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  1. Here is my questionnaire info. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 1300 4. Who is the original creditor? (if not the Plaintiff) Credit One 5. How do you know you are being sued? (You were served, right?) Served with summons paper. 6. How were you served? (Mail, In person, Notice on door) In person, someone delivered to me.
  2. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them
  3. 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 addre
  4. I received a packet from Midland Funding LLC with the first page basically the judge granted them permission to serve me though the mail. That was signed on 6/27/2017. The citation is attached and says it was filed 5/1/2017 and had 14 days to respond. I didn't receive it until 7/26/2017 because it was forwarded from my old address to my new one. I also have an affidavit relating to damages and business records from Midland. In that my account number is covered; not sure if that matters, and it says when the account was charged off 2-26-2015 and when Barclays bank sold it to Midland 9-30-2016
  5. I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to hav
  6. 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
  7. I was served with a lawsuit from Midland Funding today. Lawsuit was filed in Justice of the Peace Court in Texas. 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.)Chase Hague, Houston, TX 3. How much are you being sued for? $5xxx 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 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
  8. 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 l
  9. 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 judgm
  10. Hello everyone, I discovered I had an open case with midland funding (Florida) by a family member alerting me of 'someone asking for me' where I used to live. Long story short : - Have fallen back on payments due to illness and have proof of surgery earlier this year - No personal job, wages, assets that can be garnished - I do not currently live in Florida Credit bureau shows account opened on : Date opened: 11. 30. 2015 Reported : 6. 15 .2017 amount: 8000 - Advice thus far: contact by phone /mail and let them know of hardship w/proof? while al
  11. 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?
  12. 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!!
  13. 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 m
  14. 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
  15. 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 th
  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 s
  17. I started receiving letters from lawyers last week wanting to represent me in a lawsuit so I did a search of the courts in my county and sure enough there is a suit against me from Midland Funding LLC. I called the court to confirm and was given the case number, the date it was filed, the person who was suing me and the amount. Well, I just got served this evening by a private processor. I received a packet of papers that includes something called "Plaintiff's Original Petition" which is about a page and a half that incudes I.FACTS, II.CAUSES OF ACTION AND CONDITIONS PRECEDENT, and III.PRAY
  18. 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.
  19. 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
  20. 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) wi
  21. 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
  22. 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
  23. 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.
  24. 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 decisio
  25. 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?