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Found 837 results

  1. 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 Law Firm Columbia SC 3. How much are you being sued for? A: 9K 4. Who is the original creditor? (if not the Plaintiff) A: Chase card member services 5. How do you know you are being sued? (You were served, right?) A: Sheriff Deputy 6. How were you served? (Mail, In person, Notice on door) A: in person, at my front door. 7. Was the service legal as required by your state? A: there is a filed aff on public court site of service. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? A: none noted 9. What state and county do you live in? A: South Carolina (Beaufort County) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) A: Sept 2007 best of my knowlege 11. What is the SOL on the debt? To find out: A: I believe 3 years Current Facts as of 2/6/12......On 12/16/11 I was summonsed, Have sent Answers and defenses to plaintiff Att. and filed with court well within 30 days. Also sent plaintiff Att. production of docs ect. Was mailed a big pile of scary and intimidating verbage of responding answers and objections with a set of admissions. I have been researching my next coarse of action which is answering their admissions and discovery wish list. This appears to be the typical Midland complaint that many others have posted about (i.e.) hearsay affidavit, OC copies of statements, print out of amount owed thats attached to exhibit "A". Soon as i'm able to make a few more post, I will scan and paste the actual summons, my answers and the responses. Just wanted to join CFC, say Hi and get to know everybody while i research my next coarse of action. Hi!
  2. 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 photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 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.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) mailman in person 7. Was the service legal as required by your state? yea 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? never had contact with them 9. What state and county do you live in? Snohomish county, WA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 years in washington state?? 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). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 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. Too late 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? 30 days, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories 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 sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article:
  3. 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 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? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 11. What is the SOL on the debt? To find out: 6 yrs 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). Mediation scheduled in June, Plaintiff no-showed, I filed motion to dismiss w/out prejudice, they responded saying that’s too harsh and citing some case, my motion was dismissed and mediation rescheduled for next week. I submitted my original answer within a 10 day window. I said I admit to none of it and that I have not entered into any agreement with Midland and do not owe them anything. I said I do not know who they are and have had any prior contact with them. That was in June, I’ve done a little reading since then and wish I answered a little differently but it is what it is. 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? (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 responded in the correct time frame. Yes I received the interrogatory and did nothing – do I have to respond to that? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of balance owed, WF Card Agreement, Bill of Sale, e-Record of account pursuant to bill of sale, Notice of new ownership and a statement from Dec 2010. I value your assistance please and thank you! J
  4. 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 the actual lawsuit. The papers with the court date was the actual lawsuit. I did show up prepared to argue my case with an affirmative defense. However, the judge would not even listen to me. She ruled in Midland's favor without even hearing my side because I didn't file a response to the paper with the court date. Here's the thing, neither I nor the attorney representing Midland had ever been sworn in. She called us up and immediately started talking to the attorney for Midland and within two minutes it was over. I lost. Can I appeal on the grounds that neither of us had been sworn in? Isn't that proper courtroom procedure even in a small claims court? Has anyone had anything similar happen to you and how did you did with it? And if I what are my options after that? I'm studying Louisiana civil procedure and hoping to file an appeal Monday or Tuesday, at the latest.
  5. 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 a star trek transporter its impossible and shouldnt be allowed! What a misuse of sherrifs, funds for process servers, etc! This clearly violates due process of witness cross examination! Thanks for listening and thanks for your knowledge of law.
  6. 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 to collect a on a debt they acquired from Chase Bank USA, N.A. The summons was delivered containing 3 items. 1st is an explanation of what the summons is and states the 20 day limit to respond to the complaint. 2nd it contains a 6 section breakdown of the complaint the sections are as follows I. Parties, jurisdiction & venue II. Chronology of events III. First cause of action, breach of contract IV. Second cause of action, Quantum meruit V. Third cause of action, Promissory Estoppel (contained in the first 5 are 22 statements i can list them as needed or all at once whichever is easier for readers) VI. Prayer (WHEREFORE, Plaintiff prays for judgement against defendant as follows a-f) A) The outstanding balance principle amount in the amount of $----.-- less a payment of $0.00; Prejudgment interest pursuant to Utah Code Ann. 15-1-1, commencing on 10/31/2010; C) All costs incurred in bringing this action pursuant to rule 54 Utah Rules of Civil Procedure; D) Upon judgment, post judgement interest will accrue at the statutory rate pursuant to Utah code 15-1-4; E) Reasonable costs incurred by plaintiff to collect the money judgment; and F) Any further relief as the Court deems just and equitable. 3rd. it has a small photocopy of a bill that has standard credit card billing statement info (I can provide specifics if needed) The summons contains many more statements I can list them all no problem, I just figured I'd start with this and proceed with community input. I will monitory this thread frequently and thanks again to all who help me, it's appreciated.
  7. 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 total. I called and settled with MCM for 1/2 of the total. In neither case do I admit to oweing the debt just that I had to pay them off to get my mortgage. wait for it...... yep just got 2 1099 c's from midland funding. one for each account and the amount of debt discharged is screwy on both of them. The information I have been finding on the boards is all over the map. file this form, write a hand written note, declare insolvency, sacrifice a goat on a full moon in July....etc..etc... Is there a clear, concise direction in this forum or elsewhere as to what my options are in this matter? To keep it focused lets forget the insolvency route wouldnt work in my case. thanks
  8. 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 to avoid the Tennessee Statute of Limitations by 1 month. My family has been impacted by several events that have greatly impacted our financial status and I would appreciate ANY assistance in how to handle this matter. PLEASE HELP !
  9. 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 let Midland/Encore off with a slap on the wrist and an insulting $20 to each class member affected by the false affidavits. To read the Sixth Circuit opinion overturning the approval of the settlement, go here http://caveatemptorblog.com/files/2013/02/13a0050p-061.pdf This recent decision gives those Georgians who were sued during the dates of March 2010 and March 2011 where one of those false affidavits was filed an opportunity to stand up to Midland Funding, Midland Credit Management, and Encore Capital. Before, the class action could have extinguished certain rights of Georgia consumers to pursue Midland for those false affidavits. So, what does this mean? It means act quick! You may be entitled to a remedy under federal and Georgia law against Midland Funding if you were affected by those affidavits within a time period where the statute of limitations has not run out for you to do so. The statute of limitations under the Fair Debt Collection Practices Act ("FDCPA") is only one year so you can see why it is imperative to act now. The FDCPA has a provision in it that allows a consumer to recover attorneys fees and costs from the debt collector if a violation is proven - this means consumer attorneys often take on these cases for little to no money upfront from the consumer. Midland will not change its practices until it is held accountable for its policy of lying to the court. You should also know, that even while these legal class action proceedings were ongoing, Midland did virtually nothing to change its practices. Its staff continued to fill out form affidavits with little done to verify the truth of its statements to obtain judgments against Georgia consumers. So, what should you do? Contact Georgia consumer attorney Daniel DeWoskin Phone: (404) 987-0026 Email: info@atlantatrial.com ASAP to discuss (for free) your legal options to hold Midland accountable for their actions. He is looking for people who've been sued by Midland Funding / Midland Credit Management between those dates and whose cases involved an affidavit filed by Midland Funding or Midland Credit Management. It does not matter if you lost your case to Midland Funding. You may be entitled to a remedy under federal and Georgia law.
  10. 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 help me. Any opinions on this are appreciated. Also this thread: http://www.creditinfocenter.com/community/topic/304704-midland-scumbags-vs-wife-ky/ mentions KRS 371.050 that deals with the amount that Midland can recover. I'm fairly ignorant in how to go forward, e.g. how to word my response. I would really appreciate any help I can get. I'm recieving workers comp so I can't really afford much at the moment. I look forward to hearing your responses!
  11. 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 deny. 4. Admit that you used the Account to obtain goods, services, or money. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. Defendant cannot speculate as to the terms of a document which has not been provided. 5. Admit you received periodic statements from Citi, regarding your account. ADMIT or DENY: DENY-Receipt of statements or any other documents connected to the instant action is a matter for plaintiff to prove. Defendant denies receipt of any such statements. 6. Admit that you did not object in writing to any changes or fees on the Account within 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee. ADMIT or DENY: DENY 7. Admit you stopped making payments on the account. ADMIT or DENY: DENY - No liability has been established, therefore no payment is required 8. Admit that your account was in default. ADMIT or DENY: DENY 9. Admit you are indebted to the Plaintiff, the lawful assignee of CITI, for the full current Account Balance stated above. ADMIT or DENY: DENY - Midland Funding, LLC has produced no admissible evidence establishing ownership of any account which may have been held by Citi in defendant's name. 10. Admit that you have no evidence to disprove or defend against Plaintiff’s claims in the action. ADMIT or DENY: DENY 11. Admit that under the terms of your agreement with the Citi, you agreed to pay interest at the rate stated in the Complaint on the principle balance of your account, plus any additional court costs incurred to enforce the agreement. ADMIT or DENY: OBJECTION - Calls for a legal conclusion, the purvey of which is best left to the trier of fact. Additionally, Citi is not a party to this action
  12. 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.
  13. 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 forwarded notice that the Arbitration hearing is scheduled for June 12, 2013. On that date I will be 39 weeks pregnant, I'm due on June 17th. Arbitration is mandatory in Oregon. To date, I have filed an Answer with the Court and mailed back a response (certified and US Mail) to Plaintiff's Request for Production of Documents and Request for Admissions. My responses follow the format in the following thread regarding fighting a case against Midland Funding. I admitted to nothing and didn't produce any documents. http://www.creditinfocenter.com/community/topic/292720-start-to-finish-winning-against-midland-funding-aka-jdb/ To date, I have drafted but not sent a Defendant's Request for Production of Documents. I was waiting to receive the date for the scheduled arbitration, expecting more than a 30 day cushion from the date of the hearing so that I'd have time to mail off/file the request. I received the arbitration letter by US mail on May 15, 2012, less than 30 days from the arbitration. Since it's less than 30 days, I can no longer send the request, correct? It is stated that the Plaintiff's attorney will appear at arbitration by telephone, and they have already prepaid the $525 deposit. I currently reside 600+ miles from the court that the Complaint was filed in and under physician's orders, I cannot travel due my current state of pregnancy and will not be cleared to travel for an additional 4-6 weeks after I deliver. Should I request to appear by telephone or request a continuance to appear in person (which I'm assuming would provide me the necessary 30+ days to file Defendant's Request for Production of Documents). Can I use the continuance to request said documents from the Plaintiff? Or am I too late? Per letter from Arbitrator, I am responsible for a $525 deposit. Is this a cost that must be paid by the defendant up front? If I can't afford it do I need to submit to a default judgment? Is this a case I have any chance of winning if I didn't file the Request for Production of Documents, though I have made no admissions? I'm feeling super intimidated by the arbitration fee, and also the rumors of arbitrators ruling in favor of Plaintiff's as favors. I've already paid a $150 filing fee for the Answer and would expect a similar filing fee for the Request for Production of Documents if I end up filing it. Are all my court costs covered by me if the case is dismissed? Are any filing fees associated with my Answer and Defendant's Request for Production of Documents reimbursed by Plaintiff, and the huge Arbitration fee, reimbursed? If I lose, am I then liable for the alleged debt AND all associated court costs? I'm horrified at the thought of losing and being responsible for all these costs, especially when the Plaintiff can't even provide any proof that the alleged account belongs to me. Also, from what I've read on Google, the Statute of Limitations in California is four years and the Statute of Limitations in Oregon is six years. Out of curiousity, which SOL applies? Oregon, where filed, or California, where contract originated and where defendant currently resides? Thanks in advance for any assistance! Such a bummer to get stressed about a court case in late pregnancy.
  14. 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 by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence None 9. What state and county do you live in? Broward County Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nov 2009 11. What is the SOL on the debt? 4 or 5 years. 12. What is the status of your case? Suit served? Motions filed? "RETAINED" 13. Have you disputed the debt with the credit bureaus No 14. Did you request debt validation before the suit was filed? 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 Calendar days. No questionary. " A Lawsuit has been filed against you. You have 20 calendar days after this summons served on you to file a writen rsponse to the attached Complaint in the court. A phone call will not protect you; your written response, includind the above case number and named parties, must be filled if you want the Court to hear your case. If you do not file your respose on time you may loose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are no legal requirements. If you chose to file a writen response yourself, at the same time you file your written response to the Court located at: Clerk of the Court Broward County Courthouse Etc.. You must also mail or take a carbon copy ar photocopy of your written response to the Plaintiff attorney named below. Attorney ..... ...... Pollack & Rosen ........... Fl 33134 Etc.. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? No Contract 3 pages of Summons 1 Page Chase Statement from July 2010 1 general bill of sale from Main Street adquisition Corp to Midland Funding LLC Complaint Paintiff, Midland Funding LLC Sue (me) and alleges: 1.- This is an action or damages that is within this cout jurisdictional limitations. 2.- Plaintiff is a limited liability company authorized to do bussiness in Florida. 3.- Defendant (me), is an individual, is sui juris, and resident of Broward County Fl. 4.- The defendant entered in to a credit agreement with Chase Bank USA NA for an extension of credit. 5.- The credit acount number with chase bank was XXXXXXXXXXX 6.- The Plaintiff is the owner and holder of the debt pursuant to an assingment agreement from the original creditor, CHASE BANK 7.- That all conditions precedent to the bringing of this action have been met or waived. 8.- Defendant caused various charges to be made through the use of said card. Count I (BREACH OF CONTRACT) Plaintif realleges all the allegations set forth in parragraph 1 - 8 above 9.- The defendant breached the agreement referred to in paragraph 4 by failing to pay the sums of money due in accordance with the terms and conditions of the contract. 10.- The defendant owes Plaintiff the principal sum of (Almost $60000) plus interest and cost of a result of the defendant's failure to abide by the terms and conditions of the credit agreement enterd between the original creditor and the defendant. 11.- Demand for payment has been made 12.- Plaintiff performed under the credit agreement by financing the purchase of goods and services by the defendant. 13.- Defendant perfomed by making payments toward the purchase of goods and services by the defendant on the aforementioned credit card. WHEREFORE, plaitiff demands judgement for damages for ($6.000.00) aginst the defendant, (me), plus interest, costs and disbursement in the institution of this suit, and any other relief which this Court deems just and proper. COUNT II (UNJUST ENRICHEMENT) Plaintiff realleges all allegations set forth in paragraph 1-3 and 5-8 above. 14.- The defendant recieved a financaial benefit, witch was in fact appreciated by the defendant. 15.- The defendant accepted the financial benefit 16.- By virtue of circustaces surrounding the use of the credit card, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily the benefit bestowed. 17.- It would be inequitable for this court to allow the defendant to retain the benefits or to be unjustly enriched at the expense of the Plaintiff or allow the defendant to retain the value of the funds in issue without repaying the pailtiff the value of the same. 18.- The Plaintiff has no adequate remedy at law if the relief sought is not afforded WEREFORE, Plaitiff demands judgement for damages of ($6000.00) aginst the defendant (me), plus interest, cost and disbursments in the intitution of this suit and any other relief witch this court deems just and poper. NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILLING COMES NOW, MIDLAND FUNDING LLC, Plaintif in this cause and notifies the court and all interested parties of the filling of confidential information in the court file pursuant to Florida Rule of Judical Admin 2.420(d)(2): Social security Bank Account, charge, debit, and credit card numbers in court records, 119.0714 XXXXX fla stat.
  15. 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 all I received. I've never received any letters from Midland or Zakheim, and the reason is they've been sending everything to an address I haven't lived at in almost 10 years ( Zakheim representative admitted this over the phone) . I found this out when I called them to discuss a piece of evidence they listed as "exhibit A". I didn't admit to anything over the phone, it was just purely to clarify what they meant on the complaint. It also turns out that they originally filed the suit in 2009. Why it took them long for them to serve me is baffling since I've always changed my address in accordance to FL state law. ...it's not like I moved out of state or turned the lights off and hid when they tried to serve me I moved maybe 12 miles away from the address they had on file. After I was served at my current home, then then sent me a letter in a attempt to negotiate and pay the debt prior to pretrial. This is the first actual letter I've ever received , not including the lawsuit summons. I was originally thinking to myself when I received the summons " this debt is clearly outside the FL SOL" (8 plus years) Once I found out the case was file in 2009 I found out it was only 8 months past the FL SOL. I based this off an old credit report I printed up two years ago for a home loan approval that had the date of last activity as 3/2004. They filed the suit on 11/2009. Are there exceptions to the SOL in my case since it's so close to the FL. SOL? Is my credit report proper evidence to prove SOL? Can I send a DV letter now since this is the first notice I've actually received? I feel it may be to late since the pretrial is now less than 30 days away Also I found that in 2011 the State of Minnesota file a suit against Midland for using "robo-signed" affidavits. I found one article that actually took testimony from the same women who signed my affidavit admitting to signing affidavits without knowledge. The article also stated that Elizabeth Neu (Affiant) is no longer an employee with Midland funding. http://www.startribune.com/business/118777379.html?refer=y Here is another link to a Press Release from the Minnesota Attorney Generals Office pertaining to the case and its outcome in 2011 Are these fraudulent affidavits a violation of the FDCPA and do I have grounds for a counterclaim? If I don't have a legitimate counterclaim.. Is there something I can due to get this case dismissed based on the evidence I have prior to pretrial? Should I tell the attorney representing Midland about my findings in attempt to have them dismiss the case? I would like an attorney, but I don't think it would be cost effective unless I have grounds for a counterclaim where the attorney can reclaim his fees from a judgment in my favor. Based on what I've discovered so far I don't feel they have the grounds for a suit and I shouldn't be held liable for any costs. Any advise on my situation would be greatly appreciated. Thanks RRPBFL Brevard County, FL
  16. 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 more that went Providian sold to WAMU, sold to Chase, Not sure of trail here, now at Midland Funding. I am arguing hearsay and standing on all of them. From research I have found that when WAMU was bought via FDIC by Chase, there pretty much were no lists of accounts so no true bill of sale per accounts ( at least not for mortgages, so I can not imagine if they did not list $200,000 home loans I am pretty sure they did not list $3000 unsecured credit accounts). I moved to Pennsylvania recently. I made court and Jerold Kaplan law firm aware we were moving months ago and have filed proper docs with court (They actually filed against me after I informed them I was moving). Round Trip Airfare and car rental to Phoenix is going to cost me around $350 to $500 depending on deals. Kaplan of course has threatened everything under the sun and moon and tells me they will require me to show. ( I know they can not and judge already told me I could appear telephonically at pre-trial) and in same breath they might have Midland drop case and refile in PA. I want to show and I want to pummel them, but they filed to dismiss case at last minute last time ( I would have shown, but it was interfering with our moving dates and that allowed me to get cross country trip started earlier). If I buy tickets and rent car before hand they will dismiss and I will end up spending all that for nothing. If I object and show up can I get the judge to rule in my favor with prejudice to keep them from refiling in PA again (still inside SOL). Can I make them pay my travel costs? Question 2: My ruined credit report. For these 4 accounts: I currently have 4 negative line items for Chase, 5 account lines for Midland (one is listed twice with slightly different numbers), 2 line items for Hilco and 4 collection listings for Midland. All total these 4 accounts are showing as 15 negative items on credit report. I am in process of disputes now getting more and more threatening as we go. Can I sue them to remove the lines using the same hearsay and standing arguments in court? There is no way they have any docs to support these accounts as Providian is now gone like 7 years and WAMU really had no sale docs to Chase, let alone all the steps in between. I have disputed, followed up and I am now demanding proof or removal from credit bureau or lawsuit. Can I sue them for the $1000 per incident violation amounts listed in FCRA Sect 602 through 616. I think that the threat of this will get everything removed, however, if they choose to fight, winning is nice, but getting paid for the myriad of time allotted would also be nice.
  17. 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 state? I believe so 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? Minnesota 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2008 11. What is the SOL on the debt? To find out: If Miinnesota applies, 6 years, if Chase in Delaware 3 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. Nope 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? Sept 6th 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None Does that SOL apply and is that the only defense that I put in the answer? (I read about "Lack of Standing", but then it has to be proven?) Thanks so kindly for any help/suggestions, I really appreciate it!
  18. 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 from Equable, Midland did not show the Chain of Title from original debtor WAMU/Chase to Equable then to Midland...this alone should have been a red flag to Judge as it gives Midland no reason to sue. As I was sitting outside the court room several people were filing in mostly poor and most of them were Midland Funding Lawsuits. The clerke directed them to speak with Attorney Jim Boscia of Boscia, Bowman and Vician a Lawfirm out of Merrilville IN. I am in Elkhart County Merrilville is 100 miles to the west...but I digress...the point I am trying to make is this Clerk called the Attorney by first name JIM and they were on friendly terms....my gut dropped to my feet....I am screwed. When it was time to go in...I gathered all my papers and went to sit down. In comes the scumbag JIM with his lap top followed by several misguided obviously scared and very unprepared defendants. In comes Judge Lewis, we all RISE and clerk calls 1st case. JIM goes to stand in front of Judge with laptop in hand...opens lap top...he smiles at clerk(she remarked earlier that if she keeps things in the order she has planned he owes her a BLIZZARD from DQ down the street..REALLY???) I knew then I was in trouble. Anyhow the first case is open and shut the defendant was Hispanic, required his grand daughter to interpret, he kept his head down obviously shamed by this event. No rebutal on their part. Judge awards judgement without looking up at defendant. Down goes the gavel and I begin to get real nervous. A couple more cases go by all of them open and shut...gavel down....instant MSJ awarded. My turn...I walk to the Judge and open my little book with my well detailed notes...the Judge reads the orginal summons, then my request for DV, then my request to Strike Affidavit of Debt and request for Dismissal. Judge has my well written request to Strike Affidavit....I said to himthat this Affivadavit was flimsy at best. He remarked why do you say that. I remarked b/c the said Affiant for one is not present in court ..he states she is not been subpoened I nod I know this youir Honor...but this Affivadavit is Hearsay b/c she states that I as defendant owe Midland 9923.74 . She also stated that Midland acquired this debt from Equable Ascent but did not show a bill of sale. I asked the Judge how can hearsay be used as evidence? How do I know that another debt buyer does not say they own the same debt and next month will ask me for the same 9k? He barely looked at me and said the request to strike is denied. I stood there shocked and I began to tear up a bit. I quoted a Federal Rule of Evidence 106 requires that I be shown all the documents related to bill of sale. Judge quickly stated Miss DeBartolo this is an Indiana Court. I replied Does the Federal Rule not apply to all states...he snarked No it does not. Then scumbag JIM proceeded to talk...all a bunch of marlarky if you ask me...about how no one likes debt buyers(NO kidding) and that Midland has had it's fair amount of lawsuits(I can see why they are crooks). He goes on to state that Affidavits are always going to be questioned as hearsay just because they are a persons best recollection of the facts as they are known or some babbling BS. By then I was looking like the rest of the poor souls that left the court room. It was OBVIOUS JUDGE was a Creditor FRIENDLY Judge and all us debtors are deadbeats looking for entitlements or what ever. Needles to say...I knew if I appealed...I would not win in this CONSERVATIVE ELKHART INDIANA Judicial system...so I agreed with scumbag JIM on a payment plan of 300/month. I spoke with my debt settlement company about it....they are going to suspend my payments to them and finish settling my other accounts with the capital i have acquired with them. Any suggestions on how to proceed or am I just screwed? Diane from Indiana
  19. 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.
  20. 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 time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx 3 years 10. What is the SOL on the debt? 4 years per California law. 11. Have you disputed the debt with the credit bureaus No 12. I did not request debt validation before the suit was filed? Complaints for: 1) Accounts stated Nothing attached This is the summary of what I have done so far: Answer the summon within the time Sent request POD to Plaintiff Completed and filed Case management statement Respond to plaintiff POD, RFA, Special interrogatoties Today, I receive response to my POD. It has a few statement. Bill of sale with no account information. They also object every requests. It is exactly 35 days. My first case conference is on August 10. I would like to know what I need to do next. Thank you all
  21. 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 came a-knocking. I was served and so began the wonderful, stressful trial process. After going back and forth, the only evidence (if you can call it that) they provided was some statements, a piece of paper saying they bought some accounts and a card member agreement form (not a contract mind you, just a form). I responded as I should (Ahahahahaha) and they dismissed without prejudice. Here's where I am now: I went out to my mailbox and, lo and behold, they've sent me a dunning letter for the same account, this time with Court fees already added onto it (how nice of them). It's a typical dunning letter: attempting to collect a debt, send us money, you have 30 days, yadda yadda and it's from the same offices that attempted to sue me before (LRLO). I'm being smart this time and sending a DV right away with certification. My questions are: should I send anything more? What should I expect moving forward? Are they really going to try and sue again? I'm hoping that after the DV they'll just let it go, realizing, "Hey, we tried this before and it didn't really work." Thanks again, guys and gals!
  22. 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!
  23. I received a summons and complaint, with Midland Funding as the plaintiff. Am I right in reading the complaint that the plaintiff has failed to properly state a cause of action? Below is the complaint. I'm in Wash. state. Comes now the plaintiff for cause of action against defendants and complains and alleges as follows: I Plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action. II The defendant is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resides in XXX County, State. III That at all times material, defendant has been the obligor of a certain credit account bearing number (only has last four of an account number) which as been assigned to plaintiff. IV By the use of said credit account, defendant became indebted on said account for goods, services, and monies loaned in the stated amount, the unpaid balance XXXXX which is fully due and owing to plaintiff, together with such greater sum as may be proved at the time of trial, together with interest thereon at the highest legal rate. V. Plaintiff may be entitled to attorney’s fees either by contract or statue. Plaintiff requests an award of attorney’s fees, as determined by the court. We are debt collectors, this is an attempt to collect a debt and any information obtained will be used for that purpose. WHEREFORE, plaintiff prays for judgment against defendant for the sum of XXXX, together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff’s attorney’s fees; that such judgment shall bear interest at the highest legal rate after entry; and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable. Thanks for any feedback.
  24. Hey guys I hope you can help me. I have been dealing with MF for about 2 months now. The debt they are trying to collect on is out of the SOL for the state of Utah. The date of last default on my account is 5/2008 I have bank records that prove this (it was Washington Mutual at the time.) I sent a FOAD letter to midland explaining that this debt was time barred. They answered with a summons at my door and I am now being sued. MF is using J&M LLC without linking the entire summons here is a copy of the complaint. Complaint: Case no. Blank Judge: Blank Claims: 1. Defendant resides in this county and/or signed the contract giving ride to this action in this county. Jurisdiction and venue are proper in this court. 2. Defendant entered into a contract with CHASE BANK USA, N.A. opening an account ending in xxxxxxxxxxxx7820, which contract was subsequently assigned to plaintiff. 3. Defendant has defaulted on the obligation under the contract. 4. The amount charged off on the account was 3,220.23. There is now due and owing to the plaintiff the amount of $3220.23 plus accrued interest of $1189.28 as of October 10, 2012, at the rate of 10.00% per annum less any payments made. In addition, plaintiff is entitled to recover interest from October 10, 2012, until the date all amounts due are paid. 5. Further, equity requires defendant to pay the value of the benefits received. Demand: Plaintiff requests judgment as follows: A. For Damages in the amount of 3,220.23 plus accrued interest of $1189.28 as of October 10, 2012 at the rate of 10.00% per annum less any payments made; B. For additional interest from October 10th 2012 until amounts dues are paid at the rate of 10.00% per annum; C. For Costs of court both pre-judgment and post judgment; and D. any other relief as the court deems just and equitable. HELP!?! I have started to read everything I can on this forum. thanks guys.
  25. Hi guys, I have just been served 6 days ago from Midland Funding via local attorneys in Louisiana about an alledged account I had with a Bank for about $X,XXX.XX. And the citations states I need to answer in 10 Days! I have done alot of researching on the internet and this site has educated me the most. First I consulted with a lawyer and he stated, he has fought guys like Midland alot but his legal fees are too much. I tried to get a pro bono lawyer through a pro bono program but they have not responded. Time is not on my side right now. So I have decided (with the help of this site) I will FIGHT THIS ON MY OWN! First action is Answering. ...posting more info soon.