usp=sharing
  8. I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active: Immediately after filing our answer, we received a "debt validation" through the mail: -An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. -A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding. -A run of the mill credit card agreement, but no signed contract. We also received a request for admissions and production of documents. I have checked the forums, but can find no admissions templates that apply to our case. Yeesh. That is a wall of text. If anyone would be able to help me figure out what to say here, it would be much appreciated. I haven't seen any examples with so many requests in the forums, hence my post. Thanks
  9. This isn't my first rodeo. I have a thread here for my own case (which I won) and am now at the point of filing for Proposed Judgment of Dismissal to get my costs back. Thanks to Calawyer and RyanEx for your help with the drafts! Now to the point why I'm posting. Midlund Funding is suing Hubby for a debt that's smaller than what I had been sued for by about $200 and change. He has sent a BoP, a MTC when they responded with almost nothing, and filed a GenDen, gotten a Trial Setting Conference date, and he's in the middle of Discovery. They've responded to his First Set RFP with more paperwork than they had to the BoP and MTC. This time they've included copies of letters he sent to get VALIDATION (not verification) of the alleged debt, and when they failed to respond, he wrote them another letter with the same request, and they, again, failed to respond. This happened at the beginning of this year, according to the dates. Now the kicker: they've included a copy that they've notified him that they bought the account (7/1/2016 - never received), a copy that Hunt & Henriques that they're handling the Midland account (10/29/2015 - never received) and a copy of their "Intent to Sue" dated 12/22/2015 (received). We did NOT receive the first two letters (and it's questionable they even sent these) but Hubby did receive their letter (along with family Christmas cards) for their intent to sue. Hubby sent a DV on 01/07/2016, which they didn't respond to. When no response came, he got nervous and sent another DV on 03/21/2016, which they also ignored (my guess is, they were planning to sue all along). My question: HAVING THESE COPIES, HOW DOES HE RESPOND TO THEIR DISCOVERY, SPECIFICALLY THE NO. 14 and NO. 15 of the ROGS? No. 14: Have you ever corresponded with Midland Funding LLC in writing regarding THE CREDIT ACCOUNT? Should he here mention the DV letters he's sent since they have copies? No: 15: State all facts upon which you base your denial of the complaint in this action. Should he just respond with "Based upon the foregoing objection, defendant responds as follows: DENIED." I will appreciate any and all help. He must mail back the responses to plaintiff's ROGS, RFAs, and RFPs by Friday, November 4 which marks the 35 days after they sent their Discovery, but I don't want him to be late. PLEASE HELP ASAP.
  10. Hello everyone, I am hoping I can ask for your help. On October 5th, my husband was served a summons/complaint regarding a long closed credit account from Wells Fargo. It has been over 6 years (our state's SOL) since the last activity on the account, so it should be a time barred debt. The account was in his name only, but I am doing all I can to address this promptly and thoroughly for him since he is always working. We called a local consumer rights attorney for a free consultation, but he didn't seem to think we should file an answer. He said that we should mail a certified letter to the lawyer who filed the suit/served the papers, informing him of the time barred debt (with proof), but I am confused about this approach. This assumes that they won't continue to press their suit, and from what I understand, these guys are relentless, time-barred or not. Also, wouldn't any correspondence confirming any knowledge of the debt, or the proof from my husband's credit report timeline restart the SOL? I have been browsing the forum, and found enough helpful information that I understand a bit more about our rights, and filing an answer, I just need an idea of what to do next. We're not very good at "legal-ese", so please go easy on me Thanks very much! 1. Who is the named plaintiff in the suit? Midland funding, LLC. (sorry about the following quote, I don't know how to get rid of it) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami. 3. How much are you being sued for? $2,900.00 plus "plaintiff's costs and disbursements incurred". I'm amazed no interest was mentioned. 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank (credit card). 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? My husband has had zero correspondence with them, minus receiving letters threatening legal action unless they are paid in full. They have consistently been calling my phone looking for him/even my mother's home phone, but we always hang up. 9. What state and county do you live in? Washington County, Oregon. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July-August 2010. 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). Suit served. At this point, the case is simply waiting on my answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, my husband has disputed this account every year with the credit bureaus. 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? 30 days from the date of service (10/05/2016). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just a cookie cutter statement. 17. Read this article: Okay. The following is the summons/complaint received.
  11. I am being sued by Midland Funding, LLC. I could use some help on filing my answer. I was served on Sept 18, 2016. In Arizona you have 20 days to file an answer so the clock is ticking. I found this questionnaire somewhere on this site, so I answered the questions. I've spent the last couple of days trying to read through all of the info on this board, as well as one other, but I'm running out of time, and I'm still not sure what I should respond in my answer. I went through this a few years ago with another jdb, and paid an attorney, who in the end did absolutely nothing that we agreed upon. Instead he told the opposing attorneys to go after my husband because "the guy is a d**k" This debt still shows on my credit report as owed, and I paid the attorney more than the debt. I just don't want to end up in the same mess. For this debt, I'm willing to settle, but I don't want a judgement on my credit. If anyone can help, please advise. Also Midland is the third creditor to try to collect on this debt. Here is my response to the questions: I don't know if this means anything, but at the bottom of #12, in my case information it says Notice Pending Dismissal of Lawsuit 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, Esq 3. How much are you being sued for? $625.67 4. Who is the original creditor? (if not the Plaintiff) BARCLAYS BANK DELAWARE JUNIPER 5. How do you know you are being sued? (You were served, right?) I was served on 9/18/2016 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? Didn’t respond to notices or phone calls. Got one call at work, and told them not to call me at work again. This was about a week before I was served 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) March or April 2012 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case Information Case Number: xxxxxxx Judge: Conti, Frank File Date: 9/9/2016 Location: Dreamy Draw Justice Court Case Type: Justice Civil Case Status: 01 - New Case Party Information Party Name Relationship Sex Attorney MIDLAND FUNDING LLC Plaintiff N/A Barry Bursey xxxxxxxxxxxxxxxxxxxx Defendant N/A Pro Per Disposition Information There are no disposition notes on file Case Calendar There are no calendar events on file Events Event Type Sub Type Judge Result Result Date Affidavit of Service Private Process Conti Served 9/18/2016 Notice Pending Dismissal of Lawsuit Conti // Judgments There are no judgments on file 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days from September 18th (by 10/7) to file answer No, I did not receive an interrogatory 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence and no exhibits
  12. 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.) There are 5 named lawyers. Top one is Mishala J Grave (I spelled the name wrong so it wouldn't come up in searches. I guess I am being paranoid). 3. How much are you being sued for? Just shy of $2000. 4. Who is the original creditor? (if not the Plaintiff) Nothing in the documents sent says. I assume it’s for a Chase Credit card going by the amount sued for and referencing my credit report I did last year. 5. How do you know you are being sued? (You were served, right?) Received forwarded mail (Writ of Execution from my Credit Union) to my new address just recently. Supposedly I was served at my old address in 2013. This can’t be the case because I would have acted on a court summons. 6. How were you served? (Mail, In person, Notice on door) Supposedly by mail. I never received a summons only a Writ of Execution. 09/12/2013 PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO XXXXXMEXXXXXX SERVED ON 09/05/13 WITH FEES OF $136.00. 7. Was the service legal as required by your state? I never received a summons and do not believe they used “reasonable diligence” to deliver me one. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a Memorandum of Costs After Judgement and then a couple of weeks later a letter from my Credit Union notifying me of the Writ of Execution. Other than this I have never heard of Midland Funding. 9. What state and county do you live in? California Los Angeles County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) ??????? 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). Judgement for plaintiff Writ of Execution was issued. Money was already taken from my account. Last week which was the first I heard of the fact that I was even being sued. Last Entry on Case Summary: 08/12/2016 WRIT OF EXECUTION ISSUED TO LOS ANGELES COUNTY ( 1913.13 ) 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? I don’t know that I can. No date is given on any of the documents sent to me and again I never received a summons. 15a Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing I am hoping that somebody can give me an answer as to whether or not I can even pursue a Vacation of Judgement. The court that Midland Funding filed everything through is in San Bernardino and I live 80 miles away in Los Angeles County and have for the last 3 years. The summons that they supposedly sent was sent to that address in Los Angeles County. I work across the street from the LA Superior Court! Is this grounds for improper Jurisdiction? It is my opinion that they tried to slide this case through in order to obtain a default judgement against me without my knowledge or ability to defend myself. I hope to hear back soon as I am using my day off tomorrow to travel to San Bernardino to file a Vacate Judgement on grounds that I was not served and/or improper Jurisdiction. Thanks for your time!
  13. Hello, I am doing some research about debt buyer lawsuits in Rhode Island, specifically what tends to happen to the lawsuits after they are filed. In looking at court records for cases filed by Midland Funding in one month this year, I have determined that at least 14% were dismissed with prejudice. In these cases, the court docket shows that the defendants were served with the summons but never filed answers. The dockets also show that Midland Funding dismissed those cases within a few weeks to a few months after they were filed. During that same month, Midland obtained default judgments in at least 51% of the cases they filed, so I'm interested in why Midland would dismiss some cases but get defaults in others. If I had to, I would speculate that after being served with the lawsuit, the defendants contacted Midland Funding's lawyers and provided proof that they were uncollectible; although I would be surprised if Midland would give up just for that reason. In any event, I am wondering if anyone has had a similar experience with Midland Funding: being served with a lawsuit, not filing an answer, and still having Midland dismiss with prejudice. If so, I'd be very interested to know what led to the dismissal. Thanks in advance.
  14. Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery.
  15. I've been singularly engrossed in academic work since the beginning of the year. So it was just yesterday that I read the AZ div1 CoA memorandum decision on Midland v Van Slyke (CV 14-0851). Has there been any prior discussion of this decision on this forum since the issuance of the ruling on Feb 25th? I couldn't turn anything up either in a forum search or by way of a site specific google search. The decision is unpublished and creates not binding precedent but only persuasive authority (Slyke's counsel has since requested the publishing of the ruling). I'm thinking about the decision's impact (as persuasive authority) on RoE 803(6) and Parker, as applicable specifically to these sorts of cases. But I don't want to drone on about it in a new thread here if others already discussed it months ago. If there has been any prior discussion on the forum here about this decision I'd be grateful if someone would be kind enough to point me to it.
  16. I was served on yesterday by a process server. I have read a lot and I'm confused because the Law office included the original credit card agreement which has an arbitration section in it as well. Don't they have to go through arbitration first???? 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.) *, P.C. 3. How much are you being sued for? $715.09 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Process server gave me a summons 6. How were you served? (Mail, In person, Notice on door) In person, process server 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 that I am aware of. 9. What state and county do you live in? Mississippi, Harrison County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Paperwork says 6/24/2014 11. What is the SOL on the debt? 3 years 12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Recently served. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, More than once 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? 30 days to respond. They claim I am indebted to them for the amount listed above. No interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit , legal officer from Midland Funding and MCM, Credit One Bank Affidavit, Ack of signature, Certificate of Conformity, Bill of Sale and Assignment from MHC Receivables, LLC, Affidavit of Sale from Credit One, another cert of conformity, another Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, another cert of conformity, a database printout of the account with my name, social, etc, 2 bill copies from January 2015 and February 2015, Credit One Bank card holder agreement, letter from Finkelstein.
  17. I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my address with Motor Vehicle back in early 2010. The original debtor was Target National Bank. My primary defense is lack of personal jurisdiction, improper service. In addition, the city I moved to was in an entirely different county from where the lawsuit was filed. (Filed in Cumberland County, NJ and I reside in Salem County, NJ). I am hoping to win the motion without putting much emphasis on the County difference. I am comfortable with the current judge and don’t wish to change venues unless it is my only option left. Soon after I filed the Motion I received a letter from the Plaintiff's attorney asking me to prove my address from November and December 2011, when service occurred. As far as I know I already did provide proof of address change and enough documentation to show a pattern of my whereabouts during this time period. I am not sure if I should send them something right away or wait to see if the judgement is vacated? I have requested they Validate the Debt already and Pressler & Pressler refused since they had already won the default judgement. In any case, if my motion to vacate is successful, I would assume Midland Funding will attempt to refile. They might refile in Salem County this time, or attempt to restart or refile in Cumberland County. NJ Statute of Limitations on Debt Collection is 6 years. Since the original date of default on the debt is from 2008, is this debt now considered time-barred? Or is there any reason the statute of limitations would be ignored or reset? Of what issues should I be aware?
  18. 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.) Michael Young 3. How much are you being sued for? $2083.80 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think 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? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2014 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). 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 was served on March 22, 2016 and have already responded to the suit. Court is set for June 1, 2016. I did not recieve any questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Credit card statement, Bill of sale from MHC Receivables, Affidavit of Sale, Certificate of Confromity, Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, credit card Contract I have already answered, but don't know what to do now. I have also just been served with a second lawsuit from a Portfolio Recover Assoc LLC today 5/11/2016 which I have not responded to, but will in the next few days. Like this
  19. This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested in the validation letter was ignored. So, after I looked at what they sent back I didn’t do anything because at this point I wasn’t being threaten to be sued. I figured they’d just go pick on somebody else who was an easier target. I was wrong. A few weeks after I received the letter back from the collector. I was returning home one day and a car pulls up in my driveway behind me and an older man gets out of his car and asks if I was the person he was looking for, and I was. I was then served the complaint/summons. Like many, my gut sank and I panicked. After a day or so, panic turned into anger and fueled my desire to beat Midland in court. I did my homework and used the info I gained from this website and answered the complaint. A week or so later I received a packet from the attorney, which was their request for discovery. If you don’t know what discovery is, it’s the plaintiff (Midland/Attorneys) asking for all the info that you might have to help them with their case against you because they don’t have anything or very little to get a judgment against you. As I went through the discovery packet to see what Midland wanted from me I became overwhelmed. So, I called an attorney and had him answer the discovery for me. It wasn’t cheap, but better than letting Midland win and having to pay an alleged debt to them. Now that the discovery was completed and filed with the court, I wait. As a week goes by, I receive a notice of hearing from the court. This is my first chance to really see how this is all going to unfold. So, the hearing date comes and I appear in person and the attorney phones in. That’s right! The attorney doesn’t even show up to the hearing and on top of that, the attorney who called in wasn’t even the attorney that had his name all over the complaint and discovery. The new attorney had the lawsuit dropped on his desk that morning. This was a strong indication to me how this was all going to unfold. At the hearing I stated that the debt wasn’t mine and the attorney said if this was a fraud case that they didn’t want anything to do with it and all I needed to do is fill out an affidavit and hope that Midland would drop the lawsuit. At that point the Judge scheduled the trial date and that was the end of the hearing, which only lasted 15 mins. A couple days go by and I receive an email from the attorney and it has the affidavit attached to the email. I open the attachment and read through the affidavit and realized that they were requesting the same personal info that I objected to and didn’t provide in the request for discovery. So I didn’t fill it out and again waited. The day has now come. Leading up the trial date I organized my defense and mentally went over it in my head almost to the point of going insane. I get to the courthouse about 20 mins early to once again go over my defense and in hope that maybe no one shows up for the plaintiff. Five mins before the trial is set to begin, I see a short elderly man walk into the court room. CRAP! I was really hoping the attorney wouldn’t show and I’d win by default. Oh well, let’s do this! I enter the court room and take a seat and get organized. The judge enters; we stand, and then sit. The judge starts addressing the attorney and it turns out that the attorney sitting in the court room isn’t even the attorney from the actual law firm representing Midland. The law office hired some random rent-a-lawyer to appear and he only had from the previous night to look over the case. The judge addresses the lawyer and the rent-a-lawyer calls me to the stand to testify. I was prepared to be questioned and how to word my answers in case the lawyer tried to be tricky, and he was. He started off with a few “Yes” questions in order to get me in the frame of mind to say YES to anything he says. But when it came to the questions of the alleged debt, I was a rock. Remember, it is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. Remember everything I just said because it comes into play in the second lawsuit. Anyway, after a few minutes of denying the judge turns to me and asks what I have to prove my case. What I presented to the court was my debt validation letter that I sent months ago and how it went for the most part unanswered. The judge asked a few questions to the rental lawyer, which the lawyer seemed to get confused by the questions and my presentation of my case. Rent-a-lawyer and I went round and round over my evidence and finally he got it. I was then put back on the stand and that’s when the lawyer tried to submit what I was sent in discovery from original attorneys into evidence. The judge turned to me and asked if I had seen the documents and I said, “Yes and I object to it on the grounds of hearsay”. The judge looked over the documents, which consisted of a bill of sale, affidavits, and some print outs of what was allegedly purchased with account in question. Then the judge turned to the lawyer and told him that based on what he has reviewed in the documents, he agrees that it’s all hearsay and will not admit the documents into evidence. The judge then started on the rent-a-lawyer by asking him questions on how he could even consider a judgment in the favor of the plaintiff based on their claims. And that’s when the lawyer thru his hands up in the air and said, “Fine, motion to dismiss the case without prejudice”. RED FLAG! That’s when I turned to the judge and requested the case be dismissed with prejudice. The judge made a few comments to the lawyer about how I’ve spent time and money over this case and that he was going to honor my request to dismiss with prejudice. Finally, this five month stressful experience was all over and I’ll never go through this again, right? So I thought. The Second Lawsuit Fast forward ten months from the end of the first lawsuit and I get served again by the same law firm and Midland, but for a different alleged account… on my birthday. I want to take a moment and talk a little about Midland. If they get their hands on a junk debt that they say you owe, I can almost guarantee they will come after you based on my experience. Midland, as many already know, is notorious for filing lawsuits. But from what I have seen from them in the court room, as long as you do your homework and show up in court, you will have the upper hand. Ok, let’s get to this second bogus lawsuit. The process was the same from the complaint/summons and discovery as the first lawsuit, but this time I didn’t need a lawyer to complete the discovery because I kept the one from the last lawsuit. So, the complaint and discovery were word for word copy for the most part so all I had to do is make a few changes to make it fit. Once all the paperwork was filed with the court and copies sent to the Midland’s lawyers, I sent a debt validation letter to the law firm. I figured what the hell, why not. It was the same format as the letter I sent in the first lawsuit and I got back the same garbage from the debt collector (law firm) as I did in the first lawsuit. The hearing date comes and goes and a trial date is set by the same judge as the first lawsuit, which was a good thing for me because I knew what to expect from the judge and how he worked. A week before the trial everything changed and I thought I was doomed. I was getting my mail and received an 8 ½ X 11 size envelope from the lawyer. Now I’m thinking, great, what now. What they sent me was a Notice of Exhibits and Witnesses for trial and a Notice of Intent to use 902(11) Evidence. Ok, let’s break this down. The exhibits and witness consisted of the same documents that I received in discovery except, one new document that was titled Book Records Affidavit or something like that and two female names and mine were listed as witnesses that may be called upon at trial. Up until I received all this new info, I was confident in my case, but all that went out the window and I felt like I did during the first lawsuit. Again, a day goes by and the panic turns to anger and strength to get my head on straight. First I realized that Midland was trying to scare me into believing that they were going to fly witnesses from out of state to testify against me. Financially for Midland it made no sense. Second, what the hell were these women going to testify to? Anyway, I prepared questions to ask them at trial and planned on objecting to anything they say on the grounds of Lacking Personal Knowledge and Hearsay. Now to the important part of the notices I received, Notice of Intent to use 902(11) Evidence. In my state this rule basically protects the plaintiff’s evidence from the hearsay rule based on the grounds that the documents were maintained accordingly by the party. I had a hard time with this one and I was going to take my chances at trial to get around the rule. On the day of the trial I was a wreck. But, I had to keep in mind that they still had to prove their case to the judge. Remember what I said back in the first lawsuit? It is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. This is how I used the above statement for my defense: Midland Funding did not have a contract with my signature or agreement from the original creditor showing I owned the debt and they didn’t show how they calculated the amount and what was purchased with the alleged credit card. Midland Funding didn’t have a contract/agreement between me and Midland stating that I owe them anything. And most importantly, as I examined the bill of sale there was not one mention that Midland Funding, LLC actually purchased or owned the specific debt that they claimed I owed. NOT ONE WORD. All it stated is that Midland bought a POOL of charged-off accounts. Everything that I mentioned above is essential for JDB’s to prove their case and they don’t have such info, unless you give it to them by agreeing to pay them. Ok, now for how it all went down in court. I get there early like last time and wait in the court room eagerly watching the clock to strike 9 am. About five minutes till 9 a tall order man walks into the court room and asks if I am the defendant and I say yes. Then he goes on to say he’s the attorney representing Midland Funding, LLC and guess what? He’s a rent-a-lawyer! This lawyer like the last only received the case files the day before and he was alone. NO WITNESSES. The rental then asked if I’d be interested in settling and I said no thank you. The judge enters; we stand, and then sit. This time we each get to have an opening statement before I get called to the stand. So, in my head I know the lawyer is going to ask the “YES” questions and try to trip me up. Not going to happen. He starts off asking basic questions like what’s my full name and address. Then he started with questions on the alleged debt. After I honestly denied his questions, he started to introduce his evidence. The rental did this in a very drawn out way by introducing one document at a time and explaining why it should be admitted. As soon as he went to submit the first exhibit, I OBJECTED on grounds of hearsay. Remember the Notice of Intent to use 902(11) Evidence, well it was used and it worked for the rental. Every document he submitted for evidence was accepted by the judge based on the 902(11) evidence rule and the hearsay rule was useless. So now that Mr. Rental had all of his exhibits entered into evidence, I was given the opportunity to make my case. I knew I had to push hard and really focus on the statements that I outlined earlier for my defense. When it came my turn to present my case I started with the easy approach. I went with the debt validation letter I sent to the law firm. I made the case to the judge that I had sent the letter and it was ignored for the most part and they failed to send me what I requested in the letter. I also made the case that what was sent to me could have been created by anyone with a computer that had Microsoft Word. The judge agreed. The letter came back into play, but I’ll touch on that in a few. At this point, the rental didn’t object to anything I was saying and the validation letter was admitted into evidence. Next, I started on all the documents that were admitted against me and that weren’t. First, where’s the contract with my signature stating I entered into with the original creditor? Judge, “Counsel do you have that document?” The rental states, NO. Then I move onto the bill of sale. I bring to the judge’s attention that there’s not one word in the bill of sale that states that Midland had actually purchased the specific alleged debt that they are claiming they own. The only words that state that Midland bought anything were POOL of charged-off accounts. No specific indication that Midland actual owns the specific debt that they are trying to sue me for. This unleashed a hail storm of questions from the judge to the rental, all of which the rental had NO answer or proof of. With that being said, I attacked with, where is the contract that states I entered into an agreement with Midland to pay them? Again, the judge rips into the rental with more questions. Judge, “Counsel, I don’t see an agreement in which the defendant and the plaintiff entered into a creditor/consumer contract, do you have one?” The rental sits for a second and then replies, “No”. After that the judge started recapping everything I pointed out and lectured the rental on how can a suit be brought forward if there isn’t enough evidence to prove their case. Now we get to what sealed the deal, if not already. While the judge was lecturing the rental he noticed something on one of the documents that was submitted into evidence by the rental. It was a credit card statement. The statement had three different dates on it and one of those dates I didn’t notice and over looked. One date was a date referencing being a member since whatever year, the next was a due date which was two years after the member date, and the last, the one I over looked had a date that went back SIX years before the “member since” date and showed interest charges. What a minute! How could interest charges be on a statement SIX years before being a member? RED FLAG! The judge then stated that the date of the interest charges date back to being thirteen years old, which puts the alleged debt eight years past my states statute of limitations. So not only does Midland have nothing document wise to prove anything, now they lack legal standing to even bring suit because one can now make the case that the statute of limitations has well come and gone. I really wish I had noticed the dates when I received the complaint/summons and had the case dismissed with prejudice at the hearing. Oh well. After piling my defense on the court and the rental, the rental puts me back on the stand for a last ditch effort to question me. He asked a few basic questions and at that point the questions he was asking I could only speculate on and that’s all I said. The rental said no further questions and I stepped down from the stand. The judge then asks to hear our closing statements. Mr. Rental’s closing statement was him just asking for damages to be rewarded to the plaintiff based on that they FEEL I owe the debt. You have got to be kidding. My turn comes and I summarize everything that I have mentioned and requested the case be dismissed with prejudice. The judge then makes a few remarks and then dismisses the case with prejudice based on the evidence provided in his court room. I hope someone can learn from my experience and win as well. Remember, they have nothing. All they will try and do is scare you. Even if the hearsay rule can’t be used, it doesn’t mean you can’t win. They still have to prove everything I outlined earlier. Stay strong and don’t give up. Good luck!
  20. I am being sued by Midland Funding and am planning to file a motion to dismiss/summary disposition before I file my answer but am having an extremely hard time finding any forms online to fill out to file for this. Can anyone help? I am finding examples but can't seem to copy the text to modify for my case. ETA: See below for exact details on the case including Complaint and Affidavit.
  21. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharine Allen 3. How much are you being sued for? $1,744.37 + "all costs of suit and all other relief, in law and equity to which plaintiff may be entitled" 4. Who is the original creditor? Synchrony Bank (Amazon.com Store Credit Acct) 5. How do you know you are being sued? Citation 6. How were you served? Sheriff served my parents 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? Parker County, TX 10. When is the last time you paid on this account? 07-25-14 11. What is the SOL on the debt? Within the SOL 12. What is the status of your case? Suit served? Motions filed? It was still listed as unserved when I looked it up on the night of. I haven't re-checked 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? No. 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, account stated, damages. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? I attached the citation, the only that was included was a bill of sale from Synchrony Bank, an Amazon billing statement and a field data sheet with my information on it and blacked out account numbers.
  22. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks If you can't open attached file, here's a link to the file https://dl.dropboxusercontent.com/u/13005707/case-broward-county-fl.pdf case-broward-county-fl.pdf
  23. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks If you can't open attached file, here's a link to the file https://dl.dropboxusercontent.com/u/13005707/case-broward-county-fl.pdf case-broward-county-fl.pdf
  24. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks case-broward-county-fl.pdf
  25. Good morning! This is my first post here. My husband is being sued by Midland Funding here in South Carolina and we're moving into the mediation phase. I'd like any advice on how (if it's possible) to beat these vultures here in South Carolina. I will provide any information needed. I have read through a couple of threads and understand that use BV80 is the resident SC expert. Any and all help is appreciated!