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  1. 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
  2. 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.
  3. Greetings everyone. I'm sure there are many threads like this but I feel like I will have more of an idea of what I need to do if someone gives me some guidence in my particular situation. Please bear with me, I am very, very novice to this. I have very little knowledge of the legal system and I am everything but legal savvy and this is my first encounter with anything that has to do with a court. This morning (10/31). A man rang my doorbell early in the morning and delivered papers to me, which I am amusing was a process server, stating that I am being sued for a debt (credit card debt) and that I must appear in court and defend my case. They are giving me 20 days to write an answer to the court or they are stating they will place a judgement on me. I've literally given myself a crash course on this all in one day and to be quite honest I am scared out of my mind and have absolutely no idea what to do. This is in regards to a credit card that I had with Wells Fargo that I let go last year because I was unable to make any payments on it any longer. I'm a mid 20's working single male still living with my parents and supporting my father who is sick and unable to work, my mother has a lower paying job and we are living paycheck to paycheck. Last year we went through a foreclosure on our home and I am now renting a home in my name in a small town in Arizona so money is extremely tight. The card was used for bills and expenses to begin with, which was ran up in the amount of around $3,000. Wells fargo tagged with me about a 30% interest rate and I could only afford bare minimum payments on my card and with that kind of interest, my debt was not going down at all, with the foreclosure happening and my dad becoming sick and unable to work, I had no choice but to stop making the payments on the credit card, as we barely make it by each week with our current bills and monthly expenses. I will admit, I did not answer phone calls to any debt collectors because I am overly cautious with all the shady dealing that goes on with collecting debts and we disconnected our landline, which was the only number they had, they never called me on my phone. They sent many letters but we usually ignored them, probably bad on my part, but I barely have any breathing room in my current finances that calling them and asking to make payment arrangements was probably a moot point anyways. Now with these court papers they are saying that I owe ~$4,000 plus court fees.. and that I need to answer and respond to the summons or they will place a judgement. There is no court date, and no instructions on how to even respond to this. I have absolutely no idea what to do. I first thought that these might of been fake and just a scare tactic, but I looked up the case number on my local court website and sure enough my name was on there, but still no court date, or anything. Just the law offices phone number and email address at the top of the paper on the front page, which is Jerold Kaplan Law Office. My mind is racing and I am at a loss on what to do, even though they said I have 20 days to respond I feel like I have to act in a day or I am going to get crushed. If I could get some guidence on how to take action on this I would be absolutely estatic. A few takeaways and random parking lot questions that have been racing through my mind since this has happened as it hasn't even been 24 hours yet: - Do I even need to respond? Based off the information I was googling to try and educate myself, if I don't respond to the papers they will automatically win the case and I will owe whatever they say I owe, I understand that I'm open to wage garnishment and other methods to gather funds from me, which would be absolutely horrific to my financial situation if that were to occur. - Should I hire an attorney or seek advice from a credit counscilor? I doubt I would have the money for an attorney or even where to find one, like I said, I've never done this before. - Should I even just consider filing bankruptcy? I have one other credit card past due that hasn't served me or contacted me in ages, but I am sure they would come around soon enough, but right now my total unsecured debt is around $9,000, its just the wells fargo credit card they are sueing me on right now. I have a car loan with a really nice car I got, so that would be a hurdle if I were to file bankruptcy. - Should I contact the law office/creditor and try to reach a settlement before the court date? - How do I even "respond" to a court summons? Write a letter? call the court? I have no clue at all, this is what is bugging me most right now. The funny thing is, if they were willing to work with me and reach a settlement for half the debt I currently owe, I could pay them in full early next year. I recieve a generous annual bonus check from my work in which I usually reward myself on, but this year I am more then gladly willing to reward myself to be rid of this nightmare, if you catch my drift. My aspirations from this is to either: - Not have to pay the debt, which I know is unlikely to happen, but would were to happen if I showed up to court and they did not show up? I know its my debt, but they added on a ton of fees to it. - Reach some settlement and payment arrangement I can manage to squeeze in my already air tight budget until I can make it to the beginning of the year to pay off the rest of the settlement with my bonus. - Avoid wage garnishment at all cost.... could they even send me to jail for this? Here is the questionaire from one of the sticky topics. 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.) Jerold Kaplan Office PC 3. How much are you being sued for? $4,000 plus court fees 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) I was served by a man at my door this morning. 6. How were you served? (Mail, In person, Notice on door) In person at my home. 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, Pinal county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) September 2011 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, I only called Wells Fargo a couple times for assistance with my interest rate but was turned down. 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 a page with a letter from a affidavit and discloure and agreement packet from Wells Fargo. Please if anyone can give me some advice, forgive my lack of education with this.
  4. Hello everyone. I received a summons some time ago, but have literally had no time to respond or research until my school was over for the semester. I’m now digging into the forums and trying to get a grasp on what to do, terms to know, etc… Every time I come back here it seems so overwhelming with specific wordage and technicalities I don’t yet understand, but I’m here, so I’m willing to learn I’ll start by answering the stick Q’s: 1. Plaintiff – MIDLAND FUNDING LLC 2. Law firm – Love, Beal & Nixon, P. C. 3. Sued for -- ~$3000 4. OC – CHASE BANK I received a summons. A person had come by and served me, but I was not available. Another person of the household signed for it and as far as I can tell by the Provision Service Requirements, this is legal in my state (Oklahoma). Previously, I had been mailed a letter from the law firm who has been placed under obligation of said debt. I was given 30 days to dispute the debt, which I did. After about two weeks, they sent their generic debt verification, consisting of my name, account # and OC. Months later, they’ve now sent a summons. I live in Oklahoma, Oklahoma County. I don’t exactly remember the last time I made a payment to the OC, but I want to say it’s been 2.5 – 3 years. The SOL for Oklahoma states 3 to 5 years. I looked up my case online and saw no “status” anywhere, so I am assuming it is simply suit served. I am currently asked to send a written answer within 35 days. I have disputed the debt with Midland Funding, but have not made steps to dispute it with the OC, Chase. I sent a DV letter to the lawyer firm, in which they responded. 15. I have 35 days as of November 29 to respond. There is no complaint number or anything labeled “complaint” I’m guessing the charge is “PETITION FOR INDEBTEDNESS” with three points: Allegation 1: Their notice for me to dispute the validity of the debt Allegation 2: Explaining that Chase provided me credit on a written credit card account. The indebtedness was duly assigned to Midland. Defendant detailed on the obligations required under the contract. Allegation 3: Defendant remains indebted to Plaintiff for ~$3000. An Affidavit of Account and/or contract is attached hereto and incorporated by reference. 16. They stated there they attached an Affidavit, but there is no such document enclosed. So, I want to provide the best possible written response before I leave for vacation to visit my family. I have about 3-4 days to get this response sent before I leave. I do have more time to send it if I really need to invest more energy, as I can send it from where I will be located during the vacation. I would really like to get it out before I leave, though. Apologies if any information is scattered and thank you all ahead of time for taking the time to give me some helpful advice. I don't know what I would do without people like you guys!
  5. 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?
  6. I'm being served again on another ID theft Credit Card by the same stupid Lawyer. I won last time but they didn't learn anything and are now filing another Summons and Complaint on me. I want to stick it to them this time by filing a counterclaim for lost wages and other costs that I couldn't get last time because I didn't know how to file it. This time, with your help, I hope to stick it to them. Any suggestions/guidance would be appreciated. I will be posting the specifics of the suit as I get them. Thanks, Lostboy
  7. 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.
  8. I’m absolutely furious!!! That I lost my case against Midland That maybe I could have done a better job So a brief overview: I’m in the state of Massachusetts and what Midland does here is sue people in small claims court under a court magistrate and not a judge. I now can see how this also plays to their advantage, I’ll explain in minute. So I’ve been to this small claim fighting this case 3 times, The last being “the trial”. So Midland sues me for an alleged Citibank credit card debt they purchased that they say I owe. What I did: I requested validation of debt, which they did not even answered until the second court date and all they produced then was 1 copy of a 2008 statement which they claim is the last statement. They also provided an affidavit by some lady that claimed that she has personal knowledge about the account and how Midland handles it. And they also provided a Bill of sale(copy) that is to show that they own the account because they purchased it, yet the bill of sale does not make any reference to the actual account # or specifically shows the account # which is what they are suing in the first place.Based on my research I figured I had enough to prove that they did not have standing to sue in the first place because they failed to show that they specifically owned the account to begin with. I argued to the magistrate this fact and that unless they showed all the documents that the bill of sale makes reference to that contain the actual account# they have not shown any proof of standing to event sue in the first place. So I built my whole argument on this fact thinking that it is obvious that a person cannot sue another unless they actually have standing and can show that they legally can sue because they own the debt. Now to the point where this whole small claims court scenario I mentioned at the start is an advantage in Massachusetts to Midland. So before the trial begins the Magistrate goes over the instructions monologue and 2 things caught my attention: The magistrate says that since this is small claims the proceedings are very informal The rule of evidence is not in playWhat? ??? No wonder he did not pay attention to my argument of lack of standing!! So now here I am. I have 10 days to appeal for jury or judge trial, and according to what I’ve researched and the instructions, I must be very specific on the points that I’m appealing and must be a matter of law. I’m kindly asking for your help! I just can’t stand losing to the scum Midland!
  9. 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.) Stelios A. Harris, Karen E. Lusis, Mishaela J Graves, Timothy Brown, Sarah A Robinson-McElroy 3. How much are you being sued for? 2013.01 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank. 5. How do you know you are being sued? I received a letter from LegalWing telling me I was being sued and they wanted to help me. Then I got another letter a few weeks later from a different legal group Country-wide Debt Relief. I did a search on the Superior Court website and I found the lawsuit. April 17, 2014. I downloaded it which cost 30.00. ouch I read it and waited but I was never served. On May 1, 2014 I checked the Court records and saw that I was served by substitute service on April the 8th at 7:50 PM. Summons was served on a gray-haired woman 60+ years old who was approx 5’7” 150 lbs. And refused to give her name Then he allegedly placed a copy of the paperwork in the mail with First Class Postage . I never received anything. Other attempts he claims that he made were 7:32 AM on 3/27, 2:58 PM on 3/30, 6:19 PM on 4/02, 10:16 AM on 4/05, then the 4/8 attempt at 7:50 PM. What they don’t know is I manage the Mobilehome Community where I live and my office is looking right out at my house. There is no way anyone attempted to serve me papers especially that many times and I did not see them or one of my neighbor's did not see him. Oh they would have called me so fast. Not to mention you can't loiter or hang out in a car in our community. You would stick out . One of my residents would have reported it to me if I had missed it. (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) Sorry got ahead of the question He said he left a marker on my door in the papers he filed in the court.. We never saw anything on our door. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint No 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I believe I received one statement from them but I do not know what happened to it. I don’t have anything from Midland except a letter dated 4/16/2014 which I received after I printed out the Proof of Service of Summons on May 1st (it was filed in the court record on 4/21/14) I have not talked to anyone. 9. What state and county do you live in? Orange County, California- Court will be in Santa Ana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/2011 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts The SOL for this debt is 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).13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO. 15. How long do you have to respond to the suit? I already did (This should be in your paperwork). We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes Account Stated- Just the Special Interrogatorries-I have responded to everything so far but I don’t like what is going on now.. I mean I believe with all my heart these people knew I was never served especially with the dates that they filed the service paperwork. When I answered the Complaint I did not have much time. 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 did not attach anything. Not a single thing. Complaint for: (1) Account Stated. Following the complaint is the First Cause of Action: - Plaintiff realleges and incorporates by reference the foregoing paragraphs. - Within the last 4 years, Defendant became indebted on the Account to Plaintiff in the sum of $2013.01 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. - Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due. - As of the date of this complaint, there is due and owing the unpaid sum of $2013.01 Cost of suit and whatever the court deems just and proper less credits or adjustments of $0.00.. The status of my case is: Case Filed – I answered the summons May 8th with information I got from this website. I basically denied everything They sent me Interrogatories, Admissions and Production of Doc’s.. I answered all of those with answers I found here. And sent them to them cmrrr Next I sent them- Defendant’s first request for Production of documents. I sent those July 16, cmrrr Midland sent me 1 Statement from Orchard Bank dated 12/12/2011 and a Assignment and Bill of Sale from HSBC to Bureau’s Investment Group III dated 1/20/2012 There is no reference to my name or the alleged account in question it states " this is a sale of Prime Fresh Charged off Receivables described in Paragraph one thereof upon the terms and conditions set forth herein." Then a little further on it says "for good and valuable consideration blah blah blah (pretty much word for word what I have read here) Purchase Price shall be as stated in Paragraph 3 of Agreement Attached . No Attachments at all. The Next document is an Assignment and Bill of Sale from Bureau’s Investment Group Portfolio No 15 LLC to Midland Funding that is dated on May 7 2013. This document has a lot of redaction then talks about Purchased accounts File, The Chain of Title File, and Seller’s Accounts information Then on the last page it Says This Bill of Sale is Executed without recourse or warranties except as stated and provided for in the agreement. Again "No Agreement" A field data sheet with my name and info It says Data Printed by Midland Funding from electronic records provided by Bureau's Investment Group Portfolio No.15 LLC pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 5/8/2013 in connection with the sale of accounts from Bureau's Investment Group Portfolio No. 15 LLC to Midland Funding. Affidavit of Bulk Sale of Accounts all of this took place in Delaware by the way. There is also Bureau’s Investment Group Certificate of Sole Member a Michael Slotky Some more junk then some statements they say they sent me which I have never seen. They included in passing that they would send a verification of all the junk in a few days. We have a Case Management Conference scheduled for August 5th. I sent out a meet and confer cmrrr because I have issues with the fact that they have not shown me anything that says I owe them any money. They do not have any paper with my name and/or the alleged account number on it except 1 Orchard Bank statement from 12/2011. I don't think that piece of paper means squat . It does not show or prove that Midland owns that account. They sent me a case management statement and it says that we completed Discovery however (they stated in the answers to me that discovery was ongoing they were still reviewing) I sent Midland Funding my case management statement yesterday and I am filing it with the court today. Then today I got this verification as to responses Leslie Armento an employee of Midland Funding LLC. She is the servicer of the account in question.
  10. 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.
  11. I just had a motion hearing in Bergen County (Special Civil - Small Claims) Amount $1,300.00 I am the defendant in a lawsuit vs Midland Funding. Represented by Pressler and Pressler. LLC. Today's motion hearing was in regard to a set of an Initial Interrogatories dated June 6, 2014. There were 3 questions in the Interrogatories. The claim made by the defendant was: "The answers that you provided to all of Plaintiff's Initial Interrogatories are non-responsive because they are devoid of the information requested in those Interrogatories." The 3 Interrogatories were: 1. Set forth with specificity all facts in support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and /or conversations. 2. Attach copies of all writings, documents or any other records which relate to said account or in any way support any defenses or claims, including but not limited to, correspondence, contracts, agreements, notices, monthly statements, applications, and any letters sent to or received in connection with the subject account. 3. Attach any documentation evidencing defendant' mailing address(es) between 5/18/06 to 11/24/10, which should include but is not limited to, copies of energy or water bills, telephone bills, leases and /or deed(s)/mortgage(s) and drivers license(s). If said documentation is not in the possession of the defendant, please list each address at which the defendant received mail during the time period requested. To all three I answered. "Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff's claim, and based on that denies generally and specifically Plaintiff's claim." How should I have answered? At today's motion hearing the judge asked all cases involving Pressler and Pressler to go out into the hallway to meet with their attorney individually. About seven clients, including myself waited in the hallway. When it came to my turn, I stated based on the mood of the judge and how all other clients had been treated that "I am open to discussing a settlement, but I need to receive all the documents that I requested first." I was asked 2 questions about the account and said I am not familiar with the information and that is why I need all of the documents to verify. Then I brought up the option to "dismiss with prejudice the case if they are not able to provide the documents before our trial date". The attorney said that will be a possibility that she will discuss with her client. She gave her business card and asked for my phone number. To quote her, "This is something we can discuss and do before we go to trial on Wednesday. She would not be able to request this motion today. However this is something we can discuss up and to before the trial date (Wednesday July 30, 2014). Here is where I think I made my mistake. We then went back before the judge and the motion was just for how I answered the 3 Interrogatories. The judge was upset with everyone before him today. He is just horrible. He looked at my replies and said that "you can not answer these this way. This looks like something you just looked up on the internet and filled some space." Motion To Strike was in favor of Pressler and Pressler. Our trial date is now Wednesday, July 30 2014 8:45AM. So with my motion to strike granted to them, is it now as if I did not answer and therefore the court can grant automatic default judgment? Very worried here. What options, if any do I have at this time? What motions or filings can I file at this time (if any)? Did Pressler and Pressler just sand bag me? Thank you for your time in reading this. I look forward to replies and possible solutions.
  12. 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?
  13. 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
  14. 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.
  15. 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!!!
  16. I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you. Bellow is the copy of the affidavit Affidavit of indebtedness Kassy Schlichting, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf. 2. I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following: 3. MCM's records show that the defendant(s) owed a balance of $1198.04 as of 2014-03-05. 4. On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21. 6. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct. Date MAR 14 2014 signed by Kassy Schlichting STATE OF MINNESOTA COUNTY OF STEARNS signed and sworn to (or affirmed) before me MAR 14 2014 by Kassy Schlichting. Notary Republic signed it my commission expires Jan 31, 2018
  17. I received a summons and complaint from Farrell & Seldin representing Midland Funding for a Household Financial account. I am in the process of filing my answer but I am not exactly sure what to put. I have never received anything in the mail from Midland Funding. They have called 2 times - once in 2013 and once in 2014. Both times I requested proof or confirmation of debt, they never sent anything. They kept referring to documentation sent in 2012 that I do not recall ever receiving. Midland Funding was showing on my credit report but I disputed it and after 30 days I received notification it was removed because Midland Funding never responded. Then in April of this year I received a letter from Farrell & Seldin stating they were collecting on the debt. I sent a certified letter to them requesting proof of the debt. All that they sent me was an Affidavit of Debt signed by someone with Midland Funding. The affidavit only lists an account number and a balance but nothing I have ever signed or proving that it belongs to me. Farrell & Seldin say the Affidavit of Debt is all they are required to provide unless this goes to court. Based on the lack of documentation and the inability to provide information to the credit bureau I believe it is best for me to file an answer to the summons based on insufficient evidence. My question is, based on the above information would it be best to fight back against Midland Funding? I know that Colorado's court system can be difficult. Any input would be greatly appreciated!!
  18. Hey All, Did I get lucky or is there something I am missing? I don't want to celebrate too soon if that's the case. Backstory (Reader's Digest Version): Midland Funding sues me in 2011 for an account that closed in 2009. Court date arrives and they Dismiss Without Prejudice. Midland Funding sues me (again) in 2013 for the same account that closed in 2009. Court date is set for October 2014 (tell me about it) I get a notice of Substitution of Attorney. Next week, I get a letter saying the Midland Credit Management now "owns" my "account" and to contact them to set up payment options (cue: laughter) Hmm...I think. Why are they trying to collect on an account that they are suing me for? I go to my Civil Case Access online and see the following: REQUEST FOR DISMISSAL WITHOUT PREJUDICE - ENTIRE ACTION FILED BY MIDLAND FUNDING LLC I'm sorry, what?! HOORA-wait...there's more.... CASE DISMISSED WITH DISPOSITION OF REQUEST FOR DISMISSAL SUBSTITUTION OF ATTORNEY FILED BY MIDLAND FUNDING LLC Now, I am not an attorney (obviously), but since this case is dismissed without prejudice, the account was closed in 2009, and the statute of limitations in the great state of California is 4 years (2009-2013), does this mean that if they try to sue again, it's outside the statute of limitations and I can counter-sue/get the case dismissed automatically? Thank you in advance!
  19. 1. Who is the named plaintiff in the suit? MIDLAND FUDNING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) ATTORNEYS FOR PLAINTIFF THEY ARE IN HOUSE ATTORNEYS NO LAW FIRM NAME 3. How much are you being sued for? 4X00 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 5. How do you know you are being sued? (You were served, right?) YES SUMMONS AT MY DOOR 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? NONE 9. What state and county do you live in? RIVERSIDE CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) DONT ACTUALLY REMEMBER AND COULD NOT FIND ANY RECORDS FOR IT I THINK END OF 2009 THEY STATE END OF YEAR IN 2010 ON THEIR PRINTOUT ATTACHED TO SALE AVIDAVIT 11. What is the SOL on the debt? To find out: 4 YEARS 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). REPLIED WITH BOP GOT RESPONSE SENT MEETE AND CONFER THEY RECIEVED 10/19/2012 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NOT PRIOR TO SUMMONS DID NOT FIND THEM ON MY CREDIT REPORT UNTIL 5/2012 THEY POSTED SEVERAL TIMES 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 NONE WAS NOT AWARE OF THEM 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 AM WORKING ON ADMISSION AND DOCUMENT REQUESTS FROM THEM 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. NOTHING JUST THEIR CLAIM 4 PAGES LONG 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  20. OK, First I would like to state my appreciation for how these forums have empowered me to take a stand against these low life criminals. I was served with a petition, and request for admission of facts. Using very helpful information on this forum, I responded to those. I made sure my responses were filed with the clerk or court as well as mailed to them certified. I also sent Eaton 2 DV letters. They responded with a stack of credit card statements from Chase as well as an affidavit from some Midland employee that I am not familliar with. The Cover letter from Eaton Grp Atty stated "We have ordered the requested documentation from our client and will forward you a copy as soon as we receive it" A few days later, 11/28/12, I received a "Request for payment arrangements" and a "Consent Judgement" for me to sign. as well as "Account Interrogatories" and "Domestic Interrogatories" The 2 forms are as follows. ACCOUNT INTERROGATORIES 1: The creditor indicates that the monthly statements itemized all purchases, payments, fees and credits and the creditor indicates a balance or $2,XXX.XX as of January 15,2012. Do your records refplect otherwise and if so, please describe. 2: The Creditor indicates that the monthly statement informed you of a right to dispute in writing within 60 days any listed purchase, payment, fee, or credit. The Creditor indicates no timely disputes. Do your records reflect otherwise and if so, please describe. 3: The creditor indicates that the monthly statement accurately reflect all purchase and fees. Do your records reflect otherwise and if so, please describe. 4: The creditor indicates that the monthly statement accurately reflect all payments and credits. Do your records reflect otherwise and if so, please describe. 5: The Creditor indicates that the credit terms are based on your agreement. You received the credit terms when the account was opened. Please fully describe and credit terms which you feel are not accurately reflected, detail the suggested accurate terms, and describe or attach any document which substantiates and agreement as to any different terms. DOMESTIC INTERROGATORIES 1: What is the present name and address of each person to whom you have been marries 2: On what date were you marries, physically separated, and petitioned for divorce relative to each person to whom you have been married. 3: Why do you feel the community should not be held responsible for this obligation? 4: What community property did you retain after your marraige ended and what was the estimates value of the property on the date of the dissolution? I have 2 questions, 1) Does anyone have suggestions on how to respond to these interrogatories? I have denied everything so far, and asked them to validate the account. 2) Do I need to file anything with the court denying the "Consent Judgement"? They sent this stuff to me regular mail, but the form appears to be one planned for filing with the court. Any help would be greatly appreciated.
  21. Special Thanks to BRJMHOME and REDLINEHOME. This OP will outline my 6 month journey to dismissal with MIDLAND FUNDING. *ALL RED TEXT in templates MUST be edited *Please refrain from mindlessly editing LINKED TEMPLATES. *Read thoroughly to ensure all included information is applicable and relevant. *Individual cases may not unfold in a respective time frame or sequence as the proceeding. All correspondence to be sent via certified mail. Copies of all motions filed with COURT CLERK to be mailed to PLAINTIFF. Copies of all correspondence mailed to PLAINTIFF and delivery confirmations to be filed with COURT CLERK. 1. Following first notification of debt, DEFENDANT to mail the following: TEMPLATE: DEBT VALIDATION TEMPLATE: DC DISCLOSURE INQUIRY TEMPLATE: ORDER TO CEASE AND DESIST 2. DEFENDANT is served COMPLAINT. In Missouri, appearance in court is an acceptable ANSWER to COMPLAINT. (However, in other states you may need to file a written ANSWER to COMPLAINT). INCLUDED EVIDENCE: AFFIDAVIT 3. DEFENDANT is served PLAINTIFFS FIRST REQUESTS AND INTERROGATORIES. 4. DEFENDANT to mail the following: TEMPLATE: DEFENDANTS ANSWER* TEMPLATE: DEFENDANTS REQUEST FOR PRODUCTION *ANSWER to be used as a REFERENCE ONLY. *Respectively read and answer individual requests. *ANSWER will NOT directly correlate with the numbered requests you are served. 5. Following THIRTY* days without receipt of PLAINTIFFS ANSWER, DEFENDANT to file: TEMPLATE: MOTION TO COMPEL TEMPLATE: MOTION TO DISMISS *Check local Rules of Civil Procedure 6. DEFENDANT is served PLAINTIFFS ANSWERS AND OBJECTIONS. INCLUDED EVIDENCE: STATEMENT OF ACCOUNT, PRE-LEGAL NOTIFICATION 7. DEFENDANT to file: TEMPLATE: MOTION TO STRIKE AFFIDAVIT TEMPLATE: MOTION TO STRIKE STATEMENT TEMPLATE: MOTION TO STRIKE NOTIFICATION 8. DEFENDANT receives copy of PLAINTIFFS DISMISSAL. 'COMES NOW PLAINTIFF and hereby dismisses the within cause of action at Plaintiffs cost.'
  22. Recently I discovered that midland funding bought an OLD debt that the SOL ran out. In PA it is 4 years. Midland HAS NOT contacted me HOWEVER they: 1. Re-aged the date of charge off from Sept 08 I was smart and kept a copy of my credit report from 2011 (HBC charge off date) to a new date that they called date opened 3-22-2010. essentially they just put this on my credit report until 3-2017 when it should go off in sept 2015. 2. the original amount was for 11 grand but they inflated it to 25 grand. 3. The Statue of limitations in PA is 4 years, therefore it expired and cannot be collected as of September 2012. Can someone please advise what first steps I can take. I do not want to kick a sleeping lion. Should I let it go until the real drop off date is supposed to drop off.
  23. Hi, this is my first time posting on here. I'm in need of advice. I have been activly fighting midland funding since I received a summons 09/11. The last activity was when I filed a "Request for Discovery and Documents" 10/11. (Which they did not suffciently respond...only sent the exact same information they had attached to the actual summons...a credit statement and a ltr of purchase from Chase to Midland with no act#s or names or anything. However, did not respond to the actual requests) Anyway, I now receiveded a "Notice of Lack of Prosecution" court motion since there has been not activity on the case. My first questions is: How do I respond to this? Second: I have moved 2800 miles away from the county the lawsuit is in and cannot finacially attend the hearing, what do I do about this? Will this negatively impact me? I have fought it up to this point and showed up or all hearings and don't want this to jepordize anything. Third: the last activity on the said cc was 01/09. I believe that this means the SOL is up. Please offer any help on replying...I cannot afford to hire and attorney to attend for me, but I cannot be at the hearing either. HELP!
  24. HI Guys Great Forum!!!! Tons of Info here. I followed a lot of the suggestions here and I had the nerve to filed an answer, now I am waiting for hearing date on October 20ish (I dont want to put too many details as they always snoop around) The summons is as usual, You owe the money, we tried to contacted you, we never find you, we send you tons of letters you never responded, we always tried to help people like you, you broke our hearts and now we had no choice but to sue you for: amount $1,300 plus 10% interest starting February 2013, we want cost of suit and other reliefs the court deem proper like kleenex cost that we used to wipe our tears because of our broken heart... yada yada yada..bullshit!... I answer them general denial and affirmative defenses that goes like.. Failed to contact me, never received anything via mail of phone, that they have fail to prove in the summons proof of debt, that they incurred in predatory lending and FCRA and FDCPA violations, want the case dismissed etc etc by the way for people out there that want to do this on your own FYI there is a cost of the Answer in my case $230 something dollars OUCH didn't expect that! that is almost a 1/4 of the alleged debt! So... now that I have a hearing date what should I do in the mean time? should I go and file Discovery requests? or Answers? or I do nothing until after the hearing? NOW what should I expect at Hearing? how can I prepare for the hearing? any help out there will be appreciated! I am excited to do this myself I checked the San Diego Court files from Midland Funding and the amount of judgments against consumers is staggering and Sad to say the least this monsters need to be stopped one day! I checked probably 80 filings and all of them were un-answered therefore they won every single time by default! Wow... Thank you guys!
  25. Good day all, My mother is being sued by midland and we went to court on march 19th . She told the judge that the debt was not hers and he set a trial date for April 30th. before we left the judge, I asked about debt validation. The judge told us that the lawyer for midland would send us a copy of everything they have and he said that he will not look at any evidence if I haven't received it prior to the trail. So my question is ,should I file for discovery or is the judge correct? and. Is there anything I should be doing to beat this case? As of yet I have not received anything in the mail from midland as the judge said they would send me the debt validation in the mail. Am I being duped?
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