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  1. Very interesting Midland Funding article http://www.washingtonpost.com/business/economy/taking-on-the-countrys-biggest-debt-buyer/2014/05/09/fbd65a24-a94d-11e3-b61e-8051b8b52d06_story.html
  2. I have learned a lot in two days of browsing and I greatly appreciate all of the information here so far. I have one quick question. Midland Credit Management aka Midland Funding is on my credit with a suppsed debt to a bank. They initially said I owed $5,XXX and every month or so, that amount has increased to over five figures now. Anyway, I called TransUnion about something unrelated and they tell me over the phone that it's actually scheduled for deletion off my credit report NEXT MONTH. Such joy. One report says that the date of first deliquency is April 2008, another October 200
  3. 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
  4. 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 advan
  5. 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) an
  6. 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 rec
  7. 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 M
  8. 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
  9. 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 a
  10. 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 answ
  11. 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
  12. 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 i
  13. 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 spec
  14. 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?
  15. 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 con
  16. 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 ori
  17. 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!!!
  18. 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 eightee
  19. 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 notif
  20. 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:
  21. 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 - Su
  22. 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 "W
  23. 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
  24. 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 colle
  25. 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 activ