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Found 1 result

  1. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $9,XXX.XX 4. Who is the original creditor? OneMain Financial, Inc. 5. How do you know you are being sued? Received summons from local District Magistrate 6. How were you served? Mail - Certified Return Receipt 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? Allegheny County, Pennsylvania 10. When is the last time you paid on this account? 7/16/2014 11. What is the SOL on the debt? 4 Years 12. What is the status of your case? Active - Scheduled 13. Have you disputed the debt with the credit bureaus. No. The Civil Action Hearing Notice was the first contact I've had regarding this. 14. Did you request debt validation before the suit was filed? No. However, I did send one once I received the hearing notice. I'm aware this will not stop civil proceedings, however, I wanted to request debt validation to fall within the 30 day window to validate debt from initial contact. 15. How long do you have to respond to the suit? It stated to call the office immediately if I intended to defend. I did call the next day and received a copy of the notice to defend a few days later. The magestrial district court does not require the defendant to file an answer and there was no interrogatory regarding the suit. The claim is as follows: Plaintiff is the owner of a certain creit account (hereafter, "the Account") by virtue of the assignment of the Account, as set forth in the records maintained on Plaintiff's behalf. As a result of the assignment, Plaintiff now holds all rights, title and interest in and to the Account. Records further reflect that Defendant entered into a credit agreement for the ONEMAIN FINANCIAL, INC. Account bearing number XXXXXXXX5711 and used or authorized the use of the Account to obtain good and/or services an/or cash advances. The account shows that Defendant owed a balance of $9,XXX.XX as of 2015-09-30. I, (Name Omitted) verify that the facts set forth in this complaint are true and orrect. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. Subsection 4904) related to unsworn falsification to authorities. 16. What evidence did they send with the summons? They did not send any evidence with the complaint, with the exception of the affidavit that was included in the complaint. As I mentioned above, I did send a DV letter to Hayt, Hayt & Landau and they did send me information back, which is essentially discovery. They provided me with statements from OneMain Financial, the signed contract, copies of papers that Midland Credit Management had apparently sent to me including, a Notice of New Ownership and Pre-Legal Review with a statement. I have done battle with creditors for years and have been very successful up to this point. This is the first time that I have been provided a contract and/or statements from the OC. Here is where I'm having a little trouble. In all of the documents provided by Midland, the account number does not match what is on the OC's contract or statements. And I don't mean a typo, I'm talking completely wrong. I want to mention that on the Midland paperwork, I and NOT confusing the Midland "account number" with the OC's account number, which are both specified on the Notice and statement that were provided by Midland. The only mention of the actual OC account number is listed as a "Account Number Cross-Reference Number" on a document with "field data" at the top. My questions: a. - Because the account number is not mine, nor is there any reference to it in the OneMain contract or subsequent statements, is that an argument that I can fight in court? b. - Since this is the Magestrial level, should I ask for discovery prior to the court date or is the information that they sent me when I requested DV going to be what they bring to the table? c - Are there any other defenses that I should use (including any affirmative defenses) in this case? d - Any other advice? Thanks, in advance.