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Found 3 results

  1. 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.
  2. 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 Office, P.C. 3. How much are you being sued for? $1,964 (plus $530 attorney fees) 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) Given to my husband when he answered the door 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 11. What is the SOL on the debt? To find out: 6 yrs 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). Mediation scheduled in June, Plaintiff no-showed, I filed motion to dismiss w/out prejudice, they responded saying that’s too harsh and citing some case, my motion was dismissed and mediation rescheduled for next week. I submitted my original answer within a 10 day window. I said I admit to none of it and that I have not entered into any agreement with Midland and do not owe them anything. I said I do not know who they are and have had any prior contact with them. That was in June, I’ve done a little reading since then and wish I answered a little differently but it is what it is. 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 responded in the correct time frame. Yes I received the interrogatory and did nothing – do I have to respond to that? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of balance owed, WF Card Agreement, Bill of Sale, e-Record of account pursuant to bill of sale, Notice of new ownership and a statement from Dec 2010. I value your assistance please and thank you! J
  3. I have been lurking on CreditInfoCenter for months and I want to thank all of you for the great advice. I have had Midland Funding drop 1st case against me and now I am fighting them on 2nd case. Background: Current case in Maricopa County, AZ (Phoenix). They are suing as assignee of Chase even though Chase was not the OC on any of the accounts. This one is a WAMU Account sold to Chase sold to Hilco Receivables sold to Midland Funding. The one I fought them and they dismissed was the same as this one. I originally had 4 credit card accounts we are dealing with the 2 above and 2 more that went Providian sold to WAMU, sold to Chase, Not sure of trail here, now at Midland Funding. I am arguing hearsay and standing on all of them. From research I have found that when WAMU was bought via FDIC by Chase, there pretty much were no lists of accounts so no true bill of sale per accounts ( at least not for mortgages, so I can not imagine if they did not list $200,000 home loans I am pretty sure they did not list $3000 unsecured credit accounts). I moved to Pennsylvania recently. I made court and Jerold Kaplan law firm aware we were moving months ago and have filed proper docs with court (They actually filed against me after I informed them I was moving). Round Trip Airfare and car rental to Phoenix is going to cost me around $350 to $500 depending on deals. Kaplan of course has threatened everything under the sun and moon and tells me they will require me to show. ( I know they can not and judge already told me I could appear telephonically at pre-trial) and in same breath they might have Midland drop case and refile in PA. I want to show and I want to pummel them, but they filed to dismiss case at last minute last time ( I would have shown, but it was interfering with our moving dates and that allowed me to get cross country trip started earlier). If I buy tickets and rent car before hand they will dismiss and I will end up spending all that for nothing. If I object and show up can I get the judge to rule in my favor with prejudice to keep them from refiling in PA again (still inside SOL). Can I make them pay my travel costs? Question 2: My ruined credit report. For these 4 accounts: I currently have 4 negative line items for Chase, 5 account lines for Midland (one is listed twice with slightly different numbers), 2 line items for Hilco and 4 collection listings for Midland. All total these 4 accounts are showing as 15 negative items on credit report. I am in process of disputes now getting more and more threatening as we go. Can I sue them to remove the lines using the same hearsay and standing arguments in court? There is no way they have any docs to support these accounts as Providian is now gone like 7 years and WAMU really had no sale docs to Chase, let alone all the steps in between. I have disputed, followed up and I am now demanding proof or removal from credit bureau or lawsuit. Can I sue them for the $1000 per incident violation amounts listed in FCRA Sect 602 through 616. I think that the threat of this will get everything removed, however, if they choose to fight, winning is nice, but getting paid for the myriad of time allotted would also be nice.
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