Jump to content

Search the Community

Showing results for tags 'midland credit'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Identity Theft
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 7 results

  1. Hello, I apologize if I am going about this in the wrong manner but I am new to the forum and fairly ignorant of the legal system/court proceedings. I'm pretty lost in the woods here and hoping that I may find some guidance. I am being sued by Midland Credit Management Inc via Messerli & Kramer PA over an old credit card debt that they allegedly purchased. Activity to date: 1. On 07/21/2020 a summons/complaint was left at my parents home by a member of the Anoka County Sheriffs Department while I was living out of town. Process servers Certificate of Service states: Observed my father (verified DVS) in picture window. Knocked and received no answer. Knocked again and my father knocked on the picture window and showed that he was on the phone. My father then opened the far east window and asked "Can I help you?". The process server asked if I was home, my father said "No". The process server asked when I would be home, my father stated that he "did not know". The process server asked if he could leave papers with him to give to me, my father stated "No" and shut the window. Process server left the papers in the storm door jam." My fathers statements of events closely matches that of the process server. At approximately noon of 07/21/2021 while on a telephone call my father heard a knock at the front door which he disregarded due to the engagement in and nature of the telephone call. Upon hearing a second more persistent round of knocking at the front door my father approached the front living room picture widow and motioned that he was busy with a telephone call. After my father finished his phone call he slid open the far most eastern bedroom window and asked "Can I help you?". The process server asked if I was home, my father said "No". The process server asked when I would be home, my father stated that he "did not know". The process server asked if he could leave papers with him to give to me, my father stated "No" denying service, shut the window and left the room. The complaint/summons was found wedged in the front door the next evening. 2. On 08/05/2020 I served Midland Credit Management Inc via Messerli & Kramer PA the answer to the complaint/summons. 3. On 08/05/2020 I attempted to file with the court my Answer to the summons/complaint but was denied due to there being no case number assigned. 4. On 08/27/2020 I received a proposed Discovery Plan and letter stating to contact Messerli & Kramer PA within 14 days to work out a discovery plan, or if I did not wish to collaborate on a discovery plan attached was a proposed plan that they had formulated, if they didn't hear from me within 14 days they would assume that the proposed plan was acceptable and present it to the court. On 08/28/2020 I called Messerli & Kramer PA at the number provided within the letter to discuss amendments needed to the proposed discovery plan with the plaintiff's attorney. My phone call was answered by someone other than the plaintiffs attorney who asked for my SSN to bring up the account (which I denied). When I asked to speak with the plaintiffs attorney in regards to the discovery plan I was told that she wasn't available. When I asked the gentleman when she would be available he said he did not know. I then asked if he could please have the plaintiff's attorney contact me in regards to the proposed discovery plan and amendment there of and I was told that she doesn't "reach out" to people. He then informed me that he'd just noticed that the plaintiff's attorney had put a note in my file that they would be willing to discuss settling the debt for the full amount... To which I again politely asked that the plaintiff's attorney contact me in regards to the proposed discovery plan at her earliest convenience. To date I've received no reply. 5. On 04/29/2021 I received a Notice of Case Filing and Assignment from the court administration. 6. On 04/30/2021 I filed my answer to complaint/summons along with an application for filing In Forma Pauperis at the courthouse. 7. On 05/05/2021 I received A Notice of Filing Order granting my application for filing In Forma Pauperis. 8. On 07/15/2021 I received a Scheduling Order letter from the court administration. 9. On 07/20/2021 I received a letter from Messerli & Kramer PA proposing mediation pursuant to the courts scheduling order and recommending an intermediary that "our office has used in the past". Unfortunately the fourteen days passed by too quickly and I missed the deadline as I was trying to find an impartial intermediary rather than their in house one. 10. On 09/23/2021 an envelope containing Opening Documents, Findings of Fact, Statement of Facts, an Affidavit from their"Legal Specialist" In Support Of Plaintiff's MSJ attesting to knowledge of records, and approximately 1 one year of credit card statements. 11. On 10/17/2021 I received a Notice of Remote Zoom Hearing letter from the court administration. My main objections to their " Findings of Fact are: 1. "That on or about May 25, 2008, Defendant(s) entered into a consumer credit contract with Capital One Bank (USA) N.A., to purchase goods and services on a credit card account" Deny. This is false, the issuer was World's Foremost Bank Cabela's Club Visa. I do not have nor could I find a copy of the agreement but I do have a couple statement listing the issuer as World's Foremost Bank Cabela's Club Visa. 2. "That Defendant(s) were issued a credit card account bearing account number XXXXXXXXXXXX1429 (Account)." Deny. This is false, the account issued was XXXXXXXXXXXX0553. I still have an old card bearing this account number. 3. "That Defendant(s) used the account to purchase goods and services and made payments against the outstanding balance of Defendant('s') account." Deny. I do not have enough information to form a belief as to the truth, and therefor deny the allegation. 4. "The Defendant(s) last made payment against the outstanding balance of Defendant(s) account on June 14, 2018." Deny. This is false, per plaintiff's "evidence" the last payment on account was 07/16/2021. 5. "Defendant(s) failed to pay the installments due under the contract and that such a failure constitutes default." Deny. Without a contract I do not have enough information to form a belief as to the truth, and therefor deny the allegation. 6. "There remains an outstanding account balance due of $4,393.50." Deny. I do not have enough information to form a belief as to the truth, and therefor deny the allegation. 7. "Defendant(s) was/were duly served with the Summons and Complaint on July 21, 2020. Deny. It's my belief that the complaint and summons were not served properly pursuant to rule 4 of Minnesota Court Rules of Civil Procedure. Furthermore I dispute that I owe the plaintiff Midland Credit Management Inc. or Messerli & Kramer PA anything. I have never entered into contract, signed any agreement, purchased/traded any goods or services with either of the aforementioned parties. I also to the best of my knowledge do not beleive that any agreement was signed with the alleged OC Capital One (USA). I have been provided with no evidence validating the alleged debt such as; a purchase agreement, bill of sale, assignment of contract, forward flow agreement, list of accounts, nor has the debt been validated. As far as the only supposed "evidence" provided, the statements and affidavit of debt goes could that be objected to as hearsay? I'm trying my darnedest to not let this wreak havoc on my physical, mental, and emotional health as it has in the past but it seems like I am spinning in circles trying to figure out where to go and what to do. Admittedly like I said I'm fairly ignorant when it comes to the legal system and court proceedings. I have attempted to find some form of template to write out a response to the plaintiffs MSJ and where to go next but as of yet haven't found anything that seems serviceable. Any assistance, insight, or opinions would be most appreciated. Thank you and have a wonderful day. ------------------------------------------------------------------------------------ Just in case I didn't cover everything. 1. Who is the named plaintiff in the suit? 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.) Messerli & Kramer PA. 3. How much are you being sued for? $5126.50 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank (USA). 5. How do you know you are being sued? (You were served, right?) Served complaint and summons on 07/21/2020 6. How were you served? (Mail, In person, Notice on door) Summons placed (wedged) in front door of parents home. 7. Was the service legal as required by your state? Unsure. I am unsure if "drop service" is allowed in MN or even legal if not face-to-face. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, unrecognized sender unopened and discarded as junk mail. 9. What state and county do you live in? Minnesota, Anoka County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 07/16/2018. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2008. 12. What is the SOL on the debt? To find out: 6 years. 13. What is the status of your case? Case is listed as open. Plaintiff has filed for an MSJ. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I was unaware of this option. 15. Did you request debt validation before the suit was filed? No, I had no contact with the plaintiff prior to the complaint/summons. 16. How long do you have to respond to the suit? (This should be in your paperwork). I am unsure. Answer has been filed, I attempted to contact plaintiff about amending discovery agreement but was not answered, now paperwork and MSJ arrived from plaintiff recently. 17. What evidence did they send with the summons? Nothing with summons/complaint. I recently received on 09/23/2021 an envelope containing Opening Documents, Findings of Fact, Statement of Facts, an Affidavit from their"Legal Specialist" In Support Of Plaintiff's MSJ attesting to knowledge of records, and approximately 1 one year of credit card statements. 18. How did you find out about this site? I came across this site while researching via DuckDuckGo.
  2. I was served by an officer this morning with a pretrial notice. I’ve never been sued before so I’m not quite sure what to do. Details below: Original Creditor: Credit One Account Open: May 2018 Account Closed: October 2018 Amount Sued For: $1105.15 Attachments: Bill of Sale to Midland, Affidavit of Credit One Bank & Midland, The account info (account #, Name, Bill amount, last payment date, etc.), and my first and last credit card statement. Any advice would be helpful. I’m worried this would impact my credit score that I’ve been working to bring up. Should I work with Midland to pay the debt? Should I file an attribution? Thanks in advance.
  3. 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
  4. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
  5. I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B. I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a trial. We all go into the courtroom. Everyone made a deal for payments. People who didn't have any money etc had their cases dismissed- but with the verified plan to re-file in a couple months. I was the last person called- as the only "request for trial". I went before the judge. Attorney stated "Defendant is requesting documents that we are not in possession of, therefore we will be dismissing this case" Judge says "GOOD JOB young lady!!!". He went on to state that "the case will be dismissed, but if they obtain all the documents you requested, they will be able to re-file if they should choose to". I asked him to dismiss with prejudice. He said because the case is lacking evidence that CAN be obtained, he can't rule that way. He asked what I do, I said "I'm a social worker". Judge says "well you should be a lawyer! You did a great job!". Then CASE DISMISSED. Attorney spoke with me in the hallway and stated that he is recommending to Midland that they drop this case and will pursue no further legal action against me. Hope this is true! I didn't even need the Trial Brief I'd prepared or any of the documents, case law, legal statutes. Once they saw what I wanted, they went away. WHOOOOO HOOOOOO this trial has been stressing me out for months. Now it's over. Let's hope he keeps his word re: no further legal action against me My original thread pleading for help....http://www.creditinfocenter.com/community/topic/323664-please-help-served-by-midland/ I could NOT have done this without all the info and comments available on here. Thank you so much! Edit: if there's anything I can do to help any one else (especially ppl from Rhode Island) pls feel free to PM me. I prepared soooo many legal docs, but didn't have to use them. And I found so many samples on here- but made them my own with R.I. Case law, Civil Procedure Rules, Evidence Rules and legal citations etc. I am proof- you just have to do the research and it will pay off.
  6. I have received a summons with complaint from Daniel N. Gordon on behalf of plaintiff Midland Funding, LLC. Both the plaintiff and defendant reside in Oregon. I sent my answer certified mail and denied ever owning said credit card or legal contract with Chase Band or Midland Funding, LLC. On July 17th they sent me a letter stating, “Enclosed please find the document per your request for validation of your debt with or law office”. Included was CC statements and chain of title, also some field data from Midland Credit containing the acct. number, name, last 4 digits of SS#, address home phone # and account info. I have been advised by the court that the case has been moved to arbitration. I have as of yet picked an arbitrator. Daniel N. Gordon has sent me a production of documents and a request for admission, 26 in all, WOW. Any help in answering these would be greatly appreciated. Thanks, Just me
×
×
  • Create New...