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Found 183 results

  1. FYI, if you live in Arkansas and have been sued by Midland via JDB attorney Lamb, you may be in for a treat -- and restitution in a class action. Wouldn't that be great?!! Turns out his dunning letter is the basis of a FDCPA violation(s). I've attached both the complaint and exhibit 'A' for you reading pleasure. I didn't bother posting his granted motion for an extension of time to answer the complaint. He has until August 7, 2015. Comments?? -J Lamb-Complaint.pdf Lamb-Exhibit.pdf
  2. Hello there, everyone! Firstly, I know this is a long post to begin with, but I just wanted to thank you all for all of the information I've gained from this site just upon reading. You all are a huge help to everyone on here who takes the time to read about their case and sharing your valuable knowledge and past histories is incredibly helpful. So now, I'll get to my case. It's a very little amount, Pressler & Pressler, Midland Funding, NJ - apparently all parties are quite well known, but all details are below. Upon first receiving this, I knew not even where to begin knowing it wouldn't be worth it to hire a lawyer and assuming it's probably a debt they have little to no info on. Upon reading this site and all of your valuable knowledge, I've been able to formulate the below answer. From there, I'm lost, might even be lost with the below, but any and all comments, thoughts, questions, concerns, anything at all is greatly, greatly appreciated. 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.) Pressler & Pressler, LLP 3. How much are you being sued for? $2,108.17 4. Who is the original creditor? Credit One Bank credit card 5. How do you know you are being sued? Received Summons/Complaint 6. How were you served? Mail 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? May have spoken to on phone. May have received letters. They have my phone number listed incorrectly on the front page of the complaint (comes up for someone with the same last name who lived on the same street I did on a previous address but was not me - makes me think they lack any info?) 9. What state and county do you live in? NJ, USA 10. When is the last time you paid on this account? 8/2/2011 11. What is the SOL on the debt? 6 years in NJ 12. What is the status of your case? Suit served? Motions filed? A summons/complaint has been filed against me. I have 14 days remaining to answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I don’t trust unlisted number and thus most likely had no communication with them and this came upon me unknowingly. No I have not disputed the debt. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? May 4th, 2015 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? They did not attach anything along with the complaint. The only pages I received were the two special civil part summons and return of service pages, and the summons/complaint page. They provided nothing, no documentation, anything attached to the complaint. RECEIVED MONDAY 3/23/2015 4:57:52 PM 13231242 XXXXXXXXXXXXX Attorney for Plaintiff File # XXXXXXXX FILED Defendant(s) Civil Action COMPLAINT (Contract) Plaintiff having a principal place of business at: 8875 AERO DR STE 200 SAN DIEGO, CA 92123 says: 1. Plaintiff, MIDLAND FUNDING LLC, is the assignee and the current owner of a CREDIT ONE BANK, N.A. account, having the last four numbers XXXX, which went into default with a balance of $2,108.17. 2. The last three digits of the social security number of the person who used the account are XXX (actual complaint does have these 3 numbers). 3. The account was assigned from the original creditor, CREDIT ONE BANK, N.A. through it's legal selling entity CREDIT ONE BANK, N.A./FNBM, LLC to SHERMAN ORIGINATOR III, LLC on 04/12/2012, and then to MIDLAND FUNDING LLC on 04/19/2012. 4. Plaintiff, MIDLAND FUNDING LLC, alleges that the Defendant, XXXXXXXX, is the person who opened and used the account having the last four numbers XXXX, and has a social security number with the last three digits XXX. 5. Plaintiff is seeking from the Defendant, XXXXXXX, on the above account, the sum of $2,108.17. WHEREFORE, plaintiff demands judgment for the sum of $2,108.17 plus costs. I certify that the matter in controversy is not the subject of any other court action or arbitration proceeding, now pending or contemplated, and that no other parties should be joined in this action. I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7( . My responses: FORM A X (6) Other – Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach more sheets if you need to.) Plaintiff provided no documentation to support the charges alleged in the complaint, therefore defendant denies all allegations. FORM A (State whether you agree or disagree with each paragraph of the plaintiff’s complaint. If additional room is needed, attach a separate sheet.) 1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is, at this time, without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements and lacks information to form a belief as to the truth or falsity of Paragraph 1. 2. Defendant denies the allegations contained in Paragraph 2 of the Complaint as the Defendant lacks information to form a belief as to the truth or falsity of Paragraph 2. 3. Defendant denies the allegations contained in Paragraph 3 of the Complaint as the Defendant is, at this time, this request calls for admission of matter defendant has denied and thus it is improper. 4. Defendant denies the allegations contained in Paragraph 4 of the Complaint as the Defendant, at this time, lacks information to form a belief as to the truth or falsity of Paragraph 4. 5. Defendant denies the allegations contained in Paragraph 5 of the Complaint as the Defendant is, at this time, without knowledge or information sufficient to form a belief as to the truth and accuracy of the Plaintiff's allegations or entitlements as Plaintiff has not entered into record nor has he supplied the Defendant the alleged contract which substantiates these claims. AFFIRMATIVE DEFENSES: Lack of Standing. Plaintiff has failed to prove ownership of the alleged account with standing to sue.
  3. Bear with me if this appears incoherent since I am new to the debt lawsuit business. I will try to be a bit elaborate since I don't know what to make of the pre-trial conference. I have been lurking around the last week or two after being hit by a lawsuit to collect on an alleged chase card debt. Howard Lee Schiff is handling this on behalf of Midland funding. I appropriately responded to the summons with diagree and do not know answers to the charges. I then contacted the law office to provide proof of debt but did not receive anything. The pretrial conference today was very interesting (6/5/15 - my first!). The opposing lawyer was present and apparently a court appointed representative (possible the judge but just as likely some other lawyer) administered the conference. The opposing lawyer introduced the lawsuit and amount of debt in question. When asked I denied any knowledge of the debt and mentioned that I had repeatedly asked for proof of debt and had not received any evidence. The 'judge' inquired the opposing counsel who promptly forwarded me a stack of unsigned statements. The judge asked if there was a signed agreement to which the counsel referred to some past case and highlighted that the OC does not need to keep signed agreements beyond 4 years and that the statements printed were enough to prove the debt was owed. The judge did not object to it. She also turned to me to ask if the name on the statement was mine. I nodded yes. She then inquired if the address on the statement was mine. I replied with "cannot confirm" and will have to check records. I asked that I be given time to review the presented evidence. The judge asked if I was employed and whether I owned any property. Just when I thought this was coming to an end, the judge sought to talk to each party individually. He asked me if there were other lawsuits, suggested that it seemed the debt was owed and suggested that the best mode is to settle and be done with it. He een asked me to quickly review the pile to see if there were any signed documents - there were none. I told him that as long as I could affirm that I owed this debt, I was open to talk. After a few minutes of conversation with the opposing counsel, we were both called in. He admonished us again to talk and settle and proceeded to fill a form - the "scheduling order". He started aloud by calling out loud "written discovery" and the lawyer instantly and eagerly latched on to say "DONE". The judge agreed. I found that very odd and uncomfortable since I did not exactly know how discovery was complete! (Arn't I suppose to ask a bunch of questions regarding the lack of ownership and lack of proof of debt???) I tried to ask the judge to educate me on that and he duly referred me to the librarian on the 2nd floor . The opposing counsel seemed overly amused. Long story short, he scheduled a date for fact finding meeting - he also mentioned the word "deposition" which I still need to find the meaning for . We left the court house. This may be my gut but the lawyer seemed rather friendly with the people in the court house and the fact that the "judge" did not object to any (lack of) evidence presented seemed ominous - perhaps this wasnt the right forum for him, I don't know. Anyway, the lawyer wore a fake, almost condescending, smile all the time. The relevant portion of the order is pasted below: The questions in my mind are: How should I feel about this so far. Did I miss a trick somewhere so far? What should be my next steps now that I have a breather? Is CT a friendly state to debt collectors in general? Please advise so that I can bring my heart rate to normal Thanks FACTS: 1) there is no signed (or unsigned) agreement presented 2) there was no evidence showing that midland bought this specific account 3) there were almost a year worth of unsigned statements. _____________________________________________ The following order is entered in the above matter: ORDER: Scheduling Order Written discovery shall be served on or before: done Depositions of fact witnesses accomplished by: n/a Disclosure of plaintiffs experts by: n/a Depositions of plaintiffs experts by: n/a Independent medical exam accomplished by: n/a Disclosure of defendants experts by: n/a Depositions of defendants experts by: n/a Motions for summary judgment to be filed by n/a Motions for summary judgment to be argued by: n/a Other scheduling orders:
  4. 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...
  5. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Love, Beal & Nixon, P.C. 3. How much are you being sued for? $2018 4. Who is the original creditor? Citibank South Dakota NA 5. How do you know you are being sued? Served 6. How were you served? Process server 7. Was the service legal as required by your state? I guess? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact before being called about the suit. 9. What state and county do you live in? Oklahoma, Oklahoma City County 10. When is the last time you paid on this account? Unsure. 11. What is the SOL on the debt? 5 years 12. What is the status of your case? I'm not sure what stage. Explanation below. 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? No. 15. How long do you have to respond to the suit? I've already responded with my answer. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing. Oklahoma is not a fact pleading state. The original Citibank account was charged off on 05-2009. Citibank placed it in collections on 11-2011 Midland opened it on 11-2013 Experian shows Citibank and Midland Recent Payment as $0 Transunion shows Citibank as Payment Received $0 and Last Payment Made 3-1-2010 Both credit reports show COL before, during and after 3-1-2010 This is the Summons I received on 10-16-14: I am guessing that they are suing because they believe there was a payment made on 3-1-2010, which would reopen the 5 year SOL. I am not sure if I did or not, and am looking into my bank records from 02-2010 to 03-2010. I responded on 10-28-14 (one to the court clerk and one certified receipt to Love, Beal & Nixon) with: They filed an AFFIDAVIT AS TO MILITARY SERVICE on 12-2-2014 There have been no other court filings to date. Now I received a Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents I was hoping my answers demanded they show proof of the validity of this debt, but I am unaware of what to do now. The letter said I have 30 days from 1-26-15 to respond to the the Requests for Admissions and Interrogatories. I would like to note that Number 1 of their PETITION FOR INDEBTEDNESS says, "If you notify this law firm, Love, Beal & Nixon, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will obtain verification of the debt and mail a copy of the verification to you." I have received no verification of the debt, to date. Any help would be greatly appreciated.
  6. I don't have a lot of details because it wasn't very complicated. I just want to urge everyone who searches on Midland Funding to not ignore lawsuits. File a response! I received my summons in fall of 2014. I filed a response/motion to dismiss within the appropriate time period. I was able to find the correct form for my motion online. Everything was free. In my answers I stated that amount was incorrect and that I had tried numerous times over several years to get Credit One to correct the amount. I stated that I had requested proof of the debt and statements and had received nothing. I also included an answer saying that the summons stated that the law firm had proof of debt but that proof had not been provided to me. I also answered that I thought debt was too old and included the KRS statute. In Kentucky, at least in our county, judges "consider" motions like this. You're not notified of when this happens, but you are notified of what the judge decides. Eventually. It can take several months to come up on their calender. While I was waiting, the law firm sent me a letter asking me to pay the amount I originally thought the debt should have been. They said, "Since we agree on the amount..." Nope. I didn't respond to their letter as I didn't want it to affect my motion or reflect on my assertion that the debt was no longer valid. At any rate, yesterday, I received my notice from the County Clerk that the case had been dismissed and entered into the record. I really just wanted to post to encourage people who are in despair over being sued. I know how easy it is to shelve/ignore things when you're down. Best of luck, everyone.
  7. I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.
  8. COULDN'T FIGURE OUT HOW TO CHANGE FORUMS. PLEASE CONSIDER THIS TOPIC CLOSED, I'M MOVING IT TO ANOTHER FORUM. THANK YOU.
  9. Hello Everyone! I have been lurking around this board since June 2013 when I found out I was being sued by Midland Funding for 1300.00. Yes, 1300.00 - punks. ASTMedic's thread "How I Beat Midland in California" was one of the first pieces of info I found and gave me hope I could fight and win too! I just had court this morning, here's my story: Sued While Out of the Country This whole thing was especially stressing and drama because when they filed on me - I was living out of the country for 6 months trying to work remotely and reduce my living costs in a cheaper local than SF, CA where I am from. The process server tried to get my roommate to answer the front door (we live in a large apt complex) at 9 am on a Sunday morning so of course that didn't happen and my roomie called to say he thought someone was trying to serve me. Luckily San Francisco County Civil Superior Court Cases are all available to view online- so I was able to access and read the complaint even though I was abroad. The fact that they couldn't complete the service didn't stop them from filing a false proof of service with a made-up description of my roomie, claiming substituted service. Tried to Settle When I found out about this, I still had several months left in my stay abroad and I wasn't going to cut it short for such bs. I didn't have anyone I could ask to stand in line and file papers for me - plus I needed a fee waiver which you can only get by appearing in person. I tried to settle with Midland but they wanted almost 800$ in a lump sum or the total amount in monthly payments - but of course if you do payments then the clock starts on the debt all over again and probably at that point, you've established a "business relationship" with them legally speaking. Plus there was going to still be some reference on my credit report to the case - settlement to avoid a default judgement or something- I don't remember exactly but I know when I pressed for the details on that aspect - it was clear that it really sucked. These people- JDBs- are really disgusting. A Trick if You're Sued While Abroad or Otherwise Jammed Up So with my 40 day response deadline (in CA you get 10 extra days if served my mail) ticking down I did a Hail Mary and wrote up some lame answer/denial and fed-ex'd one to the court and one to my roomie so he could mail a copy to Midland and fill out the proof of service, etc. The court rejected my docs and returned them to my address in SF. BUT according to a lawyer I had a free consult with when I returned to SF, sending the docs to Midland made them THINK I had responded and therefore they did not move for the default judgement. That lawyer printed out a general denial for me and sent me down to the court house to file it. So technically I responded well past (about 2 months) the 40 day deadline but since Midland hadn't moved for a default judgement; I was able to file my answer with the court no problem. The other thing I learned later was process server companies also offer court filing services. So I could've filled out the docs and paid someone to file them on my behalf. For me that was cost prohibitive because I couldn't afford the almost 300.00 dollar court filing fees plus whatever the service fees are. Especially on a 1300.00 case but that's what Midland is counting on, right? Other Challenges: Stipulated Ex Parte Motion for Continuance My Case Mgmt Conference was set and then cancelled by the court. I had been planning to use the CMC to discuss the fact that I was planning another live/work cheap locale abroad sojourn but I got no chance to do that and received instead a notice of trial date that was set for, wait for it, my birthday. It was also right in the middle of the 7 months I planned to be abroad. So I pm'd "CALawyer" on this forum and he told me about filing a stipulated ex parte motion to continue trial date. I had to call up the lame legal crew at Midland, spoke with Sarah McElroy Robinson or Robinson McElroy- whatever- who has that bad SoCal accent/habit of answering questions with a question inflection. When I asked her who she was she said, "I'm a lawyer?" and I actually replied, "Are you sure? You don't sound too sure!" I was assuming she was a paralegal they just stuck on the phone. Then I realized later her name was on the docs as one of the lawyer posse. Sarah said to send her proof of my travel plans (airline reservation made before the trial date was set) and my stipulation and she'd sign it if she "liked what it said." I figured that meant I shouldn't put in any language like "The Plaintiff has no case" as I had in my CMC statement. I found a copy of a stipulated ex parte from a lawsuit involving Apple online and just took the form of it and citations in it and adapted it to fit my situation. This was a big hurdle. I didn't know that after I filed the ex-parte that I had to go to a walk-in hearing about it - luckily the court sent the docs back to me with a note about I had to appear. Luckily I was able to appear and they granted the ex parte literally the day before my flight. It was beyond down to the wire. Back to the States to Fight this BS So I came back to the States 7 weeks ago specifically for the trial. I had asked them to move the trial to at least 35 days after my date of return so I would have time to file CCp 96, subpoena, MIL, etc. It was extremely tight and I had to really focus and devote the majority of my time to this from the day after I stepped off the plane but I made it. When I was abroad I had used AstMedic's post and Seadragon's checklist to put all my relevant deadlines on my Google calendar and make my game plan. I wasn't able to work as far out as they had but I was still able to get everything in by deadlines but like I said: it was tight and not ideal and cost me a bit more $ overall. Pro tip: I wish that at the beginning of all this I had sat down and read thru all the court rules of my local court. Each local is different with filing deadlines. I realized later they had the complete court rules on the website(duh) and luckily found the info about serving a MIL either 10 days prior to trial via mail or 5 days prior via personal service just in time. However, not soon enough to avoid the personal service fees which cost 250.00 dollars. It cost 250.00 because I had to do it twice - because the address that Midland uses on all its court filed docs is actually a PO Box store. And I needed personal service. The PO Box store gave the process server the corporate office address on Midland. It's not on any of their docs filed with the court. Of course, I could've avoided the expense of personal service if I had been able to drop the MIL in the mail to them 10 calendar days before trial but I didn't have it done in time. Extreme Pro Tip: If you miss the mail deadline and need to serve your MIL via Personal Service the address for Midland's Corp Office is: Midland Funding, LLC, 3111 Camino Del Rio North, Penthouse, San Diego, CA 92108 My Docs I used a combo of AstMedic's and Homeless in CA's docs with some of my own flourishes. I just dropped the whole Target v Rocha case into my MIL. I later learned reading Homeless in CA's "Going to Trial in CA" thread about the page limit for MILs -15- mine was 17- but I didn't have the time to refile it so I let it ride. I should have just attached Target v Rocha as an exhibit and that would've been fine that way in terms of page limit I believe. Pro Tip: Search for whoever signs the Affidavit in Lieu of Live Testimony on LinkedIn for their professional profile. The guy who was trying to say he was qualified to vouch for the authenticity of my docs wasn't even employed by Midland when they purchased my debt. His professional profile consisted of a tour of duty in the Army as a paralegal and managing a mobile wireless store. I attached his LinkedIN as an exhibit in my MIL. Latin Pro Tip: Motion in Limine - Limine is Latin - pronounced like - "lim-a-nee". I was pronouncing it "Lie-meen". I am still not hooked on phonics. Court But No Trial So today was the trial date. Start time was 9.30 and I was there at 9.20. I signed the calendar on the podium like I saw the lawyers do and noticed Midland's rent -a -lawyer hadn't signed in yet. I was briefly hopeful no one would show but then a guy in a wrinkled, cheap suit comes in, goes to the Podium and then looks around and asks for me. Awesome. From this thread I knew his request to talk outside was SOP. Now it gets crazy: I follow him out and he has his arms folded against his chest and he squints at me and says, "So what is your defense?" Instantly I was offended by his demeanor and attitude and also somewhat baffled he was asking this, like, what do you mean what is my defense? The fact that you have no case, how does that sound? WTF. So he says, "Why do you think that?" So now I have no patience and I say, did you read the trial brief or the MIL? He says he's only seen my Answer and isn't aware of the MIL. So I just rapid fire, "I filed a Motion in Limine, you're not going to get the Affidavit in Lieu of admitted and you have no standing. It's a frivolous and malicious lawsuit. Come on, man, why are you trying to play games? You're an attorney and I'm in Pro Per and you're going to try this bs?" and I start moving back to the courtroom. He asks if he can ask me another ? and I point to the courtroom and say "You can ask me ?s during the trial." I believe at that point he might have gone to the clerk's office to get the brief or the MIL. So then he comes back in to the court room and sits in the row behind me in the galley. A few minutes pass and he asks about a settlement. So I turn around and say "Are you f-ing kidding me?' He says he's not and I don't need to be so defensive and let me tell you something. So I go off and tell him - "let me tell you something: you should be ashamed of yourself for using your law degree in this manner, clearly if you had gone to any decent kind of law school you'd know you didn't have a case. The people you work for are bottom feeder "finance" people and I use the term finance loosely because filing junk lawsuits based on the fact that 90% of people won't participate in the lawsuit process has nothing to do with finance and instead is an attempt to turn unsecured debit into secured debt and it wastes time and money and clogs up the court system." Then he tells me he's going to dismiss my case so why be so hostile? So I tell him, "Ha! Don't do me any favors. Yeah, you can dismiss it with prejudice." and turn back around in my chair. He says, "Oh, I can't do that." (yeah, really, especially since you're not the fucking judge, asshole) Then he says, "You must be a really fun person to hang out with." So I just laugh and say without turning back around, "You know man, you don't need to worry about who I am or what I am like or anything like that. I can tell you what I'm not, I'm not a scummy fucking lawyer. A rent- a-lawyer." Then he says, "I just want to know one ? Did you spend the money?" "Did you spend the money because to my personal knowledge.." So I wasn't going to answer but when I heard the word "personal" I turned a bit in my chair with a smile and said "Objection! You have no personal knowledge of this matter so shut the f*ck up." Then the judge came in and they started going down the dockett. Real lawyers with real cases were there and then me and rent-a-lawyer from a 4th tier law school. We got called up and Rent-a-Lawyer asks for the dismissal without prejudice because they gave me the "wrong address" on the CCP98. I ask for dismissal with prejudice because they have no foundation, their docs are hearsay and I don't want them to be able to refile and waste more of my time. The judge asks me if I am saying that someone else owes the debt. I say it's possible and that's why I am fighting this because they are claiming the original creditor was Chase and I never had a Chase card. I realize now I should have pointed out/ asked - "Which of the 7 addresses on the CCP98 was the wrong one?" But with this Judge it might not have helped anyway. She tells rent -a- lawyer that they should make sure it's my account before refiling because she's "heard of that happening before" and then dismisses without prejudice. So, she sucked. She came in with an obvious bias for the Plaintiff in that she was assuming that I owed debt. She definitely didn't give me any special consideration as an In Pro Per. I wouldn't be surprised if she takes bribes/kickbacks - SF Gov't is notoriously corrupt. Why else so friendly to the JDB and opening the court to yet another bs lawsuit to clog the calendar? She clearly wanted to get the case knocked off the dockett as quickly as possible yet wouldn't shut it down for good. So I booked it out of there, not too pleased, but happy it was done at least and a real lawyer (old WASPy dude, grey hair, expensive navy suit, etc) follows me out to tell me that I "won in there" and I can file for all taxable costs. I told him I had a fee waiver and ask about filing for the service fees and he said I could ask for that. Then in the elevator a guy tells me he's a court reporter and he heard my exchange with rent-a-lawyer and he was hoping he got assigned to my trial "ohh fireworks!" and I said, "that guys was bs." and he said, "I could tell." So that's story. I'll poke around here for how to file for costs info and see if I get anything. Not holding my breath on that but I will file for it. Logic would suggest they won't refile this for 1300.00 but who the f*ck knows. At least my docs are all ready to go if they do. This has been a huge waste of time and money. These JDBs should be in jail for what they are doing. I like how poor, working class and middle class folks are the ones in this country who are expected to have morals and "pay their debts" while rich assholes who run corporations can leverage their companies into untenable positions that spark a global financial crisis and then can get free money from the gov't to bail their asses out. Did those mutherfuckers spend the money? Because from my personal knowledge...... It's fucking bullshit. Special thanks and deep gratitude to AstMedic, CALawyer, Seadragon and Homeless in CA. Fight the Power!
  10. Ok, I've gotten into a rhythm of Answer and dismissal on SOL issues...now here's one that still breathing. Served last October on a debt that has a January SOL on it. So on that, no footing there. I responded with general denials in specific to the wording of their complaint. Called the court a month ago. The Clerk said they have filed and received my response, but no court date(at that time). In a moment of despair, the clerk shared that Midland doesn't have their stuff together, so if I come prepared that will be a good thing. So, trial date is set for end of January. At this point, there's the Filing and my denial. What can I do at this point? DV letter was sent prior to all of this and what I got was an account statement with name, address, and balance. What I am looking to asking in court is.... Prove I owe it. I'm not providing them anything...unless court demands it. Any specifics on how and what to deny? Show me an account listing of how you arrived at this amount Show me an original contract I signed with Midland Prove your account verifier isn't signing off on a hearsay document I'm not claiming fraud(a tactic on their part before), I'm denying I owe Midland until they prove it I'm hoping to send enough requests that it will be dropped prior. Either way, I'm ready for the court day if I have to. I've read through this forum and there are alot of great things I've copied/pasted into my Evernote file. Help!
  11. New York AG Announces Settlement with Encore Capital Over Collection Lawsuits Patrick Lunsford January 9, 2015 http://www.insidearm.com/daily/debt-buying-topics/debt-buying/new-york-ag-announces-settlement-with-encore-capital-over-collection-lawsuits/?utm_source=insideARM.com&utm_campaign=28fd8a7ecc-ARM_insider_1_9_15&utm_medium=email&utm_term=0_a05497525d-28fd8a7ecc-80845493&mc_cid=28fd8a7ecc&mc_eid=3ec05283b2 New York Attorney General Eric T. Schneiderman today announced that his office has obtained a settlement with debt buyer Encore Capital Group, Inc. (NASDAQ: ECPG) over the company’s debt collection practices in the legal collection channel. [ENCORE is a.k.a. MIDLAND] Schneiderman said that Encore has been bringing “untimely” legal action against New York residents for years. Under the settlement, Encore will seek to vacate more than 4,500 improperly obtained judgments totaling nearly $18 million. The company also agreed to reform its debt collection practices and pay civil penalties and costs in the amount of $675,000. “Today’s settlement ensures that thousands of New Yorkers will see millions in relief from debts that were not enforceable in the first place,” said Schneiderman. “We will continue to take action against any company that abuses the power of the court system at the expense of hardworking families.” The Attorney General’s investigation found that, despite the requirements of New York law, Encore brought debt collection claims that were untimely under the statutes of limitations where the causes of action accrued. Because most consumers fail to respond when they are sued by a debt collector, Encore obtained default judgments in its favor based on these timebarred claims. In addition to seeking to vacate more than 4,500 improperly obtained judgments and paying $675,000 in civil penalties and costs, Encore has agreed to several important reforms of its current practices in New York. These include: Disclosing in written or oral communication about a debt that is outside the statute of limitations that the company will not sue to collect on the debt. Disclosing in written or oral communications about a debt that is outside the date for reporting the debt provided for bythe federal Fair Credit Reporting Act that, because of the age of the debt, the company will not report the debt to any credit reporting agency. Alleging certain information relevant to the statute of limitations in any debt collection complaint, such as the name of the original creditor and the date of the consumer’s last payment on the debt. Schneiderman noted that Encore was also engaged in a practice that is often referred to as “robosigning”: Encore employees signed hundreds of affidavits submitted in support of debt collection actions each day without reviewing the affidavits and without possessing personal knowledge, as alleged in the affidavits, about the claimed debts and the amounts owed. The settlement requires Encore to institute reforms to ensure that “robosigning” does not occur and to ensure that all sworn statements filed in debt collection actions are reviewed prior to execution. This settlement is a part of the Attorney General’s continuing efforts to combat unlawful and abusive debt collection activity. In May 2014, Attorney General Schneiderman obtained settlements from two major debt buyers ( Portfolio Recovery Associates and Sherman Financial Group, who also filed time­barred debt collection cases. Those settlements resulted in the vacature of more than 3,000 improperly obtained judgments. Copyright © 2015 insideARM, LLC. All rights reserved.
  12. Hi everyone, I have been reading through the threads on this forum for the past couple of days and I have found some really promising information. But I am still very confused about what I should do about this court case and how I should write my answer to the courts. I think the more that I read the more that I am getting confused so any help that can be offered would be deeply appreciated. This is actually against my husband with an account that was opened and charged off before I even knew him. He was married to his first wife when this was opened but they have put this case against him and me instead of her. They do not have my name listed only Jane Doe. 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 Offices 3. How much are you being sued for? $6079.34 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) We were served at our home 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. The process server had my husband sign for it. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? We had nothing from Jerold Kaplan Law Office. I do believe that my husband received something from Midland but we could not afford to pay it 9. What state and county do you live in? Phoenix, AZ. Maricopa County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I was not married to my husband when he had this account. He was married to his first wife and she paid the bills so he does not know when the last payment was made. I believe that I am not responsible for this debt because I was not married to him yet…or at least I think? The affidavit from Midlands Representative that was attached to the summons says that the last payment was made on 02-19-2009 and that the acct was charged off on 09-30-2009. The credit report shows that the last payment was indeed on 02/2009 but it says that it was charged off in 08/2009 not 09/2009. 11. What is the SOL on the debt? It is 6 years in AZ as of 2011 but before that it was 3 years. (my husband was living in KS when this was opened not AZ) 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). The Justice court website says that the case status is 01-new case 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 received as follows: 20 days. And was served on 12/28/2014 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ​ They attached an affidavit from a legal specialist that is employed by Midland. The affidavit lists the OC as HSBC, shows the last 4 numbers of the account number, the balance of $6079.34, the open date of 12-09-2007, and the charge off date of 09-30-2009, but that is all.
  13. I had a knock on my front door two months ago and my new husband answered it, it was a man serving him with papers for me from Midland Funding. It was originally a GE Capital card for $800. I at first freaked out and cried and then I started researching. I called the CA who had hired the lawyer and told him I wanted to make sure that this was my debt. I verbally asked them to validate and they said "OK" and I have yet to receive a call or any information mailed to me. My credit report now says "disputed" but nothing has come of it. After reading information on here I went and drafted a letter to the credit reporting companies disputing the information. I have sent it out to 2/3 but now I am wondering if this was the best thing I could have done? Maybe I should have just left it alone? They clearly don't have enough documents to go forward with their threat or I would have received something already and court would have been scheduled right?
  14. Hello Everyone, I had/have a court date set for January 6th (being sued by Midland Funding / purchased from Dell for $2340) and I received a letter in the mail on Friday (postdated Dec. 26th) from Midland saying they are requesting a Motion for Continuance. From what i've read, this will be granted to them since it's their first request, so there is nothing I can do to fight it. My concerns are these: in the actual Motion sent to the judge, they wrote: III. Certificate of Conference On December 22, 2014 Plaintiff sought Defendant's position on its motion for continuance. Plaintiff called Defendant regarding continuance. No one answered and the phone provided no option to leave a message for Defendant. I checked my phone logs for that day and I only received calls from my Mom and Dad AND my phone DOES take voicemails! Even my phone at work didn't show anything weird (but I don't believe they have my work number). I guess my questions are: 1) Should I still show up at court on the original day that was scheduled? It's only a week away 2) Can I try to fight the Motion for Continuance? As stated before, I believe from what i've read this will be granted so it's not worth it to fight 3) Should I bring it to the court's attention that they have provided false information? I can show my phone logs that they never tried to contact me. Thank you for any help or information you can provide!
  15. I'm new to the world CreditRepair...etc... First post. Basically I have two Judgements from bad CC that I did owe but couldnt pay totalling up to about 11k. I went to the hearings but lost. 1.) Portfolio Recovery. $5178 Dec 2012 5% interest 2.) Midland Funding $7311 March 2012 5% interest Should I settle, or what options are there? Has anyone had any experience in settling with these companies? Should I go for 25%. What are the correct steps? I.E. any letters to have this done the "correct" way.....
  16. 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!
  17. A few years ago, T-Mobile billed me for an unreturned handset, for 300 and some odd dollars. I disagreed. A month and half before, I called them letting them know my handset wasn't working. It was still under their warranty, so they agreed to exchange it free of charge, however they required I return the faulty handset within 7 or so days of receiving the new one. I got the new phone, but no packaging materials. I called them letting them know that I couldn't return the old handset until I received shipping materials. They apologized, said they would send me the shipping materials, and extended the time it was due another two weeks. After a week or so, I left for a two month assignment in another state for my job. I hadn't received the shipping materials yet, and called T-Mobile informing them I hadn't received it, but was going out of town, so I wasn't sure that I would be able to get out the handset by their deadline. The agent I spoke with said she would make a note of it. My assignment only permitted me to come home on the weekends, if we weren't busy. I did make it home one weekend, found the packing materials and took it with me so that I could mail it off when I had time during the week. I mailed it off about a week after I got the packing materials. But a day or so later, I received a letter at my new address from T-Mobile (I had my mail temporarily forwarded), saying they were charging me for the handset. I called immediately speaking with a rude agent, who seemed to take it personally that the handset wasn't returned within the original 7 day time frame. I explained the situation to her, but she was not moved. According to her, T-Mobile gave me sufficient time to return the handset, even accounting for their gaff of not mailing the shipping materials, and she didn't see an additional extension of time. I said "Well, you can't charge me for the handset, I sent it to you." She insisted it does not matter and they were charging me anyways. I said I wasn't paying for a broken handset, that I returned to them. Then, she told me if I didn't pay, they would shut off service for my phone. Pissed, I say "OK" then after getting off the phone immediately call Verizon and have my line transferred from T-Mobile. Eventually T-Mobile sent me a bill for the handset and the cancellation fee, plus some other extraordinary fees making my bill to them nearly $1,000. Obviously I don't agree to any of this ish, and I felt I was forced to switch services given their stance on the charge for the handset. Within a month or two , they transferred my bill to Midland, who have called me incessantly. I told one agent "I didn't agree with T-Mobile that I owed the money, why on earth do you think I'm going to pay YOU?" Midland reported in 2012 sometime, so it is about two years old. How should I go about getting it removed?
  18. i am sending a ccp 96 to midland/asset who changed their attorneys case was started by fulton, friedman, and gullace, and in the spring i got a letter from MCM (midland credit management) saying that they were taking it internally, and all correspondence should go to their po box in warren michigan they shortly thereafter filed a substitution with the court and listed an attorney at midlands snyder/harris/brown/mcelroy office in san diego who should i serve? the lawyer on record with the court in san diego? the po box in michigan? both?
  19. Hello. I need a little help. I am being sued by Midland in PA for two different items in December. I checked my credit report and there is a 3rd item I have with them but I have not received any notice of a lawsuit for that. I'm not sure what to do. The first two are on different dates, two weeks apart. The total of all the items together is a little over $3,000. I've already entered my intent to defend myself with the magistrates office. I'm not sure what to do..... if I win the first will there be any chance of winning the second or possibly third? I don't know if I should call them and try to settle. I could use some advice guys. Thanks in advance.
  20. Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/
  21. I received a Civil Citation for a Debt Claim Case. I am disabled with Social security as my only income. I read in Midland's Consumer Bill of Rights Article 3. b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. I also received a letter yesterday from them asking me to call them. Since I have never made any contact with them, I am concerned that if I do call them it will re-age the account. I am tempted to contact them about what I discovered from their website but I don't know if anyone has had success with them honoring their Bill of Rights. Anyone? btw, it appears that they are still trying to personally serve me...Constable at my door today.... ANY HELP WOULD BE APPRECIATED Below is the info from the lawsuit. 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.) 4 Attorneys listed as Attorneys for Midland FUNDING LLC with a P O BOX address in TX. 3. How much are you being sued for? approx $8,200 4. Who is the original creditor? (if not the Plaintiff) CHASE BANK USA N.A. 5. How do you know you are being sued? (You were served, right?) A Citation was posted on the front door of my home by person from Profession Service Process 6. How were you served? (Mail, In person, Notice on door) Notice on door 7. Was the service legal as required by your state? Do not know. They had asked for alternate service as they had been unable to serve me before and the alternate service options stated 1). mailing a copy and delivering a true copy to anyone above age 16 at the address or 2.) mailing a copy of the citation by first class mail and attaching a true copy to the front door/entry way at the address 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? FORT BEND, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) To the original credit card company, about May 2010 or before (no later than 5/2010 as per the credit report. - it shows 30 days late in 6/2010). Petition was filed end of June 25, 2013. 11. What is the SOL on the debt? 4 years in Texas (from last payment date) 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). 7/1/2013 Original petition 7/17/2013 Citation 7/23/2013 Civil citation service - unserved 6/27/14 Order for substitute service 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. 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 received as follows: 14 days. Citation was posted on 9/15. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ​They attached copy of the 11/2010 statement
  22. Hey guys, here is the background of my case...with some questions that I would like you people to throw some light on 1) JDB midland suing for 2500 dlrs sent me summons , I responded back denying with affirmative defenses 2) Did the discovery ( still awaiting reply from them) , responded to their rogs. 3) I asked them for proof of debt and they asked court for 90 days for it. 3) I did not counter sue, should I ? can I still do ? 3) Now I am nearing my first court date and would like to know if I am missing anything here? 4) What can I expected on my first court date , like what it will be like on the first date, questions judge can ask me or their lawyer can ask? 5) if their lawyer does not show up , how to go about motion to dismiss? 6) What are the next steps for after the first court date? what happens after that
  23. I have been served with a Petition for a suit by Midland Funding and I am reading through these posts for help with my answer, but it seems that the "Plaintiff's Original Petition" that I was served does not appear to look like the ones I am finding on this forum. ( I know this is the same line as in another post but it applies to me as well.) I have been served a Citation from Midland which requires a response by today. I have been doing research but just found this forum around 10 PM last night. From the Citation it appears to be a petition to get me to court for Discovery and has very little of the accusations shown in other forum question documents. The documents do not include the last four numbers of either my SSN or Texas DL. There are no affidavits or bills of sales attached either. I have to drop off a reply by 4:30 today. It won't take long to write up but I'm asking if I should respond line by line as suggested in other posts and should I include the PLEA TO THE JURISDICTION as suggested by texasrocker in post http://www.creditinf...y/#entry1303627 Item # 7? Here is the link to the documents for viewing. http://www.mahahual-...om/CITATION.pdf
  24. On sept 8th I was served for a suit filed by Suttell and Hammer for plaintiff Midland Funding LLC for a debt they bought from Citibank (South Dakota) - Home Depot. The account was charged off and sold some years ago and my best records indicate a last payment to HD in February 2010. Suit filed in Pierce County District Court. Case no. 752497. The cover sheet says amount of suit is $5142.53, but summons said $4942.53 is the sum for the judgement. I need to respond to the summons and complaint within the next 8 days, but am having a hard time finding an attorney that has the time, so I have 2 questions. 1. Since the amount sued for is less than $5k, can I force this into small claims court, and if so, would that benefit me? 2. Since I am running short on to to respond to the complaint and summons, is it OK to simply file the notice to appear and not the Answers, or will that cause problems down the line? I'm afraid of putting in defenses that could get me in trouble or not listing some I should and thereby keeping myself from using them in the future. As an aside, what is the defense called where they are asking $1,000's for a dept they likely paid 100's for. I read it elsewhere but cannot find it now.