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The last I have heard from LBN, since I dropped off my responses (here) to their Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents in late February of 2015, was on November 12th, 2015; a little over a week ago. It has "the following documents in the above-referenced case:" Billing StatementsBill of SaleField Data SheetInside is: 1) Are a bunch of Account Statements from Citi for about 8 months. These do not include the first statement of the account. Also, the last payment listed on these statements, from Citi, is 10/24/2008. It should be noted that in the Petition for Indebtedness they sent me is says, "3) the last payment posted to the account on 2010-03-01." I'm guessing they are using that date as some payment made to ASSET ACCEPTANCE, LLC. 2) A Bill of Sale from ASSET ACCEPTANCE, LLC to Midland Funding, LLC for the amount of REDACTED for all the rights, titles, and interests for the purchased accounts identified on Schedule A (the following page is titled Schedule A with a Purchased Accounts Files heading with REDACTED on it). It mentions files and records, from the sale of the account, contained in this sale... but all that stuff wasn't in my little packet. 3) The bottom says, "Data printed by Midland....from electronic records provided by Asset Acceptance, LLC pursuant to Bill of Sale/Assignment of Accounts transferred on or about 11/21/2013...". This sheet shows the original account number, last 4 SSN, name, address, open date (11-17-2003) charge off date (11-17-2009), last payment date (03-01-2010) and amount. There is nothing stating it requires a response or anything dealing with a/the court and ends with "If you would like to resolve this matter..." As far as the Oklahoma Court Network (online records for cases) shows, the last date on the docket was on 1-28-2015, for the Certificate of Service for the Req. for Admissions & Interrogatories (which I responded to- see the first sentence of this post). Should I file for a Motion to Dismiss or Motion to Compel? There hasn't been any activity, from their end, for almost 10 months. To be honest, I completely forgot about this whole thing...
I was looking to see what legal requirements were necessary for a Bill of Sale to be binding. It took a bit of digging, but I found this from O.S. 12A Uniform Commercial Code if I am reading this right, this supports the argument that a Bill of Sale must specifically identify the "rights" being transferred. That any Bill of Sale lacking such information is in fact invalid. Is this correct? §12A-1-9-619. Transfer of record or legal title.TRANSFER OF RECORD OR LEGAL TITLE (a) In this section, “transfer statement” means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; (3) that, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and (4) the name and mailing address of the secured party, debtor, and transferee. ( A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration, or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall: (1) accept the transfer statement; (2) promptly amend its records to reflect the transfer; and (3) if applicable, issue a new appropriate certificate of title in the name of the transferee. © A transfer of the record or legal title to collateral to a secured party under subsection ( of this section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article. Added by Laws 2000, c. 371, § 126, eff. July 1, 2001.
avoiding all puns about putrid clothing, this case was initiated last year this month and no communication or action has taken place since my response to interogatories in Sept 2012. The question now is how long can this remain on the books without any action before I can file a motion to dismiss, and what technical grounds do I cite for the dismissal. I've read through the Oklahoma laws on civil procedures, but there is no mention of dismissal based on inactivity. http://www.creditinfocenter.com/community/topic/315007-midland-lbn-and-petition-for-indebtedness/
First, let me say thank you for all the helpful posts I've read here over the years. It's been almost two years since I've had to deal with any of this, but now find myself needing some advice again. Between 2-4 years back, I settled on nearly $75,000 in debt for just under $15,000. All but one OC worked with me. One debt, from GE Money Bank (which I'm not even sure was mine and may have belonged to my ex-wife, but was reported under my name) was my biggest problem. Funny thing is, it was one of my smallest debts, at under $5,000. GE Money Bank wouldn't work with me to settle and then sent account to Midland Funding, via Love Beal & Nixon. Multiple attempts to validate the debt were met with bogus and non-specific information. I got scared and almost ended up in BK, after getting the notice of lawsuit. That's when I got serious and ran across these forums. Your help and guidance completely changed my attitude and confidence. I fought back and responded to everything they sent me, filing paperwork in the courthouse several times. The waiting game was intense. About a week before my court date, I received a Dismissal Without Prejudice. I was happy with that because at least I could breathe for a while. However, nearly two years later, I'm finding that Dismissal Without Prejudice is not enough. I live in Oklahoma County, OK. I did a deed in lieu of foreclosure on my house nearly 4 years ago (lost job, divorce, all the major sob story points). The house sold about a year later and now I'm eligible to buy a house again (as of last December). Good news, but with all my credit blemishes, this one is standing out as the biggest red flag. I still have a decent overall score of 670, which isn't bad, but all the other dings are adding up. I really need to have this removed from my credit report. So, back to Dismissal Without Prejudice. I received the Dismissal Without Prejudice in Spring 2011, nearly 2 years ago. Can I file a Motion to Dismiss with Prejudice now? Or is that case closed and I'd have to open a new case? I believe that I'm passed the original statute of limitations for this account. My credit report says that my last payment for the OC was October 2009. State of Oklahoma is 3 years for non-written contract and I can't imagine they could produce a written contract. Even so, I think that if I could simply file a Motion to Dismiss with Prejudice on the same case, that would be simple enough. I worked with my bank to request that the debt be validated or removed. However, they told me today that Midland has placed a "Cease & Desist" on the entry and it can't be changed without the "Cease & Desist" being removed first. Is that even possible? I called Midland and asked why the C&D was there and they told me that I had requested the C&D in writing. That's not exactly true. I requested they C&D calling me, unless they could provide adequate documentation, proving the alleged debt was actually mine. They are using the C&D for personal contact to create vexatious litigation against my credit report. My first inclination is to write Midland directly requesting, yet again, a validation, and if they can't produce the validation, to immediately remove the credit agency report. Or, of course, if I'm allowed to file a Motion to Dismiss with Prejudice, that would be easy and I doubt they'd even pick up a finger after the reams of paperwork I requested the first go-round. Any ideas or thoughts? Thank you from the bottom of my heart for your help! Burci