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Found 2 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? 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.
  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
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