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  1. California consumers may find it helpful to be aware of another favorable Opinion recently certified for publication by the CA Courts: Happy Holidays!
  2. Need advice on how to file a response to a court document informing me that I am being sued by Midland Funding for a credit card debt owed to Credit One Bank. Within the documents it shows that the bank sold my file to a collection agency,then that agency sold it to another and after that, apparently Midland Funding bought it and is now suing for the amount of $2,168 of which all but approximately $600 are late fees, etc. The document titled "Citation (Debt Claim Case)" states: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plaintiff wi
  3. My turn. A guy came and said he had papers for me. Didn't confirm who he was giving them to and didn't know who they came from. Don't they have to make sure who they are serving? Anyway, I'm in the same boat as a lot of people, Midland filed a lawsuit against me with a court date in Dec. A bunch of bogus paperwork, mostly redacted or hearsay. I need to be walked through this. My health is not good and I've been dealing with a concussion, so my brain is having issues. HELP!!!!!! I see a lot about Arbitration, so I'm trying to figure out what I'm supposed to
  4. The U.S. Supreme Court on Tuesday agreed to decide whether people who have filed for bankruptcy can sue companies that attempt to collect debts that was not required to be paid back because of state statutes of limitations....
  5. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint:
  6. Okay lets try again... Here is the jist.. and questions are below! So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have
  7. So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. They attached 2 statements from best buy (neither showing new purchases) and a affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special
  8. Hi there, thank you for taking the time to check this out, Last week I received a 'summons' from Midland Funding LLC by a courier for a debt they say I owe them. Just today they sent another copy of the 'summons' in a letter that came through the mail (USPS). After quite a few Google searches which linked me to a lot of posts on this forum I decided to start my own thread since I believe my issue may be a bit different than the others I've read through. If it isn't something totally 'new', I apologize but I could use help still! Some more of the story: Last week (Ap
  9. I recently filed my opening brief in the 9th circuit court of appeals because I once again got railroaded in kangaroo court (Phoenix federal court). The brief is posted at and involves numerous FDCPA, FCRA and discovery issues. I worked on it for 2 weeks straight and bought the NCLC FCRA and FDCPA subscriptions, but just ran out of time and am still looking for case law on several issues for my reply brief. 1) The importance of Equifax's date of first delinquency (aka date of last activity or DLA). My claim got dismissed because they argued that as per FCRA
  10. I have received a summons on Dec 9th from Midland stating count 1 Breach of Contract and count 2 Unjust Enrichment. They attached an affidavit from their legal specialist that included a bill of sale, assignment and billing statement from Citibank, (Best Buy) I did not submit an answer instead a MTD or in alternate Compel Private Arbitration with Jams also included exhibit of contract (Citibank) attachment, on the same day (Dec 24th) I sent a letter to attorneys for litigation waiver and election to arbitrate. I also sent a letter to JAMS electing arbitration with the Return Receipt from
  11. More information can be found here: Consent Orders can be downloaded here: Encore Capital, and their cohorts Midland Funding, Midland Credit Management, asset acceptance, and in a separate action Portfolio Recovery Associates (PRA) have been reprimanded by the CFPB. This includes paying restitution to some debtors which have been sued, or have paid on accounts to Encore, Midland et. al.
  12. now I am really confused. Should I be happy or concerned or ??? Last week I received a Motion for Dismissal which was written by the Plaintiff's Attorney that was mailed on 23 February. I was in court around the 10th of Feb where I managed to get the judge to take a look at the Encore Consent Order and felt this was the resolution of that case based on that hearing. Fast forward to yesterday, I received a dunning letter on the same account. Same attorney, same account, same amount, everything and it was dated 11 February but it was mailed on 25 February. I think
  13. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basi
  14. I got served last year in the summer. Soon after I got a lot of letters from lawyers and truth be told, I was nervous and didn't know what to do, so I went to talk to one. She basically told me she can try to get it dismissed or at least lower it down, or she can get me bankruptcy since I admitted there were other open accounts, and it would probably benefit me more. I told her I would most likely go w/ the bankruptcy and to hold off Midland, she had me send in a denial statement (don't know what it's actually called). For a while I never heard anything till this past Friday, when I got
  15. Hi, I recently had an almost 3 year battle with Discover Bank dismissed with prejudice, I am looking perhaps for an attorney to bring FDCPA and other actions as there were many violations. Thank you.
  16. I was observing court yesterday out of town and watched an attorney try to submit posts from "a debtor forum" that showed the poster was getting information from the web on how to shirk his responsibilities. The defendant told them he didn't know what they were talking about...the judge asked the plaintiff how they could be sure...and the got a bit wishy-washy at that point. Ends up the judge refused the posts and admonished the PA to think before they try that again. Seems the defendant was doing everything long hand on plain paper....EVERYTHING. This guy was in his early 60s and told me
  17. Hello all, This is my first post. I have been sued by Midland in Oregon. At this time I don't want to post too much more info than that in case the attorneys are surveying this forum. First of all, thank you all for your informative contributions. As my case progresses, I hope to be able to contribute as well. Midland is suing for about 10k, if I MTC/stay for JAMS (it is allowed in my case), will they stay the course? I guess I am really asking for is what people think a "small" or "large" amount of debt is. Also, the fee section of my arb clause reads: Who pays? Whoever files the ar
  18. Hi, All. Midland has been harassing me with phone calls and settlement offers regarding an alleged credit card debt for some time now. I've never responded. They're also reporting on my CR and I'd like to find a way to get it off, particularly since they entered the start date for the purported account 4 years after the alleged OC default. I believe that they've avoided filing a lawsuit because in California, this alleged debt would now be about a year beyond the SOL. I've read elsewhere on the site that reporting on my CR without listing it as "disputed" may be an FDCPA violation. C
  19. 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.) Johnson Mark LLC 3. How much are you being sued for? 4740.47 plus court costs 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA 5. How do you know you are being sued? (You were served, right?) Yep.. My 14 year old daughter was served with a summons to give to me 6. How were you served? (Mail, In person, Notice on door) My 14 year old daughter was served with a summons to give to me 7. Was the service leg
  20. The last I have heard from LBN, since I dropped off my responses (here) to their Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents in late February of 2015, was on November 12th, 2015; a little over a week ago. It has "the following documents in the above-referenced case:" Billing StatementsBill of SaleField Data SheetInside is: 1) Are a bunch of Account Statements from Citi for about 8 months. These do not include the first statement of the account. Also, the last payment listed on these statements, from Citi, is 10/24/2008. It should be noted t
  21. Let's get you all caught up. Midland Funding obtained a default judgement and garnishment. That was the first time I was even aware of the action. They filed in the wrong county. I motioned to vacate default judgment - improper venue, and won. Had my garnished wages returned. The case was then transferred to the right county. Midland filed a MSJ which was granted due to an inadequacy of my response. I filed a Motion to Reconsider which was granted...vacating the MSJ and setting trial. Midland filed a Motion to Vacate....which was granted on the day of trial - essentially reinstating the
  22. I'd like to find a way to discourage Midland from filing a lawsuit against me for a JC Penney account they claim they now own. From what I understand, JC Penney cards are issued by GE Money Bank, and that GE Money Bank's agreements operate under the laws of Utah. Unless a change in the account's ownership changes this, this would mean there is a 6-year Statute of Limitations which won't expire until next year. Midland recently sent me a settlement offer that I wanted to respond to in a way that may prevent them from proceeding with a lawsuit. If I sent a letter to Midland that conveys t
  23. The Sonoma Appellate Division's decision in this case is a good read. Particularly in regards to CA CCP Sec.98 and the Declaration in Lieu of Testimony with attached documentary exhibits regularly filed by Midland and the other JDB's here.
  24. Hello, I just received a summons from Midland Funding and I need help. It's for a Sears account. I was going to be without internet for 3 months, so I set up my Sears account payments in advance. I found a place to use internet about half way through the 3 months and found out Sears had kicked two of my payments out and had placed late fees on my account and raised my interest. I tried to get online to fix it and they wouldn't let me on my account without stating that it was my fault my payments were late. So I tried calling them and no one could or would help me. I finally gave up
  25. Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking reference numbers or anything. I did recently do requests f