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Found 25 results

  1. My elderly father just recieved a summons from Midland Funding for Breach of Contract. I want to help him file his Answer but I need help with responding to them. Any help will be much appreciated. Thank you The first one says. 1. Defendants are a married couple. Acts of individual defendants occurred on behalf of their respective marital communities. If this debt is pre-marital debt, the non-debtor spouse is joined only as a necessary part pursuant to the law affecting community property. *The thing I don't understand is that the summons is for (fathers name) and J Doe, A married couple. How I'm I suppose to agree or deny that statement. My mothers name is not on it but I did read that they do that so they can put it on later when they have more info or something like that. My mom and father have been separated for about 15 yrs. They still live together because he's in no shape to live on his own. My mother had no knowledge of this account. Also about 14 yrs ago my father change his last name. I'm writing this because this account is in his new last name and my mother still has my father's orginal last name. 2. This court has subject matter and personal jurisdiction. All pertinent acts and omissions giving rise to this lawsuit occurred in this jurisdiction and/or Defendants are residents of this jurisdiction. * I think with this answer I will say the first statement is correct. What do I say in my answer pertaining to actions giving rise to this lawsuit? It's annoying they pick a court 25 mins away , my father can't drive because of age. I read on the summons that I will have to call ahead to make accommodation for him because of his disability. He has dialysis and barely can walk or stand on his own. 3. By accepting and using an offered extension of credit, Defendant(s) entered into a credit agreement with CREDIT ONE BANK, N.A. under account number ending in **** and agreed to the applicable terms and conditions of that credit agreement. Plaintiff is the successor-in-interest ("Holder") of the Debt. * I don't know how to go about answering this. 4. Defendants are in default under the terms of the Debt. The present amount owed under the terms of the Debt, after all set offs, is $696.45. * My father said this amount can't be correct. Do I deny this. If so what should I write in my Answer? 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.) Bursey & Associates, P.C.  3. How much are you being sued for? $696.45 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 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) The server asked my brother if my father lived here and he said yes. She then gave my brother the papers saying father is being served. 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 that I know of. My father has never spoken to Midland Funding. 9. What state and county do you live in? AZ and Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 08, 2017 11. What is the SOL on the debt? 3 yrs 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). I've search with the case # and it does have a lot of info. Just my father's name, judges name, plaintiff name, and lawyers name. 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There was nothing but the summons
  2. Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm? Midland funding LLC 3. How much are you being sued for? $749.38 4. Who is the original creditor? Citi Bank 5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 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? I receved some mail every now and then but I never answered it. 9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 13. What is the status of your case? Suit has been served. 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? No. 16. How long do you have to respond to the suit? 30 days I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. see attached picture.
  3. 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.) Blitt & Gaines, P.C. 3. How much are you being sued for? $1,148.20 plus costs. 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank - Amazon Card. 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) Younger brother received a summons packet at 2 PM on 12/26/18. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes. However, it did not come in a sealed envelope but rather a paper packet. What's more odd is that the packet has two front pages missing. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I did receive a collections notice from Blitt & Gaines a month or two ago. 9. What state and county do you live in? Illinois, Lake County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) No payments made. 11. When did you open the account (looking to establish what card agreement may be applicable)? 11/01/2016 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). Suit served. 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. Should I do this now after having received my served/summon packet on 12/26/18? 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 did not receive an interrogatory. Unsure how long I have to respond to the suit as there is only a date in which I am to appear in court. This may be on the first two pages that the packet had missing? 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. Statements from the OC are only listed within the complaint. They only sent an affidavit from an affiant named Pat T. who is "an offer for Plaintiff and designated full-time employee of Midland Credit Management, Inc..." The affidavit only includes an online summary of account activity from Amazon.com's Synchrony Bank. There is no original contract included within the affidavit at all. (Please see included .pdf file). 18. How did you find out about this site? Looked online for Midland Funding LLC suing and well...there were some interesting articles on this site.
  4. I received a summons, not sure who the person was, by Midland Funding LLC in the county of San Bernardino in California for an unpaid balance of about $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper. I received the summons on 12/11/18 at nighttime at my home. I have been trying to figure out my answer, but have been struggling. Did some research and found the questions below with my responses. 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 / Jonathan Kom Kristy Gabrielova / Nichol Alan De Guzman Hyo Jin Julia Jung / Meline Grigoryan Midland Funding LLC 10601-G Tierrasanta Blvd., #4540 San Diego, CA 92124 3. How much are you being sued for? About $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper. 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?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I think this is asking if I was served legally according to my state. I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't really had any correspondence with them, except for them sending me letters. 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? April 2016 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? I will try to find out, but I am assuming 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? No. 16. How long do you have to respond to the suit? 30 Days, so 1/10/2019. I only have 3 days. HELP! 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 for the Account, Affidavit of Sale (pool of charge-off Accounts), Certificate of Conformity, Electronic data report (my name, account, address,contract date, last payment date, charge off date, balance) Exhibit B: What I assume to be their bill to me titled: Account Transfer Details from MCM (Midland Credit Management) Exhibit C : Notice of Legal Placement from MCM Exhibit E: Last Statement from original account from Synchrony Bank Exhibit D: Statement showing last payment from Synchrony Bank
  5. Hi. I'm being sued by Midland Funding LLC, Hunt & Henriques is attorney. I've been on this forum for months researching and completed step by step all that you've suggested to do on this forum to fight this debt collection. Thanks for everything by the way. I just had a mandatory settlement conference yesterday, 8/23. The lawyer who attendedt on behalf of hunt & henriques who stated at the conference that she was just hired to appear at the MSC said she was representing them and had authority to settle. She was the same lawyer who was hired for the day to come to the Case Management Conference the month before too. At that time she had written down some settlement offers on the back of her business card and told me to contact Hunts and Henriques to settle. I thought both parties were supposed to come in good faith to the mandatory settlement conference. She didn't have any information on the complaint, case number or even who the plaintiff was which is Midland Funding. She didn't know anything. It was a waste of time. The Temp Judge suggested it go to trial. When I got home from the MSC, I saw on the napa county case look up on line that there is now DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL (CCP 98) which was filed the date of the MSC. I haven't received it yet. I had planned to send out a CCP96 Request for witness and evidence to be used at trial on Monday, 8/27. Trial Management Conference is scheduled for 9/27 and Trial is scheduled for 10/1. Should I still send out CCP96 or how do you think I should respond? I want to have my response prepared so I can just send as soon as I receive the DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL (CCP 98) Thanks in advance! Cindo
  6. My husband received a Default Final Judgement today. Stating that defendant(husband) failed to appear in court for pre trial on July 28, 2017. We NEVER received letter or phone call about a pre trial. He would've been there had we known. Along with this judgement letter he has to fill out a Fact Information Sheet and return it to Midland Funding LLC attorney within 45 days(Judge signed on June 14, 2018.) My husband believes it's either Amazon credit card or Lowe's that the original creditor was, but since we have received nothing from Midland prior to this Default Final Judgement, we don't know for sure. Is it just best for us to get an attorney?
  7. Hello, so yesterday 5/14/18 I received a letter in the mail from Atlantic credit and finance incorporated. They wrote that the now current creditor midland is considering forwarding my account to a lawyer in my state for lititgation. The letter states: Atlantic credit and finances has tried to reach you regarding this account. This letter is to inform you that Midland funding, LLC is considering forwarding this account to an attorney in your state for possible litigation. upon receipt of this notice please call the number to discuss your options. if we don’t hear from you or receive payment, Midland funding LLC may proceed with forwarding this account to an attorney. Atlanta credit and financial like to make an arrangement with you to resolve the above referenced account using the following: bi weekly payments or a one time payment of 673. the opportunity to pay the listed above does not alter or amend your validation right as described in our previous letter to you. once we have completely furfilled your payment arrangement, you will be released of the obligation. we are not obligated to renew this offer. my problem is, these letters were sent to my permanent address while I was away at college, I’m graduating this week and this is the worst kind of news to get on my momentous occasion that summarizes my 4 years, I can’t stop thinking of getting sued now. Because I was away I always neglected these letters from collection agencies, I know that was a horrible thing to do, but I was going through a lot of stress and found some peace in ignorance for a whole, I wouldn’t even read the letters, I’d just throw them away. In this letter it states “ The opportunity to pay the listed above does not alter or amend your validation right as described in our previous letter to you” I have no idea what this means because I most likely threw away the previous letter they sent me because of ignorance, I now know why to read everything I get. I have done some very light research on this and the only thing I can find is that people start by asking for a DV, which is the only term I know, but I know there is like a 30 day window or something? Since this is the first letter I’m (reading) I don’t know the previous letters they sent and what they entail, but the fact of the matter is that I’m in the pre legal notification stage and I’m not sure if I’m still in the 30 day window or not because I had no clue on what they sent before, I threw them away. Should I call them to ask if I still am in the window or should I not commmniacte with voice as they can record and use it against me? I can just call and ask that one question and if they deny I can hang up? Anyways I have no idea on how to even start this, my goal is to try and pay them nothing. I would come to terms with my original creditor, Best Buy but we are way past that point and from now I’m willing to fight and read every letter I get, but me not knowing what the previous letter they sent is giving me paranoia. What’s giving me more paranoia is that since DV is the only thing I know I feel as if it is the most important thing and without it I’m screwed and can’t do anything? For some reason I feel like it is a first step and without it I can’t do anything. Am I right or wrong in this intuition? Should I request a DV anyways? Where do I get a template? What should I include in the request? How do I start this? What path do I take to fight this and pay as little as possible? I apologize but I’m a scared college student, I have some money in the bank that I received from hard work and I don’t want that to be levied because if they take the full amount I’d have almost nothing left.
  8. Hello.First-time poster, but certainly a long-time reader of the forums. As I indicated in the title, I only just discovered that my wife is being sued by Midland Funding LCC, and am intellectually and emotionally distraught while in a physically sickly state as well. As if things weren't bad enough. Please forgive me if parsing my thoughts and typing them here lacks eloquence. Three weeks ago, while routinely checking the mail, I came across a dubious letter offering Legal Services to our household. Incredulous as to its validity, I sit it aside for the time being. Late that same evening, I couldn't shake the intrinsic suspicion to critically examine the letter, and vet its authenticity. It was indeed a legal advertisement by a genuine law firm in Knoxville, TN. Which lead me to probe further as to what on Earth was going on. Fearing the worst, I immediately the Monroe County Circuit Court website, and searched for the case number.To my dismay, she was indeed being sued by Midland Funding LL. For the sake of clarity here, she's unaware of the suit as of yet. To complicate matters further, according to the County's Circuit Court website, scheduled hearing is set for Wednesday, the 6th 2017.Please understand, WE RECEIVED NO SUMMONS by any means. In fact, on the Court website, it expressly indicates, "SUMMONS RETURNED UNSERVED."If it weren't for my investigation into the matter, we'd have no knowledge of these events.It appears to be an all to common practice from the pages and pages I've read.With only two days remaining, time is of the essence. I beg the gracious members of these forums for any assistance they can offer in terms of what options at this juncture is available to us, and if it is worth being sought out, be it going the Pro Se route, or anything else that we can attempt to do. Mind you; my wife is unaware, and (I'd have to educate her quickly.) I have not broached the subject with as of yet. To be frank, her brother is dying of cancer, while caring for a husband that's recovering from a body ravaged by disease, by way of nutrition, while contending with the daily stressors of the general public, etc., has diminished her ability to cope. I am deeply concerned by revealing this to her without a modicum of hope, would destroy her. We are on a shoe string budget as it is. As you can see, the situation is grim.I will read whatever material you can furnish. All thoughts and suggestions are humbly welcome.Please don't refrain from sharing additional knowledge or search as to what steps to take now. Especially in light of no summons being received. I have filled out the below questionnaire to the best of my cognitive ability, and with the limited information I have.I am at a loss as to how to proceed and apologize for the length of this preface. It's all I could do while holding back tears. 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.) Finkelstein, Kern Steinberg & Cunningham, PC according to the court website. 3. How much are you being sued for? According to updated credit reports, $600. (Summons never received) 4. Who is the original creditor? (if not the Plaintiff) FINGERHUT/WEBBANK 5. How do you know you are being sued? (You were served, right?) We were not served. Discovered suit through the County Court's website as indicated in the above explanation. "SUMMONS RETURNED UNSERVED" is what the online court record reflects. 6. How were you served? (Mail, In person, Notice on door) None. 7. Was the service legal as required by your state? Unknown. Not served. 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? Tennessee, Monroe County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November of 2013. Still within Tennessee's statue of limitations. Though I question why they waited for this long to sue. 11. When did you open the account (looking to establish what card agreement may be applicable)? November of 2012. 12. What is the SOL on the debt? Six years. 13. What is the status of your case? Suit served? Motions filed? 10/3/2017 SUMMONS RETURNED UNSERVED12/6/2017 12/06/2017 10:00AM SCHEDULE HEARING SET is the current status. 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? Unknown. Never received a summons as explained above. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Unknown. Never received a summons as explained above. Court websites does indicate that an AFFIDAVIT was submitted to the court on 9/20/2017.
  9. Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless. Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet. 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.) Law Office of Stephen P Lamb 3. How much are you being sued for? 907.73 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Walmart credit card company...) 5. How do you know you are being sued? (You were served, right?) I was served by a little punk in a 'daddy bought me' truck 6. How were you served? (Mail, In person, Notice on door) At my front door by a dipshit 7. Was the service legal as required by your state? I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank... 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've had no contact with the debt collector. I don't answer my phone. 9. What state and county do you live in? Craighead County, Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Payment of 50 on 9/12/15 11. What is the SOL on the debt? I don't know what that means. 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). I don't know. I'm reaching out as my first line of defense. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company. 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. I don't even know what that means 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? I see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have the statements attached to the back of the packet.
  10. I have a court date on July 11, 2017 and Midland has not served me with a CCP89. They have not filed one with the court either. I really doubt that they have a witness. My concern is that they will show up in court with one saying, and showing that they did serve it to me. Has anyone heard of this happening? Can't really afford an attorney. When I was served the summons they just threw it on the porch and ran, so I don't trust them. Any suggestions?
  11. Hey guys, I'm clueless about the JRCP as they pertain Midland Funding LLC's pending case against me here in Maricopa County, AZ. Specifically, I'm hesitant to attempt to file an amended Answer and move to Compel Arbitration at this point because as I understand a MTC Arbitration requires me admitting to being a party to the original Credit One Bank cardholder agreement they show being established under my name back in 2015. It's been just more than 40 days now since I filed my Answer in which I denied knowing anything about the account and earlier this week the Judge dismissed my Counterclaim (Plaintiff's counsel likened my affirmative defenses to throwing spaghetti at a wall and seeing what might stick in their Response and Motion), so what is the likelihood that a MTC Arbitration would even help me? Also, if arbitration is granted and Midland follows and prevails can I still file Chapter 7 in the future to have any award discharged? I broke out in shingles stressing over all this and I'm only in my thirties! I wish Midland would leave me alone because I have no nonexempt assets or wages for them to collect making this whole process is a complete waste of resources. 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.) Gurstel Law Firm P.C. (formerly known as Gurstel Chargo P.A.) 3. How much are you being sued for? <$850.00 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank *account opened in 2015 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? I was properly served 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact, never heard of them until served 9. What state and county do you live in? AZ - Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never paid, but the account is over 2 years old based on dates listed in the Complaint 11. What is the SOL on the debt? 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). Current case status listed online is Adjudicated. Pretrial scheduled to take place in about 30 days 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. MIDLAND lists charges as follows: Count 1 Breach of Contract and Count 2 Account Stated Did you receive an interrogatory (questionnaire) regarding the lawsuit? No interrogatory. Already filed an Answer denying everything except my name, address, proper venue, court jurisdiction over the matter as the amount is less than $10k, and prevailing party should be awarded all costs. I filed a Counterclaim at the same time I filed my Answer. Counterclaims were affirmative defenses of Laches, Lack of Standing, Statute of Frauds, Unjust Enrichment, Failure to provide copies of contract/statement(s)/etc., and of course that I reserve the right to amend my answers, defenses, and claims at a later date. All of this before I came across your helpful website.... 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There was no evidence attached to the Summons and Complaint. No evidence has been provided to me and the attorney has filed Motions to substitute counsel, appear telephonically, and to dismiss my counterclaims. I haven't completed the Disclosure form that the court sent me in the mail but it will be due soon.
  12. I am being sued by midland funding LLC, could use to some help for pre trial or some opinions would help. Docs plaintiff provided have some discrepancies as well.
  13. Hi everyone. I need to let you all know that you are super awesome with all this information!!! Where do I start? I have not been served. I received a third party letter informing me of a legal suit filed against me with the case number and the amount in question. I went online and discovered that the case was electronically filed. There is a date set for early August, then a trial date at the end of August. I'm not gonna panic, I'm a social worker & with recent Encore consent order I don't know how to move forward. Im also a member of the Midland' TCPA settlement suit...
  14. My wife and I live in Arkansas and I am currently active duty Air Force. Yesterday I received a knock on the door and it was a server here to serve my wife a lawsuit from Midland Funding LLC. I accepted the stack of papers and called my wife to inform her. The claim is we owe Midland less that $1,000 and legal costs, the original creditor was Credit One Bank. We have 30 days to file the response and I have drafted it up deny all allegations. I am curious how we should go about this lawsuit and also kind of nervous at the same time (my wife is a wreck right now). I have seen many articles, forms, videos, and sample motions and I have come up with the following possibilities. The cardholder agreement had a arbitration agreement and have seen many people doing this instead of going to trial (or attempting trial). On the other side I feel the affidavits they sent are bogus and we can fight it and win it. We are currently trying to contact lawyers and our base legal staff regarding this matter. Any advice or words of encouragement would be greatly appreciated by myself and my family.
  15. Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery.
  16. AHHHH (dat's me yellin'). If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 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.) There is a slew of names yet we've had a substitution of counsel - name is Daniel Hoffman, no firm listed. 3. How much are you being sued for? $2,071.50 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) I was served, yes. 6. How were you served? (Mail, In person, Notice on door) In person, at home. 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? Several sudden and harassing incoming calls at the very end of August of 2013, they did not identify themselves until after the local police got involved. Nothing before that, no paper correspondence at all, no idea of where to send a DV to. 9. What state and county do you live in? Coconino 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) Their paperwork provided states 5/30/2010. 11. What is the SOL on the debt? To find out: 6 years. :c 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). Pending court date. We had our pretrial today and they could not schedule at the time. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) It's too late now! 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. See above answer. 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? I have already answered the claim and no, they did not include an interrogatory. I am being sued for 1) Breach of Contract and 2) Unjust Enrichment. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Included are: An Affidavit of "Emily Persons", a Bill of Sale from Chase with no related identifying information for the account (or it's redacted, there is a HUGE amount of info redacted in the copy i have), an Affidavit of Sale by Original Creditor with no identifying information regarding the account (and no redactions!), and a statement with the balance they are trying to sue me for with a due date of 12/08/10 , and a "field data" sheet with base information including an incorrect home address and a charge off date of 11/30/2010. 17. Read this article: I am working my way through it right now, as well as the Encore Consent Order by the CFPB. Boy, oh boy, am I glad I found you guys, and I hope I can get some assistance that is more than a "You can do whatever you want!" or a "Just settle!" I have mild Aspergers' so it makes it really difficult for me to conceptualize a lot of things, and I ask a LOT of questions because of it. I feel really bad for my court clerks, who understand that I am not looking for guidance but AM looking for guidance, if that makes sense. We originally had a pretrial conference date back in February for this case; at the time the representation for the Plaintiff was unreachable and they did not call in to the meeting, so at the time the judge dismissed without prejudice -- he was very gracious in hearing that I had just filed a compulsory counterclaim in the case the week before - I got a postcard detailing the TCPA Litigation Settlement and upon calling in to ask about that the counsel for that case confirmed I could file but suggested instead that I use the evidence they provided as well as my police report about the phone calls and a statement from my mother and brother regarding how they'd received the same threatening calls for me that day. If the judge had dismissed with prejudice I wouldn't be able to pursue that, legally. The counterclaim is for several FDCPA violations and the TCPA violations; I had not filed a claim in the Settlement and was told to wait to opt-out until it was "safe" to do so. Meaning that when my counterclaim would be accepted. I could then just ask for a simple wash in pre-trial, that would be more than incredibly reasonable. No one would collect anything and we could all go our ways. So I walk out of the courthouse with a notarized dismissal, a smile, and a nice comment from the judge about how annoyed he was by the Plaintiff. (Like, me too, sir, holy cow.) Fast-forward an hour later as I'm on the phone with my mother, the court calls back, and says "We have the Plaintiff's counsel on the line apparently they called the courts and left messages that they would be taking control of the case." I wasn't really given a choice in the matter and was told we would set another pre-trial conference for today; as they were still receiving file work and waiting on my counterclaim and the counsel didn't feel it was "appropriate to talk settlement numbers just yet". They apparently filed the paperwork for the new counsel and filed a motion to strike my counterclaim (fairly, state law says a counterclaim is to be filed with the answer, so I already had a feeling not to bank on that getting me anywhere) - I received a letter from the court last week saying the judge had extended my time to file a response to that motion, so I hauled down to the courthouse for the paperwork, as I never received any of that, and filed the response yesterday. Today was the pretrial. We had a different judge who completely steamrolled me with an "Are you a lawyer? I've been in law for 50 years, none of this is a counterclaim, I don't care who advised you on this, this is all separate from your matter at hand here." while I tried to defend and explain the reason behind the compulsory claim. I just decided to stop and shut up. Just over five minutes after being called into the courtroom, I left with an order to resend a document request I had sent in January and never received a response for, as well as the expectation to provide one to the Plaintiff. Also that "(I) could just call and settle with them if (I) just decided to just do that, (I ) can still do that." The court clerk could not access the scheduling program, so we verified my contact information (not the plaintiff's though) and was told to expect to be notified of a pending court date in the near future. So I'm home, had a bit of time to cry my anger out, and cracked open a beer and decided to start directing my anger properly. I'm also looking at the old posts by beergoggles, reading through the consent order again, as well as bookmarking some other tabs to read after dinner. At this point I guess I can safely ask now.... help? Thanks.
  17. 1. Who is the named plaintiff in the suit? Midland Funding LLC (Warren, MI) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No named law firm - lists 4 separate plaintiff's attorneys 3. How much are you being sued for? ~$860 4. Who is the original creditor? (if not the Plaintiff) Amazon.com -- Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Received a Summons and Complaint via mail and notice on door 6. How were you served? (Mail, In person, Notice on door) Mail and notice on door. 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? No correspondence 9. What state and county do you live in? Michigan, Ingham County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/13/2014 11. What is the SOL on the debt? 6 years in Michigan 12. What is the status of your case? Unsure - so far have only received the Summons and Complaint, and Order Regarding Alternate Service 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Until 4/14/16 - 28 days, as I received the Summons & Complaint by mail 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of the Midland Funding officer (not sure about the formal name for this document), bill of sale from Synchrony Bank to Midland Funding, and account activity summary/payments from Amazon.com - please see documentation they sent by following the link below. HERE IS A LINK to the Summons and Complaint/attached exhibits: https://drive.google.com/file/d/0Bx30KmII08DUVDVOcVdvY2NjVDA/view?usp=sharing Other details that may be pertinent: I have no assets or income -- currently unemployed -- and I would prefer to take care of this outside of court, if possible. What is my best course of action, here? Should I file a Motion to Compel Arbitration and request the American Arbitration Association (I've read that they’re not so fond of Midland…)? If so, if anyone has any “pre-written” or outlined documents to alter and send to Midland and my district court, I would sincerely appreciate those, as well. I welcome any other suggestions...I’m new to this and quite overwhelmed! Thank you very much for your time and assistance.
  18. Has anyone had any experience with proving that Midland Funding's affidavit's were robo-signed - that the person notarizing affidavits does not match actual notary's signature or that person signing affidavit does not match actual persons signature? Below link describes the practice Midland Funding LLC and it's parent companies and PRA paid millions to settle in September 2015. ( they paid up to $42 million in consumer refunds and a $10 million penalty, and [were ordered to] stop collection on over $125 million worth of debt. See consent order http://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf The Bureau found that Encore Capital Group [Midland Funding parent company] and Portfolio Recovery Associates bought debts that were potentially inaccurate, lacking documentation, or unenforceable. Without verifying the debt, the companies collected payments by pressuring consumers with false statements and churning out lawsuits using robo-signed court documents. See CFPB press release http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/
  19. I just received a letter from capital one,which was sent to my old address, and its saying that I have a balance of $635.42 with them and that it's with midland funding now. I have a problem with this because first of all, I don't have a capital one credit card. Second, I'm 20 years old, and I only have 1 credit card, which was a credit card from my bank with a limit of$300. Can somebody help me. How do I deal with this. I received the letter just today from my friend, and it was dated november 14,2015. I emailed capital one already telling them that I don't have any credit card with them. And I googled midland funding, and found out that they will sue you if you dont get back to them. I'm so confused of how to deal with these. can somebody help me, please.....
  20. Good morning all I know this may really be a dumb question but just want to be sure. For the CCP 96 form aka: DISC-015 can this form be submitted to Responding Party via CMRRR only or should it be acompanied by a POS by mail as well? Intially our case was scheduled for Case Management Conference only but the courts changed it to include a Trial as well on 10/24/14 so I need to get this out to Midland asap but want to make sure it's served properly the hearing is scheduled for 12/11/14. Thanks in advance for your help.
  21. Help please......I just received a motion for Summary Judgement from Midland funding LLC. I answered the original complaint 2 months ago and now recieved this Motion for Summary Judgement yesterday. There is a trial date set for May 15, 2014 and it states I have 30 days to respond. I need help with my response.. Any help would be greatly appreciated!! I want to fight and win!
  22. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? *Private* 3. How much are you being sued for? ~$10XXX.XX 4. Who is the original creditor? CHASE BANK USA N.A. 5. How do you know you are being sued? Served by Process Server 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? Never heard of them 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) unknown 11. What is the SOL on the debt? 4 Years. Still in SOL according to documents. 12. What is the status of your case? Suit served? Motions filed?. Served. Need to file Answer. HELP! 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? No. Wasn't aware of them and never received any certified mail from them. I don't answer calls from blocked numbers. No voicemails were ever left. 15. How long do you have to respond to the suit? 10 Days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copy of a Final Chase Statement Hoping to get some GREAT feedback and keep my info generic in order to not unknowingly feed the "other" side. I don't have $$ for attorney, so will start Pro Se. Found a great template for Defendant answer. Looked up similar cases in my county and really cringe at all the defult no-shows. I'm not going to be one of them. I've represented myself before on unrelated legal matters, but will tag an attorney once I know I'm over my head.....or Midland decides to stop losing money on me. My intent is to respond with a general denial instead of point by point. Do I increase my chances of them losing interest if I deny with affirmative defenses? I need to get an answer filed by Friday, 3/1. I commit to helping others once my case is resolved. I'm a lifelong learner. "MyOwnLawyer"
  23. reference to Midland, my husband was served with a Summons/Complaint on Dec 28....old old debt.. already ..sent/filed response...now we have the Admissions and Interrogatories to answer. Question...as I have been reading the thread that someone posted about winning their case in California against Midland.....in reference to the Case Management Conference....how will we be informed of the date? Is the plaintiff required to inform us or will the Superior Court do so or are we just totally in the "dark" about it?
  24. So, it's been a rough few years. Last month, just as things were starting to pick up, I was served by Midland - talk about bursting my bubble. So, I'm getting ready to address this and have spent a great deal of time on this site researching this kind of suit. Time to ask for some advice, my details are as follows: 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.) Midland. 3. How much are you being sued for? ~ 5K 4. Who is the original creditor? (if not the Plaintiff) CHASE 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person, summons left with family member. 7. Was the service legal as required by your state? Yes – far as I know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I may have spoken to them on the phone. 9. What state and county do you live in? San Diego, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I was not outside SOL. 11. What is the SOL on the debt? To find out: 4 years in CA, or 3 years if Chase invokes Delaware law. 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? 30 days. I’m ready to respond, probably tomorrow. The complaint is for ACCOUNT STATED – this is the only complaint in the papers. 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. Nothing.
  25. my name is Jen. I am trying to assist my Dad, he is being sued my Midland Funding on an old Citibank(Home Depot)acct. I have till Jan 31st to file his answer. I was wondering if anyone could give me advice? I have a template to file his answer (denies all), however, I found out that in July of 2011 State of Texas filed against Midland Funding LLC State of Texas v. Midland Funding LLC, et al, Cause No 2011-40626 link removed..... should I site this in my dad's answer?? I'm not familiar with this trying to be a good daughter & help him fight. Thanks in advance any help would be greatly appreciated. ~Jen