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Found 840 results

  1. Midland Credit Management continues to do account reviews on at least my TU CR. The purpose of their review is listed as a collection. However, I do not have any collections on my CR. Approximately 5 months ago, a collection from Midland was deleted off of my TU CR. The collection was not validated or verified. I am not sure how the SOL (tolling) would work with this collection because I moved from TX to CA. I also was able to catch Midland in violation of several FCRA's and reported them to the CA Attorney General and FTC. Since then, Midland has sent 2 letters with payment options for an unrelated collection. This collection is not mine, does not appear on my CR’s, and according to Midland is out of the SOL. 6 days after I received the 2nd letter from Midland, they reviewed my account again. Is this legal? How can I stop Midland from reviewing my CR? Is Midlands review of my CR damaging my score? Regardless, a collection listed under account review doesn't look good. I would hate for the deleted collection to reappear on my CR's. I thought the bill had been paid, OC somewhat agreed but could not view a list of the charges...only the balance. Once I found out about the discrepancy, the OC had already sold the account and related documentation to the CA. Needless to say, it was a huge mess! Thanks for any advice or input.
  2. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
  3. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions. As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this???? I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!! If I provide the information will it destroy my case? I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly. If they had the proof they needed wouldn't they have just requested a trial and been done with it? Thanks for any help someone can provide!!!
  4. I am another victim being sued by JDB --Midland Funding LLC and I need some help. I have been reading these forums and my eyes are bleeding. I was hoping for some specific guidance. I am trying to draft me answer as my 30 days will be up on 8/28/2013 -- I have read and bookmarked many posts by some who have won cases, but they are in other states or I have not received the exact clarity I need. I do not want to hire an attorney, because I want to fight this and win, and the firm I am considering has a 40% success rate??!! I have dowloaded the ANSWER PLD-C-010 however, I am uncertain as to the proper verbage used how to draft it so that it is a "winner" Which part of the "Complaint" do I answer to? the First Cause of Action? Items 13-16 before they pray to the court to ream me for $10K? I really need some help as I am a single mother with no means to pay or settle this lawsuit. I am working on my answer -- but the ones that I have seen samples of are so long, and I am unsure as to write for affirmative defenses as well. Any guidance is much appreciated.
  5. Please help! I am being sued by Midland Funding via Jerold Kaplan law offices. I have attached the 16 questions. At this time I am unsure of how to proceed. Any advice would be greatly appreciated. Thank you 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,000 + pocket change 4. Who is the original creditor? (if not the Plaintiff) Webbank / Dell 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I was contacted by Jerold Kaplan law offices around early 2003 at work, so I called them back. I did not confirm or deny, I only requested them to contact me on my cell instead of my work number and to send me validation of the debt. The only thing they sent was a generic looking print out of the merchandise I supposedly ordered. 9. What state and county do you live in? Maricopa County AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) On the document given to me when I was served it says 2009, however, my credit report shows the following regarding the same account under Midland Funding as of September 2012 ..... 11. What is the SOL on the debt? 6 Years in Arizona 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 was served two weeks ago. Based on previous information on this forum, I am waiting until around 18 days to file my response. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, I contacted all credit bureaus and have disputed the debt with minimal response that I am aware of. I contacted Jerold Kaplan law office about 4 days after being served and requested any documents they have to be mailed to me. They put me on hold for quite a while and said "it is tough to get documents and we can only get copies of what we have once. We will contact the creditor to attempt to obtain them again. However, since they were already mailed we are unsure if we can send them out or have access to them anymore. Call back in a few days if you haven't received them by mail. " So far, I haven't received anything in the mail. 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.I requested one over the phone and it was a printout of a computer from Dell. I don't recall it having anything on it showing the debt is valid or belonging to me. 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. They are claiming the balance of 1,000 + change with interest at 4.25% plus attorney fees not less than 275.53 . 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They only included the Dell Account Credit Agreement printed off of their website. It is not signed or in any way related to myself. It appears to just be a generic credit agreement. However, it does allow for arbitration. They did not provide any other documents.
  6. So I went to court today, filed my paperwork for my dueling affidavit and got my assed handed to me. The judge said they had standing and I outright denied me saying they've proved standing in Washington State. So what do I do now? I owe them apparently 2600 dollars which is 3 times the amount of the original card in question.
  7. My mediation was originally scheduled for end of June. I showed up, Kaplan did not. I filed a motion to dismiss w/prejudice. They answered saying that w/prejudice was too harsh and cited some case. They blamed some administrative person for a calender error. The judge denied my motion and rescheduled the hearing for today. Again, they no showed. Can someone pls help me create a motion to dismiss that will actually be accepted? Thank you!!!
  8. Last week, I lost a debt collection lawsuit in a Baton Rouge, La., small claims court. I replied to the initial summons with a denial that I did owed Midland company anything and asked for them to send evidence validating the alleged debt and their ownership of it. They never did. The only thing I ever got from them was a notice of their privacy policy. When I got notice of a court date in May, I assumed that's all it was. Big mistake, I know. I thought that I just had to show up because I already filed a denial with the court; but apparently, I should have. Turns out what I answered wasn't the actual lawsuit. The papers with the court date was the actual lawsuit. I did show up prepared to argue my case with an affirmative defense. However, the judge would not even listen to me. She ruled in Midland's favor without even hearing my side because I didn't file a response to the paper with the court date. Here's the thing, neither I nor the attorney representing Midland had ever been sworn in. She called us up and immediately started talking to the attorney for Midland and within two minutes it was over. I lost. Can I appeal on the grounds that neither of us had been sworn in? Isn't that proper courtroom procedure even in a small claims court? Has anyone had anything similar happen to you and how did you did with it? And if I what are my options after that? I'm studying Louisiana civil procedure and hoping to file an appeal Monday or Tuesday, at the latest.
  9. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,964 (plus $530 attorney fees) 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) Given to my husband when he answered the door 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? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 11. What is the SOL on the debt? To find out: 6 yrs 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). Mediation scheduled in June, Plaintiff no-showed, I filed motion to dismiss w/out prejudice, they responded saying that’s too harsh and citing some case, my motion was dismissed and mediation rescheduled for next week. I submitted my original answer within a 10 day window. I said I admit to none of it and that I have not entered into any agreement with Midland and do not owe them anything. I said I do not know who they are and have had any prior contact with them. That was in June, I’ve done a little reading since then and wish I answered a little differently but it is what it is. 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 responded in the correct time frame. Yes I received the interrogatory and did nothing – do I have to respond to that? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of balance owed, WF Card Agreement, Bill of Sale, e-Record of account pursuant to bill of sale, Notice of new ownership and a statement from Dec 2010. I value your assistance please and thank you! J
  10. If I served plaintiff, midland funding, with 1987 notice to appear, ( i mailed 30 days before trial) nd the same day I received ccp 98, in lieu of live witness (yes, you know that one, where there is an address 150 miles within court house along with 4 other addresses all over California) do I still need to subpeona affiant in ccp 98? Does 1987 trump 98???? I just can't seem to get past my frustration that an affiant/ witness can be legally allowed to say she will be available in 5 different places for 20 days before trial in ccp 98 where it clearly states personal service only. Unless she has a star trek transporter its impossible and shouldnt be allowed! What a misuse of sherrifs, funds for process servers, etc! This clearly violates due process of witness cross examination! Thanks for listening and thanks for your knowledge of law.
  11. Hello, I am a newbie both here on the board as well as being sued. I discovered a manilla envelope on my porch. Lawsuit papers from Midland Funding...Yikes! I found this forum earlier and learned a bit of legal advise pertaining to similar cases brought by Midland. I have since filed a General Denial with no specific details. I have since received from plaintiff- Special Interrogatories to DefendantDemand for Production of DocumentsRequest for Admission I have read of 2 possible response methods, Deny or Object? Also, I received a change of venue (Court) recently. Claimed credit originator is HSBC. Not sure which response best applies? Thanks.
  12. okay heres a fun one. I had one account with midland funding in arbitration and one account with MCM that had sat for 3 years that I disputed and tried to get removed via the CRA's and directly with them. MCM never responded to my dv requests. I applied for a mortgage but got denied till I got rid of the above "collection" accounts I sat on it for a day and decided to settle. Needed the house and couldn't afford to sit through Oregon's laughable arbitration (since it was after my closing date ) just so I could go back to court again. I settled with Midland funding for 1/7 of the total. I called and settled with MCM for 1/2 of the total. In neither case do I admit to oweing the debt just that I had to pay them off to get my mortgage. wait for it...... yep just got 2 1099 c's from midland funding. one for each account and the amount of debt discharged is screwy on both of them. The information I have been finding on the boards is all over the map. file this form, write a hand written note, declare insolvency, sacrifice a goat on a full moon in July....etc..etc... Is there a clear, concise direction in this forum or elsewhere as to what my options are in this matter? To keep it focused lets forget the insolvency route wouldnt work in my case. thanks
  13. Recent Court of Appeals decision overturning Midland class action lawsuit settlement gives new opportunity to Georgia consumers affected by Midland Funding's filing of false robo-signed affidavits in debt collection lawsuits. You've probably heard about the Midland Funding class action lawsuits regarding robo-signed affidavits used in lawsuits against consumers, right? Well, a Court of Appeals recently decided that the settlement with Midland and its parent company, Encore Capital, was unfair and overturned the approval of the class settlement. The proposed settlement would have basically let Midland/Encore off with a slap on the wrist and an insulting $20 to each class member affected by the false affidavits. To read the Sixth Circuit opinion overturning the approval of the settlement, go here http://caveatemptorblog.com/files/2013/02/13a0050p-061.pdf This recent decision gives those Georgians who were sued during the dates of March 2010 and March 2011 where one of those false affidavits was filed an opportunity to stand up to Midland Funding, Midland Credit Management, and Encore Capital. Before, the class action could have extinguished certain rights of Georgia consumers to pursue Midland for those false affidavits. So, what does this mean? It means act quick! You may be entitled to a remedy under federal and Georgia law against Midland Funding if you were affected by those affidavits within a time period where the statute of limitations has not run out for you to do so. The statute of limitations under the Fair Debt Collection Practices Act ("FDCPA") is only one year so you can see why it is imperative to act now. The FDCPA has a provision in it that allows a consumer to recover attorneys fees and costs from the debt collector if a violation is proven - this means consumer attorneys often take on these cases for little to no money upfront from the consumer. Midland will not change its practices until it is held accountable for its policy of lying to the court. You should also know, that even while these legal class action proceedings were ongoing, Midland did virtually nothing to change its practices. Its staff continued to fill out form affidavits with little done to verify the truth of its statements to obtain judgments against Georgia consumers. So, what should you do? Contact Georgia consumer attorney Daniel DeWoskin Phone: (404) 987-0026 Email: info@atlantatrial.com ASAP to discuss (for free) your legal options to hold Midland accountable for their actions. He is looking for people who've been sued by Midland Funding / Midland Credit Management between those dates and whose cases involved an affidavit filed by Midland Funding or Midland Credit Management. It does not matter if you lost your case to Midland Funding. You may be entitled to a remedy under federal and Georgia law.
  14. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 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.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 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) mailman in person 7. Was the service legal as required by your state? yea 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? never had contact with them 9. What state and county do you live in? Snohomish county, WA 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 years in washington state?? Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 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. Too late 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, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article:
  15. Midland Funding has filed a case against me in connection with an alleged account I had with Credit One Bank, N.A. in the amount of $1,100.00. The plaintiff is Daniel N. Gordon of Eugene, Oregon. I have a few questions I'd love to get answered before I draft my next correspondence to involved parties. Any assistance anyone can provide would be greatly appreciated! Complaint was filed in Oregon. I have very recently moved back to California. I have not yet updated involved parties with my new mailing address, should I notify Plaintiff, county court and arbitrator? I recently received a forwarded notice that the Arbitration hearing is scheduled for June 12, 2013. On that date I will be 39 weeks pregnant, I'm due on June 17th. Arbitration is mandatory in Oregon. To date, I have filed an Answer with the Court and mailed back a response (certified and US Mail) to Plaintiff's Request for Production of Documents and Request for Admissions. My responses follow the format in the following thread regarding fighting a case against Midland Funding. I admitted to nothing and didn't produce any documents. http://www.creditinfocenter.com/community/topic/292720-start-to-finish-winning-against-midland-funding-aka-jdb/ To date, I have drafted but not sent a Defendant's Request for Production of Documents. I was waiting to receive the date for the scheduled arbitration, expecting more than a 30 day cushion from the date of the hearing so that I'd have time to mail off/file the request. I received the arbitration letter by US mail on May 15, 2012, less than 30 days from the arbitration. Since it's less than 30 days, I can no longer send the request, correct? It is stated that the Plaintiff's attorney will appear at arbitration by telephone, and they have already prepaid the $525 deposit. I currently reside 600+ miles from the court that the Complaint was filed in and under physician's orders, I cannot travel due my current state of pregnancy and will not be cleared to travel for an additional 4-6 weeks after I deliver. Should I request to appear by telephone or request a continuance to appear in person (which I'm assuming would provide me the necessary 30+ days to file Defendant's Request for Production of Documents). Can I use the continuance to request said documents from the Plaintiff? Or am I too late? Per letter from Arbitrator, I am responsible for a $525 deposit. Is this a cost that must be paid by the defendant up front? If I can't afford it do I need to submit to a default judgment? Is this a case I have any chance of winning if I didn't file the Request for Production of Documents, though I have made no admissions? I'm feeling super intimidated by the arbitration fee, and also the rumors of arbitrators ruling in favor of Plaintiff's as favors. I've already paid a $150 filing fee for the Answer and would expect a similar filing fee for the Request for Production of Documents if I end up filing it. Are all my court costs covered by me if the case is dismissed? Are any filing fees associated with my Answer and Defendant's Request for Production of Documents reimbursed by Plaintiff, and the huge Arbitration fee, reimbursed? If I lose, am I then liable for the alleged debt AND all associated court costs? I'm horrified at the thought of losing and being responsible for all these costs, especially when the Plaintiff can't even provide any proof that the alleged account belongs to me. Also, from what I've read on Google, the Statute of Limitations in California is four years and the Statute of Limitations in Oregon is six years. Out of curiousity, which SOL applies? Oregon, where filed, or California, where contract originated and where defendant currently resides? Thanks in advance for any assistance! Such a bummer to get stressed about a court case in late pregnancy.
  16. Just checked my Credit Report on Experian and Midland has posted a delinquet account on 04/23/13, this after I whupped them in court on 05/07/11 (dismissed in my favor with costs)! Same account. Is this a FDCPA violation? What do I do? I didputed with Experian online.
  17. I too received a civil summons from Midland (Junk Dept Buyer) in the amount of $1,273. 94, to go to court on May 17, 2013. My summons did not state anywhere on it a time frame or even mention filing a respones. Only that I must appear in court and of course not being familiar with legal issues I did not respond. So here I am 12 days before doing more research to see how I need to handle this. My summons also had the EXACT affidavit of Jessica Fiecke attached to it that I have seen in posts on the forum. They apparently had filed the civil suit in January of this year which allowed them to avoid the Tennessee Statute of Limitations by 1 month. My family has been impacted by several events that have greatly impacted our financial status and I would appreciate ANY assistance in how to handle this matter. PLEASE HELP !
  18. So, my motion to compel documents was granted. Midland didn't even send a lawyer, they no showed. I wore a suit, everyone thought I was an attorney until I stated my name and in pro per. The judge even commented that my motion was very well prepared. Now comes the interesting part. I was granted the motion because midland was late responding to my request for production of documents, and hence waived all of their rights to objection. They have to give me everything with no right to object. Now we'll see what they really have. I used ASTmedic's motion to compel as a starting point and tweaked it from there. Things are going alright for me so far, thanks to lots of help from ca lawyer, astmedic's thread and lots of other stuff on here. Next step is to beat these JDBs. I'd be happy to share my motion and separate statement with anyone going through the same business.
  19. I have been lurking on CreditInfoCenter for months and I want to thank all of you for the great advice. I have had Midland Funding drop 1st case against me and now I am fighting them on 2nd case. Background: Current case in Maricopa County, AZ (Phoenix). They are suing as assignee of Chase even though Chase was not the OC on any of the accounts. This one is a WAMU Account sold to Chase sold to Hilco Receivables sold to Midland Funding. The one I fought them and they dismissed was the same as this one. I originally had 4 credit card accounts we are dealing with the 2 above and 2 more that went Providian sold to WAMU, sold to Chase, Not sure of trail here, now at Midland Funding. I am arguing hearsay and standing on all of them. From research I have found that when WAMU was bought via FDIC by Chase, there pretty much were no lists of accounts so no true bill of sale per accounts ( at least not for mortgages, so I can not imagine if they did not list $200,000 home loans I am pretty sure they did not list $3000 unsecured credit accounts). I moved to Pennsylvania recently. I made court and Jerold Kaplan law firm aware we were moving months ago and have filed proper docs with court (They actually filed against me after I informed them I was moving). Round Trip Airfare and car rental to Phoenix is going to cost me around $350 to $500 depending on deals. Kaplan of course has threatened everything under the sun and moon and tells me they will require me to show. ( I know they can not and judge already told me I could appear telephonically at pre-trial) and in same breath they might have Midland drop case and refile in PA. I want to show and I want to pummel them, but they filed to dismiss case at last minute last time ( I would have shown, but it was interfering with our moving dates and that allowed me to get cross country trip started earlier). If I buy tickets and rent car before hand they will dismiss and I will end up spending all that for nothing. If I object and show up can I get the judge to rule in my favor with prejudice to keep them from refiling in PA again (still inside SOL). Can I make them pay my travel costs? Question 2: My ruined credit report. For these 4 accounts: I currently have 4 negative line items for Chase, 5 account lines for Midland (one is listed twice with slightly different numbers), 2 line items for Hilco and 4 collection listings for Midland. All total these 4 accounts are showing as 15 negative items on credit report. I am in process of disputes now getting more and more threatening as we go. Can I sue them to remove the lines using the same hearsay and standing arguments in court? There is no way they have any docs to support these accounts as Providian is now gone like 7 years and WAMU really had no sale docs to Chase, let alone all the steps in between. I have disputed, followed up and I am now demanding proof or removal from credit bureau or lawsuit. Can I sue them for the $1000 per incident violation amounts listed in FCRA Sect 602 through 616. I think that the threat of this will get everything removed, however, if they choose to fight, winning is nice, but getting paid for the myriad of time allotted would also be nice.
  20. I need to send this in a few days. Please provide suggestions and feedback. Thanks for your time. 1. Admit or deny you had a credit card account with Citi. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. 2. Admit or deny you received a copy of the terms for the credit account. ADMIT or DENY: DENIED 3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the account. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. 4. Admit that you used the Account to obtain goods, services, or money. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. Defendant cannot speculate as to the terms of a document which has not been provided. 5. Admit you received periodic statements from Citi, regarding your account. ADMIT or DENY: DENY-Receipt of statements or any other documents connected to the instant action is a matter for plaintiff to prove. Defendant denies receipt of any such statements. 6. Admit that you did not object in writing to any changes or fees on the Account within 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee. ADMIT or DENY: DENY 7. Admit you stopped making payments on the account. ADMIT or DENY: DENY - No liability has been established, therefore no payment is required 8. Admit that your account was in default. ADMIT or DENY: DENY 9. Admit you are indebted to the Plaintiff, the lawful assignee of CITI, for the full current Account Balance stated above. ADMIT or DENY: DENY - Midland Funding, LLC has produced no admissible evidence establishing ownership of any account which may have been held by Citi in defendant's name. 10. Admit that you have no evidence to disprove or defend against Plaintiff’s claims in the action. ADMIT or DENY: DENY 11. Admit that under the terms of your agreement with the Citi, you agreed to pay interest at the rate stated in the Complaint on the principle balance of your account, plus any additional court costs incurred to enforce the agreement. ADMIT or DENY: OBJECTION - Calls for a legal conclusion, the purvey of which is best left to the trier of fact. Additionally, Citi is not a party to this action
  21. I have been following these board postings since I recved Summons in October. I used some of the forms..Request for Debt Validation Request to strike Affidavit of Debt and how to request dismissal of Midland's MSJ. On 2/14/13 I showed up one hour early to my hearing..I thought I was pretty prepared...I read tons of things on internet about how to fight JDB's and I had my notebook with my opening statement...first to strike affidavit...obvious it was a robosigned one...second there was no bill of sale from Equable to Midland even though in the Affidavit it stated Midland "acquired" account from Equable, Midland did not show the Chain of Title from original debtor WAMU/Chase to Equable then to Midland...this alone should have been a red flag to Judge as it gives Midland no reason to sue. As I was sitting outside the court room several people were filing in mostly poor and most of them were Midland Funding Lawsuits. The clerke directed them to speak with Attorney Jim Boscia of Boscia, Bowman and Vician a Lawfirm out of Merrilville IN. I am in Elkhart County Merrilville is 100 miles to the west...but I digress...the point I am trying to make is this Clerk called the Attorney by first name JIM and they were on friendly terms....my gut dropped to my feet....I am screwed. When it was time to go in...I gathered all my papers and went to sit down. In comes the scumbag JIM with his lap top followed by several misguided obviously scared and very unprepared defendants. In comes Judge Lewis, we all RISE and clerk calls 1st case. JIM goes to stand in front of Judge with laptop in hand...opens lap top...he smiles at clerk(she remarked earlier that if she keeps things in the order she has planned he owes her a BLIZZARD from DQ down the street..REALLY???) I knew then I was in trouble. Anyhow the first case is open and shut the defendant was Hispanic, required his grand daughter to interpret, he kept his head down obviously shamed by this event. No rebutal on their part. Judge awards judgement without looking up at defendant. Down goes the gavel and I begin to get real nervous. A couple more cases go by all of them open and shut...gavel down....instant MSJ awarded. My turn...I walk to the Judge and open my little book with my well detailed notes...the Judge reads the orginal summons, then my request for DV, then my request to Strike Affidavit of Debt and request for Dismissal. Judge has my well written request to Strike Affidavit....I said to himthat this Affivadavit was flimsy at best. He remarked why do you say that. I remarked b/c the said Affiant for one is not present in court ..he states she is not been subpoened I nod I know this youir Honor...but this Affivadavit is Hearsay b/c she states that I as defendant owe Midland 9923.74 . She also stated that Midland acquired this debt from Equable Ascent but did not show a bill of sale. I asked the Judge how can hearsay be used as evidence? How do I know that another debt buyer does not say they own the same debt and next month will ask me for the same 9k? He barely looked at me and said the request to strike is denied. I stood there shocked and I began to tear up a bit. I quoted a Federal Rule of Evidence 106 requires that I be shown all the documents related to bill of sale. Judge quickly stated Miss DeBartolo this is an Indiana Court. I replied Does the Federal Rule not apply to all states...he snarked No it does not. Then scumbag JIM proceeded to talk...all a bunch of marlarky if you ask me...about how no one likes debt buyers(NO kidding) and that Midland has had it's fair amount of lawsuits(I can see why they are crooks). He goes on to state that Affidavits are always going to be questioned as hearsay just because they are a persons best recollection of the facts as they are known or some babbling BS. By then I was looking like the rest of the poor souls that left the court room. It was OBVIOUS JUDGE was a Creditor FRIENDLY Judge and all us debtors are deadbeats looking for entitlements or what ever. Needles to say...I knew if I appealed...I would not win in this CONSERVATIVE ELKHART INDIANA Judicial system...so I agreed with scumbag JIM on a payment plan of 300/month. I spoke with my debt settlement company about it....they are going to suspend my payments to them and finish settling my other accounts with the capital i have acquired with them. Any suggestions on how to proceed or am I just screwed? Diane from Indiana
  22. Here is 7000 new bogus lawsuits for Midland. I hope Midland ends up buying these from one of the pools and loose their patootie: http://www.csmonitor.com/Business/Latest-News-Wires/2013/0205/Credit-card-con-artists-steal-over-200-million-18-arrested
  23. My wife just called to let me know I was served again... Midland! (in my best Jerry Seinfeld Neuman voice). I just got a dismissal with prejudice 2 weeks ago and they're coming after me again. I hope it's the same debt. I could really use a grand! I guess I'll find out when I get home. Ding, ding, ding. Round 2!
  24. Hello again! I was wondering if there was anyone that has any case laws that they may have used when fighting Midland Funding cases as I would like to research them and see if my case is similar to theirs.
  25. I have just received the admissions and interrogatories from the plaintiff and I've got a few questions regarding a few of their questions. First, they ask "Identify and attach all documents that support, refer to or relate in any way to each such affirmative defense and/or counterclaim." If I am using Plaintiff also has failed to state a claim upon which relief may be granted as a defense, what would I be putting as an answer? It seems pretty straight to the point, but then again I'm not a lawyer. Next, they ask "If you deny the preceding request for admission, explain the reasons for your denial and state the correct amount you owe on the credit card account." The previous question to this was asking me to admit or deny the amount that is being claimed against me, so what would be a good way to answer the follow up question? As always any help/guidance is greatly appreciated!