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  1. 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 p
  2. 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
  3. Received summons and complaint from Midland funding. Still not really sure if they are stating an account or breach of contract?? or both? Their allegations and his answers: 1. The Plaintiff, was and is a Foreign Limited Liability Corporation lawfully authorized to transact business with the state of Montana. ans: Defendant is w/o knowledge of Plaintiffs business, incorporation status, or legitimacy in paragraph 1 and therefore fully denies. 2. Upon information and belief, Defendant(s) currently reside in ******* County, Montana. ans: Defendant admits he currently resides in *******County
  4. 1. Who is the named plaintiff in the suit? Spouse 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Love, Beal, & Nixon 3. How much are you being sued for? $2,715.86 plus fees 4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services / Webbank 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Person Delivered Summons 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing
  5. I am being sued by a lawyer for a JDB and have a few questions. On the Summary of the Pre-Trial Conference, the Judge marked that I have an additional 21 days to Amend my pleading. (I think he did this because I messed the first one up so bad.) Unfortunately, I sent in a second pleading, a little better than the first but still lacking, (after reading here, greatly lacking), my question is, can I file another pleading to replace the 2nd pleading? I still have til the 28th of Nov before the 21 days are over. Can someone give advice? Thanks, Lost
  6. I am being sued by Midland (assignee of HSBC). It appears that HSBC credit card units were purchased in 2012 by Capital One. I am at the pre-trial conference phase. Do I raise the issue of account ownership now (standing)? Or am I better off seeing what Midland's lawyers have for documentation? I called HSBC and was automatically transferred to Cap 1 based on my home phone #. I finally talked to a rep that confirmed that Cap 1 now owned the account but it has subsequently been sold to still another servicer. I have requested that info in writing in case I need it. The question is - when sh
  7. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescind
  8. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until full
  9. So, my motion to compel documents was granted. Midland didn't even send a lawyer, they no showed. I wore a suit, everyone thought I was an attorney until I stated my name and in pro per. The judge even commented that my motion was very well prepared. Now comes the interesting part. I was granted the motion because midland was late responding to my request for production of documents, and hence waived all of their rights to objection. They have to give me everything with no right to object. Now we'll see what they really have. I used ASTmedic's motion to compel as a starting point and tweaked i
  10. I've received a "verification of the debt in question" letter from the Stillman Law Offices. In the letter I received: A signed contract from Jan. 23, 2006, with my signature and SSN on it. 4 months of billing statements from Feb 2011 to May 2011 with nothing but late fees and interest listed on them. This is my reply to their letter. Dear Ms. Wyman; This letter is in response to your correspondence of December 26, 2013. Pursuant to the Fair Debt Collection Practices Act, § 809(, 15 USC 1692g, please provide ALL of the information to validate the above
  11. Please help! I am being sued by Midland Funding via Jerold Kaplan law offices. I have attached the 16 questions. At this time I am unsure of how to proceed. Any advice would be greatly appreciated. Thank you 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,000 + pocket change 4. Who is the original creditor? (if not the Plaintiff) Webbank / Dell 5. How do you know you are being sued? (You were served,
  12. I'm starting a new thread with more information. I am being sued by Midland Funding LLC represented by The Brachfeld Law Group for the sum of about $4100. I will be filling out the CA form PLD-C-010. I was looking at a Affirmative Defense. Has anyone had to deal with The Brachfeld Law Group? What would be the best way to go about anything. I now have 29 days to submit my Answer. Thanks for all the help.
  13. I just wanted to come on the forum and thank everyone in this community for the great information. The information I learned from here helped me go up against Midland Funding in court and it was unremarkably amazing how easily they back off once you kick the legs out of their faux case. In my experience, they had no evidence to prove they owned an account from the OC. They had bought a portfolio of debt that must have been sold multiple times before it ended up with them. Their portfolio of an alleged debt I owed had CC statements, a bill of sale, cert of conformity, among other things.
  14. Case Dismissed Without Prejudice - OCT 16 2013 I guess they can file and try the case again if they want but the SOL on this case is not to far off so i don't expect to hear from them again. I want to Thank all here who helped me, Especially Seadragon for the endless back and forth emails and all the documents he helped me with, this man is amazing! I also want to Thank nobk4me for posting about Midlands Consumer Bill of Rights article 3 b And Thank you calawyer and all the others on this forum for your input, I could not have done this without you, I probably would have been like many oth
  15. Hello, I've been reading so much on the threads which have given me so many ideas on how to go against these guys so thank you to all who post so much usefull content. I'm in need of some help when it comes to my response with this as I've seen some people recommend a motion to dismiss vs filing an answer and would love some recommendations based on my wife's situtation. Also, I wanted to represent her in court without her there if possible does anyone also know if I'm able to? Thanks again! Our Scenerio: Orlando, FL Married - pregnant wife One income from me Mortgage Car Loan On 9/3
  16. It finally happened (for real this time). We won against Midland Funding. Everyone in this forum is certainly a very special friend. We can’t thank you all enough. This was a very tough one to sort out and I would like to contribute a bit to the group. Here in Utah, we had to argue that Delaware law and it’s statute of limitations was applicable. To make things even more difficult, we needed to show that the statute of limitations was calculated from the date of the last purchase and not from when the last payment was made and the following payment was delinquent. (Please don't post any case
  17. Hi! I wanna start by saying MIDLAND Funding summons me a yr ago re a default w/ WAMU in California. Since I have a Lawyer friend I went & saw him & asked him what he thought & he said I would have to pay, but what we could do for now is put them off by filing all the responses & that would get me time to get money together so right before trial MIDLAND would offer me a deal. So he did all the paperwork over the last yr for me. I believe just the basics. My Case Management was vacated & a trial was set for August. So on about June 27, I received a 'Request for Statement of
  18. I'm in California and being sued by Midland Funding for about $2,000 for an old credit card I had with WaMU. I filed an answer to the complaint with the courts and also sent a demand for BOP, with the help of these forums. Exactly ten days have they received the demand, they sent me a BOP that only consisted of old statements from Chase. and now, I'm not sure what to do. This is the first time I've dealt with anything like this and cannot afford an attorney. Thanks for all the feedback and help.
  19. Today, I received a settlement letter from Midland regarding a TL that was deleted approximately 6 months ago. I never received an initial dunning letter. I checked my CR and noticed Midland's negative TL. After monitoring my CR for several months, I noticed that Midland was reporting this TL inconsistently. Midland used 2 different names (Funding and Credit Management) to open and close the TL, they listed themselves as a factoring company, made the TL appear to be a loan or revolving credit, they supposedly sent a dunning letter to my old address but pulled my CR which listed my current addr
  20. Midland Credit Management continues to do account reviews on at least my TU CR. The purpose of their review is listed as a collection. However, I do not have any collections on my CR. Approximately 5 months ago, a collection from Midland was deleted off of my TU CR. The collection was not validated or verified. I am not sure how the SOL (tolling) would work with this collection because I moved from TX to CA. I also was able to catch Midland in violation of several FCRA's and reported them to the CA Attorney General and FTC. Since then, Midland has sent 2 letters with payment options for an u
  21. From reading forums here I was able to respond to the initial Complaint (from Midland funding via Johnson & Mark) but I'm getting a bit lost on how to respond to the Discovery request and how to send my own Discovery request back. I'm definitely not a lawyer and I can't afford one either. Any help someone could provide would be met with extreme gratitude! If I calculated correctly I have until 12/4 to respond to the following discovery requests: They are requesting 6 years worth of bank records. Any and all paperwork regarding debt. Correspondence, communications, receipts etc. As well a
  22. I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescind
  23. I am another victim being sued by JDB --Midland Funding LLC and I need some help. I have been reading these forums and my eyes are bleeding. I was hoping for some specific guidance. I am trying to draft me answer as my 30 days will be up on 8/28/2013 -- I have read and bookmarked many posts by some who have won cases, but they are in other states or I have not received the exact clarity I need. I do not want to hire an attorney, because I want to fight this and win, and the firm I am considering has a 40% success rate??!! I have dowloaded the ANSWER PLD-C-010 however, I am uncertain as
  24. So I went to court today, filed my paperwork for my dueling affidavit and got my assed handed to me. The judge said they had standing and I outright denied me saying they've proved standing in Washington State. So what do I do now? I owe them apparently 2600 dollars which is 3 times the amount of the original card in question.
  25. Hello all, I recieved a summons on 6-20 and have been reading up on how to handle this and was hoping for some reasurance and direction, I will start by filling out the questions below. 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.) Pressler and Pressler 3. How much are you being sued for? 2,500 4. Who is the original creditor? (if not the Plaintiff) On The paperwork it is CIT Bank, I know it is for XXX. 5. How do you know you are being sued? (You were served, right?) Served 6. Ho