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1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kohn Law Firm S.C. 3. How much are you being sued for? $1,406.67 plus court costs 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank - Meijer 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) In person by Sheriff 7. Was the service legal as required by your state? Yes, to the best of my knowledge 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received mailed notices, sent my landlord a letter verifying residence, spoke with them. 9. What state and county do you live in? Illinois, Winnebago County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 5/5/17 - $60.00 11. When did you open the account (looking to establish what card agreement may be applicable)? 6/23/15 12. What is the SOL on the debt? To find out: Time has not expired on the debt for written, oral, and open-ended accounts. 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). Pending: First Return was on 3/5/20. Filed Appearance. Filed Motion for Continuance as I am not able to make the next status date (5/7/20) as I will be out of town for work. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 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 have 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? Appeared in person at first return on 3/5/20, filed Appearance, Filed Continuance. 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. Initial served with the summons, court filing, verification, final billing statement, Exhibit A: Bill of Sale, Affidavit of Lois Rieffer. Attached as Summons.PDF (I redacted personal information). After first return, was mailed additional documents: Meijer Credit Card Account Agreement, Comenity Bank charge off letter, Bill of Sale (They redacted information), Exhibit 1 to Bill of Sale: Asset Schedule (they redacted information), Account data from the bill of sale (database export it looks like), portfolio level affidavit (half of the page is whited out), Certificate of Conformity. Attached as Documentation.PDF (I redacted personal information. Also didn't include all statements, but they only include statements from 8/18/16 (balance at $931.64) - 1/18/18 ). 18. How did you find out about this site? Looking for information of on handling of these suits, found lots of good information out here! Questions: 1. Most of the stuff I've been reading is over a year old, so I wanted to see the best way of moving forward. It seems the invalid documentation/no contract loophole has been closed up as I'm sure the JDBs were sick of losing to this defense. 2. Is MTC Arbitration the best way to go? 3. I filed a continuance as I won't be able to be at the next status date. Can I file a MTC with the Continuance pending? It looks like @fisthardcheese, you are the most knowledgeable on this in IL, any help is appreciated!! documentation.PDF summons.PDF
Good afternoon- I thank you so much for your help and will try to be as succinct as possible. 1. We live in Illinois and are planning to file for Chapter 7 Bankruptcy on July 1st, 2018. We are currently waiting for that date because my income is artificially high due to a bonus, and we are $2,000 over the median income for our family and do not want to have to go through the scrutiny of the means test. 2. Our objective is to avoid lawsuits and wage garnishments until that date: July 1st, 2018. 3. Here is who we are dealing with and what has transpired thus far: - Notice of Sale on December 21st in the amount of $1389.16 from Credit One to LVNV Funding. We have NOT received a letter from them yet. - Capital One has sent both our balances of $1976.99 and $2950.36 to 3rd party collections agencies. We admitted nothing, but have agreed to pay $15 temporarily per month and this has satisfied them, as long as they said we call back this summer to make higher payments or discuss other options. - Notice of Sale on January 1st, 2018 in the amount of $823.14 from Synchrony to Portfolio Recovery Associates. We have NOT received a letter from them yet. - Notice of sale on January 1st, 2018 in the amount of $2029.13 from Synchrony to Midland Funding LLC. We have NOT received a letter from them yet. - A letter from Kohn Law Firm on January 2, 2018, to collect on $1208.42 from Synchrony and Midland. We have not yet responded, which is why we are here. Again, we will be filing Bankruptcy due to other debts and such, but are waiting until July 1st. We just want to avoid wage garnishment until then. We are obviously most worried about Midland and Kohn... We do not know what time frames they operate on or how to respond to delay them- if that's even possible. We had heard that you can scare them away by requesting arbitration per the Synchrony contract, but do not know if that is too preemptive or if it will even work in our case. Thank you very much for your assistance. I really appreciate it and will follow whatever directions you give me. Best, FJ
Hello all... I've been lurking around here for a few weeks now - and have been met with mounds of helpful information, so thanks so much for that! My hubby is being sued by Midland Funding LLC by its servicing agent Midland Credit Management, and Kohn in their lawyers here in WI. Per what we read here, he denied all allegations against him and was the only defendant that day to actually show up and deny all charges. The lawyer who showed up acted like they didn't receive my husband's answer (which isn't required in our county, but I advised him to file one anyway after reading all the info here) - and my hubby produced a signed return receipt. The lawyer fumbled a bit, and basically a court date was set for next month. Now to today... my husband received a letter from Kohn, which has an affidavit of mailing and the Plaintiff's first set of requests for admission, interrogatories and requests for production of documents. Here is my question (and excuse me if I sound naïve, LOL) - These forms don't look like they were filed in court, seeing as there isn't a court seal/stamp. It does look like a legal filing, but it's not stamped like the summons or the response. It's signed by a tamp by a lawyer at Kohn Law Firm, and they provided a photocopy of "exhibit A" which is one credit statement from OC from a random date, and a statement showing the charge off. How do we go about answering this? Do we file our response with our court? And, do we file our request for documentation through the court and send it back to them? So much to do, but I want to absolutely make sure we do this right. Thanks so much!!
I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!