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  1. Hi! So I am being sued by midland Funding. I will have lots of questions, but one that keeps coming up is in regards to the chain of custody on the alleged account. Here is my question, Say an account was opened with "bob's bank" around 2005, then sold to "johns bank" some years later, then sold to "mikes bank", then sold to JDB. The JDB keeps refering to an alleged account opened with "mikes bank" in 2005, but it was not, it was "Bob's bank" in 2005. So who is the original creditor? are all the banks part of the chain of custody? Thanks in advance! Surfertom
  2. I have been served.. it has been lest than two weeks after i got served and i have submitted/Filed my Denial Form and send a copy to midland funding. with a request for verification. They have Mailed me a copy of the following 1: Statement from Original BANK with FULL account number, 2: Paperwork stating that chase sold the account to Midland Title BILL OF SALE 3: paperwork with my account information and my last 4 digit of Social Security which is Valid What do i know now. I need a HUG, I'm Scared and broke!!!!
  3. I am being sued by Midland Funding LLC. I have been reading as much as possible but am still unclear as to how to respond to the summons. The attorney filed over two weeks before I received the papers. I was not asked to sign for receipt of the papers so there isn't any legal proof of the date I received them. So my first question is how will the court determine when the thirty days started? I am not being flippant, I just don't know how much time I have to respond. The papers state I must respond "within thirty (30) days after service hereof, exclusive of the day of such service". If I can't
  4. Good Evening folks. First post and like others have found myself here because of similar situations in regards to being sued. However, before i lay down my current situation i would just like to say ive been lurking this site for a couple of months and you folks have given me hope and have provided very intuitive information thus far:) So i decided to register and try to be a little more proactive on my situation. 1. Who is the named plaintiff in the suit? A: Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) A: Korn L
  5. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photoco
  6. 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? $1,964 (plus $530 attorney fees) 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) Given to my husband when he answered the door 7. Was the service legal as required by your state? Yes 8. What
  7. Last week, I lost a debt collection lawsuit in a Baton Rouge, La., small claims court. I replied to the initial summons with a denial that I did owed Midland company anything and asked for them to send evidence validating the alleged debt and their ownership of it. They never did. The only thing I ever got from them was a notice of their privacy policy. When I got notice of a court date in May, I assumed that's all it was. Big mistake, I know. I thought that I just had to show up because I already filed a denial with the court; but apparently, I should have. Turns out what I answered wasn't
  8. If I served plaintiff, midland funding, with 1987 notice to appear, ( i mailed 30 days before trial) nd the same day I received ccp 98, in lieu of live witness (yes, you know that one, where there is an address 150 miles within court house along with 4 other addresses all over California) do I still need to subpeona affiant in ccp 98? Does 1987 trump 98???? I just can't seem to get past my frustration that an affiant/ witness can be legally allowed to say she will be available in 5 different places for 20 days before trial in ccp 98 where it clearly states personal service only. Unless she has
  9. First and foremost, for anyone who assists me in this adventure thank you very much. I will try to be clear and concise and provide as much info as possible. I am looking for advice and assistance on translating the legal wording of these documents. I apologize if there are identical post to mine, I read some related threads but they varied in some wording and I am very nervous about this whole ordeal and wish to be thorough. I received a 10 day Summons and i have gathered from my readings that it is in my best interest to respond to this and avoid a default judgment. Midland is attempting t
  10. okay heres a fun one. I had one account with midland funding in arbitration and one account with MCM that had sat for 3 years that I disputed and tried to get removed via the CRA's and directly with them. MCM never responded to my dv requests. I applied for a mortgage but got denied till I got rid of the above "collection" accounts I sat on it for a day and decided to settle. Needed the house and couldn't afford to sit through Oregon's laughable arbitration (since it was after my closing date ) just so I could go back to court again. I settled with Midland funding for 1/7 of the
  11. I too received a civil summons from Midland (Junk Dept Buyer) in the amount of $1,273. 94, to go to court on May 17, 2013. My summons did not state anywhere on it a time frame or even mention filing a respones. Only that I must appear in court and of course not being familiar with legal issues I did not respond. So here I am 12 days before doing more research to see how I need to handle this. My summons also had the EXACT affidavit of Jessica Fiecke attached to it that I have seen in posts on the forum. They apparently had filed the civil suit in January of this year which allowed them
  12. Recent Court of Appeals decision overturning Midland class action lawsuit settlement gives new opportunity to Georgia consumers affected by Midland Funding's filing of false robo-signed affidavits in debt collection lawsuits. You've probably heard about the Midland Funding class action lawsuits regarding robo-signed affidavits used in lawsuits against consumers, right? Well, a Court of Appeals recently decided that the settlement with Midland and its parent company, Encore Capital, was unfair and overturned the approval of the class settlement. The proposed settlement would have basically le
  13. I was served with a civil summons from Midland Funding on December 8th. The summons states that Midland is the assignee of FIA Card Services/Bank of America. It also states the amount I owe plus interest. States that the venue is proper. I have not sent a response because I was wondering how I need to go about this without a lawyer if possible. I owe about $2300 plus $670 in interest, so in my opinion getting a lawyer wouldn't make sense to me. According to this thread: http://www.creditinfocenter.com/community/topic/266614-once-youre-in-court-dving-is-useless-really/ DV really won't h
  14. I need to send this in a few days. Please provide suggestions and feedback. Thanks for your time. 1. Admit or deny you had a credit card account with Citi. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. 2. Admit or deny you received a copy of the terms for the credit account. ADMIT or DENY: DENIED 3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the account. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must de
  15. Just checked my Credit Report on Experian and Midland has posted a delinquet account on 04/23/13, this after I whupped them in court on 05/07/11 (dismissed in my favor with costs)! Same account. Is this a FDCPA violation? What do I do? I didputed with Experian online.
  16. Midland Funding has filed a case against me in connection with an alleged account I had with Credit One Bank, N.A. in the amount of $1,100.00. The plaintiff is Daniel N. Gordon of Eugene, Oregon. I have a few questions I'd love to get answered before I draft my next correspondence to involved parties. Any assistance anyone can provide would be greatly appreciated! Complaint was filed in Oregon. I have very recently moved back to California. I have not yet updated involved parties with my new mailing address, should I notify Plaintiff, county court and arbitrator? I recently received a forwarde
  17. Hello Everyone. I Hope someone can help me answer to this summon. I live 2 blocks from the Court so is not an issue for me to take it in person. Thanks in advance. 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.) Pollack and Rosen PA 3. How much are you being sued for? $6000.00 4. Who is the original creditor? Washigton Mutual then, Chase Bank USA NA 5. How do you know you are being sued? Served Aug 21 6. How were you served? In Person 7. Was the service legal as required
  18. New to the forum and I've been finding a lot of useful info from the posts. I was hoping to get some advise and how to go about a lawsuit brought against me from Midland Funding ( represented by Zakheim & LaVrar / Zakheim & Associates). I was served on January the 12th, 2013 for an alleged debt owed in the amount of $3k. I'm scheduled for a pretrial conference on Feb. 21st, 2013. Attached to the summons was the complaint and a affidavit (file attached) from a former Midland employee name Elizabeth Neu dated in 2008. The complaint is for and open account and Account stated. That is al
  19. I have been lurking on CreditInfoCenter for months and I want to thank all of you for the great advice. I have had Midland Funding drop 1st case against me and now I am fighting them on 2nd case. Background: Current case in Maricopa County, AZ (Phoenix). They are suing as assignee of Chase even though Chase was not the OC on any of the accounts. This one is a WAMU Account sold to Chase sold to Hilco Receivables sold to Midland Funding. The one I fought them and they dismissed was the same as this one. I originally had 4 credit card accounts we are dealing with the 2 above and 2 m
  20. I have read and read for a couple of weeks and have a couple of particulars that have me stumped, so here is the first part: 1. Who is the named plaintiff in the suit? My brother 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding 3. How much are you being sued for? $10,000 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) My House 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your st
  21. I have been following these board postings since I recved Summons in October. I used some of the forms..Request for Debt Validation Request to strike Affidavit of Debt and how to request dismissal of Midland's MSJ. On 2/14/13 I showed up one hour early to my hearing..I thought I was pretty prepared...I read tons of things on internet about how to fight JDB's and I had my notebook with my opening statement...first to strike affidavit...obvious it was a robosigned one...second there was no bill of sale from Equable to Midland even though in the Affidavit it stated Midland "acquired" account f
  22. I found a lawyer in my area that took my case and requested that Midland Funding pay the fee. After the lawyer sent the answer and discovery, 7 days later Midland dropped the suit.
  23. Hi everyone. This forum has been help me so much since the day I got the summon. 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.) David B Snyder and Stelios B Harris 3. How much are you being sued for? ~4K 4. Who is the original creditor? Chase Card Services 5. How do you know you are being sued? Served with summons 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What state and county do you live in? California 9. When is the last
  24. Here we go again! I recently won a case against Midland Funding at the end of February and by won, I mean they dismissed the case without prejudice 10 days before trial and, goshdarnit, they just plum forgot to tell me. My own fault, I should have called/checked the website to make sure we were still on. First off, this forum has been especially wonderful with all of the information and I am eternally grateful for all the help you guys have given not just to me, but to everyone here. On to the story: When I was first contacted by Midland, I was stupid and never DV'd them when they initially c
  25. My wife just called to let me know I was served again... Midland! (in my best Jerry Seinfeld Neuman voice). I just got a dismissal with prejudice 2 weeks ago and they're coming after me again. I hope it's the same debt. I could really use a grand! I guess I'll find out when I get home. Ding, ding, ding. Round 2!