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Found 835 results

  1. Mloske

    Midland lawsuit HELP!

    Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
  2. So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons. Your mind is spinning with all the options you feel you have at this point (and I know first hand that those options seem crappy) but the very last one on your list is "Fight these *expletives*". I'm sure it is the VERY last thing you think you could ever do and the thought of even being successful feels like a long shot at best. Well YOU'RE WRONG!!!!!! It's not as hard as you might think and the odds of you winning when going to court with a JDB (junk debt buyer) are more in you're favor than theirs 90% of the time. They are unwilling to buy the evidence they need to win and have to get someone to vouch for the docs they want to use anyway. So it's a matter of following the rules and calling their bluff and the odds are well in your favor. I am a 33 year old high school grad and work as a Paramedic for the past 12 years. I have a year of college education before becoming a medic so that gives you an idea of where I started my journey on this forum. I have been to the court house, not court before a judge, all of about 2-3 times in my life before this, and those were for traffic infractions. I have NEVER been in a courtroom and I was, to put it lightly, inexperienced in the area of law. So along came this forum and the people that are on here. These people are AMAZING and taught me how to fight my case. Now if you're here to have someone do all this for you then you need to reevaluate your intentions. YOU and only YOU can legally fight your case unless you hire a lawyer. So you need to understand everything about your case so you can defend yourself if your case makes it to court. Read this thread by Coltfan. It really helps us understand standing since it's the key to a JDB case, or any court case. This is how you take apart the JDB's case by making them prove they have standing to sue. Guess what, they usually can't. Two days ago I had court and today I found out I won my case. Here are the docs that I used while fighting Midland. These docs are for your reference and are not legal advice. You need to understand how they apply to your case and what is contained in them in the event you have to articulate a point to a judge. This case was in California and as such case law applies to Cali. Study your local court laws to find due dates for motions and other items. Please read around this forum since your case may not fit mine and other options might be better suited. I used a general denial since the content of the complaint wasn't verified. This, in my opinion, gives the JDB very little to grab hold of if you were to use the wrong affirmative defenses. KISS method, you know. I tried to play as stupid as possible to keep from tipping my hand that I was building my army. Just remember do you really want to ask for docs that will only help build their case against you?? All docs you send to the plaintiff need to have a proof of service attached and signed by someone that isn't a party to the case. Send everything, and I mean everything, by Certified Mail Return Receipt Requested (CMRRR) so you have proof they got it. Save the green card you get in the mail and attach it to your copy of the doc it applies to so you can reference it easily if they say they didn't get something. (Not uncommon) As you get docs from the JDB put them into a binder that is divided into sections so you can easily find what you need if you go to trial. It's easier to do this as you get them than later when you have a huge stack. I got my summons and answered the complaint with the general denial. Do this first since its due no more than 30 days after you were served. I sent my Request for Docs to start my discovery: My Request for Production of Docs (Discovery doesn't get filed with the court so just save copies and the CMRRR for each one you send) They sent me RFA, ROGS and Doc request and I responded: Response to Plaintiff's Request for Admissions Response to Plaintiff's Request for Docs Response to ROGS They responded to my Request for Docs with junk. Junk that most here seem to get in their discovery. When I say junk I mean nothing proving real ownership of your account. At this point I had a choice since most JDB's will respond with as little evidence as possible (since that's all they have). You can either send a Meet and Confer if they don't respond with the evidence needed to prove ownership. If they still side step you then you will have to file a Motion to Compel. But again do you want to tell them you know their docs won't win in court????? Because that is what you will do by forcing them to produce better evidence. Isn't the point to have a better case than your opponent? I was in the process of prepping a MTC and opted to just keep my mouth shut and drill them at the last second when they didn't have much time to work with. Here is the MTC and separate statement but again I never used them. So next was our Case Management Conference (CMC). The CMC is VERY basic and nothing to stress about (but you still will, I did). Dress for war since this will be the first time they get to size you up. This will be in front of a judge so be ready for that too. You will just be asked if things are going as planned and if anything needs to be ironed out. About 99% of the time the JDB lawyer will try and push trial back in hopes you will loose focus and forget something. Didn't work in their favor this time. You can try and fight this or use it to your advantage too since time can work on your side too. Be sure to file a CMC Statement prior to your CMC. After this I opted to go the route of being silent and vanished like a fart in the wind until 45 days before or trial date. This time was a total of 4 months since the rent a lawyer that they hired for the CMC pushed to have the trial moved as far out as they could. So at this point (45 days out) I sent my CCP 96. The CCP 96 makes the JDB disclose everything they intend to use in court. If they don't disclose it then they can't use it so it's a 100% mandatory tool in your case. DON'T MISS THE DEADLINE FOR IT!!!!!!!!! They will most likely respond with the docs they are going to use and any witnesses they plan to use. Most of the JDB will have a CCP 98 (affidavit in lieu of live testimony) submitted in an attempt to get the bogus docs past the business doc hearsay rule with out having to use a live witness. The key here is to subpoena the witness that is listed on the CCP 98 at the closest address to the court. The reason for this is that 99% of the time that person isn't going to be available for personal service there. Notice I say personal service, per CCP 1987(a) the service of a subpoena must not be in care of. It has to be to the witness. DO NOT let the JDB try and side step this. (Edit 6/25/13 - there is now Cali case law about the CCP 98 service. Calawyer posted a thread about it on the forum. Be sure to include it in your brief and MIL because they will attempt to side step the fact that service was unsuccessful.) So per CCP 98 you can attempt to serve the witness 20 days before trial at the address given. They address they give must be 150 miles at MAX from the court. If it's further it doesn't follow the code. They tried to give me 5 addresses to use for service but only one was in the 150 miles and that address was vacant (not good for them). So fill out a Subpoena and have the Sheriff Dept in the county where the address is listed attempt service. If they don't then use a process server. Be sure the server knows that service needs to be to the witness ONLY. It's the law. If service is unsuccessful then you can submit a Motion in Limine just before trial to get the CCP 98 affidavit tossed out. With no witness they have no way to back up the docs they want to use for evidence. I wrote this to help those after me understand why attacking the witness is so important. So next is the Motion in Limine and the Declaration in support of it. This will get the affidavit in lieu of testimony tossed and basically kill the case. No witness to back up the docs then the docs are hearsay and they can't prove they have standing. You also need to file a Trial Brief before trial. This presents your case to the judge. This will educate, him or her, as to why the JDB has no case. It has case law and references to codes of civil procedure in it. It's your case in a nut shell. I also filed a Request for Judicial Notice. This points out facts that may become part of the trial that are so obvious that they can't be contested. An addess is either outside the 150 miles or its not, no debating that. I submitted the request to point out that the mileage for 4 for the 5 CCP 98 addresses were clearly outside of the 150 mile range stated in the statute. I attached printouts from Google maps showing the miles. The MIL, Brief, and judicial notice all need to be sent to the plaintiff too. CMRRR remember? Here is a 60 day pretrial checkoff that was written by Seadragon. Links have been added to the appropriate docs. Next comes trial, if it gets that far. Wear a suit, rent one if you have to. I live in a county that has a fair amount of low income people and when I got called up by the judge I heard a guy behind me say "I thought he was a lawyer". That's what you want. Take your trial binder that you made. Act professional, it will go a long way with the judge. At the beginning of my trial the judge asked opposing counsel if he was a lawyer. I think he was so unimpressed with the lawyer's appearance that he really didn't think he was a lawyer, needless to say the lawyer was PISSED. I'm going to stop here for now. By this point you will be asking questions on the forum that apply to your case so you won't need this. (Edit: I added more about the trial in a post farther down in this thread at people's request. You can read more there about how trial went there) Just remember you can do it. They are beatable most of the time and they usually get stomped. Why do you think most don't go to trial? Thanks to Calawyer and Seadragon. Without them this wouldn't have been possible. Feel free to PM me with questions. I may not see your thread so you might need to ask me if you have a question. If others want to add to this thread feel free. (Oh and Midland if you read this :'> and send a better lawyer next time. The judge had to ask him if he was a lawyer at the beginning because he looked so lost, that's sad.)
  3. I received a certified letter yesterday from Hayt, Hayt & Landau on behalf of their client Midland Funding, reads it is a "Notice of Deposition in Aid of Execution" I am to appear approx 15 days in court and to bring various documents as proof of income & personal property. This is for a debt that I have no recollection of. It is not on my credit report. This letter came out of nowhere. It states the original creditor is Citibank. I honestly don't remember having a Citibank card, perhaps it was a department store card that Citibank owned, IDK? The letter is not notarized, so I don't even know if this is legit or just some sort of scare tactic from these lawyers. Maybe this sort of request doesn't need to be notarized? What I need to know is what do I do now? What is my next step? I don't recall this debt. If it is a department store card, it is way way old debt. It is not on my credit report. Isn't there a SOL to this? I have nothing, no property, no money, nothing. I lost my job in 2010 & became a full time caregiver for my parents.That job did not pay in dollars. My last parent just passed in April. No life insurance. I need help. Please. Thank you. Quote Edit
  4. I received a letter today from Atlantic Credit & Finance Inc, informing me Midland Funding, LLC is considering forwarding this account to a attorney in my state (Florida - St. Lucie County). The letter states: Original Creditor: SYNCHRONY BANK AMAZON Current Owner: Midland Funding LLC Current Servicer: Atlantic Credit & Financing, Inc. Balance: $4,350.23 Date of Default: 11/15/2017 Last Paid Date: 05/08/2018 (This is not correct as I have not made a single payment since defaulting) I wish to send them a debt validation letter as from what I've read on here, however I am unsure how to proceed with arbitration if they are able to validate. They have only provided me with a P.O. Box to send correspondences to, how can I get a signature with this method? What specifics should I ask for in the letter? I saw someone mention asking for an Original Agreement between me and my creditor. What should I look for in their response to let me know if they may or may not have a case against me? Debt history, invalid/outdated information, etc? Should I mention a possible arbitration or leave it out? Do any of you have a link to a good validation letter sample? Thank you so much for your time. I really appreciate it.
  5. Hi, I am trying to find what the next step to do is. I have looked at some other posts involving Arbitration titles, and not sure what to do. But I did find a questionnaire to help with defining my background. 1. Who is the named plaintiff in the suit? JBD 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under 10,000 4. Who is the original creditor? Citi 5. How do you know you are being sued? I was served papers by it being dropped off, 6. How were you served? (Mail, In person, Notice on door) The first papers where served in person. Dropped off by a guy. The Notice of Assignment to Arbitration was served through the Mail. 7. Was the service legal as required by your state? As far as I can tell Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued. Nothing, they would call and I would not answer them. 9. What state and county do you live in? Oregon, 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). I am not on the outside of the SOL. Not sure when Last payment was made. 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe the date was in 2017. 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). 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 I did not request debt validation. 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? I have 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the first paperwork from the lawyers, they sent NO papers expect the summons paperwork. So the question I am wondering is about my letter of Notice of Assignment to Arbitration. I am not sure what to do, I thought I read that I should wait tell "JBD", sent in there paperwork for an arbitrated, but not sure (cant find it again). I have been going through a lot of forums and different websites to find information on how to fight the JDB. But not a lot of information on Arbitration. Most people just get sued, and it looks like the court sent this letter saying that Arbitration is Mandatory (ORS 36.400 to 36.425). Do you need anymore info? Anything is helpful. Thanks Just edited some names and dates. thanks
  6. I apologize if it seems like I don't know what I'm doing, for I don't. I was very surprised to find out that I was being sued for a nearly 5 year old debt. I wasn't even the one who was served; they served my step-dad at an address I haven't lived at in years (doesn't matter, I know). I don't know what to do. 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.) - Jack H. Pogosian / Alec Weston Hankins / Kristy Gabrielova / Nichol Alan De Guzman / Hyo Jin Julia Jung / Midland Funding LLC 3. How much are you being sued for? - 1,149.82 4. Who is the original creditor? (if not the Plaintiff) - Best Buy 5. How do you know you are being sued? (You were served, right?) - My step-dad was served and then I was told 6. How were you served? (Mail, In person, Notice on door) - 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? - None 9. What state and county do you live in? - CA and I live in Sacramento county, but the case was filed in El Dorado County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - May 2015 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? - 4 years 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). - So far, they just filed suit and served me 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - Yes. 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, I did not. 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? - I have 30 days from when they served "me" which was the 15th of July. 1. States that Midland Funding LLC ("Plaintiff") is a limited liability company qualified to do business in CA. 2. That I live in El Dorado County (But I don't) 3. It says that they're unaware of my true name (it's addressed to my maiden name) and that they'll ask leave of court to amend this complaint 4. "At all times herein mentioned, Defendants, and each of them, were the principals, agency, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted and approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 5. Plaintiff is a debt buyer 6. They're seeking to recover the amount of 1,1449.82. This is the amount due on the credit card account. 7. Plaintiff is the sole owner of the debt. Exhibit A is the copy of the Bill of Sale from CITIBANK to Plaintiff. Account was purchased on 6/29/16 8. Account balance at the time of charge-off was 1,149.82 9. An explanation of the amount that the plaintiff is seeking to recover 10. Plaintiff alleges the date of default is 7/7/15 and that the last payment was made on 5/3/15, which was made to citibank 11. Plaintiff alleges that the original creditor is at the time of charge-off was Citibank and then provides Citibank's address and the account number. 12. Plaintiff alleges that the debtor as it appeared on the records for Citibank was (maiden name) and last known address was (old address) 13. Plaintiff alleges that the name and address of all post charge-off purchasers of the debt are: Midland Funding LLC 2365 Northside Dr. Suite 300 San Diego, CA 92108 14. Plaintiff alleges that it informed me of the assignment of the account and Exhibit B is a correct copy of first written communication sent to me by plaintiff 15. Exhibit C is a true and correct copy of a monthly statement recording a purchase transaction, payment or balance while the account was active 16. The account balance at the time of charge off was 1,149.82 and Exhibit D is a correct copy of a billing statement that was mailed to me stating the balance due on the account at or around the time of charge-off 17. Plaintiff seeks to recover 1,149.82 from me 18. "As alleged above, before filing this suit, all right, title and interest to the account were sold and assigned to plaintiff. Plaintiff owns the account and is entitled to collect of the account as if it were the original creditor. To the extent that plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references herein to plaintiff may include plaintiff's predecessor-in-interest." 19. Prior to filing, plaintiff informed me in writing that it intended to file this action and could result in a judgement against me that would include court costs. Exhibit E is a copy of plaintiff's most recent attempt at resolving the underlying obligation. 20. Plaintiff owns portfolios of consumer receivables, which it attempts to collect, and that they generally attempt to contact consumers like me through several means, such as phone calls, letters, or other means. Midland attempts to assess each consumer's willingness to pay, through phone calls, letters, or other means. Midland attempts to exclude consumers from its collection efforts when they believe those consumers are facing extenuating circumstances or hardships that would prevent them from making payments. 21. That when Midland contacts consumers, it strives to treat consumers with respect, compassion, and integrity. 22. Despite Midland's efforts to reach consumers, only a percentage of consumers choose to engage with Midland. 23. Majority of Midland's consumers ignore calls or letter, and some simply refuse to repay their obligations despite an apparent ability to do so. When that happens, they pursue collection through legal channels, including litigation like the present action against me. "Although the account is now in litigation, plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible." 24. "Plaintiff re-alleges and incorporates by reference the foregoing paragraphs." 25. "Defendant opened, used, and derived benefit from the account through the defendant's own use of the account or by another's use at the defendant's direction. By using the account, defendant expressly agreed or impliedly promised to repay plaintiff." 26. "Within the last four (4) years, defendant became indebted on the account to plaintiff in the sum of 1,149.82 on the account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff." 27. "Regular monthly statements were mailed to defendant listing debits, credits, and balance due on the account, attached as Exhibit D." 28. Last payment made on the account was 5/3/15 to Citibank 29. Plaintiff has no record of me objecting to the monthly statements after receipt. 30. Plaintiff has made demand on defendant for repayment of the account stated but defendant has failed to pay the balance due. Exhibit B is a copy of first written communication requesting payment that was sent to the consumer by plaintiff. 31. "As of the date of this complaint there is due and owing the unpaid sum of 1,149.82. This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off balance of 1,149.82 as indicated on the charge-off statement, attached here to as Exhibit D. WHEREFORE, plaintiff prays for judgement against defendant as follows: On the First Cause of Action: 1. For the unpaid balance of 1,149.82; 2. Costs of suit; 3. Such other relief as the Court may deem just and proper. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Listed throughout above 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I need to respond very soon, so any help is greatly appreciated.
  7. Hello thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk 3. How much are you being sued for? about $2800 4. Who is the original creditor? Synchrony 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 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have sent mail and called. Probably never responded because I may have thought it was junk mail/scam calls. 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? Oct 2014 11. When did you open the account ? Sept 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? suit served 14. Have you disputed the debt with the credit bureaus? I disputed collection agency twice through credit karma (on Apr 2017 and Dec 2017). 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Case Management Conference set for Sept 2018. I have filed a general denial. The only cause of action is ‘accounts stated’. No interrogatory questionnaire received. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A - Bill of Sale, Purchase Price Reconciliation/Funding Instructions, Affidavit of Sale of Account by Original Creditor, Blanket Certificate of Conformity for Notary, Certificate of a Federal Savings Association Title Change, then a page with the electronic record with the basic account info (name, address, phone #, Charge off amount, current balance, Last payment date, etc) Exhibit B - copy of welcome letter from MCM letting them know my account had a ‘new home’ and a statement with payment options dated Nov 2016 Exhibit C - Credit Card statement from OC showing last payment Exhibit D - Credit Card statement from OC showing final balance Exhibit E - Notice of Legal Placement from MCM I am thinking I need to amend my answer.. I had done some research prior to responding but for some reason was under the impression I was sued for breach of contract so I filed my answer accordingly thinking that the burden of proof would be on the plaintiff to prove it was my debt with some sort of signed contract but after filing I re-read the complaint and saw that the cause of action was 'accounts stated'.. I dont believe the affirmative defenses I listed apply.. and I am not sure which ones would apply to my situation. so the question # 1 - How would I amend my answer? is there a certain form? What are possible affirmative defenses for 'account stated' ? I h/ave previously disputed this debt through credit karma a few months after they had allegedly sent the statement (exhibit B.) and then again a few months later. without a contract bearing my signature where is the proof I even owed the OC let alone the JDB.. question # 2 - how do you fight this particular cause of action? how do I legally argue that my silence does not mean acceptance of the debt or imply that I agreed to anything really? how I do I shift the burden back onto them and make them prove that I owe them anything? . question # 3 - This was a joint account but I am the only one listed as defendant to this case.. does that matter in any way, shape, or form? any info, good defenses, etc is much appreciated. thank you
  8. I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. The complaint states I breached a contract. "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit account was issued to the defendant under the account number **************. Synchrony Bank/Gap supplied the credit account to defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fee." The amount owed is not what was charged off in 2014. So I obviously do not want to pay them. The date printed by the attorney on behalf of midland is for Nov. 28, 2016, then the date of Dec. 8th, 2016 was when it was filed, and Dec. 16th of it being received. Thanks for any help.
  9. Thank you OregonActor for bringing this to my attention! I thought it should be shared with any others dealing with Suttell & Hammer. SPOKANE (CN) - A Bellevue law firm works with collection agencies to mislead courts and consumers by using "robo-signers" in Minnesota who sign up to 400 affidavits a day, falsely swearing they have "personal knowledge" of cases in Washington state, to secure speedy default judgments, according to a federal class action. The class claims that Encore Capital Group, Midland Funding, and Midland Credit Management work with the Suttell & Hammer law firm, faxing a boilerplate form to a "legal spe******t" in Minnesota, who signs the affidavit before any supporting documents are attached. "Encore Capitol Group ('Encore Capitol') has developed a proprietary, sophisticated, 'system driven' collection process based on the 'predictive behavior' of consumers (and state courts). In conjunction with its subsidiaries and 'franchisee' law firms (including the Suttell Law Firm) it engages in computer automated, high volume, state court litigation in the collection of distressed debt (purchased at pennies on the dollar). "That predictive behavior results in a very high default rate of judgments of unproven cases or for inflated amounts: 1) because the filing of the collection lawsuit by an attorney implicitly misrepresents that the attorney has had meaningful involvement in developing and evaluation of the case against the consumer-debtor, 2) because consumer-debtors frequently default if it is made to appear that a creditor, represented by an attorney rather than a collection agency has sued them, and 3) because that state courts reviewing high volume filings of defaults and summary judgments will enter judgments if it appears on the surface that documentation supporting the debt has been properly attached to the default or summary judgment package. The debt collectors collecting purchased distressed debt have a significant hurdle to overcome in the collection of large portfolios of distress debt (much of it aged) using the state courts. Due to the nature of the purchased distressed debt, the high volumes, and automation the defendants are unable to meet the requirements of the rules of evidence of providing proof of the records of the debt without misleading the state courts and consumer debtors. "Instead of providing actual admissible evidence of the proof required in a breach of contract lawsuit, the Encore defendants (with the knowledge of the Suttell attorney defendants) hire collection agency employees as 'Robo-signers,' according to the complaint. "The Robo-signers sign several hundred affidavits a day falsely claiming that they are a business records custodian with personal knowledge of the facts. They falsely claim in the affidavit knowledge of the assignment(s) of the debt, the amount of the debt, the interest rate, the default of the debt, the alleged credit card terms and conditions, and the record keeping procedures of every bank in America. "It is made to appear to the state court judges that the debt records filed with the court were attached to the affidavit by the affiant. This is not true. The affidavits are signed in Minnesota by a Midland Credit Management (a licensed collection agency) employee. Only the two (2) page affidavit is shipped to the Suttell Law Firm in Bellevue Washington. A non-attorney Suttell employee sometime later, as needed, selects and attaches documents to the 'business records affidavit' to send to the court for filing whenever a default or summary judgment motion is required. The court is lead to believe that the affiant has authenticated and established the reliability of the records but the affiant does not even know what records will be later attached to the affidavit by the Suttell employees." (Parentheses in complaint.) The complaint adds: "The affidavit is printed on a printer at the desk of a randomly selected MCMI employee, employed in St. Cloud, Minnesota. The person selected to sign the affidavit is based upon when the affidavit comes off the printer and which printer rather than any personal knowledge of the affiant of the account being collected." The class claims that each "legal spe******t" signs 100 to 400 affidavits a day. One spe******t who swore she had personal knowledge that "the plaintiff's predecessor in interest sold and assigned all right, title and interest" did not "have any personal knowledge of who the plaintiff, Midland Funding LLC's predecessor in interest was or even know what a 'predecessor in interest' was, nor what it means to have 'sold and assign all right title and interest,'" according to the complaint. The class claims that Encore developed its business using a sophisticated process that predicts the behavior of consumers. Defendant Midland Funding is wholly owned by defendant Midland Portfolio Service, which is owned by defendant Midland Credit Management, which is owned by defendant Encore Capitol Group, which is a publicly owned corporation that trades on the NASDAQ under the symbol ECPG, according to the complaint. All work out of the same address in San Diego. Defendants are Mark Case, Malisa Gurule, Karen Hammer, Isaac Hammer and William Suttell are all attorneys in Washington state, and all are employees of Suttell & Hammer, the complaint states. The class claims false affidavits were "served and filed in thousands of cases," in violation of the Fair Debt Collection Practices Act, the Washington Consumer Protection Act and the Washington Collection Agency Act. The class seeks treble damages, disgorgement of interest, service charges, attorneys' fees, collection costs, delinquency charges or any other fees collected by the defendants, and injunctive relief. The class is represented by Michael Kinkley of Spokane.
  10. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because nearly half of my paycheck is automatically taken out for health insurance for my family. I can't make changes to my insurance elections until open enrollment for next year. On top of that my student loans just went into repayment, and I have a car payment. Most of my husband's income goes to our mortgage, insurance, and other bills. I've never been taken to court before, so I'm kind of shook up and don't know what to do. Do I need to get a lawyer for this? Is there anything I have to do before the court date (August 30). Is it possible my checks could end up being garnished for this? Is there any way of me possibly being able to get more time to pay this? Any advice would be greatly appreciated. The letter I got reads as follows: ------------------------------------------------------------------------------------------ PLAINTIFF'S STATEMENT OF CLAIM 1. The Defendant(s) owe(s) Plantiff $1437.75, plus a filing fee of $78, plus an e-filing fee of $5.00 for a total of $1520.75 because: The creditor issued a credit account to the Defendant(s). Defendant(s) made purchase and/or received cash advances on the charge account number xxxxxxxxxxXXXX. The last payment made on the account was received on March 25, 2016. The account was charged off by the original creditor on November 18, 2016 with a balance of $1437.75 Midland FUnding LLC owns this account and is successor in interest to Synchrony Bank (Ashley Furniture HomeStore), for this account. Plantiff purchased the account on December 29, 2016, and is attempting to collect the debt. Defendant(s) is/are in default for failing to make payments on the charge account. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 2. The Defendant(s) has/have the following property that belongs to me ____, valued at $____, plus filing fees and costs of $______. For a total of $____. I want the Court to Order this property returned to me or make the Defendant(s) pay me money for the value of the property. 3. I believe the person(s) I am suing is/are at least 18 years old and not in the military service. 4. I understand that if I do not come on my hearing date, my case may be dismissed and I may have to pay the money to the Defendant(s) on any counterclaim that has been filed.
  11. I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that? 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.) Scott & Associates, PC-Carrollton, Texas 3. How much are you being sued for? < $2608.59 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home. 6. How were you served? (Mail, In person, Notice on door) In person, at my home. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Based on what I read there, yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I am not sure if I received anything from them, but I have not personally spoke to anyone. 9. What state and county do you live in? Texas, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Statement in paperwork 6/2015 also states charge off 12/15 11. What is the SOL on the debt? 4 yrs Statute of Limitations on Debts 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). suit served, filed answer, will have to call court 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? Had 14 days, filed generic answer charges are debt collection Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Original Petition - Affidavit of a "Legal Specialist" - 4 Account Statements
  12. 1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks. I’m in Ohio. Can anyone please help me with this?
  13. Hello! I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!! I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depression which then led me to be negligent to any/all bills at the time, including my $1,000.00 credit line. I have not been successfully contacted by phone by collectors since 2012. I don't recall any of the conversations at that time, or if at the time Midland was handling my debt. My problem now is that, since receiving the summons, I have called Midland from my new phone number and attempted to negotiate a payoff amount after reading a forum on another website. My initial and logical sense at the time told me to avoid court at all costs. I honestly DID NOT THINK THAT MY CHANCES OF FIGHTING THIS CASE AND WINNING WAS A REALITY, WHICH IS WHY INSTEAD I TRIED TO NEGOTIATE A LUMP SUM AMOUNT. The lowest they were willing to negotiate for was $1,350.00. They also offered me a monthly payment plan with $675 needed down. I do not have the money to pay this, I am a struggling student in my Senior year & I only make $950 a month. I AM IN EXTREME FEAR OF THE COURT GRANTING THE CREDITOR TO GARNISHING MY WAGES! I WILL NOT BE ABLE TO SURVIVE! PLEASE HELP! I am aware that my conversations are being recorded, there has been a total of 3 conversations since last week, all in which I attempt to negotiate a payment amount and have replied with "YES" when asked, "This amount is for your ********** Credit Card, right?". In all my conversations I have seemed very intimidated by the summons/being sued, and I recognize that. Midland knows I am trying to evade going to court and I believe they are using that in their favor! My questions are as follows: 1) Have I already assumed responsibility to the debt since I called myself to negotiate a payoff amount? This was my initially reaction as I was SCARED OUT OF MY MIND AND THE FIRST LOGICAL SOLUTION I COULD THINK OF! 2) Will changing the story now by asking them to prove it be effective? Or will I waste my time off work at the court house for no reason? 3) If I am proven guilty and must pay the debt, will I still be able to make payments on the total amount? Or will they demand it in full? 4) Would anyone recommend that I continue to negotiate now INSTEAD OF CONTINUING WITH THE SUIT? 5) Is threatening with Bankruptcy recommended in the case that I proceed with negotiating? I only have a few more weeks to respond to the court house and I am extremely SCARED/TERRIFIED! I am so lost and this is ALL SO COMPLETELY NEW TO ME! Any insight/assistance will be greatly appreciated! BTW THEY ARE TOTAL ASSHOLES & DONT EVEN SPEAK ENGLISH CORRECTLY! Please help anyone! Signed, Struggling SF Student
  14. I'd love some help from you guys. I got a summons and complaint 7 days ago. I've literally been doing nothing but researching for the past week. Also, I applied for legal aid, but have little hope they will help. They aren't even slated to contact me until next week. I'm going to be honest with you guys. I need a hand to hold. I have no idea what I'm supposed to do and it feels like a bottomless pit. I have a couple weeks until the deadline. So here are the facts, thus far: 1. I received a summons and complaint between my screen door and main door -along with the business card of the process server- last Monday. I plan to draft a motion to dismiss for insufficiency of service of process under Title 12 of the Oklahoma Statutes § 12-2012(b)(5) and § 12-2004. I've drafted a motion for this, along with a very basic Memorandum and Points of Authority outlining and quoting the above laws (basically stating that service wasn't valid because it wasn't given to me face to face. I plan to also write an affidavit and add it. I know that I have to send a copy of this to the other side and add a section that certifies that I sent it. QUESTION 1: Do I need to file an Notice of Appearance or a statement that I am representing myself Pro Per/Se? DISCUSSION: It might seem a little petty, but I feel like it is my right to be processed competently, and if this is the current local practice, it needs to be nipped in the bud. Also, I could use the extra time to respond seeing as how I am not a legal expert and it takes time to learn this stuff. In fact, I thought about motioning "TO DISMISS PURSUANT TO RULE 12(B)(5) FOR INSUFFICIENCY OF PROCESS OR IN THE ALTERNATIVE, EXTENDED TIME TO ANSWER OR RESPOND TO COMPLAINT." But I don't know if that second ask will make me waive my right to other defenses that I might want to keep. 2. They sent an "Affidavit of Indebtedness" --the official complaint calls it an 'Affidavit of Account' and I would love to point out that distinction if its ever useful to me, but i figure its just a small error and oversight. Still, I have an English degree and we are only second to lawyers about pointing out this sort of error- So the Affidavit is actually pretty much blubber and hearsay. No surprise there. In fact, I pretty much found the exact text of this affidavit online. I'm guessing it's an auto-form document. So, I'd like to motion to strike it from evidence or at least take all the teeth out of it because of the hearsay. 3. The complaint states that (specific info redacted) "1. BUBBA GUMP CREDITOR provided credit to the defendant on account number BUNCH-A-NUMBERS. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $3333.33. An Affidavit of Account is attached hereto and incorporated by reference." 4. The Affidavit of Indebtedness (County of Stearns, Minnesota -- where all the women are strong, all the men are good looking, and all the children are above average, no doubt) states: (SPECIFIC INFO REDACTED) “PATSY MIDLAND, 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 record 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 the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant’s BUBBA GUMP account XXXXXXXXX0000 (MCM Number 0000000) (hereinafter “the account”). I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiff’s behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM in connection with servicing the account since the date the account was purchased by Plaintiff. 2. I am familiar with and trained on the 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 to make the record or data compilation, or for a person with knowledge to transmit information thereof 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. 3. MCM’s records show that Defendant(s) owed a balance of $3333.33 as of 2017-08-21. 4. On or about 2016-11-16, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based on my review of MCM’s business records, 1) Defendant(s) opened the BUBBA GUMP CREDIT account on 2013-01-11; 2) the last payment posted to the account on 2016-03-22; and 3) the account was charged off on 2016-10-23. 6. On or about 2016-10-23, the account was sold from BUBBA GUMP CREDIT to ANOTHER CREDIT SERVICE L.L.C.. The account was then sold to the following debt buyers in order of occurrence on or about: 1. 2016-11-16, MIDLAND FUNDING LLC 7. 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.” 5. This is the only paperwork I have received. And I see a dozen other things I can possibly do. For example, I am a member of a federally recognized tribe living within that tribe’s jurisdiction on property owned by said tribe, in a house owned and leased by said tribe. I even work for said tribe. Technically, I could claim that the court lacks jurisdiction. But, then, I would have to do more research on tribal law (which probably mirrors state and federal law). I would gain no advantage other than time, and possibly lose several advantages. Something else I have been toying with (but admit I don’t know if it applies) is filing to dismiss for failure to state a claim based on threadbare recital/mere conclusory allegations, based on Twombly & Iqbal. Still another thing I could do is motion for the production of documents. Or send a letter of Debt Verification. Not to mention other Affirmative Defenses like Failure to Consider etc etc etc. But I don’t want to be frivolous about this. So, QUESTION 2: Do I roll some or all of these things in a big motion and slap them with it? Or do I motion the insufficient service first, and strategically collate a few of the other issues I can raise? Mainly, I fear waiving my rights to certain defenses if I do things in the wrong order. I want to bring up the insufficient service. I want to strike the affidavit as hearsay. I want to force them to produce any documents they have (And I’d just love to send THEM interrogatory during discovery.) But, I must say, my head is spinning and I have no idea where to start. Someone, please pull me to earth and pave the way. I can do the work and research, but the direction is lacking. Thanks for all the help, guys.
  15. Hi all, I recently found out that I have an active lawsuit with Midland Funding. However, I found this out through a letter an attorney sent me advertising their services for the lawsuit. I then requested the documents online via my county's civil court online search to view the summons and claim. I still have yet to be served summons or even indication that they have been attempted to be served, online it says the summons were issued 10/13/17. The address on the documents is my dad's house and I have told him about the situation but he hasn't received anything. When I found out about this, I panicked because I am pretty young and 'new' at being an adult, so it was all very scary. As soon as I found out about this, I contacted Midland Funding to see if I could set up a payment plan. I also explained that I never received notice 30 days prior to the lawsuit that court action would be taken, which is a requirement under Florida statutes, and that I haven't received summons either. I did provide them with an updated address. They offered me a plan but said they wouldn't drop the lawsuit until the debt was paid. I accepted the offer verbally, but have yet to receive any confirmation or documentation that this plan exists. They were supposed to mail me a contract a week and a half ago and I have not yet received it. I've read a few of the threads here but I have a couple of more specific questions that I haven't seen answered. I know I kinda shot myself in the foot by calling them for a payment plan and thus accepting the debt, but I thought I would be able to resolve this without a court date. Really my concern at this point is trying to avoid paying their court fees on top of the debt. Is that even possible? -If I do not receive the summons before the pre-trial date, should I still go? Will this increase my chance of the case being thrown out? -A few things I've read said that if they are unable to serve to the address they can try employers or publishing in the newspaper. Is that true?? What's the chance of that happening? -Should I respond to the summons though they haven't officially been served? -Really just any general advice on what I can do from here would be great. I have a little less than a month until the pre-trial date.This waiting game is really frying my nerves. Thank you! --- 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.) I'm not sure... the only other name I've seen on anything is Encore Capital Group Inc. The MCM/Midland Funding website says my account is now being serviced by them. 3. How much are you being sued for? $1,596.27 plus cost of suit 4. Who is the original creditor? (if not the Plaintiff) \ Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I haven't yet been served. Summons are supposed to go to my dad's house and he hasn't received anything. I received a letter from a local attorney that said they got the records online and included a copy of the summons. This was not through certified mail, either, just a regular envelope. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A 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 have an existing payment plan with them for a different account that I have been paying off for over a year. But I had not responded to anything regarding this specific account. After I learned of the lawsuit, I called them to negotiate a payment plan. 9. What state and county do you live in? Florida, Leon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? 2011 12. What is the SOL on the debt? To find out: 5 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). I have a Pre-Trial date set for 12/5/17 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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? 5 days prior to the pre-trial date of 12/5/17 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. 2 statements from OC, affidavit of sale from OC, bill of sale from OC, copy of letter from MCM to me notifying me of the sale of the account from OC (addressed to my dad's residence that I was not living at). Only identifying information on these documents is my name and past address, doesn't include OC account number.
  16. So I got a letter June 21st from a Law firm representing Midland Funding LLC about an old Credit card debt I thought I had paid off. So I immediately fired off with a debt Validation letter that was sent delivery confirmation. I was very specific on the debt validation letter and specified that they need to respond by 30-days and also stated that there client needed to stop reporting me to the collection agency while this debt was in dispute. In September I get a certified letter telling me I am being sued, and had my first mediation date, in that mediation date I was very clear that they violated the FDCPA and was in defamation of character. We saw a judge but because the efile system was down and the lawyer for Midland had no clue about the Debt validation I new mediation time was set for this Nov 7th. In that time I have since counter sued for violation of FDCPA, Time, Stress, and Defamation of Character. So I submitted my counter suite and all the attachments and now I am just waiting... I am just nervous and not sure what to do from here as I have never sued or counter sued anyone before.
  17. Hello, I've been a wreck these past few days thinking about this lawsuit. I had no idea this could be done until NOW (sorry about the caps, but I'm really screaming). To get back on topic, I began receiving notice of this lawsuit earlier this month about a credit card debt sold by Sears/Citibank to Midland Funding through lawyer advertisements. I never received notice of this company purchasing this debt or this debt because I had been a victim of identity theft and I'm in the process of getting my credit repaired. The pretrial hearing is set for 07/21/17. I went to my local legal aid office because I'm a teacher and I can't afford an attorney at the moment. I was told to let it go to final judgment, keep my bank accounts low, warn my job about the garnishment requirement and to fill out an exemption form. I saw what was posted here and kind of thought that didn't seem like sound advice. Here are the specifics: 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.) The name listed at the top of the complaint is Midland Funding LLC and the attorneys have mcmcg.com (Midland Credit Management) email accounts 3. How much are you being sued for? $2,406.56 4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card 5. How do you know you are being sued? Received summons and complaint 6. How were you served? (Mail, in person, Notice on door) My daughter's grandfather signed for it on 06/22/17 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? Did not receive letters until lawyer advertisements started coming. Phone calls from India led to dead air and no responses. They also contacted me during work hours, with the calls starting at 7:00am and ending at about 9:30 pm, about every 45 minutes to an hour 9. What state and county do you live in? Florida, Miami-Dade 10. When is the last time you paid on this account? According to the complaint 09/11/2015 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, February 20, 2017 on the grounds that this debt was inaccurate. 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? 20 days 16. What evidence did they send with the summons? Credit Card statements (printed from the internet), bill of sale (no account number), EXHIBIT 1-Asset Schedule (all account information has been redacted and blacked out), affidavit of sale of account by original creditor (no account number and looks to be photocopied), certificate of conformity, and a letter I never received. I thank you for your consideration in this matter.
  18. Here is my questionnaire 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? (should be listed at the top of the complaint.) 3. How much are you being sued for? 1300 4. Who is the original creditor? (if not the Plaintiff) Credit One 5. How do you know you are being sued? (You were served, right?) Served with summons paper. 6. How were you served? (Mail, In person, Notice on door) In person, someone delivered to me. 7. Was the service legal as required by your state? As far as I know, it was filed with a district court. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have not spoken to them at all. 9. What state and county do you live in? Washington state, Cowlitz county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2014 11. What is the SOL on the debt? To find out: Looked on creditcards.com and it says 6 years for WA. 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). Summons was delivered, that's it. 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? It says 20 days after the service or summons 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all. In the complaint, the first sentence is "The plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action." I have seen a similar thread in this state, but i never did see the outcome. Looking for some ideas and help on how to win this. This is my response to the complaint. Superior Court of Washington, County of Cowlitz Plaintiff: No. MIDLAND FUNDING, LLC, ANSWER AND AFFIRMATIVE DEFENSES v. Defendant: MICHAEL BOLLICH I. Answer Defendant answers the complaint as follows: 1. I admit the statements in paragraph numbers 2. 2. I deny the statements in paragraph numbers 1 except for the following statements: N/A 3. I lack knowledge about the truth and so deny the statements in paragraph number(s) 3, 4, 5, 6, 7, and 8. II. Affirmative Defenses My other defenses are: T General Denial: I deny the allegations in the Complaint T Plaintiff lacks standing and does not have authority to bring this lawsuit. £ I am eligible for Charity Care for my hospital debt. £ I did not receive a copy of the Summons and Complaint £ I received the Summons and Complaint, but service was not correct as required by law. T I do not owe this debt. £ I am a victim of identity theft or mistaken identity. I am not responsible for this debt. £ I have paid all or part of the debt. T I disagree with the amount of the debt/the amount is incorrect. £ Statute of limitations (the time has passed to sue on this debt). £ This debt was discharged in bankruptcy. £ The collateral (property) was not sold at a commercially reasonable price. £ Unjust enrichment (the amount demanded is excessive compared with the original debt). £ Violation of the duty of good faith and fair dealing. £ Unconscionability (the contract is unfair.) T Laches (Plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). £ Defendant is in the military. DATED this _________ day of ________________, 20___. ___________________________________________ (Signature) Name: Address: Telephone: I haven't filed this yet so please let me know what you think.
  19. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them interrogate me and I just keep saying no and just keep repeating I need proof of this debt. And that I never signed a contract with them? Also I've read that people also send something to the attorney and magistrate office stating they need to show me all the proof before hand?
  20. I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my address with Motor Vehicle back in early 2010. The original debtor was Target National Bank. My primary defense is lack of personal jurisdiction, improper service. In addition, the city I moved to was in an entirely different county from where the lawsuit was filed. (Filed in Cumberland County, NJ and I reside in Salem County, NJ). I am hoping to win the motion without putting much emphasis on the County difference. I am comfortable with the current judge and don’t wish to change venues unless it is my only option left. Soon after I filed the Motion I received a letter from the Plaintiff's attorney asking me to prove my address from November and December 2011, when service occurred. As far as I know I already did provide proof of address change and enough documentation to show a pattern of my whereabouts during this time period. I am not sure if I should send them something right away or wait to see if the judgement is vacated? I have requested they Validate the Debt already and Pressler & Pressler refused since they had already won the default judgement. In any case, if my motion to vacate is successful, I would assume Midland Funding will attempt to refile. They might refile in Salem County this time, or attempt to restart or refile in Cumberland County. NJ Statute of Limitations on Debt Collection is 6 years. Since the original date of default on the debt is from 2008, is this debt now considered time-barred? Or is there any reason the statute of limitations would be ignored or reset? Of what issues should I be aware?
  21. I received a packet from Midland Funding LLC with the first page basically the judge granted them permission to serve me though the mail. That was signed on 6/27/2017. The citation is attached and says it was filed 5/1/2017 and had 14 days to respond. I didn't receive it until 7/26/2017 because it was forwarded from my old address to my new one. I also have an affidavit relating to damages and business records from Midland. In that my account number is covered; not sure if that matters, and it says when the account was charged off 2-26-2015 and when Barclays bank sold it to Midland 9-30-2016 and that as of 3-6-2017 nothing has been paid off. Along with those documents they also have a bank statement copy from Barclaycard (Again, account number is covered and my address) of the month I stopped paying; August 2014 and a copy of the bank statement from March 2015 that included all the late fees and monthly charges. The debt is $2,955.93. I know the debt is mine, how would I respond to it with each paragraph? Do I admit to every paragraph? I've included copies. I really rather they just take my income tax next year because I usually use it to pay off smaller bills like other credit cards and medical bills.
  22. Angela2070

    MIDLAND FUNDING LLC

    I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to have the debt. I think he called it 319b a local Magistrate ruling they can use. So when the new date came up I showed up for trial. I WAS SO SCARED!!! I ALMOST DIDN'T GO!! When I came across this website I began to gain confidence and decided to fight back. Midland funding LLC chose and attorney in Philadelphia to send me a letter that only showed the amount the last 4 digits of the credit card number and my name. They filed that letter with the local magistrate and I received a certified letter saying that I was being sued. I began to read about who Midland funding was because I did not know anything about them and I learned that they were buying debt by the thousands for only Pennies on the dollar and it made me even more angry. I put together a document "answer to the complaint" and a "request for documents", hoping Midland would have to prove their case. When I arrived there I was upset but ready to battle. They sent me into the Courtroom. I stood up as the Judge walked into the room. He said Thank you and allowed me to sit. He said, I did my research on Midland Funding and found they are a debt buyer and for pennies on the dollar. He said, Do you see Midland Funding or its Reps in the room? I stood up and said, no your Honor. He said, well do you have anything to say to the court today regarding your case? I stood up and said, I have prepared an answer to file with the court and he interrupted and said " well that's the beauty of your local court and answer is not required" He said AS HE LOOKED AT THE EMPTY PLAINTIFF SEATS WHERE MIDLAND WAS TO BE, " do you have any requests of the court today considering Midland funding is not present? And he kept saying that and then I got what he was saying and I said "um your Honor, I would like the CASE DISMISSED?" In a questioning voice. The Judge said CASE DISMISSED, DEFAULT JUDGEMENT ENTERED FOR THE DEFENDANT He reminded me they have 30 days to Appeal and good luck!!! YEAH, SO PLEASE SHOW UP NO MATTER WHAT!!! NO MATTER WHAT!!! TRY NO MATTER WHAT!!! #HappygirlinLancasterCounty
  23. I am being sued by Midland Funding, LLC. I could use some help on filing my answer. I was served on Sept 18, 2016. In Arizona you have 20 days to file an answer so the clock is ticking. I found this questionnaire somewhere on this site, so I answered the questions. I've spent the last couple of days trying to read through all of the info on this board, as well as one other, but I'm running out of time, and I'm still not sure what I should respond in my answer. I went through this a few years ago with another jdb, and paid an attorney, who in the end did absolutely nothing that we agreed upon. Instead he told the opposing attorneys to go after my husband because "the guy is a d**k" This debt still shows on my credit report as owed, and I paid the attorney more than the debt. I just don't want to end up in the same mess. For this debt, I'm willing to settle, but I don't want a judgement on my credit. If anyone can help, please advise. Also Midland is the third creditor to try to collect on this debt. Here is my response to the questions: I don't know if this means anything, but at the bottom of #12, in my case information it says Notice Pending Dismissal of Lawsuit 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC, a foreign entity 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Barry Bursey, Esq 3. How much are you being sued for? $625.67 4. Who is the original creditor? (if not the Plaintiff) BARCLAYS BANK DELAWARE JUNIPER 5. How do you know you are being sued? (You were served, right?) I was served on 9/18/2016 6. How were you served? (Mail, In person, Notice on door) 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? Didn’t respond to notices or phone calls. Got one call at work, and told them not to call me at work again. This was about a week before I was served 9. What state and county do you live in? Maricopa County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March or April 2012 11. What is the SOL on the debt? To find out: 6 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). Case Information Case Number: xxxxxxx Judge: Conti, Frank File Date: 9/9/2016 Location: Dreamy Draw Justice Court Case Type: Justice Civil Case Status: 01 - New Case Party Information Party Name Relationship Sex Attorney MIDLAND FUNDING LLC Plaintiff N/A Barry Bursey xxxxxxxxxxxxxxxxxxxx Defendant N/A Pro Per Disposition Information There are no disposition notes on file Case Calendar There are no calendar events on file Events Event Type Sub Type Judge Result Result Date Affidavit of Service Private Process Conti Served 9/18/2016 Notice Pending Dismissal of Lawsuit Conti // Judgments There are no judgments on file 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? 20 days from September 18th (by 10/7) to file answer No, I did not receive an interrogatory 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence and no exhibits
  24. I was served with a lawsuit from Midland Funding today. Lawsuit was filed in Justice of the Peace Court in Texas. 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.)Chase Hague, Houston, TX 3. How much are you being sued for? $5xxx 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 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? Yes, I believe 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? None, if they called they never left a message. I don't answer calls that aren't in my contacts. 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/05/2014, according to included documents 11. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 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). Served, I have 14 days 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. 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? 14 days from today, 7/8/17 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copies of 2 credit card statements from Dec 2014/Jan 2015 and July 2014/August 2014 billing periods, Bill of Sale, Data Sheet that contains basic account info (my contact info, date acct opened, charge off date, date of last payment etc), Portfolio Level Affidavit of Sale, Certificate of Conformity. I know I need to file a answer to the court. Is there a specific forum where I could find a template to use for my response? Should I be concerned that they have these old statements? I have included a redacted copy of the documents I was served today. Any guidance would be greatly appreciated. JusticeCrtCivilCitation_Redacted.pdf