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  1. so today I had a summons at my door when I came home telling me to appear on Sep 09. The complaint does not have any account information attached. just the affidavit. From reading other posts, they probably dont have any proof they own the debt. How should I defend when I show up on the ninth, besides deny, deny, deny
  2. I am helping a friend with some credit repair and have come across this issue- Has a Chase card TL that is listed as a close version to his name but not exact, and not a version that is listed as known on his CR This account is being listed as defaulted on, and has DOFD listed on CR as 11/2011 In May of 2012 it was sold to Midland. My friend was in Georgia when the account is listed as originated, but has spent the better part of the last three years in Alabama. Midland never sent any letters or engaged in any collection activity until January of this year (2015) when they assigned the
  3. Hi everyone, I'm attempting to help my best friend with his JDB lawsuit, specifically with drafting an answer to the plaintiff's complaint in the event he can't find an attorney to help him. We would really appreciate any advice you can offer. 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.) Greene & Cooper, LLP 3. How much are you being sued for? $2,200 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You
  4. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Shall remain unnamed 3. How much are you being sued for? Seven Five 4. Who is the original creditor? I”ll leave this one out too 5. How do you know you are being sued? 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? None 9. What state and county do you li
  5. 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
  6. Long time no post. The CFPB action against Chase brought me back out. http://www.consumerfinance.gov/administrativeadjudication/ What recourse will this give those of us who have settled with a JDB? I sued Chase ProSe in 2012 to remove 2 items on my credit reports that had started as Wamu accounts. They settled out of court and the items were removed from my report Sadly they had been sold separately one to Midland and one to MCM (i know same company) The account that went to MCM used a local debt collector and sued me for one. I fought in court but because it was bloc
  7. 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.) KATHARINE ALLEN 3. How much are you being sued for? 1900.14 4. Who is the original creditor? (if not the Plaintiff) WEBBANK (FINGERHUT) 5. How do you know you are being sued? (You were served, right?) SERVED CITATION 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? NOT SURE Process Service Requirements by State - Summons Complaint 8. What was your corresponde
  8. 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
  9. 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
  10. 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 (
  11. 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 compla
  12. 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
  13. 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 al
  14. 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.
  15. COULDN'T FIGURE OUT HOW TO CHANGE FORUMS. PLEASE CONSIDER THIS TOPIC CLOSED, I'M MOVING IT TO ANOTHER FORUM. THANK YOU.
  16. 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
  17. 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, th
  18. 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:
  19. 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 hi
  20. 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 lett
  21. 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
  22. 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.....
  23. 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
  24. 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 extende