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Found 840 results

  1. I am currently being sued by MF in Delaware for $750. I answered their complaint and then soon after the sent me their interrogatories and also filed for summary judgment prior to the trial date. I did answer the interrogatories and I also showed up in court to contest the summary judgement. I also sent them my own interrogatories along with a request for production of documents. The lawyer for Midland withdrew his summary judgment since obviously I showed up in court and he did not have enough evidence to go forth with it. He was basically fumbling around and a nervous wreck and was asking the judge if he could get a witness to testify via video and also asked if we could push back the trial date, which was only about 3 weeks away. The judge asked me how I felt about pushing the trial date back and I said no. The judge said he felt that the lawyer only wanted to delay at the convenience of the witness and wouldn't grant his request. Meanwhile, the lawyer for MF still needed to get my interrogatories back to me, which he did, except he was late in sending them. He was supposed to have them to me 10 days before trial and I only just received them 5 days before trial. Also out of 20 interrogatories, 14 of them were objected to and number 20 was never answered at all and almost every question on the POD was objected to. Then they just attached the same old generic bill of sale and another document that has every piece of information blacked out or redacted. Also the judge had told them that if they want a witness to testify through video, that the would need to request it and I had the option to object. The judge told me it would be to my benefit but I disagree. I don't think they would risk trying to being someone in to testify in person for a $750 debt. If anyone could give me any info especially pertaining to Delaware laws that would help me in my case I would appreciate it. My trial date is the end of this week.
  2. Hi there, wondering if anyone has any advice. I was served with what appeared to be legal papers in July 2015 from Messerli & Kramer, PA in Minneapolis regarding a debt ($1500) that Midland Funding bought. In Minnesota, the case does not have to be filed with the court in order for someone to be served with papers. My case at the time had not yet been filed. I did my homework and responded with an answer and sent it to Messerli within the 30 day time frame. I admitted to nothing other than having had an account with the bank they mentioned. I never admitted to which account that might have been or anything like that. I figured that like most cases, they have no real evidence of anything. They sent more legal papers back to me with a settlement offer of $1400. I am a stay-at-home mom with $100, 000 in student loan debt. I have nothing. No assets other than my car and a bank account that is constantly in the negative. I have nothing they can take. I also don't have $1,400 to settle or money for a lawyer. I am going it alone with sheer will and determination. They said that I needed to accept the offer or go to court. If i was to decline their offer, they advised me to call them to start the discovery process or to mail them a letter stating when they could call me to start the discovery process. I sent them a simple letter stating that I could not accept the settlement offer at this time (who knows how much evidence if any, they even have!) and that they could reach me the following Friday between 8-4P at such and such phone number. They never called and I haven't received anything since. It has been well over a month. Should I call them? Or serve them with discovery myself? How do I find out if my case has been filed in court in my county? I can't file my answer or anything else with the court until it is, right? Any help is greatly appreciated!! Hilary
  3. I need to file an answer to the complaint Midland Funding has filed against me in civil court at the JP in Travis County to recover money from an old credit card that I received in or around 2010. I need some assistance on how to answer.
  4. So, I currently have a thread for a summons I received from midland on a BOA card I had. Today I was served by midland once again for a citi bank card I had. I know it probably wouldn't matter considering midland has all my information on where I live now, however, would it have made any difference if I just didn't answer the door? 1. Who is the named plaintiff in the suit? Midlund Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) a midland law firm. 3. How much are you being sued for? $2,388 4. Who is the original creditor? (if not the Plaintiff) CitiBank 5. How do you know you are being sued? (You were served, right?) My Brother accepted papers. 6. How were you served? (Mail, In person, Notice on door) In person, to my brother, for me . 7. Was the service legal as required by your state? I'm not sure 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, Pima county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 31, 2009 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). I've just been served at this point and nothing else. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, we got in spot where we couldn't pay and have never heard anything from CitiBank 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. As for the midland boa summons, I elected arbitration with attorney, filed my answer which requested arbitration, and filed MTD/MTC. Should I do the same for the citibank. Thanks so much for all your help, this time when I was served I wasn't as nervous because I have people like you willing to help and I have learned so much already. Thanks
  5. Hello everyone, so this morning my bother who is living with me accepted a Summons to appear in Civil Court regarding a Suit by Midland Funding LLC. They are stating that the debt is with FIA Card Services, which I never heard about, until I did some research and found out they are tied to BOA. I live in Tucson AZ, and from the research I did I do believe they are within the SOL. The account was 180 delinquent and closed May 2010 and the SOL here in AZ is 6 years I believe. They are saying I owe $7,370 and do not explain anything about interest or other fees. I am being sued on two accounts - 1. Breach of Contract and 2. Account Stated. They say I have 20 days to respond with an answer, and they did not include any evidence to this debt being mine. From my own research i do believe it derives from the BOA credit card I had. My husband I used that card to help pay for our wedding, and then my husband got out of the military during the Gov Job hold and we couldn't find a job. The card was then used to pay utility bills and food and we got in a spot where we had to let the card go. I'm now a stay at home mom with a 2 year old and have enough craziness in my life before this came. My husband and I were on a road to credit repair and now I was served with this summons. I have read a few posts in this forum, however, just seem a little bit lost and overwhelmed. We don't have the kind of funds to pay $7,370 and don't want to file a BK considering we have been working on improving our scores. Any help would be much appreciated. I see people answering these questions so thought I would do the same. 1. Who is the named plaintiff in the suit? Midlund Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law firm out of scottsdale 3. How much are you being sued for? $7,370 4. Who is the original creditor? (if not the Plaintiff) Fia Card Services - formally BOA 5. How do you know you are being sued? (You were served, right?) My brother accepted these papers at the door. 6. How were you served? (Mail, In person, Notice on door) In person, to my brother, for me . 7. Was the service legal as required by your state? I'm not sure 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, Pima county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2009 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). I've just been served at this point and nothing else. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, we got in spot where we couldn't pay and have never heard anything from BOA or Fia Card Services 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. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - There is nothing. No affidavit, no contract, nothing. Any words of advice would be great. I contacted my sisters BK attorney who was of no help, he just stated that I should call and try to settle, or file BK. Thank you so much for taking the time and reading this post.
  6. I've also been sued in AZ by Midland Funding for a personal line of credit for health care services. They filed a Notice of Service of Disclosure Statement on July 22th but I didn't do anything with it upon receipt as I wasn't sure what to do. Then I had a mediation hearing today but did not enter into any agreement because I recalled that there was a CFPB ruling against them about 2 years ago and I didn't know the details of it. I just found it here and wanting to know if there's any recommendation as to how I should proceed from this point. They've also filed for a Summary Judgement which I have until August 10th to respond to. Furthermore, I'd like to know which category of the SOL this line of credit falls under in AZ. Is it an open end account subject to 3 years SOL or is it considered a credit card subject to 6 years SOL. When you opened the credit account were you 1.) given a credit card, 2.) given a loan for a fixed amount that was required to be repaid within a specified amount of time, or 3.) given an account where you would make charges up to a specified limit and then required to make monthly payments to pay down the balance? 1. ) I was given a credit card that could only be used for medical services with participating service providers. 2. ) I was given a revolving line of credit up to $2,500 3. ) I was required to make monthly payments after a "no interest- no payment" period. How to upload the complaint and motion for summary judgement? . #1 will most likely be viewed as a credit card subject to a 6 year SOL. #2 will most likely be treated as a written agreement, also subject to a 6-year SOL. #3 could be an "open" account subject to a 3-year SOL but could also be a written agreement depending on the details of the contract and how the complaint is plead. If you can, please post the complaint and motion for summary judgment with your personal info redacted. That will help us know how Midland intends to prosecute this lawsuit.
  7. Hello all... I've been lurking around here for a few weeks now - and have been met with mounds of helpful information, so thanks so much for that! My hubby is being sued by Midland Funding LLC by its servicing agent Midland Credit Management, and Kohn in their lawyers here in WI. Per what we read here, he denied all allegations against him and was the only defendant that day to actually show up and deny all charges. The lawyer who showed up acted like they didn't receive my husband's answer (which isn't required in our county, but I advised him to file one anyway after reading all the info here) - and my hubby produced a signed return receipt. The lawyer fumbled a bit, and basically a court date was set for next month. Now to today... my husband received a letter from Kohn, which has an affidavit of mailing and the Plaintiff's first set of requests for admission, interrogatories and requests for production of documents. Here is my question (and excuse me if I sound naïve, LOL) - These forms don't look like they were filed in court, seeing as there isn't a court seal/stamp. It does look like a legal filing, but it's not stamped like the summons or the response. It's signed by a tamp by a lawyer at Kohn Law Firm, and they provided a photocopy of "exhibit A" which is one credit statement from OC from a random date, and a statement showing the charge off. How do we go about answering this? Do we file our response with our court? And, do we file our request for documentation through the court and send it back to them? So much to do, but I want to absolutely make sure we do this right. Thanks so much!!
  8. Hello! I am trying to rebuild my credit, with a score of 626 and only one active CC and another not in use but paid off. I've had this account in collections since 2009, began as $800 amount from Bank Of America (bought from Santander). Since 2011 I have not made payments to the account and it has changed collection agency multiple times and increased to $1080. I have not had any contact with the current agency in over three years and when I check my report the date of the account being "opened" has now changed to 2013. My question is: is there a statue of limitations on collection agencies collecting money in RHODE ISLAND and if this changing date is normal? It keeps showing up in my CR, I noticed last summer it showed up from two separate collection agencies at one point. Any help + advice is greatly appreciated!
  9. I'd like to find a way to discourage Midland from filing a lawsuit against me for a JC Penney account they claim they now own. From what I understand, JC Penney cards are issued by GE Money Bank, and that GE Money Bank's agreements operate under the laws of Utah. Unless a change in the account's ownership changes this, this would mean there is a 6-year Statute of Limitations which won't expire until next year. Midland recently sent me a settlement offer that I wanted to respond to in a way that may prevent them from proceeding with a lawsuit. If I sent a letter to Midland that conveys the fact that i would file a general denial, proceed with a Request for Production, and defend myself at trial, I thought this may be enough to discourage them from filing a lawsuit against me. Am I underestimating them?
  10. Hello, I am being sued by Midland Funding original creditor Citibank(Home Depot). I must answer by 5/28/15. I am very willing to fight this to the end, but the amount of evidence/account information included is slightly intimidating. I have reviewed a lot of information on here, but have not been able to find a case with as much up front documentation as I have been provided. I will post all of my documents recieved in the following post. Please give any feedback possible. Thank you for your time.
  11. In 2013 My husband and I went through some major problems, these problem forced us to separate. Up until this time he had never paid a bill ever. When he moved out he contacted his CC company's and changed the mailing address. After a few months he moved back home but never called and changed the address back, just assumed I picked up where it left off. Fast forward to April 20 2015, he received a Notice of Summons, and I now need to file an answer, I have read alot on here but I am getting overwhelmed, b/c ever situation is slightly different. Neither one of use can recall having knowledge of ever paying "Capital One" we always paid HSBC Bank. We never had Capital One cards, or received a statement from Capital One. And we didn't receive anything from any Credit Card Company, Midland Credit Management or Midland Funding at our current home address after 4/2013, it wasn't until I pulled his credit in April 2015 that we started to receive debt collection. Since the summons we continue to receive letters from Hanna & Associates trying to settle what they filed judgment on. Here are the answers to the questions I have found around the forum 1. Who is the named plaintiff in the suit? Midland Funding LLC, Assignee of Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? Frederick J. Hanna & Assoc 3. How much are you being sued for? $1690.30 plus court cost $98.00 4. Who is the original creditor? On complaint it reads “Original Creditor identified as credit card account number ************3838 5. How do you know you are being sued? Served by County Sheriff 6. How were you served? Notice on door, then had to go to Sheriff Office 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? Nothing 9. What state and county do you live in? Bartow GA 10. When is the last time you paid on this account? July 2013 to HSBC Bank (not Capital One) 11. What is the SOL on the debt? Don’t know 12. What is the status of your case? Claim filed asking for judgment 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 Never received anything to begin with 15. How long do you have to respond to the suit? 30 days (4/20/15). 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? Claims (1) Claims current address (2) Indebted to Plaintiff in the amount of $1690.30 as principal. (3) Entered into Credit card agreement w/Original Creditor identified as c.c accnt #. Defendant rcvd & used the CC at issue in this action.(4) Breached the CC agreement by failing to pay (5) All rights & title to Defendants CC agreement were legally assigned to Plaintiff in writing.(6) Defendant is liable to Plaintiff for the amount.(7) Despite demand by Plaintiff, defendant failed to pay amnt due on CC Account. I did not receive any questions, only summons, complaint, proof they verified not on active duty, & couple exhibits. 16. What evidence did they send with the summons? Exhibits A-D, (A) copy of a pre legal reminder, supposedly sent By Midland Credit Management, dated 10/17/2014 ( Forward Flow(although it actually reads “Redacted”) Receivable Sale Agreement, Bill of Sale from Capital One to Midland Funding LLC © a generic untitled paper that has 2 columns, “field” & “field data” containing basic information (name, address, phone#, open date, blk date, LPA, LPD, sale amount & CH! DOB is completely marked out, acctnum has last 4 of an acct #. Bottom of the page reads “ Date printed by Midland Credit Management, Inc. from electronic records provided by Capital One Bank, (USA), NTL ASSOCIATION PURSUANT TO THE BILL OF SALE/ASSIGNMENT OF ACCOUNT TRANSFERRED ON OR ABOUT 2/13/14 IN CONNECTION WITH THE SALE OF ACCOUNT FROM CAPITAL ONE BANK TO MIDLAND FUNDING, LLC (D) An Affidavit from Legal Specialist for MCM, testifying on the method by which MCM creates and maintains it’s business records. (Not how Midland creates or maintains, but MCM, and Midland claims to have no employees, so I’m not sure how this evidence is justifiable.)
  12. http://www.nationofchange.org/2015/04/10/debt-collectors-or-pick-pockets/ Notably from this article New York Attorney General Eric Schneiderman found that the San Diego-based firm filed nearly 240,000 lawsuits against debtors in a recent four-year period, using our courts as its private collection arm.
  13. Hi I was hopeing i could get some help on drafting an answer for this. My mom is being sued in margistrate court of fulton county by midland funding. She is retired and her only income is social security payments and a small retirment pension. She also has a car from 2004. I know social security is collection proof and Ive heard that georgia has protection for assets up to 5,000. Is this true? 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP. 3. How much are you being sued for? 1,743 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?) I was served at my home on March 14 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? GA, Fulton 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Statement of claim served Mar 14. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 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? 30 Days 1. Defendant resides in fulton county and is subject to the jurisdiction of this court 2. Defendent is indebted to plaintiff in the sums of 1,743, principal and 84.00 costs to date as follows. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale Closing statement Field data page Affidavit of emily persons from midland credit management
  14. I beat Midland (Greene & Cooper) in bench trial today. The lawyer came unprepared for bench trial..he thought he was there for summary judgement. He asked the judge a few times for a few minutes to review the files. He called me to take the stand. and proceeded to ask me questions about purchases in the statments that he had. I answered not that I recall to every question he asked. In the end he asked to have the case dismissed without prejudice. I am not concerned as the sol has since passed and they cannot file on this account again. I was prepared to object to every piece of evidence they had in the claim and in discovery. This case has been long and alot of work. Thank goodness it is finally over! Thank you everyone that has answered questions, posted helpful information and helped me to win this case, I appreciate this site more than I can say. I am doing a happy dance!!!!
  15. Hi forum, after some research this seems to be the best place I can find to ask for some guidance from others who have been in similar situations. Firstly I reside in Louisiana and have so for all my life. This morning my husband received a knock at the door, upon peering out the window he saw a sheriffs deputy holding some paperwork. I should also mention that our american bulldog (who is a big baby) barks quite ferrociously when our door is rapped upon. My husband called through the door and asked what the deputy needed. He said he had paper work for Me (Said My Name). My husband informed the deputy that I was at work and asked him to leave the papers outside the door. The deputy replied that he could slide them through a crack in the door, but "please dont let the dog out" (LOL) He slid through the door a citation for me for a "Request for Admission of Fact" from Midland Funding llc. What is odd is that he I think the barking dog made him so nervous that he fogot to sign the papers. The bottom of the citation reads as follows __________________________________________________ SHERIFF'S RETURN LAFAYETTE PARISH SHERIFF DATE SERVED:__________________,20______TIME:_______ SERVED:____________________________________________ PERSONAL( )________________________________________ DOMICILLARY ( ) ON___________________________________ UNABLE TO LOCATE MOVED ( ) NO SUCH ADDRESS ( ) RECEIVED TO LATE FOR SERVICE ( ) SERVICE OF WITHIN PAPERS COSTS FEE $__________ MILEAGE $___________ TOTAL $__________ DEPUTY_______________________________________________ The deputy didnt fill out any of this form. My question is: Is this something that I could potentionally use to my advantage in my dealings with Midland Funding LLC? any ideas or suggestions would be GREATLY appreciated as I have never had to deal with a debt collector in this way. Also, I am in need of guidance on how to deal with a Petition for "Admission of fact" from Midland Funding LLC. I will greatfully provide any information as it pertains to the Petition that is needed to better understand my circumstances. Thank you so much in advance.
  16. Very interesting Midland Funding article http://www.washingtonpost.com/business/economy/taking-on-the-countrys-biggest-debt-buyer/2014/05/09/fbd65a24-a94d-11e3-b61e-8051b8b52d06_story.html
  17. For those being sued in Michigan found this article on the Weltman, Weinberg and Reis (attorney for Midland Funding in Michigan) website. Michigan Courts Increase Requirements of Proof in Credit Card CasesMarch 04, 2010 | Jeffrey K. Bearss, Esq. On February 18, 2010, the Michigan Court of Appeals released a decision that will have immediate impact upon our clients, particularly our credit card and debt buyer clients. The case involved increases in certain cases the level of proof necessary to obtain judgment in court. The case is Unifund CCR Partners v. Nishawn Riley, Michigan Court of Appeals Case No. 287599, Decided February 18, 2010. The court did not accept credit card monthly statements, showing payments made on the account, as proof of payments made on the account. The court now requires that in all credit card cases where a signed application is not available, that proof of payment, such as a copy of a payment check made to the credit card, is needed to prove that the debtor agreed to the account by making payments on same. The court is saying that copies of monthly statements showing payments is not sufficient. A copy of a payment check would be required, “as evidence that defendant made the asserted payments.” For our debt buyer clients, there is now an increased level of proof of the assignment. The general contract, or batch assignment agreement, is no longer sufficient. A specific assignment, or affidavit supporting a specific assignment, should be supplied, that refers to the specific account number. Also, the court is requiring proof that the debtor was notified about the assignment. An affidavit from the original creditor regarding the specific assignment should be sufficient. http://www.weltman.com/publications/client-advisories/?i=137&NH
  18. I have learned a lot in two days of browsing and I greatly appreciate all of the information here so far. I have one quick question. Midland Credit Management aka Midland Funding is on my credit with a suppsed debt to a bank. They initially said I owed $5,XXX and every month or so, that amount has increased to over five figures now. Anyway, I called TransUnion about something unrelated and they tell me over the phone that it's actually scheduled for deletion off my credit report NEXT MONTH. Such joy. One report says that the date of first deliquency is April 2008, another October 2008. Should I use this information to remind these two agencies that this needs to come off my report. I am keeping a copy of my report just in case Midland tries to reage the credit or changes the date somehow. Do you think I will be able to get this information from Equifax and/or Experian somehow? Thanks for reading!
  19. I was served yesterday by Midland Funding. I was obviously terrified but I was not shocked since I have been struggling financially ever since I was laid off in 2012. However hafter googleing how to beat a debt collector in court and finding this website I felt so much hope. I am truly greatful for any help I may received on this thread. THank you in advance. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law freaotice on door) In person, my father accepted the documents 7. Was the service legal as required by your state? Yes although I believe they are still required to mail me a copy? If that is so do I go by the date personally served or the date mailed to me? 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? 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) According to the complaint August 2012 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). 01/13/2015 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY DANIEL P RAMIREZ, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING ON 02/14/18 AT 08:30A M., IN DEPT. SEY . CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. 01/09/2015 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN NOR455965017. 01/09/2015 SUMMONS ISSUED. 01/09/2015 SUMMONS FILED. 01/09/2015 DECLARATION UNDER BUSINESS AND PROFESSIONS CODE 6322.1 FILED 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? 30 days according to Summons. However, I have a court date apparently issued for 02/14/2018 re: OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT I thought the default judgment was requested after I failed to respond? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A one page Bill of Sale with attachment of electronic records which include amount due, charge off date, my name, address and last payment amount and date. Exhibit B is their first letter to me saying how amazing they are and how much they would love to help me Exhibit C an August 2012 statement from Sears, i.e, Citibank Exhibit D a May 2013 statement from Sears Exhbit E a letter from Midland dated July 2014 stating they were sending my account to the legal department It seems the only evidence they attached are the exhibits everything in my packet was as follows: Summons Complaint including exhibits Civil Case Cover Sheet and CCCS Addendum Declaration of Reduced Filing Fees
  20. Hi, I am being sued by Midland Funding In Cercone's court Dallas TX. Court trail date is in 2015. I was served with the original petition and only a blank statement attached. My answer was the same as Zero's as was my Request for interrogotories and Production of documents as well as Midlands answer for same. My question is this ...please tell me how to represent myself in court using lack of evidence. Do I read out a prewritten document? Midland Funding provided same fague documents as Zero received. Same "Bill of Sale" and same /Affidavit‎ with the same employees names. Thank you in advance.
  21. A few questions: 1. Midland Funding Sued me and I answered with a countersuit, I live in Missouri. Missouri states that after the original suit is filed, you can use mail for all answers, motions, etc. I mailed my answer with my countersuit, I DID NOT SERVE, did registered mail, Midland Funding did not answer my pleading, I requested default judgment, did not receive even though Midland has taken over 75 days with no answer. Judge told me to file a countersuit to include the other Plaintiffs of Midland Credit and Gamache and Myers. 2. I filed my amended countersuit, and now I am smacked with Motion to Quash, for no service: Motion to Dismiss for adding other Plaintiffs to my case. If any one has an answer on proof of service in Missouri, after the original pleading (Midland Funding filed suit against me) isn't registered mail proof of service? The court clerk mailed my amended counterclaim registered mail, the same way I did, and now Midland Funding, Gamache and Myers, and MIdland Credit, state no service. Yet they filed the motion in court after they read the pleading, that they state they did not get service on. Any ideas of how to plead this in court?
  22. First of all, I would like to say THANK YOU. This forum and its members have been so helpful. To anyone that has just started their road to credit repair, do not give up. The road may be long but it is certainly worth it. All good things take time. If I can do it, so can you. I have an old T-Mobile account that was sent to MF. I found this collection while viewing my CR. I disputed the collection, asked for DV, and contacted the CA Attorney General as I believed MF to be in violation of several FCRA’s. The collection was removed from all 3 of my CR’s. I haven’t checked my CR’s lately but I assume the collection has not been reinserted. I have not received a letter from any CRA stating that the removed collection has been reinserted. I have heard that MF may use another name, MCM, to place the collection back on my CR. Approximately once a month, I receive a settlement offer from MCM regarding this collection. Notice the name change? The collection is about 1 year from reaching the SOL. Unfortunately, I do not know if or what I may have owed T-Mobile when the account was sent to collections. Unbeknownst to me, a family member used my social to open the account and claims all was paid. Of course, I have no proof of this. About 7 months ago, I reached out to T-Mobile to find out any information regarding this account. A T-Mobile rep gave me the balance but was unable to itemize or see charges. I was told that all information was sold to MF. Recently, I was contacted by T-Mobile and offered a refund for premium service text message overcharges. I was given the option to accept a $40 flat fee or request an account summary. I requested the account summary. After a few weeks, T-Mobile sent an account summary covering the premium text messages. According to the summary, T-Mobile owes me a $200 refund. Wasn’t all my info sold? MCM is still trying to collect the original balance that is obviously wrong per the account summary I just received. The last bogus premium charge was applied a few months before the account was closed. However, I do not have a complete account summary. I suspected, if I owed T-Mobile anything, the amount claimed was wrong. I will check all 3 of my CR’s as soon as possible. I would like to purchase a home in a few years and I think MF/MCM will certainly pop back up during this process. Any advice or suggestion is appreciated. Thanks! I have not accepted the $200 refund and have until June 2015 to do so.
  23. My husband has JP court tomorrow in Texas to defend himself in a lawsuit. He was served with the Plaintiff's Original Petition and attached is one statement showing the balance, previous balance, late fee and interest charged. Filed a General Denial and there has been no discovery or contact from Midland Funding. He is due in court tomorrow morning and I have researched this forum and am aware of the defenses of proof a valid contract exists, proof of standing (ownership/assignment), proof that the claim is not barred by the statute of limitations. However not sure how things will proceed in court. Prepared to object to any documents they try to admit to the court. Can someone tell me how the court proceedings in the JP Court goes and if he will need to state his defense in the beginning. He is being sued on Breach of Contract and Account Stated and I have researched this as well. If anyone in Texas could provide more detail as to what will happen in the JP Court and what to expect. Thank you.
  24. My wife received a Civil Summons and we have 20 days to respond with a written defense and file it with the Clerks office or they will get default judgment. The exhibit they gave is a Capitol One Credit card Statement showing a balance of $1095.86. We offered to pay Credit One $27.00 per month until we could pay more. Can we make Midland Funding the same offer, before we write the defense and what do we write as the defense?
  25. Please help! I have been reading answers on this site and you guys seem to have a good bit of knowledge about these issues. Okay, my husband and myself are currently trying to dispute Midland on an old loan from 2005 and of course they are giving us the run around. I sent letters asking for proof of ownership, charge off amount, statement showing last payment, etc. Everything needed to have this claim dropped since we had never originally gotten anything from them stating they had bought our debt or anything. Their response was the original documents from when we took the loan out (service contract agree,etc, not really sure of the name but the part where it tells you how much you will actually pay back when the loan is paid off, not any of the documents I had demanded. The major twist in this whole thing is that my husband is the original signer and I am the co-signer. On my credit report, the debt was bought by Asset for a smaller amount, not by Midland. Also, when i disputed mine through the credit bureau, it got deleted off because of the age. Heres where the fraudulent part comes in. Instead of the original open date being 12/2005 (when we originally opened the loan), it states it was opened 7/2013. Yet another red flag. I was told since they did not send any paperwork i requested, to ask for 1)statement showing last payment made, 2)charge off statement & 3) affidavit of sales. Also demanding credit being open on correct date. Do I need to do anything more, less, get an attorney? We are trying to get our credit back normal to refinance our house and build on or move but we cant do anything with this bogus charge stuck on the credit. Any help in what articles, papers to look for etc, would be greatly appreciated. Thanks