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  1. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharin
  2. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks If you can't open attached file, here's a link to the file https://dl.dropboxusercontent.com/u/13005707/case-broward-county-fl.pdf case-broward-county
  3. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks If you can't open attached file, here's a link to the file https://dl.dropboxusercontent.com/u/13005707/case-broward-county-fl.pdf case-broward
  4. I'm being sued by Midland Funding and need help/advice to file an answer before the deadline. Please see attached PDF file with the allegations. They attached an affidavit of sale, a field data form, and a bill of sale. My credit report says: - the billed is "charged off / transfer sold" -date of last payment 12/2011 I understand you can't give legal advice, but any help wth the answers would be appreciated. Thanks case-broward-county-fl.pdf
  5. 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.
  6. Good morning! This is my first post here. My husband is being sued by Midland Funding here in South Carolina and we're moving into the mediation phase. I'd like any advice on how (if it's possible) to beat these vultures here in South Carolina. I will provide any information needed. I have read through a couple of threads and understand that use BV80 is the resident SC expert. Any and all help is appreciated!
  7. I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
  8. 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
  9. 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 th
  10. 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
  11. 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 t
  12. 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 credito
  13. 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 accou
  14. 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
  15. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states
  16. 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 c
  17. 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.
  18. Here we go. Today I had my Notice of Appeal served on plaintiff and filed with the court. I thought I would start this thread to help other california appellants (as well as gather advice for myself). My thread Motion to Compel Granted details further into the case and the trial itself, but here's a little background: I was sued by midland funding llc in california about a year and a half ago. The cause of action was account stated, for a chase credit card allegedly defaulted on and sold a year or so before lawsuit. I filed/had friend serve a general denial, along with a POS, as the compla
  19. 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
  20. 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 t
  21. 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.
  22. 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 e
  23. 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
  24. After spending countless hours researching these forums, and hundreds of dollars for a ghost written response to the plaintiff's claim, the judge granted the motion for summary judgement at the hearing in favor of the plaintiff. I am still not certain what I did wrong, but my well crafted answers to the complaint were not even considered because I did not have an affidavit to support them. Entire hearing was over in 4 minutes. I clearly thought I was prepared to argue standing in court, but was not. Can anyone tell me exactly what I type of affidavit I needed in addition to my response tha
  25. 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 in