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Found 183 results

  1. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Couch, Conville & Blitt 3. How much are you being sued for? $26XX.XX + Attorney Fees 25% 4. Who is the original creditor? Citibank USA N.A. 5. How do you know you are being sued? Served by Sheriff's deputy 6. How were you served? 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? A DV Letter ironically mailed certified the same day they filed the petition/ 9. What state and county do you live in? St. Charles Parish, Louisiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? 3 Years 12. What is the status of your case? Suit served? Motions filed?. Suit Served today. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes OC shows charge off, Midland trade line disputed 14. Did you request debt validation before the suit was filed? Unknowingly, my DV letter was sent certified mail the same day they filed the suit. 15. How long do you have to respond to the suit? 15 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just the petition and request for admissions (Will post below)
  2. First, let me say thank you for all the helpful posts I've read here over the years. It's been almost two years since I've had to deal with any of this, but now find myself needing some advice again. Between 2-4 years back, I settled on nearly $75,000 in debt for just under $15,000. All but one OC worked with me. One debt, from GE Money Bank (which I'm not even sure was mine and may have belonged to my ex-wife, but was reported under my name) was my biggest problem. Funny thing is, it was one of my smallest debts, at under $5,000. GE Money Bank wouldn't work with me to settle and then sent account to Midland Funding, via Love Beal & Nixon. Multiple attempts to validate the debt were met with bogus and non-specific information. I got scared and almost ended up in BK, after getting the notice of lawsuit. That's when I got serious and ran across these forums. Your help and guidance completely changed my attitude and confidence. I fought back and responded to everything they sent me, filing paperwork in the courthouse several times. The waiting game was intense. About a week before my court date, I received a Dismissal Without Prejudice. I was happy with that because at least I could breathe for a while. However, nearly two years later, I'm finding that Dismissal Without Prejudice is not enough. I live in Oklahoma County, OK. I did a deed in lieu of foreclosure on my house nearly 4 years ago (lost job, divorce, all the major sob story points). The house sold about a year later and now I'm eligible to buy a house again (as of last December). Good news, but with all my credit blemishes, this one is standing out as the biggest red flag. I still have a decent overall score of 670, which isn't bad, but all the other dings are adding up. I really need to have this removed from my credit report. So, back to Dismissal Without Prejudice. I received the Dismissal Without Prejudice in Spring 2011, nearly 2 years ago. Can I file a Motion to Dismiss with Prejudice now? Or is that case closed and I'd have to open a new case? I believe that I'm passed the original statute of limitations for this account. My credit report says that my last payment for the OC was October 2009. State of Oklahoma is 3 years for non-written contract and I can't imagine they could produce a written contract. Even so, I think that if I could simply file a Motion to Dismiss with Prejudice on the same case, that would be simple enough. I worked with my bank to request that the debt be validated or removed. However, they told me today that Midland has placed a "Cease & Desist" on the entry and it can't be changed without the "Cease & Desist" being removed first. Is that even possible? I called Midland and asked why the C&D was there and they told me that I had requested the C&D in writing. That's not exactly true. I requested they C&D calling me, unless they could provide adequate documentation, proving the alleged debt was actually mine. They are using the C&D for personal contact to create vexatious litigation against my credit report. My first inclination is to write Midland directly requesting, yet again, a validation, and if they can't produce the validation, to immediately remove the credit agency report. Or, of course, if I'm allowed to file a Motion to Dismiss with Prejudice, that would be easy and I doubt they'd even pick up a finger after the reams of paperwork I requested the first go-round. Any ideas or thoughts? Thank you from the bottom of my heart for your help! Burci
  3. Hi All: It is my turn with Midland. I have been reading and learning, but I will definitely need your help and feedback. I know for 10K this is not likely to go away, so I’m ready to fight! Here is my info. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Suttell & Hammer 3. How much are you being sued for? 10K+ 4. Who is the original creditor? Chase, but the original account was opened with Providian and then Chase bought Providian. 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state Yes, pocket service not filed with court yet. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent debt Validation request. 9. What state and county do you live in? Clark County, WA 10. When is the last time you paid on this account? 07/11 11. What is the SOL on the debt? 3 or 6 years not sure. 12. What is the status of your case? Been served. Not filed with court yet. I have 20 day to respond. 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. Yes 15. How long do you have to respond to the suit? 20 Days We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? See below, no interrogatory. 16. What evidence did they send with the summons? An affidavit, a statement from the OC, a redacted bill of sale. Complaint: 1. Plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action. 2. The defendant, Barney Ruble, is believed to be a married individual and as such incurred the below referenced separate and community obligation. Defendant resides in Clark County, WA. 3. That at all times material, defendant has been the obligator of a certain credit account bearing #xxxx, originally issued by Chase Bank USA which has been assigned to plaintiff. The last date of payment is xx-xx-xxxx. 4. By the use of said credit account, said defendant became indebted on said account for goods, services, and monies with the charge off balance of $xxx, and a current unpaid balance $xxx which is fully due and owing to plaintiff, together with such greater sum as may be proved at the time of trial, together with interest thereon at the highest legal rate. 5. Plaintiff may be entitled to attorney’s fees either by contract or statute. Plaintiff requests an award of attorney’s fees, as determined by the court. We are debt collectors, this is an attempt to collect the debt and any information obtained will be used for that purpose. Wherefore, plaintiff prays for judgment against the defendant for the sum of $xxx together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff’s attorney’s fees; that such judgment shall bear interest at the highest legal rate after entry; and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable. Dated xx-xx-xxxx
  4. Hi everyone, I was served about two weeks ago and have been researching what to do. I'm a full time student at the moment and will be leaving my job at the end of the month (which means they couldn't garnish any wages either way). The only asset to my name is a fully paid off car (which is going on sale soon actually). I've been forced to default on this card (and a negative balance on their wells fargo checking account) due to health reasons. I've never spoken a word with the collection agency. I'm not entirely sure how close I am to the statute of limitations and my credit reports don't show this account anymore. I know it's been over three years since my last payment but don't know if it hit 4 years (which is SOL for cali). I'm doing as much readin as i can, but being a full time employe and student drains my energy and time, any and all help is appreciated! Thank you guys for having this wonderful forum to help people fight back! Here are the answers to the standard questions: 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brachfeld Law Group, P. C. 3. How much are you being sued for? $8,553.42 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 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) In Person 7. Was the service legal as required by your state? I beleive so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Haven't spoken one word to them, ever. 9. What state and county do you live in? California, Los Angeles North-Central 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I coulnd't find the exact info on this, but over three years ago. 11. What is the SOL on the debt? 4 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). The court's website couldn't find my case number, i guess i'm just served. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. I haven't done anything. 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? 30 days Charges are: A) - An open book account for money due - because an account was stated in writing by and between plaintiff and/or Plaintiff's assignor and defendant in which it was agreed that defendant was indebted to plaintiff and/or Plaintiff's assignor - for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff or plaintiff's asignor - for money lent by plaintiff, or plaintiff's assignor, to defendant at defendant's request (the sum of $8,553.42) - for money lent by plaintiff, or plaintiff's assignor, to defendant at defendant's request - for money paid. laid out, and expended to or for defendant at defendant's special instance and request - Other: By the terms of the said agreement(s), Plaintiff or Plaintiff's assignore provided defendants, and each of them, with services rendered and/or goods, wares and merchandise and/or extension of credit at defendant's special instance and request and in consideration thereof defendants promised to provide payment in the sum of $8,553.42 and interest thereon which defendants and each of them failed to provide. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ So i've sone some reading and it seems like I can answer with a general denial? I saw this form: http://www.courts.ca.gov/documents/pld050.pdf So I guess step one is to just fill this out and mail it to the court and the law group? How would i answer question #2 on the form? I also read to send a BOP to them, but i don't know what that is or where to find one. Would i sent it at the same time as my "answer" just mail it to the court and the law group? Also, the court they liste is one city over, i live about 13 miles form teh courthouse, any way to change the venue? Thanks to everyone that helps in advance!
  5. I filed my Answers and Affirmative Defenses, but I need help in answering Request for Admissions. If I admit any of these, then they have nothing to prove.
  6. Spent hundreds of hours over the last 4 months reading this forum and defending myself against a JDB (Midland Funding LLC w/ law firm Suttell & Hammer representing them) to no avail. Got served in March, filed Answers affirmative defenses, notice of appearance, answers to admissions, request for admissions, request for documents and interrogatories, sworn denial, motion to dismiss, motion to strike bill of sale, motion to strike affidavit....everything sent with certificate of service AND sent certified mail. Went to court yesterday to defend myself against a Summary judgment, Judge ignored everything I filed, and everything I said in court. I even requested serving the plaintiff with a subpoena to verify the debt....He just said "denied". So let me just give anyone in Island county washington a piece of advice. Dont even think for a second you will get Justus in the court system here. Dont get your hopes up reading this forum thinking you have a chance. You dont. Not here.
  7. MY MIDLAND "START TO FINISH" STORY After struggling with this debt collection nightmare with Fred Hanna and Midland Funding for over a year it all ended today with a judgment in favor of me, the defendant! The road was long and included the dunning phase, a case filed in magistrate court (dismissed without prejudice) and then re-filed a few months later in State court. Because I was also suffering being laid off from my job, I can’t even explain the fear and stress I experienced during this whole process. But I really want to share this experience, because it has ended with a positive result – Midland abused the legal process and tried to bully money out of me without a shred of evidence, and in the end, both midland and Hanna's laughable attorneys looked like fools. DISCLAIMER: I'M NOT A LAWYER. NONE OF THE FOLLOWING IS INTENDED TO BE LEGAL ADVICE. IT IS SIMPLY MY EXPERIENCE WITH THE COURT SYSTEM AND THE JDB PROCESS. IF YOU NEED LEGAL ADVICE, CONSULT WITH AN ATTORNEY! THE DUNNING PHASE Prior to Midland filing the suit in Magistrate Court, I received a “dunning” letter from Frederick J. Hanna & Associates, P.C., a debt collection law firm here in Georgia. The dunning letter contained such little information about this debt they were pursuing on behalf of their client, whom I’d never heard of and I seriously was scared and confused. I started researching and uncovered the treasure trove of information regarding the “dunning” process. I sent a request for validation of the debt to Hanna (within the 30 day period) and immediately checked my credit reports. I found that Midland Funding was reporting this debt to all my credit reports under the name “Midland Credit Management”. Again, shocked and confused, I sent Midland a letter Certified Mail Return Receipt Requested and asked for a validation of this debt and confirmation of Fred Hanna’s representation of them in this debt collection pursuit. I never received a response from Midland whatsoever. Fred Hanna’s office sent what they called validation of the debt, which was basically a recitation of what their first letter said, giving me no more information than before. So, from the get go, I was very suspicious and skeptical of both Fred Hanna and of Midland because I assume if one did in fact own a debt and was pursuing it, they wouldn’t be so secretive about the details of the debt. (I didn’t know at the time that the actual information junk debt buyers or debt collectors had about any debt they pursued was minimal). THE MAGISTRATE COURT CASE Approximately, one month later, Midland Funding LLC filed a “suit on account” in Magistrate Court against me in Georgia for a little over $6,000. No documents whatsoever were attached to the complaint. They titled themselves “Midland Funding LLC Assignee of Chase Bank USA NA” as the Plaintiff. At this point I was pretty ticked off because I had tried to find out more information about this “debt” I supposedly owed but got so little from Hanna and NOTHING from the actual company who was supposedly owed this debt and worse, they were reporting negatively to my credit report! My train of thought is, if some stranger knocked on your front door and claims to be collecting a debt for Joe Blow, which you may or may not have owed years ago, would you just start writing the check? I’d hope not! There’s so many fraudsters out there today so it was not unreasonable that I asked for some kind of documentation to ease any of my concerns. So, in Magistrate court I filed an answer and the process was fairly simple and relaxed. I basically said that I didn’t believe I owed this debt and this company is unknown to me and unresponsive to requests for information. It was scheduled for a “trial” about three months after it was filed. I say “trial” in quotes because it was anything but a real trial. It was basically two lawyers from Fred Hanna’s office sitting at two tables with a huge stack of files calling people up one by one to “talk”. The judge is present but pretty much only to put a signature on the settlement agreements or dismissals after the talks. By the way, these were all debt buyer cases, not original creditor cases. I watched person after person go to have their “talk”, none of which questioned the legitimacy of the debt whatsoever, That just boggled my mind and it became apparent why I never got any answers from Fred Hanna or Midland – why do the extra work when we don’t have to? After all 95% of the cases in this particular jurisdiction are default judgments. The lawyers used phrases like, “this kind of thing never goes away…”, “let’s just go ahead and take care of it now…” and make it seem like any settlement offer with the slightest discount is a huge favor to the defendant so they feel pressured to just agree. Only one person of all the defendants there had a lawyer. There was some quiet whispering between the two lawyers and I doubt any agreement actually resulted, it was probably just dismissed. When it was my turn to go up, the first thing I said was “Before I will make any agreement whatsoever, I would like to see some kind of documentation that you own this account.” That just messed this lawyer’s streak of “consent judgments” and he immediately got aggressive. He put a credit card statement in front of me and said “isn’t this your debt? Didn’t you live at this address?” I stuck to my guns, told him “So what if I did, I asked for proof, not this.” At that point, we had gotten a little loud I think, and it he flatly said, “Fine, we’ll just re-file this.” I said, “Great, and maybe then you’ll actually provide the proof I’ve been asking for this whole time.” So the judge signed off on the Dismissal without Prejudice. While walking out of the court room, the next defendant after me started raising hell with the lawyer. Apparently, I started a chain reaction. [Continues next...]
  8. I've read a whole lot of threads regarding the ANSWERING of a Junk Debt Buyers' AKA Plaintiff's Request for Admissions and Interrogatories. But where are some good suggestions for the Defendant's (aka me) Request for Admissions and Interrogatories? I am looking to send a pre-emptive strike against a JDB's Atty here in GA (they've filed suit against me despite repeated requests to validate debt and a previous attempt at filing suit against me (which was dismissed without prejudice) Ive already done the request for production of documents this week. I have NOT received the Request for Admissions and Interrogatories from the plaintiff atty but from what im reading in these forums, i probably will soon. So, I wanna beat them to the punch! Basically my objectives of these two things to is prove they had they have no legitimate proof to substantiate their claim against me and to continue to build my counterclaim against them for failing to validate and other FDC FCRA violations. Any resources? Im in Georgia btw