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Found 183 results

  1. Informative read for anyone arguing against Midland's or any other JDB's affidavits, or is a member of the class affected by this proposed settlement. 32 state attorneys general filed on April 16, 2014, an amicus curiae brief objecting to the revised proposed class settlement for Midland's use of "robo-signed" affidavits in Vassalle et. al v Midland Funding LLC, 708 F.3d 747, 760 (6th Cir. 2013). [You may recognize this as Class Settlement Agreement, Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961 (N.D. Ohio 2009)] http://www.michiganconsumerlaw.com/ags-vassalle.pdf "The Attorneys General of Illinois, Alaska, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, New York, New Jersey, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Vermont, Washington, and West Virginia (“Attorneys General”) urge this Court to reject the revised proposed class settlement, which is a thinly veiled attempt to revive the original settlement, which was rejected by the Sixth Circuit. Like the original proposal, the revised settlement provides no meaningful value to unnamed class members, and, in fact, it leaves them in a significantly worse position. In exchange for approximately $10 each, class members lose their right to pursue valuable claims under state and federal law. While class members technically may challenge Midland’s “robo-signed” affidavits, they lose the statutory right to attorney fees that makes it possible for them to do so. Worse still, the form affidavits approved by the Special Master, which are central to the relief provided under the revised settlement, are based on a misunderstanding of Defendants’ business practices and would authorize affidavits that violate both the Federal Rules of Evidence and the laws of multiple States. The revised proposed settlement therefore is not in the public interest and should be rejected." Objections to Revised Settlement filed by the class action objectors' attorneys:http://www.michiganconsumerlaw.com/Objections-Final.pdf"The parties have attempted to ameliorate the first of these deficits by permitting individual class members to challenge the default judgments taken against them. But as set forth in section I above, while the parties have provided this remedy, they have also impaired the ability of class members to take advantage of that remedy by stripping their ability to use fee shifting statutes to find counsel, denying them access to necessary evidence, and removing their ability to move collective to set aside these judgments. In reality, they provided a remedy, but so severely crippled it as to render it empty."
  2. Sued by: Midland Funding via Target Amount: $5617.36 (charged off with Target at $3500.00) Current state: Arizona I was summoned yesterday and was told that my husband would have to appear in court also (unless he's active duty military). He used to be military and now works as a contractor overseas and I only see him 4 times a year for 1 month at a time. What's going to happen? He's NOT able to come home unless it's within his approved days. This debt was charged off before we married. Does that make a difference? Update: Searching through, I've figured out this answer. It doesn't matter when the debt happened, the state is going after both of us. Also, I'm looking into the Discovery Process. From what I understand, it's asking them to produce documentation that they own the debt. I've heard they rarely have all the needed paperwork and the case gets dropped. Do I ask for this in my answer letter or is that separate? In the event of the case getting dropped... does that mean that the lawsuit is over and I no longer have to pay or just that the lawsuit is dropped? With my husband working overseas, paying this off was our goal come December. I'm not looking to get out of the defaulted loan - just the lawsuit. Thanks in advance!
  3. Hi, I beat the MSJ and was sent these Interrogatories to answer. Need help with answering. Also, I would like to send them some of my own for discovery. Can anyone assist? STATE OF INDIANA ) IN THE MADISON CIRCUIT COURT DIVISION 5 ) SS: COUNTY OF MADISON ) CAUSE NO. MIDLAND FUNDING LLC AS SUCCESSOR ) IN INTEREST TO URBAN TRUST BANK AS ) ISSUER OF SALUTE VISA GOLD, ) Plaintiff, ) ) vs. ) XXXXXX, ) Defendant. ) PLAINTIFF’S WRITTEN INTERROGATORIES TO DEFENDANT Pursuant to Indiana Trial Rule 33, Plaintiff, Midland Funding LLC as successor in interest to Urban Trust Bank as issuer of Salute Visa Gold (“Midland”), serves upon the defendant, C and requests that C within thirty (30) days of the date indicated on the Certificate of Service, (i) respond in writing to the following Interrogatories, and (ii) provide such responses to the offices of Bowman, Heintz, Boscia & Vician, P.C., 8605 Broadway, Merrillville, IN 46410. Instructions for Answering 1. Where an interrogatory calls for an answer in more than one part, the parts should be separated in the answer so that they are clearly understandable. 2. The words “you,” “your,” “Defendant,” etc. refer to the defendant in this cause of action, C. 3. You are reminded that all answers must be made separately and fully and that an incomplete or evasive answer is a failure to answer. 4. You are under a continuing duty seasonably to supplement your responses and/or and prior responses pursuant to Indiana Trial Rule 26(E). INTERROGATORIES 1. XXX’s “Sworn Denial on Account” states, “This is not a valid debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 2. If your answer to Interrogatory No. 1 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 3. XXX’s “Sworn Denial on Account” states, “This is not my debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 4. If your answer to Interrogatory No. 3 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 5. XXXl’s “Sworn Denial on Account” states, “I did not sign a contract to be responsible for this debt.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 6. If your answer to Interrogatory No. 5 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 7. XXXX’s “Sworn Denial on Account” states, “I did not sign a contract with this plaintiff.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 8. If your answer to Interrogatory No. 7 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 9. XXXX’s “Sworn Denial on Account” states, “If I am responsible for this debt, the amount sued for is incorrect.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 10. If your answer to Interrogatory No. 9 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 11. XXX “Sworn Denial on Account” states, “If I am responsible for this debt, it is barred by any applicable statute of limitations.” Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?” ANSWER: 12. If your answer to Interrogatory No. 11 is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, provide a detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information. ANSWER: 13. State your full name as well as any prior names you have used, your date of birth, your social security number, your marital status, and the name of your spouse. ANSWER: 14. (a) State your current residential address. ANSWER: ( State how long you have lived at your current residential address. ANSWER: © State all of your prior residential addresses from June 25, 2007 through the present. ANSWER: 15. (a) State your current mailing address. ANSWER: ( State how long you have received mailings at your current mailing address. ANSWER: © State all of your prior mailing addresses from June 25, 2007 through the present. ANSWER: 16. Have you received any bills, statements, or other correspondence from Urban Trust Bank or Salute Visa Gold concerning account number XXXXXXX? ANSWER: 17. If your answer to Interrogatory No. 14 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 18. Have you received any bills, statements, or other correspondence from Midland Funding LLC concerning account number XXXXXX? ANSWER: 19. If your answer to Interrogatory No. 18 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: (a) The approximate date the document was received. ANSWER: ( The amount of the statement and the amount, if any, that you have paid. ANSWER: © A brief description of the goods or services for which the bill or statement was submitted. ANSWER: 20. Did you ever dispute any matter concerning account number XXXX with Midland Funding LLC, Urban Trust Bank, Salute Visa Gold, or any other entity since June 1, 2007? ANSWER: 21. If your answer to Interrogatory No. 20 is anything other than an unqualified “No,” then for each and every such objection, please set forth the following information specifically and in detail: (a) Was the objection in writing? If so, please identify the writing by setting forth its date, title, and a summary of the contents. (You may, instead, attach a copy of the writing.) ANSWER: ( If the objection was not written, please state the date of the objection, the name of the person to whom the objection was made, the mode of communication (i.e., by telephone, in person, etc.), and the substance of the subject conversation. ANSWER: 22. Please state the following: (a) The name of each depository financial institution or bank with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Depository financial institution” is defined at I.C. § 28-9-2-6, and includes, but is not limited to commercial banks and credit unions. ANSWER: ( The account number for each deposit account, financial institution account or bank account with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008. “Deposit account” is defined at I.C. § 28-9-2-5, and includes, but is not limited to savings accounts and checking accounts. ANSWER: 23. Please state all of your employers, employers’ addresses, and terms of employment from June 1, 2007 through the present. ANSWER: 24. Have you asked for assistance from any persons concerning the nature of Plaintiff’s discovery requests or to prepare responses to Plaintiff’s discovery requests in this litigation? ANSWER: 25. If your answer to Interrogatory No. 24 is anything other than an unqualified “No,” please set forth the following information, specifically and in detail: The name, address, and telephone number of all responsive persons. ANSWER: 26. Describe your educational background and professional qualifications. Please include the names and addresses of all high schools, colleges, universities, post-graduate schools, and training programs that you have attended; the dates of graduation and the degrees or qualifications you receives; and any professional licenses or certifications that you hold or have held. ANSWER: 27. State the names and addresses of all persons that you propose to call as a witness to testify at the trial in this litigation. ANSWER: 28. Please provide a detailed description of all documents and/or other evidence that you propose to introduce at the trial in this litigation. ANSWER:
  4. I have just been sued by Midland in GA and just filed my answer last week. Is there anything I should do before the court date? Should I send Midland a discovery letter before the court date is sent? I will also likr to know if there is any violation from Midland with the way I was served. The lawsuit was left at my door by the service company. Is this right? Can someone also refer me to an affordable or pro bono lawyer. Any help and information will be appreciated. Thanks.
  5. I was served on Friday. I'm not sure what the best way to proceed is. 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.) Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $21XX 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 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) Sheriff a served the docs. 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? PA, Northampton County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2012 11. What is the SOL on the debt? To find out: 6 years? 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit was served Friday 05/09/14, response required within 20 days. 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? 20 Days, docs attached. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, Account Statement, Complaint ....... I've attached the docs that were delivered to me. Hopefully I've successfully taken out all of my personal info. How do I best answer each of the points on from the 'Complaint' sheet? According to the docs I have 20 days to file a response to the court. I would consider settling in order to put this matter to rest. When would be the best time to settle? Should I contact Midland or their Attorney? Should I hire an attorney to help? Thank you in advance for any help that you can provide.
  6. Hello all. First off; I just want to say that what you people do here is really great. Thank you. I am being sued by Midland Funding. I answered the complaint. Now they have sent me a "request for admissions" and "interrogatories". So much information out there- even on this site. Thought that since my case was unique, I would post questions and see if I could get some help. I do not remember this alleged debt, and am positive it did not occur within the last 5 years. In my response to the complaint, I denied everything (except that I was a legal entity). At the end of the answer I listed affirmative defenses as "failure to state a claim", "lack of legal capacity", and stated that "Based on the lack of information provided by plaintiff concerning alleged debt, defendant cannot properly respond with affirmative defenses at this time. If allowed by the court, the defendant reserves the right to use future affirmative defenses, if applicable; such as Statute of limitations or others that may be applicable when or if proper documentation is provided by Plaintiff". Now for Midlands Request for Admissions: (In the first paragraph they state I have 30 days to provide written responses, or the facts, the truth of which is requested, shall be deemed admitted) Request 1: Plaintiff is a banking association existing under the laws of the United States. (same as in complaint-I agreed to this in my answer by mistake) Request 2: Defendant is a resident of Gage County, Neb. Request 3: That Defendant entered into a contract under the terms of which a credit card was issued to Defendant by Plaintiff and that Defendant was extended credit by plaintiff's assignor CitiFinancial, inc. Request 4: That defendant did purchase goods and/or services on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 5: That defendant did obtain cash advances on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 6: That there is a balance of $$$$$$, past due and owing to the Plaintiff, representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract. Request 7: That plaintiff is entitled to interest at the rate of 0% per annum, ($0 per deim). Request 8: That due demand has been made by the Plaintiff upon the Defendant more than 90 days prior to the Plaintiff's original complaint. Request 9: That the defendant is not a member of the armed forces of the United States or its Allies. Request 10: That the defendant has no affirmative defenses to Plaintiffs' complaint. Request 11: That defendant admits all allegations contained in Plaintiffs complaint. Then on a separate form was INTERROGATORIES (so do I respond "ANSWER TO INTERROGATORIES" and "ANSWER TO REQUEST" on separate documents?) INT No. 1: State your name Response: INT No 2: What is the address of your place of residence? Response: INT No 3: Please state the name and address of any and all financial institutions, banks, credit unions, or delayed deposit services utilized or patronized in the past five years by the Defendant, including, but not limited to institutions holding checking, savings, money market or certificate of deposit accounts or behalf of the defendant. Response: INT No 4: Did you make any payments to the Plaintiffs Assignor, CITIFINANCIAL? Response: INT No 5: If so, as to each payment state: -A. Date, B. amount, C. manner of payment, D. whether you have a receipt, E. will you attach a true copy of same to your answers herein without the necessity of a motion to produce? Response: INT No 6: If you deny owing the balance the plaintiff claims due from you in its complaint, please state: A: Basis of denial. B: The amount you admit owing to Plaintiff and the calculation you have used. Response: INT No 7: Did you respond to the negative to any part or portion of Plaintiff's request for admissions herein? If so, as to each negative response, set forth fully each and every fact on which you rely in support of your response based on your personal knowledge and experience the above matter and all records that you have material thereto. Response: Deadline is 30 days after service. Any help I would appreciate.
  7. I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you. Bellow is the copy of the affidavit Affidavit of indebtedness Kassy Schlichting, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf. 2. I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following: 3. MCM's records show that the defendant(s) owed a balance of $1198.04 as of 2014-03-05. 4. On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21. 6. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct. Date MAR 14 2014 signed by Kassy Schlichting STATE OF MINNESOTA COUNTY OF STEARNS signed and sworn to (or affirmed) before me MAR 14 2014 by Kassy Schlichting. Notary Republic signed it my commission expires Jan 31, 2018
  8. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx There is now due and owing to the pantiff the amount $1xxx.xx In addition, plantiff is entitled to recover interest from the date of judgement at legal rate 5) further equity requires defendent to pay the value of the benefits received DEMAND A damages to be paid in the amount of $1,xxx.xx less payments made B interest from the date of judgement at legal rate. C for costs of court both pre and post judgement D any other relief as the court deems equitable. That is all they sent. a cover letter with the court address and explination that i have 20 days to respond. I only have 3 days left,needing something out today. i do not have any records of this account to verify. my credit report does reflect a charge off from capital one, no amount given, opened in 2007 and last UPDATED in 2009. the last 4 digits on account are not listed so it does not confirm it is the account midland is referring to. no idea when last payment was, but my bank account records that i currently have don't show any paayment for at least 5 1/2 years. would have to really dig to go longer, but my assumption is if i had made a payment within 6 year mark, it is by a matter of possibly weeks, if not over the 6 years. Utah law is 4 years SOL on open-ended accounts which should include credit cards. utah code 78B-2-307 Some judges opt to validate the 6 year statute code 78B-2-309 citing that it is considered a written contract, and gets 6 years. there is other informarion that it shouldn't be a SOL of 6 years, but i have read all jdb in the state fight the 6 years and despite legal definitions by the state, judges often side with 6 years so it seems to be luck of the draw over letter of law. So my main concern in my general denial is wht to put in my affirmitive defenses? I know i am cleared for the 4 year, and is very possible i am even cleared for the 6 year, but it would take time i no longer have to find out for sure. Should I list SOL in my affirmative defenses now, or should i wait for discovery? Best template for response appreciated. if i wait for discovery, how should i word my response now to allow that to be brought up during discovery? Some say if you dont bring it up in your response, then you cant bring it up later.... Also, anything else you would list in affirmarive defences? Would love input ASAP as i have about 24 hours Thank you in advance! Only idea i have so far is the general denial to paragraph items 2-5
  9. As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'Sale of Debt after 1/1/14' and subject to California's new Fair Debt Buying Practices Act? Doesn't sound like it but I'm open to all remedies. -they requested that if i had filed an answer with the court that i should forward them to midland - I imagine I'm not obligated and its their problem to acquire any documents filed with the court that have been properly served to Asset? -back of letter has standard dunning 'Unless you noitify MCM within 30 days after receiving this notice that you dispute the validity of the debt, MCM will assume this debt to be valid. If you notify MCM, in writing....that the debt is disputed, MCM will obtain verification of debt or copy of judgement and mail you a copy - I know i normally wouldn't DV in an active lawsuit, but am i affording myself any extra options by doing it here? thanks
  10. Can anyone help me with objecting to plaintiff's initial disclosures? Specifically, the form of the document, basically is it just a doc titled response to plaintiffs initial disclosures, followed by my, objection(s) to their request. Also, they attached billing statements and a B.O.S. Should I be objecting to these as well basically challenging their admissibility as evidence? How would I phrase the objection?
  11. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!
  12. I am being sued by Midland in NY for credit card debt they claim they purchased from Chase.Since I originally applied for and got the card from Bank of America, who then sold the account to WAMU, who then sold it to Chase, is Chase now considered the orginial creditor according to NYS law? Does Midland have to establish this chain of ownership in order for its assignment from Chase to be valid? I confess I no longer have any of the old statements or paperwork from BOA or WAMU. I have found a case I think may establish a helpful precedent for me, Chase Bank v. Gergis. The facts of the case as well as the parties are similar to mine, but I think most importantly, a witness in the Gergis case named Martin Lavergne, a Chase employee has sworn an affidavit in my case to the effect that the account records and assignment are accurate because he has knowledge of how these records are kept and maintained in the regular course of business. In the Gergis case, the court found there was no foundation for that claim since some of the records were not collected or maintained by Chase, so Mr. Lavergne could not have had any knowledge of them. My question is whether I can cite this in my own case, or whether I have to establish all over again that Lavergne's assertion cannot be true. In the Gergis case he was produced as a witness. I'm just dealing with an affidavit. Does that matter? Also, the attorney for Midland claims that they do no have to produce the original credit card agreement. Is this true? Does anyone know where I can get a copy of the CPLR or McKinney's? I will have to proceed pro se. I'm flat broke and cannot afford a lawyer. Any help deeply appreciated! I'm completely at a loss as to the correct procedures.
  13. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 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.) Green & Cooper, LLP. 3. How much are you being sued for? 1,500 4. Who is the original creditor? ( if not the Plaintiff) CitiFinancial 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 12 6. How were you served? (Mail, In person, Notice on door) In person 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? Request for debt valitity but did not keep copies. Other than that none. 9. What state and county do you live in? GA, Cobb County 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 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). Statement of claim served Mar 12. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, only with JDB. 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. Yes, but stupid me didn't keep proof.
  14. NOTE: THIS IS LENGTHY, AND I'VE TRIED TO FIND ANSWERS TO THE ISSUES I'M FACING ON THIS FORUM TO NO AVAIL. PLEASE BEAR WITH ME! I PROMISE THIS WILL MAKE FOR GOOD READING Hello, I received a summons from Midland in December. Shortly after they filed the lawsuit, the notorious NJ DC law firm, I'll just call them "P", called me and told me if I set up a payment arrangement, the lawsuit would "go away." At the time, I agreed to the payment arrangement. A couple of days later, they sent me a letter, dated December 26, 2013, saying I had to sign and return the agreement BY MAIL no less, by December 29, 2013, or else they would "have to continue with collection efforts." Mind you this is only 4 DAYS from the time they MAILED IT, not from when I received it! When I got the notice, I decided not to sign it, because I had no idea what a consent judgment was at the time, and it that phrase didn't sound anything like the payment arrangement I thought I was agreeing to. I timely filed an answer with the court, and on the same day, hand delivered a copy to P a couple of days later. Someone suggested that I also mail a copy of everything to P just to make sure they got it. I did this, but a couple of weeks later (several weeks of bad weather). I should also note that I filed a FDCPA counterclaim based off of the payment arrangement/consent judgment, since they didn't tell me I was agreeing to a CJ on the phone, said that the payment arrangement would make the lawsuit go away, and tried to put me under "duress" by only allowing me a day or two to sign and return the CJ by mail. I also submitted a motion to allow discovery, since we are only limited to 5 interrogs, and submitted requests for admissions, the 5 dogs, and requests for documents. A couple of days after I dropped off the documents to P, I received a letter dated the same day I dropped everything off trying to confirm our "agreement" to the consent judgment. I wrote on the letter stating that I did not agree to a consent judgment, and sent a certified copy of this to them and to the court. Later in time, can't remember the date, they called me stating that they wanted to discuss my answer. I simply said I was advised not to speak to them and hung up. Mind you, I am going at this alone so far, thanks to this awesome forum and all of the extremely useful resources provided by Mr. Phil Stern's website. On February 14, P filed an answer to my counterclaim, denying the allegations - typical failure to state a claim, and also that the claim was frivolous. When what I assumed to be the deadline for discovery passed, February 20, 2014, I sent them a letter saying I hadn't received their responses to the interrogatories. However, I failed to state the 10 day rule - one of many mistakes I've made so far. I sent certified to court and to P. P responded by saying that they never received any docs I hand delivered, that they didn't get notice of any documents or answers or counterclaims (by mail) until February 12, that they only received notice from JEFIS on February 10, so they had until March 14 to respond to discovery. However, they submitted answers to my RFA's and of course objected most claiming I didn't define certain terms so they refused to answer. They also stated they were objecting my motion for discovery and advised me that the motion was premature because discovery hadn't closed yet. I did not receive any responses to my discovery request by March 14, even though this is the date they themselves decided was appropriate. I didn't receive anything yesterday either! CAN I DO SOMETHING WITH THIS FACT? So I am confused - how do they object my motion to permit discovery, yet submit answers to my RFA's? The judge was supposed to rule on this motion on the 14th. The docket has not been updated yet. On Thursday, I received a pretty thick packet from P and P. It was their own requests for discovery. They also submitted 35 interrogatories and 39 requests for admissions! Since they opposed my motion to permit discovery, are they allowed to turn around and do this? Do I have to answer them even though I submitted the motion to permit? Also, if I have 30 days to respond, and trial is set for April 17, should I wait until the last possible day to respond? I received this packet from them on Thursday, March 13, 2014. P also included ANOTHER answer to my counter claim in this packet. They used the same defense and time barred???? I am not sure what they were referring to or what they meant, they didn't cite any law/rule. I thought you had a year to file an FDCPA claim. They also requested dismissal, and opposed my motion for summary judgment, claiming that it was premature because discovery was not over, and that I had not asserted a factual basis that allows me relief. My other mistake was submitting the court forms for the msj, but I did not attach a statement stating why it should be granted. However, after receiving the requests for admissions, and nothing else, I wrote them a letter defending a discovery end date of February 20, 2014, and told them that claiming they didn't get the paperwork would not relieve them of this deadline. I don't know how I will be able to prove this, but I went ahead and filed a motion to dismiss for failure to answer discovery. I also asserted they should not be allowed to use stalling tactics to gather documents that they should have had together before they filed the lawsuit. I asked the judge to rule that the close date was Feb. 20, and dismiss because they had not complied. Another mistake - I didn't explicitly say they had 10 days when I sent the reminder, so I'm not sure if the reminder will be enough to back this up. Miscellanous facts, I have seen "signatures" from 4 different attorneys on this claim. One filed the lawsuit, tried to get me to agree to consent judgment, one filed the answer to my counterclaim, and now this douche bag I've been corresponding with here lately. The RFA's they sent included reference to certain exhibits for me to confirm or use to answer my questions. The exhibits included two affidavits from Debt Collectors about an assignment of accounts - chain of title docs; a bill of sale for each subsequent assignment, and one exhibit in the first assignment sequence, labeled a statement of accounts, but all of the info was blacked out. Also, in the second assignment, the bill of sale made specific references to certain portfolios, but these were black out as well. lastly, they attached a credit card statement from June 2011, but it doesn't appear to be the last bill they sent on the account. there aren't even any late fees on it for that billing period!!! It actually looks a little shady and I would be interested to know what an actual last periodic billing statement looks like. is there a certain format or certain information that a last billing statement must include? So, now that I've walked you through the lengthy details of where I am so far, I am at a loss as to what I should do next! PLEASE HELP!!!!! Is it too late to amend my MSJ? Or even my counterclaim? Can I file another motion to dismiss for failing to answer rogs? Can I use the exhibits they attached to the RFA's against them to argue that they have no evidence that they own the account? Can I file a motion to strike the affidavits, even though I am not sure they have even handed them to the court yet? Do I have grounds to attack these? I saw someone make reference to this before but didn't find an answer, why would Midland make an inquiry to the credit bureau a couple of weeks before filing a lawsuit against me? Are they allowed to do this? Also, I have a question I would like to ask someone off forum, so if someone would please allow me to pm them, I'd be grateful! Additional Info: The case is in NJ. Special Civil Part. Breach of Contract. Less than $2,500 cc account Within SOL. - 6 years Did not send DVR before lawsuit. Can't remember any correspondences pre-lawsuit. Not saying it didn't happen lol! This debt has been disputed with the credit bureaus. Can't remember last payment. The bill they sent is from May 2011. They made reference to a payment I made in 2010. Currently awaiting trial with no jury, 4/17.
  15. is this really effective? http://creditboards.com/forums/index.php?showtopic=495942 i see a lot of similar violations on my CR
  16. I was looking to see what legal requirements were necessary for a Bill of Sale to be binding. It took a bit of digging, but I found this from O.S. 12A Uniform Commercial Code if I am reading this right, this supports the argument that a Bill of Sale must specifically identify the "rights" being transferred. That any Bill of Sale lacking such information is in fact invalid. Is this correct? §12A-1-9-619. Transfer of record or legal title.TRANSFER OF RECORD OR LEGAL TITLE (a) In this section, “transfer statement” means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) the name and mailing address of the secured party, debtor, and transferee. ( A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) accept the transfer statement; (2) promptly amend its records to reflect the transfer; and (3) if applicable, issue a new appropriate certificate of title in the name of the transferee. © A transfer of the record or legal title to collateral to a secured party under subsection ( of this section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article. Added by Laws 2000, c. 371, § 126, eff. July 1, 2001.
  17. Hi there, I am new here, but, know from reading the posts on this forum, that I am in the right place to get the help I need. I am so very impressed by the extensive knowledge of the members on legal issues. After many sleepless nights, you have given me hope that I can get through this situation. Here's my issue: I am being sued by a JDB (Asset Acceptance & Midland) in the NJ Special Civil Part Court, with trial date a week and a half away. First, I made sure to answer the complaint by the Court's deadline. Then, I received and answered interrogatories. I then sent Request for Admissions and Request for Production. In the meantime, Plaintiff's attorney left me two messages trying to settle the case, which I do not want to do. In response to my request for Discovery, I received a brief note stating that Plaintiff will not be responding to Defendant's Discovery Requests, as they are not in compliance with the NJ court Rules. What exactly are the deadlines and time frames for Rules of Discovery in NJ Special Civil Part Court? I made sure to find out the appropriate way to request Discovery and thought I had done it properly. Unless there is some procedural error that I don't know about, I'm unclear as to why I am not in compliance with the rules of Discovery. The only thing I can think of is that maybe I missed the deadline, as I have many health problems and am also trying to take care of my son, who also has multiple health problems and has been in the hospital. Now, I just don't know what to do next. I have done my best to try to handle this myself, as I have many health issues and am on permanent disability, which is my only income. The stress this is causing has caused my health to decline even further. I know that I may need an attorney, at this point to unravel this situation, but, because of my financial situation, don't know if this will be possible. This is quite frustrating because I know my rights and I know that this JDB is not entitled to a penny, let alone entitled to even set foot in the courtroom. It's just so frustrating. Any help or suggestions would be so very much appreciated. Many thanks to all for your time and assistance. .
  18. In March of 2013 I had received a letter from Midland MCM for an alleged debt. I in turn sent a certified debt validation letter to said company. A few days later I got a letter back from MCM stating that based on the information they would remove all MCM activity from all three major credit reporting agencies. Also they Never provided any debt validation. I looked at my report and they looked at my report in December of 2013 for "collection" reasons. I am wondering how they can still do that after the letter they sent me and also not giving me debt validation as well per the 30 days on my letter. I assumed after they stated they would no longer be reporting on my credit , why are they still hard hitting it?
  19. I am preparing to head to court today in response to a lawsuit filed against me by Midland Funding. I have read a number of postings here and at other places, but of course, this is the first time for me going into court to face a JDB, so very nervous. Before the court date, I filed with the court my Answers to the JDB. Following the advice I found, I never admitted to anything at all. The only thing I admitted to was the address they had for me was correct. I will be in court and I know never to admit to anything and to challenge everything they say. I understand also not to sign anything they the JDB says I need to in order to talk with them. What should I bring with me? Discovery request? Or am I waiting for a trial date to be set? Thanks for any help, it is a scary time.
  20. I received a letter from Midland Credit Management today concerning a JCPenney credit card account I stopped paying after I lost my job in 2010. The balance on the account is more than $7,000, including Midland's fees. Last summer I sent a letter to Midland asking them to provide verification of the debt after I saw the account on my credit reports. It took seven months to receive their reply which included a copy of an old statement from 2010 showing when the account was charged off with a balance less than $6,000. I no longer have a copy of my credit card agreement. I also don't recall if the card was originally issued by MCCBG or GE Money Bank. (I'm not sure if this matters). The GE Money Bank agreements I found online for 2012 and 2013 state they're governed by Utah state law. I couldn't find an old agreement online for MCCBG. I'd like to know what my next step should be. Should I write back to Midland to say the information they sent wasn't sufficient? Are there any specific documents I should request? The last thing I want is for this to turn into a lawsuit. However, I have no way of paying even half the amount they are demanding. Moreover, if Utah is the governing state, the statute of limitations is six years. This leaves more than two years on the meter. Argh! Any help would be appreciated. Thank you.
  21. Here we go. Today I had my Notice of Appeal served on plaintiff and filed with the court. I thought I would start this thread to help other california appellants (as well as gather advice for myself). My thread Motion to Compel Granted details further into the case and the trial itself, but here's a little background: I was sued by midland funding llc in california about a year and a half ago. The cause of action was account stated, for a chase credit card allegedly defaulted on and sold a year or so before lawsuit. I filed/had friend serve a general denial, along with a POS, as the complaint was not verified, and was a limited civil complaint. I entered one affirmative defense, offering that plaintiff lacked legal capacity (standing) to sue. I beat midland to the discovery punch and filed a Request for Production of Documents. They fumbled the response, and missed the deadline. I sent a few meet and confer letters before filing a motion to compel further documents. I won the motion, plaintiff stumbled to comply. I sent more meet and confers, then another motion for compliance and terminating sanctions. Judge granted order to produce forward flow, but denied terminating sanctions. Different lawyer (not rent a lawyer) began handling case for plaintiff. Plaintiff failed to produce forward flow. Come trial month, I sent a CCP96 request. Plaintiff responded, listing a witness "PErson most KNowledgable". I filed MIL and declaration in support based on non-compliance with ccp96 (witnesses must be listed by name and address). Plaintiff sent a second CCP96 statement (not permittedby code) listing witness by name and address. I filed a Motion in Limine and Trial Brief objecting to the entrance of the witness under ccp97. At trial, judge denied my MIL. Plaintiff showed up with witness. Plaintiff called witness, I objected citing CCP 96/97. Overruled. Witness testfied that she had personal knowledge of my alleged account, even citing the balance to the penny off the top of her head. I cross examined witness thoroughly, demonstrating that she had no personal knowledge of chase business records,and hence could not authenticate records coming from chase under the business records exemption to hearsay. Judge overruled my motion to strike witness, allowed witness to authenticate bill of sale, ect. I objected to each peice of evidence as it was introduced, leading down my list of objections, code and case law. Each objection overruled. Plaintiff put me on stand, got chase statements admitted based on 3 address matches that I lived at/statements were sent to. Plaintiff moved for judgement, and won. Before proceeding with the appeal information, I thought I would mention what I would do differently if I could: 1) send Request for Admissions. If plaintiff had failed to meet deadline on this along with/instead of RFP, I could have perhaps won that way. 2) Perhaps not file second motion for compliance. Asking for sanctions and attempting to hammer plaintiff seemed to have alerted them, and they switched a more competent lawyer onto the case. I bad mouthed plaintiff a bit in the motion, basically calling them incompetent buffoons. 3) Maybe not file any motions at all. I think if i would have let them slide and disappeared until trial, I could have ambushed them. They probably would have just went the same old CCP98 route, which seems a lot easier to beat given Target v Rocha. 4) OR maybe pursue motions further. Asked judge to push trial back, tried to really push the issue on the forward flow. 5) GET A COURT REPORTER. This would have possibly shown judge that I meant business, maybe swaying judge to rule more fairly and to the letter of the law. Also, it would have aided in preserving a better record on appeal. Now on to the appeal...
  22. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  23. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  24. Howdy, gang! I'm hoping someone can help walk me through the next steps of my fight against Midland Funding here in Michigan. Background So far, we were served the complaint with only an affidavit attached, filed our answers, and went to pretrial. The judge provided time for discovery, ordered mediation, and set a trial date. Today, we received a packed in the mail that includes a Proof of Service, Plaintiff's First Request for Admissions, Plaintiff's First Set of Interrogatories, Plaintiff's First Request for Production of Documents, Plaintiff's Witness List, and Plaintiff's Exhibit List. Attached is a "Bill of Sale, Assignment and Assumption Agreement", "Card Agreement", and "Field Data" (data printout of account number, last payment date, name, SSN, amounts, etc). The Bill of Sale does not include specifics about the account, addresses, names, etc. It's a generic "We're the bank, you're the JDB, and we give you rights to the accounts in a section of the Agreement". From what I gather, I should push them to provide the actual agreement to prove they have standing to bring the case. Where I'm Lost There is a lot of information here and in other threads and honestly, I'm a little overwhelmed by it all. As such, I'm not really sure what I need to do next. The logical thing to me seems to get my request for discovery out, wait the 28 days, and then file a Motion to Dismiss based on them not providing any information that shows the account is mine. Though, I think I'm also reading that I should file that first, just to get the ball rolling and force their hand since they won't likely respond to the discovery with anything meaningful anyhow. My Question There's so much information to absorb on this boards and I've been reading page after page after page of well worded information, but I can't seem to get where my particular path should take me. Do I request discovery, wait, then file my motion? Do both in parallel? Reverse the order? Is there another option I should be pushing for at this stage? Sorry if this was a long read, or if I'm breaking any rules/guidelines around these posts. My brain is going a thousand miles a minute right now trying to soak in so much information, I just need a little light to show me the way. Edit - Found the "Answer these questions..." post, so I didn't want to break any forum ediqute by not filling it out. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (Too Specific) 3. How much are you being sued for? ~$2,000 4. Who is the original creditor? (National Credit Card Company) 5. How do you know you are being sued? Served with a complaint 6. How were you served? Mail and in-person 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? Michigan, Wayne County 10. When is the last time you paid on this account? Unknown, no documents, but suggested date implies 4-5 years 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Complaint > Defendant Answers > Notice of Pretrial > Pretrial > Mediation and Trial dates set 13. Have you disputed the debt with the credit bureaus? No (Unaware of until the suit) 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Already have, will need to post specific charges later (keeps to lockbox left at work) 16. What evidence did they send with the summons? The complaint only had an affidavit, post pretrial documents include non specific bill of sale, cardholder agreement, and account printout.
  25. Hi, First of all I am so glad I found this website. I followed your validation process successfully. In October 20013 I started the validation process using all tools provided under Debt Validation subject. I sent the letter to RJM collection agency, they didn't reply. I waited until December 2013 to request a copy of my credit report from all three agencies. When I saw the credit report the item was removed woo hooo!!!. I decided to do the same with three more accounts. Two were deleted from my credit report, and one was verified (very proud of myself... Thanks). I sent the verification letter provided on the Debt Validation process. There are few questions unanswered, please see below: Please provide me with the following: What the money you say I owe is for; They answeredExplain and show me how you calculated what you say I owe; They provided a document with all the information where the last entry was 08/13/2009 for the amount of $1,806.20.Provide me with copies of any papers that show I agreed to pay what you say I owe; My name, address, last four digits of my social security, and the original account number are in the document that was sent. There was not a document with my signature (i.e. a check I sent with payment).Provide a verification or copy of any judgment if applicable; N/AIdentify the original creditor; They answeredProve the Statute of Limitations has not expired on this account; They did not answerShow me that you are licensed to collect in my state; andProvide me with your license numbers and Registered Agent. They did not provide the information for the last two bullet points. How do I proceed from here? Do I send another verification letter requesting the missing information? Also, Midland is reporting to the credit bureau: 1. $2,978 instead of the original amount of $1,806.20. 2. Date opened Jan. 2012 when the last entry on the document sent is 08/13/2009. (the item was purchased on 10/19/2006). I started reading about the SOL but I got confused. I appreciate any advice you may have. Lady Eris -- Florida