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Found 17 results

  1. 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.) It seems to be in-house lawyers for Midland Funding 3. How much are you being sued for? $2496 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank/HSN 5. How do you know you are being sued? (You were served, right?) Yes. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes. And he was quite nice. 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? I honestly didn't see anything via mail. As far as I know, it was just calls to my cell phone. 9. What state and county do you live in? Florida, Bay County (Fourteenth District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Apparently February 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: 4 years. Statute of Limitations on Debts 13. 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). We had a pre-trial conference, where the judge suggested we retire to a room to mediate; however, we were at an impasse. Because of this, a trial date was established for July 24, in judge's chambers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Once HSN stopped sending letters, I'd forgotten all about it. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. 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? No, no questionnaire that I saw. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. This is what's listed (they sent me a huge packet of documents): * Original Creditor Statements * Assignment/Bill of Sale/Seller Data Sheet * Letters to Defendant Basically, several credit card statements from HSN, along with three letters from Midland Funding that I never received. They also included: * Notice of Filing Documents in Support of Entry of Final Judgment * Plaintiff's Notice of Introducing Documents at Trial and Witness List * Plaintiff's Notice and Motion for Records Custodian Witness to Appear By Telephone at Trial * Plaintiff's Motion to Continue Trial (In the Plaintiff's Motion to Continue Trial, they state that they have opened a "dispute investigation and will be mailing a request for additional information and documentation to the Defendant to support her claim" (my claim was that the balance and date of last payment was incorrect). To date, 3 days before the court date, I've received no such request) 18. How did you find out about this site? I searched for information on being sued by Midland and this seemed to be the most helpful and insightful forum. ❤️ 18. Read these two links: I did, but I'm not sure if my refusal to settle at mediation constituted a waiver of my right to arbitration.
  2. Good afternoon I disputed a MCM/Credit Ine on my Equifax CR several weeks ago. I received a letter today at my correct address with a copy of Credit One statement that was sent to a wrong address. The letter states they had received the disputed item from Equifax and ask what are you disputing? Our records... In reading another forum it states the shady tatitics MCM will go thru to collect a debt. The original Credit limit is/was Less than half of what they are saying I owe. That being the case I do believe that I would have paid such a small amount. The forum states to file a claim in Small Claims Court for violating FDCPA and FCRA. It also says they will NOT accept a "pay to delete" The Pay To Delete with an offer of 25% is something like $60 more than the court cost. It's such a small amount and is 4 years old. I just need it gone but DO NOT want a Small Claims suit backfire. A sample form from my county ask the amount I am suing for. What figures should i use if I decide to go this route. I just want it deleted. Not settled Deleted. Thanks for any advice or experience in dealing with them. M
  3. Hi. First time posting here. I had found another thread about this but it was rather old and it didn’t help me since I didn’t get the acronyms and I’m pretty inexperienced. Today I got a pre-legal notification from midland credit management about an old cc acct that has gone unpaid since 2013. It says that they’ve made several attempts to reach me which is true they call and send me letter that I always ignore, and that they’re considering forwarding my account to an attorney. Now this account is only a little over $500. Would they really sue me for that ? Also, I recently moved and this letter had been sent to my old address. I just got it to my new address today ... It’s dated 2/9/2018 and it says they needed to hear from me by 3/11/2018. So that’s way passed that now... I assume they’ve called me but again I don’t answer unknown numbers. What do I do ?
  4. Need all the help i can get. Complete newbie to any of this. Being sued for almost $900 by MCM through a Syncrony Bank Card. Served past friday. I would really like to avoid court, but no idea if that's an option. Anyone willing to offer guidance?
  5. I started receiving letters from lawyers last week wanting to represent me in a lawsuit so I did a search of the courts in my county and sure enough there is a suit against me from Midland Funding LLC. I called the court to confirm and was given the case number, the date it was filed, the person who was suing me and the amount. Well, I just got served this evening by a private processor. I received a packet of papers that includes something called "Plaintiff's Original Petition" which is about a page and a half that incudes I.FACTS, II.CAUSES OF ACTION AND CONDITIONS PRECEDENT, and III.PRAYER. Next is something called EXHIBIT A which is labeled AFFIDAVIT OF JENNIFER WIDHALM. Then there is a nontitled page with my name, contact information, a blacked out account number, acct open date, sale amount, 1st payment date, 1st payment amount, and last purchase date. Then there are 11 pages of information about an account with Dell Financial Services. On the bottom of the page it says "Data printed by Midland Credit Management, Inc from electronic records created, maintained, and provided by Dell Financial Services, LLC. Then there is another document titled Exhibit A BILL OF SALE starting with page 49 of some "redacted" document that describes Midland Funding "purchasing" the debt from the "seller" identified as Dell Financial Services. There is an exhibit B titled "CLOSING STATEMENT" which is about one page of a lot of "redacted" information. There is a WEBBANK bill of sale among WebBank, Dell Revolver Company, and Dell FInancial Services. A Schedule 1 which is a one liner identifying the JUNE WAREHOUSE JUNE 2013 sales WebBank.xlsx. Lastly there in AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR (WebBank). My question is NOW WHAT DO I DO? I have read many of the posts on here for representing oneself in circumstances like this. But where do I start? Any help pointing me in the right direction is greatly appreciated!
  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 blocking my mortgage I settled (I had them by the balls but I needed the mortgage so it was for a minimal amount that I settled) the account that went to Midland was on the report but no action taken. I had to reach out and settle with them to show it was paid off to get the mortgage. In both instances I let them know I had sued Chase and the items had been removed by Chase. The Midland account is still on my account (as paid) but it is a degratory account and hurts my score. The MCM was entirely removed 1. Does this open up the ability for me to go after Midland/MCM? Even just to get the Midland Account entirely removed from my CR? Thanks
  7. I had a collection from MCM on my CR's. I was able to have the TL deleted. I believe the SOL has passed. I am not exactly sure of the DOFD. MCM has not provided a lot of info. I was able to obtain when the last payment was made from the OC. My wife and I would like to apply for a FHA loan within the year. It has come to my attention that FHA loans require collections over $2000 to be paid, settled, or payment arrangements made before the loan will be approved. Unfortunately, the amount owed is just a bit over $2K. Although the TL has been deleted, I feel that when mortgage inquiries hit my CR the TL will reappear. Since the TL was deleted, MCM has sent monthly settlement letters that I have not responded to. We recently moved back to TX and I have not received any letters. I have changed my address thru the USPS and have updated my new address with current creditors. Recently, I found out that the OC sold the TL to MCM with an incorrect balance. I am awaiting a refund from the OC. I spoke with the OC who gave me the balance owed but that does not match what was listed on my CR. It does not match what the OC told me was owed when I initially contacted them 2 years ago. I was also told that MCM had tacked on a $200 charge as a collection fee. This info was all explained to me via phone. I will have to attempt to follow-up with the OC to obtain this info in writing. If and when the TL reappears, I will be able to dispute the current balance if it is still incorrect. I do not want to pay this debt. I always felt the amount owed was wrong and now the OC has confirmed that. This TL was opened without my permission, using my SSN but I can't claim identity theft which might jeopardize a family member. I should since they had no regard for my well being but can't. I still believe the new balance is incorrect. When I first noticed the TL on my CR, I immediately called the OC to obtain as much info as possible. I was given limited info, told to call MCM, and that all records had been sold to the CA. Approximately 1.5 years later, I was contacted by the OC and was told I was eligible for a refund. I asked how they calculated the refund as all the records were sold. My request fell upon deaf ears. After talking in circles with the OC, I hung up frustrated. If the lender wants me to pay off the debt, I will. I do have a few concerns. If I pay less then the amount owed, wouldn't that reset the SOL. Couldn't MCM then sue for the full amount or sell the remaining debt to another CA? Wouldn't paying the debt, in full or partial, lower my credit score? MCM settlement letters state "If you pay your full balance, we will report your account as paid in full. If you pay less than your full balance, we will report your account as paid in full for less than the full balance." I have to admit that I do not trust MCM. I've worked hard to remove negative TL's and have been paying my current debts promptly for the last 4.5 years. Should I settle sooner rather than later so my score has a chance to bounce back? Can MCM tack on a $200 collection fee? I also feel that since the SOL has passed or will shortly, I will be in the best position to negotiate before the mortgage inquiry. This forum has been a tremendous resource. I thank everyone for their guidance and input. For anyone who's just starting their credit repair journey, I offer this advice...don't give up, be patient, responsible, and you too can achieve a higher credit score. Thanks again for any suggestions or advice.
  8. I have learned a lot in two days of browsing and I greatly appreciate all of the information here so far. I have one quick question. Midland Credit Management aka Midland Funding is on my credit with a suppsed debt to a bank. They initially said I owed $5,XXX and every month or so, that amount has increased to over five figures now. Anyway, I called TransUnion about something unrelated and they tell me over the phone that it's actually scheduled for deletion off my credit report NEXT MONTH. Such joy. One report says that the date of first deliquency is April 2008, another October 2008. Should I use this information to remind these two agencies that this needs to come off my report. I am keeping a copy of my report just in case Midland tries to reage the credit or changes the date somehow. Do you think I will be able to get this information from Equifax and/or Experian somehow? Thanks for reading!
  9. I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you. Bellow is the copy of the affidavit Affidavit of indebtedness Kassy Schlichting, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf. 2. I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following: 3. MCM's records show that the defendant(s) owed a balance of $1198.04 as of 2014-03-05. 4. On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21. 6. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct. Date MAR 14 2014 signed by Kassy Schlichting STATE OF MINNESOTA COUNTY OF STEARNS signed and sworn to (or affirmed) before me MAR 14 2014 by Kassy Schlichting. Notary Republic signed it my commission expires Jan 31, 2018
  10. In March of 2013 I had received a letter from Midland MCM for an alleged debt. I in turn sent a certified debt validation letter to said company. A few days later I got a letter back from MCM stating that based on the information they would remove all MCM activity from all three major credit reporting agencies. Also they Never provided any debt validation. I looked at my report and they looked at my report in December of 2013 for "collection" reasons. I am wondering how they can still do that after the letter they sent me and also not giving me debt validation as well per the 30 days on my letter. I assumed after they stated they would no longer be reporting on my credit , why are they still hard hitting it?
  11. Hello all! A while back I started a topic asking for advice with regard to setting aside a default judgment and was very impressed with all of the help I recieved. The default was set aside and MCM did not oppose my motion. Now I have a CASE MANAGEMENT CONFERENCE on January 14th and I have some serious questions on how to prepare for this. 1) I was asked to submit a Case Management Confidentiality Statement. Previously I asked if http://www.courts.ca.gov/documents/cm110.pdf was the form I was looking for but never recieved a response. Before I go crazy trying to fill it in maybe someone can verify this for me? 2) Is there any information on how this form is addressed? For instance, it asks for a lot of dates and it asks information about discovery as well as questions for the plaintiff. What I would like to know if I need to have dates or discovery and do I just leave questions blank or is there a preferred format for addressing those? Any supplemental paperwork I should add? 3) What is a Case Management Conference and what would one expect from this appointment? 4) Lastly, any further advice anyone can think of with regard to this? Background on case: A long while back I applied for a Target Visa (I already had a Target Red Card) and was denied. Come to find out a few years later that there were 2 Target Visas in my name that were maxed out. Contacted Target and the rep. said that there shouldn't be 2 cards under the same social because the social is what they use to generate the cards. At any rate, the last I heard was that they would look into it. Life goes on and all is forgotton. Received a default judgment from MCM suing me. Never was served. Fought it with the help of the Law Librarian at CCC Court Library and you wonderful people here *huzzah!* The case is over 1 of the 2 cards. Once the default was sentenced I started to finally receive letters from MCM in another language for what apparently is the 2nd of the 2 accounts. Not sure if this second account can be combined into this open case or not but need help figuring out how to get these both out of my life and continue living it. Thank you for reading and any advice in advance!!
  12. Today I got back the results from my latest dispute from equifax: YES! But NO! I look below at the complete updated report, and see that the same account # is now again in my report with "Item As Of Date Reported" = today, same date as the results. Except now it is being reported under "Midland Funding LLC". By the way, the account is paid in full, $0 balance. I still have another TL with Midland, are they just trying to strongarm me into calling them or paying the other account? Is this legal what they have done? I do keep copies of every report I pull direct from all 3 CRAs and copies of every dispute results.
  13. okay heres a fun one. I had one account with midland funding in arbitration and one account with MCM that had sat for 3 years that I disputed and tried to get removed via the CRA's and directly with them. MCM never responded to my dv requests. I applied for a mortgage but got denied till I got rid of the above "collection" accounts I sat on it for a day and decided to settle. Needed the house and couldn't afford to sit through Oregon's laughable arbitration (since it was after my closing date ) just so I could go back to court again. I settled with Midland funding for 1/7 of the total. I called and settled with MCM for 1/2 of the total. In neither case do I admit to oweing the debt just that I had to pay them off to get my mortgage. wait for it...... yep just got 2 1099 c's from midland funding. one for each account and the amount of debt discharged is screwy on both of them. The information I have been finding on the boards is all over the map. file this form, write a hand written note, declare insolvency, sacrifice a goat on a full moon in July....etc..etc... Is there a clear, concise direction in this forum or elsewhere as to what my options are in this matter? To keep it focused lets forget the insolvency route wouldnt work in my case. thanks
  14. Today, I received at letter in the mail from Midland Credit Management. Upon opening it, I assumed it was DV or something regarding an account that I am currently disputing. I quickly realized it was for another account that is 100% not mine. I’d like to provide a little back story so that I deal with this appropriately. I noticed a collection from Midland Funding on my CR. I requested DV, disputed with the CRA’s, and filed complaints with the AG and FTC. The debt was paid in full but the OC screwed up and I don’t have a lot of proof to back up my claim. Midland has refused to validate because I didn’t send the DV during the 30 day period. I never received a DL from Midland and only became aware of the debt by reviewing my CR. I sent the DV as soon as I found out about the debt. 1 CRA has deleted their TL. I am awaiting response from the other 2. I suspect that those TL’s will also be deleted. As mentioned above, I received a letter from Midland that offers a couple of settlement options. The letter states “We want to work with you to repay this account and we will not sue you for repayment. Due to the age of this debt, this account is not being reported…payment or non-payment will not affect your score.“ My question is how should I handle this letter? Should I send a cease and desist letter. Ask for DV? I find this letter quite amusing…it’s not my debt and it’s out of SOL. However, I want to handle this the best way possible. After researching and dealing with Midland, I can honestly say they are crazy!!! I just want to insure that any action I take, regarding this false account, won’t affect my current dispute or request for DV. I’m not sure what type of game their playing.
  15. I have a letter for pre-approval on a debt to pay back from Midland Credit they have given me 3 options or call to set up payment plan. Should I accept this or wait for them to sue me? ;0 Thank you in advance.
  16. I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013 Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and MCM and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally??