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  1. I'll provide a brief summary to get ya up to speed: Midland funding approx. 2 months back filed a complaint with 2 counts. 1 count is "FOR MONEY LOANED" and the 2nd count is for "ON ACCOUNT". I do not want to post too much detailed information about this suit for obvious reasons but the amount they're suing for is under $1000. I am not being sued by the original creditor though, I am being sued by a junk debt buyer (midland funding) on behalf of their attorney. So I and my spouse appeared in court & watched 95% of all the defendants suffer a default judgment. Basically what happens is the court clerk / bailiff calls all the names on the docket. When you hear your name and you say "here", their lawyer just found out they aren't getting a default judgment out of you (at least not yet) b/c you actually chose to show up & since 99% of the time they don't have the evidence it takes to win a judgment in a bench trial they will respond by saying "second call" as opposed to "ready for trial". After all the names are announced the judge leaves the room and all the lawyers are seated at 4 tables in the corral (in front of the court). 1 by 1 the lawyers call up the people they're suing and the court allows these lawyers at this point to harass each and every defendant in an attempt to pressure them into waiving their right to a bench trial & signing a consensual default judgment. Pretty sweet deal for the lawyers ehhh? Don't even have to prove a case....just pressure people who don't know any better and disgustingly I watched one by one people signing away their rights without so much as a whimper. It about made me want to puke. As soon as we were served with the complaint, I immediately searched & found this site where I obtained a nice Debt Validation letter coupled with an order to cease & desist. I know at the point you're being sued dv is useless but since this complaint is the first demand for payment i've received I figured i'd still give it a shot. By the way, on the complaint they included an "exhibit" which is apparently their proof that a contract exists which is nothing more than an acct # & a total $$ with the defendants name.....very laughable. Anyways when our name was called, we approached the lawyers corral & snidely the attorney looked at the file & saw the cease & desist order & immediately pulled out a "waiver" which she asked my spouse to sign so we could "talk". I instructed my spouse to decline in front of the attorney & said since your client has not been able to comply with the debt validation, we have nothing to discuss. She tried to cut me off in the midst of speaking as a lame attempt to annoy me since I ruined her little hot streak of defaults...she looked at us as if we were stupid for not wanting to talk to her. It was the first time in my life I truly felt like somebody tried to insult my intelligence but then again, most people are stupid so I guess I can see their angle working most of the time. So we turned to walk away and she stopped us and rudely said, "well do you want a copy of your continuance date or not"...as I smiled politely, I said that'd be great. They continued it for 1 month to try to maneuver a default judgment out of us & I will explain in detail how they do this. (just showing up for court as a defendnat isn't enough!). About a week later, we were served with a request for production of papers & things as well as a request for written interrogatories. These are fancy words for discovery which they use for 2 purposes to win. The production of papers is basically a list of papers they want you to produce such as correspondence you've had with the original creditor or collection agency and basically any other piece of paperwork under the sun that might prove their case. So in a nutshell, they're basically saying..."hey, MR. defendant...since we don't actually have any evidence against you to win in front of a judge right now....would you be so kind as to incriminate yourself by sending us these documents that we don't have & can't prove that you have....sooo if you could just be a doll & send those documents right over that'd be just great!". Now the purpose this serves for the plaintiff is that two pronged: 1: if your responses in any way indicate your assumption that the debt is yours, you just screwed yourself (such as disputing the amount etc....you just admitted the debt is yours, now you're just disputing amount). 2: if you fail to comply with the request for production of documents within the 30 days as required by law, the plaintiff will file for a motion for default judgment & they will win b/c you failed to comply. In 99% of cases, this motion for production of papers will win their case by nailing 1 of those 2 points. YOU MUST COMPLY AND YOU MUST NOT ADMIT ANYTHING. MAKE THEM PROVE THEIR CASE! So here is my response to their production for documents:
  2. So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons. Your mind is spinning with all the options you feel you have at this point (and I know first hand that those options seem crappy) but the very last one on your list is "Fight these *expletives*". I'm sure it is the VERY last thing you think you could ever do and the thought of even being successful feels like a long shot at best. Well YOU'RE WRONG!!!!!! It's not as hard as you might think and the odds of you winning when going to court with a JDB (junk debt buyer) are more in you're favor than theirs 90% of the time. They are unwilling to buy the evidence they need to win and have to get someone to vouch for the docs they want to use anyway. So it's a matter of following the rules and calling their bluff and the odds are well in your favor. I am a 33 year old high school grad and work as a Paramedic for the past 12 years. I have a year of college education before becoming a medic so that gives you an idea of where I started my journey on this forum. I have been to the court house, not court before a judge, all of about 2-3 times in my life before this, and those were for traffic infractions. I have NEVER been in a courtroom and I was, to put it lightly, inexperienced in the area of law. So along came this forum and the people that are on here. These people are AMAZING and taught me how to fight my case. Now if you're here to have someone do all this for you then you need to reevaluate your intentions. YOU and only YOU can legally fight your case unless you hire a lawyer. So you need to understand everything about your case so you can defend yourself if your case makes it to court. Read this thread by Coltfan. It really helps us understand standing since it's the key to a JDB case, or any court case. This is how you take apart the JDB's case by making them prove they have standing to sue. Guess what, they usually can't. Two days ago I had court and today I found out I won my case. Here are the docs that I used while fighting Midland. These docs are for your reference and are not legal advice. You need to understand how they apply to your case and what is contained in them in the event you have to articulate a point to a judge. This case was in California and as such case law applies to Cali. Study your local court laws to find due dates for motions and other items. Please read around this forum since your case may not fit mine and other options might be better suited. I used a general denial since the content of the complaint wasn't verified. This, in my opinion, gives the JDB very little to grab hold of if you were to use the wrong affirmative defenses. KISS method, you know. I tried to play as stupid as possible to keep from tipping my hand that I was building my army. Just remember do you really want to ask for docs that will only help build their case against you?? All docs you send to the plaintiff need to have a proof of service attached and signed by someone that isn't a party to the case. Send everything, and I mean everything, by Certified Mail Return Receipt Requested (CMRRR) so you have proof they got it. Save the green card you get in the mail and attach it to your copy of the doc it applies to so you can reference it easily if they say they didn't get something. (Not uncommon) As you get docs from the JDB put them into a binder that is divided into sections so you can easily find what you need if you go to trial. It's easier to do this as you get them than later when you have a huge stack. I got my summons and answered the complaint with the general denial. Do this first since its due no more than 30 days after you were served. I sent my Request for Docs to start my discovery: My Request for Production of Docs (Discovery doesn't get filed with the court so just save copies and the CMRRR for each one you send) They sent me RFA, ROGS and Doc request and I responded: Response to Plaintiff's Request for Admissions Response to Plaintiff's Request for Docs Response to ROGS They responded to my Request for Docs with junk. Junk that most here seem to get in their discovery. When I say junk I mean nothing proving real ownership of your account. At this point I had a choice since most JDB's will respond with as little evidence as possible (since that's all they have). You can either send a Meet and Confer if they don't respond with the evidence needed to prove ownership. If they still side step you then you will have to file a Motion to Compel. But again do you want to tell them you know their docs won't win in court????? Because that is what you will do by forcing them to produce better evidence. Isn't the point to have a better case than your opponent? I was in the process of prepping a MTC and opted to just keep my mouth shut and drill them at the last second when they didn't have much time to work with. Here is the MTC and separate statement but again I never used them. So next was our Case Management Conference (CMC). The CMC is VERY basic and nothing to stress about (but you still will, I did). Dress for war since this will be the first time they get to size you up. This will be in front of a judge so be ready for that too. You will just be asked if things are going as planned and if anything needs to be ironed out. About 99% of the time the JDB lawyer will try and push trial back in hopes you will loose focus and forget something. Didn't work in their favor this time. You can try and fight this or use it to your advantage too since time can work on your side too. Be sure to file a CMC Statement prior to your CMC. After this I opted to go the route of being silent and vanished like a fart in the wind until 45 days before or trial date. This time was a total of 4 months since the rent a lawyer that they hired for the CMC pushed to have the trial moved as far out as they could. So at this point (45 days out) I sent my CCP 96. The CCP 96 makes the JDB disclose everything they intend to use in court. If they don't disclose it then they can't use it so it's a 100% mandatory tool in your case. DON'T MISS THE DEADLINE FOR IT!!!!!!!!! They will most likely respond with the docs they are going to use and any witnesses they plan to use. Most of the JDB will have a CCP 98 (affidavit in lieu of live testimony) submitted in an attempt to get the bogus docs past the business doc hearsay rule with out having to use a live witness. The key here is to subpoena the witness that is listed on the CCP 98 at the closest address to the court. The reason for this is that 99% of the time that person isn't going to be available for personal service there. Notice I say personal service, per CCP 1987(a) the service of a subpoena must not be in care of. It has to be to the witness. DO NOT let the JDB try and side step this. (Edit 6/25/13 - there is now Cali case law about the CCP 98 service. Calawyer posted a thread about it on the forum. Be sure to include it in your brief and MIL because they will attempt to side step the fact that service was unsuccessful.) So per CCP 98 you can attempt to serve the witness 20 days before trial at the address given. They address they give must be 150 miles at MAX from the court. If it's further it doesn't follow the code. They tried to give me 5 addresses to use for service but only one was in the 150 miles and that address was vacant (not good for them). So fill out a Subpoena and have the Sheriff Dept in the county where the address is listed attempt service. If they don't then use a process server. Be sure the server knows that service needs to be to the witness ONLY. It's the law. If service is unsuccessful then you can submit a Motion in Limine just before trial to get the CCP 98 affidavit tossed out. With no witness they have no way to back up the docs they want to use for evidence. I wrote this to help those after me understand why attacking the witness is so important. So next is the Motion in Limine and the Declaration in support of it. This will get the affidavit in lieu of testimony tossed and basically kill the case. No witness to back up the docs then the docs are hearsay and they can't prove they have standing. You also need to file a Trial Brief before trial. This presents your case to the judge. This will educate, him or her, as to why the JDB has no case. It has case law and references to codes of civil procedure in it. It's your case in a nut shell. I also filed a Request for Judicial Notice. This points out facts that may become part of the trial that are so obvious that they can't be contested. An addess is either outside the 150 miles or its not, no debating that. I submitted the request to point out that the mileage for 4 for the 5 CCP 98 addresses were clearly outside of the 150 mile range stated in the statute. I attached printouts from Google maps showing the miles. The MIL, Brief, and judicial notice all need to be sent to the plaintiff too. CMRRR remember? Here is a 60 day pretrial checkoff that was written by Seadragon. Links have been added to the appropriate docs. Next comes trial, if it gets that far. Wear a suit, rent one if you have to. I live in a county that has a fair amount of low income people and when I got called up by the judge I heard a guy behind me say "I thought he was a lawyer". That's what you want. Take your trial binder that you made. Act professional, it will go a long way with the judge. At the beginning of my trial the judge asked opposing counsel if he was a lawyer. I think he was so unimpressed with the lawyer's appearance that he really didn't think he was a lawyer, needless to say the lawyer was PISSED. I'm going to stop here for now. By this point you will be asking questions on the forum that apply to your case so you won't need this. (Edit: I added more about the trial in a post farther down in this thread at people's request. You can read more there about how trial went there) Just remember you can do it. They are beatable most of the time and they usually get stomped. Why do you think most don't go to trial? Thanks to Calawyer and Seadragon. Without them this wouldn't have been possible. Feel free to PM me with questions. I may not see your thread so you might need to ask me if you have a question. If others want to add to this thread feel free. (Oh and Midland if you read this :'> and send a better lawyer next time. The judge had to ask him if he was a lawyer at the beginning because he looked so lost, that's sad.)
  3. Thank you OregonActor for bringing this to my attention! I thought it should be shared with any others dealing with Suttell & Hammer. SPOKANE (CN) - A Bellevue law firm works with collection agencies to mislead courts and consumers by using "robo-signers" in Minnesota who sign up to 400 affidavits a day, falsely swearing they have "personal knowledge" of cases in Washington state, to secure speedy default judgments, according to a federal class action. The class claims that Encore Capital Group, Midland Funding, and Midland Credit Management work with the Suttell & Hammer law firm, faxing a boilerplate form to a "legal spe******t" in Minnesota, who signs the affidavit before any supporting documents are attached. "Encore Capitol Group ('Encore Capitol') has developed a proprietary, sophisticated, 'system driven' collection process based on the 'predictive behavior' of consumers (and state courts). In conjunction with its subsidiaries and 'franchisee' law firms (including the Suttell Law Firm) it engages in computer automated, high volume, state court litigation in the collection of distressed debt (purchased at pennies on the dollar). "That predictive behavior results in a very high default rate of judgments of unproven cases or for inflated amounts: 1) because the filing of the collection lawsuit by an attorney implicitly misrepresents that the attorney has had meaningful involvement in developing and evaluation of the case against the consumer-debtor, 2) because consumer-debtors frequently default if it is made to appear that a creditor, represented by an attorney rather than a collection agency has sued them, and 3) because that state courts reviewing high volume filings of defaults and summary judgments will enter judgments if it appears on the surface that documentation supporting the debt has been properly attached to the default or summary judgment package. The debt collectors collecting purchased distressed debt have a significant hurdle to overcome in the collection of large portfolios of distress debt (much of it aged) using the state courts. Due to the nature of the purchased distressed debt, the high volumes, and automation the defendants are unable to meet the requirements of the rules of evidence of providing proof of the records of the debt without misleading the state courts and consumer debtors. "Instead of providing actual admissible evidence of the proof required in a breach of contract lawsuit, the Encore defendants (with the knowledge of the Suttell attorney defendants) hire collection agency employees as 'Robo-signers,' according to the complaint. "The Robo-signers sign several hundred affidavits a day falsely claiming that they are a business records custodian with personal knowledge of the facts. They falsely claim in the affidavit knowledge of the assignment(s) of the debt, the amount of the debt, the interest rate, the default of the debt, the alleged credit card terms and conditions, and the record keeping procedures of every bank in America. "It is made to appear to the state court judges that the debt records filed with the court were attached to the affidavit by the affiant. This is not true. The affidavits are signed in Minnesota by a Midland Credit Management (a licensed collection agency) employee. Only the two (2) page affidavit is shipped to the Suttell Law Firm in Bellevue Washington. A non-attorney Suttell employee sometime later, as needed, selects and attaches documents to the 'business records affidavit' to send to the court for filing whenever a default or summary judgment motion is required. The court is lead to believe that the affiant has authenticated and established the reliability of the records but the affiant does not even know what records will be later attached to the affidavit by the Suttell employees." (Parentheses in complaint.) The complaint adds: "The affidavit is printed on a printer at the desk of a randomly selected MCMI employee, employed in St. Cloud, Minnesota. The person selected to sign the affidavit is based upon when the affidavit comes off the printer and which printer rather than any personal knowledge of the affiant of the account being collected." The class claims that each "legal spe******t" signs 100 to 400 affidavits a day. One spe******t who swore she had personal knowledge that "the plaintiff's predecessor in interest sold and assigned all right, title and interest" did not "have any personal knowledge of who the plaintiff, Midland Funding LLC's predecessor in interest was or even know what a 'predecessor in interest' was, nor what it means to have 'sold and assign all right title and interest,'" according to the complaint. The class claims that Encore developed its business using a sophisticated process that predicts the behavior of consumers. Defendant Midland Funding is wholly owned by defendant Midland Portfolio Service, which is owned by defendant Midland Credit Management, which is owned by defendant Encore Capitol Group, which is a publicly owned corporation that trades on the NASDAQ under the symbol ECPG, according to the complaint. All work out of the same address in San Diego. Defendants are Mark Case, Malisa Gurule, Karen Hammer, Isaac Hammer and William Suttell are all attorneys in Washington state, and all are employees of Suttell & Hammer, the complaint states. The class claims false affidavits were "served and filed in thousands of cases," in violation of the Fair Debt Collection Practices Act, the Washington Consumer Protection Act and the Washington Collection Agency Act. The class seeks treble damages, disgorgement of interest, service charges, attorneys' fees, collection costs, delinquency charges or any other fees collected by the defendants, and injunctive relief. The class is represented by Michael Kinkley of Spokane.
  4. Guest


    I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to have the debt. I think he called it 319b a local Magistrate ruling they can use. So when the new date came up I showed up for trial. I WAS SO SCARED!!! I ALMOST DIDN'T GO!! When I came across this website I began to gain confidence and decided to fight back. Midland funding LLC chose and attorney in Philadelphia to send me a letter that only showed the amount the last 4 digits of the credit card number and my name. They filed that letter with the local magistrate and I received a certified letter saying that I was being sued. I began to read about who Midland funding was because I did not know anything about them and I learned that they were buying debt by the thousands for only Pennies on the dollar and it made me even more angry. I put together a document "answer to the complaint" and a "request for documents", hoping Midland would have to prove their case. When I arrived there I was upset but ready to battle. They sent me into the Courtroom. I stood up as the Judge walked into the room. He said Thank you and allowed me to sit. He said, I did my research on Midland Funding and found they are a debt buyer and for pennies on the dollar. He said, Do you see Midland Funding or its Reps in the room? I stood up and said, no your Honor. He said, well do you have anything to say to the court today regarding your case? I stood up and said, I have prepared an answer to file with the court and he interrupted and said " well that's the beauty of your local court and answer is not required" He said AS HE LOOKED AT THE EMPTY PLAINTIFF SEATS WHERE MIDLAND WAS TO BE, " do you have any requests of the court today considering Midland funding is not present? And he kept saying that and then I got what he was saying and I said "um your Honor, I would like the CASE DISMISSED?" In a questioning voice. The Judge said CASE DISMISSED, DEFAULT JUDGEMENT ENTERED FOR THE DEFENDANT He reminded me they have 30 days to Appeal and good luck!!! YEAH, SO PLEASE SHOW UP NO MATTER WHAT!!! NO MATTER WHAT!!! TRY NO MATTER WHAT!!! #HappygirlinLancasterCounty
  5. Quick Question. I am behind the eight ball and late in the game but need some solid input. Upcoming trial in Texas with JDB within 30 days. They have forward flow, bill of sale, affidavits, a couple of individual statements and personal account info extracted from their mass buy. No signed agreement with original creditor and obviously no complete sales agreement for the JDB's mass buy. I did answer complaint with general denial but that is all. Trial is within 30 days and I have yet request discovery. My impression is that I should be asking for things like alleged original credit application, credit card agreement, JDB's sales agreement, etc... I also understand discovery works both ways. The issue is that if I request discovery from the JDB (judge has to approve), they will have 30 days to produce and the trial will be before then so it would be a moot point. So, the primary specific question is: At this point, am I better to... A. Request a continuance from the court to have appropriate time for me to demand discovery, motion to strike affidavit, etc...? or... B. Requesting an extension may be a tactical error and better to go into trial with no discovery on either part and just argue the issues of their lack of those items? I would really appreciate hearing possible Pro's versus Con's. Sincere thanks.
  6. 1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks. I’m in Ohio. Can anyone please help me with this?
  7. This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested in the validation letter was ignored. So, after I looked at what they sent back I didn’t do anything because at this point I wasn’t being threaten to be sued. I figured they’d just go pick on somebody else who was an easier target. I was wrong. A few weeks after I received the letter back from the collector. I was returning home one day and a car pulls up in my driveway behind me and an older man gets out of his car and asks if I was the person he was looking for, and I was. I was then served the complaint/summons. Like many, my gut sank and I panicked. After a day or so, panic turned into anger and fueled my desire to beat Midland in court. I did my homework and used the info I gained from this website and answered the complaint. A week or so later I received a packet from the attorney, which was their request for discovery. If you don’t know what discovery is, it’s the plaintiff (Midland/Attorneys) asking for all the info that you might have to help them with their case against you because they don’t have anything or very little to get a judgment against you. As I went through the discovery packet to see what Midland wanted from me I became overwhelmed. So, I called an attorney and had him answer the discovery for me. It wasn’t cheap, but better than letting Midland win and having to pay an alleged debt to them. Now that the discovery was completed and filed with the court, I wait. As a week goes by, I receive a notice of hearing from the court. This is my first chance to really see how this is all going to unfold. So, the hearing date comes and I appear in person and the attorney phones in. That’s right! The attorney doesn’t even show up to the hearing and on top of that, the attorney who called in wasn’t even the attorney that had his name all over the complaint and discovery. The new attorney had the lawsuit dropped on his desk that morning. This was a strong indication to me how this was all going to unfold. At the hearing I stated that the debt wasn’t mine and the attorney said if this was a fraud case that they didn’t want anything to do with it and all I needed to do is fill out an affidavit and hope that Midland would drop the lawsuit. At that point the Judge scheduled the trial date and that was the end of the hearing, which only lasted 15 mins. A couple days go by and I receive an email from the attorney and it has the affidavit attached to the email. I open the attachment and read through the affidavit and realized that they were requesting the same personal info that I objected to and didn’t provide in the request for discovery. So I didn’t fill it out and again waited. The day has now come. Leading up the trial date I organized my defense and mentally went over it in my head almost to the point of going insane. I get to the courthouse about 20 mins early to once again go over my defense and in hope that maybe no one shows up for the plaintiff. Five mins before the trial is set to begin, I see a short elderly man walk into the court room. CRAP! I was really hoping the attorney wouldn’t show and I’d win by default. Oh well, let’s do this! I enter the court room and take a seat and get organized. The judge enters; we stand, and then sit. The judge starts addressing the attorney and it turns out that the attorney sitting in the court room isn’t even the attorney from the actual law firm representing Midland. The law office hired some random rent-a-lawyer to appear and he only had from the previous night to look over the case. The judge addresses the lawyer and the rent-a-lawyer calls me to the stand to testify. I was prepared to be questioned and how to word my answers in case the lawyer tried to be tricky, and he was. He started off with a few “Yes” questions in order to get me in the frame of mind to say YES to anything he says. But when it came to the questions of the alleged debt, I was a rock. Remember, it is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. Remember everything I just said because it comes into play in the second lawsuit. Anyway, after a few minutes of denying the judge turns to me and asks what I have to prove my case. What I presented to the court was my debt validation letter that I sent months ago and how it went for the most part unanswered. The judge asked a few questions to the rental lawyer, which the lawyer seemed to get confused by the questions and my presentation of my case. Rent-a-lawyer and I went round and round over my evidence and finally he got it. I was then put back on the stand and that’s when the lawyer tried to submit what I was sent in discovery from original attorneys into evidence. The judge turned to me and asked if I had seen the documents and I said, “Yes and I object to it on the grounds of hearsay”. The judge looked over the documents, which consisted of a bill of sale, affidavits, and some print outs of what was allegedly purchased with account in question. Then the judge turned to the lawyer and told him that based on what he has reviewed in the documents, he agrees that it’s all hearsay and will not admit the documents into evidence. The judge then started on the rent-a-lawyer by asking him questions on how he could even consider a judgment in the favor of the plaintiff based on their claims. And that’s when the lawyer thru his hands up in the air and said, “Fine, motion to dismiss the case without prejudice”. RED FLAG! That’s when I turned to the judge and requested the case be dismissed with prejudice. The judge made a few comments to the lawyer about how I’ve spent time and money over this case and that he was going to honor my request to dismiss with prejudice. Finally, this five month stressful experience was all over and I’ll never go through this again, right? So I thought. The Second Lawsuit Fast forward ten months from the end of the first lawsuit and I get served again by the same law firm and Midland, but for a different alleged account… on my birthday. I want to take a moment and talk a little about Midland. If they get their hands on a junk debt that they say you owe, I can almost guarantee they will come after you based on my experience. Midland, as many already know, is notorious for filing lawsuits. But from what I have seen from them in the court room, as long as you do your homework and show up in court, you will have the upper hand. Ok, let’s get to this second bogus lawsuit. The process was the same from the complaint/summons and discovery as the first lawsuit, but this time I didn’t need a lawyer to complete the discovery because I kept the one from the last lawsuit. So, the complaint and discovery were word for word copy for the most part so all I had to do is make a few changes to make it fit. Once all the paperwork was filed with the court and copies sent to the Midland’s lawyers, I sent a debt validation letter to the law firm. I figured what the hell, why not. It was the same format as the letter I sent in the first lawsuit and I got back the same garbage from the debt collector (law firm) as I did in the first lawsuit. The hearing date comes and goes and a trial date is set by the same judge as the first lawsuit, which was a good thing for me because I knew what to expect from the judge and how he worked. A week before the trial everything changed and I thought I was doomed. I was getting my mail and received an 8 ½ X 11 size envelope from the lawyer. Now I’m thinking, great, what now. What they sent me was a Notice of Exhibits and Witnesses for trial and a Notice of Intent to use 902(11) Evidence. Ok, let’s break this down. The exhibits and witness consisted of the same documents that I received in discovery except, one new document that was titled Book Records Affidavit or something like that and two female names and mine were listed as witnesses that may be called upon at trial. Up until I received all this new info, I was confident in my case, but all that went out the window and I felt like I did during the first lawsuit. Again, a day goes by and the panic turns to anger and strength to get my head on straight. First I realized that Midland was trying to scare me into believing that they were going to fly witnesses from out of state to testify against me. Financially for Midland it made no sense. Second, what the hell were these women going to testify to? Anyway, I prepared questions to ask them at trial and planned on objecting to anything they say on the grounds of Lacking Personal Knowledge and Hearsay. Now to the important part of the notices I received, Notice of Intent to use 902(11) Evidence. In my state this rule basically protects the plaintiff’s evidence from the hearsay rule based on the grounds that the documents were maintained accordingly by the party. I had a hard time with this one and I was going to take my chances at trial to get around the rule. On the day of the trial I was a wreck. But, I had to keep in mind that they still had to prove their case to the judge. Remember what I said back in the first lawsuit? It is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. This is how I used the above statement for my defense: Midland Funding did not have a contract with my signature or agreement from the original creditor showing I owned the debt and they didn’t show how they calculated the amount and what was purchased with the alleged credit card. Midland Funding didn’t have a contract/agreement between me and Midland stating that I owe them anything. And most importantly, as I examined the bill of sale there was not one mention that Midland Funding, LLC actually purchased or owned the specific debt that they claimed I owed. NOT ONE WORD. All it stated is that Midland bought a POOL of charged-off accounts. Everything that I mentioned above is essential for JDB’s to prove their case and they don’t have such info, unless you give it to them by agreeing to pay them. Ok, now for how it all went down in court. I get there early like last time and wait in the court room eagerly watching the clock to strike 9 am. About five minutes till 9 a tall order man walks into the court room and asks if I am the defendant and I say yes. Then he goes on to say he’s the attorney representing Midland Funding, LLC and guess what? He’s a rent-a-lawyer! This lawyer like the last only received the case files the day before and he was alone. NO WITNESSES. The rental then asked if I’d be interested in settling and I said no thank you. The judge enters; we stand, and then sit. This time we each get to have an opening statement before I get called to the stand. So, in my head I know the lawyer is going to ask the “YES” questions and try to trip me up. Not going to happen. He starts off asking basic questions like what’s my full name and address. Then he started with questions on the alleged debt. After I honestly denied his questions, he started to introduce his evidence. The rental did this in a very drawn out way by introducing one document at a time and explaining why it should be admitted. As soon as he went to submit the first exhibit, I OBJECTED on grounds of hearsay. Remember the Notice of Intent to use 902(11) Evidence, well it was used and it worked for the rental. Every document he submitted for evidence was accepted by the judge based on the 902(11) evidence rule and the hearsay rule was useless. So now that Mr. Rental had all of his exhibits entered into evidence, I was given the opportunity to make my case. I knew I had to push hard and really focus on the statements that I outlined earlier for my defense. When it came my turn to present my case I started with the easy approach. I went with the debt validation letter I sent to the law firm. I made the case to the judge that I had sent the letter and it was ignored for the most part and they failed to send me what I requested in the letter. I also made the case that what was sent to me could have been created by anyone with a computer that had Microsoft Word. The judge agreed. The letter came back into play, but I’ll touch on that in a few. At this point, the rental didn’t object to anything I was saying and the validation letter was admitted into evidence. Next, I started on all the documents that were admitted against me and that weren’t. First, where’s the contract with my signature stating I entered into with the original creditor? Judge, “Counsel do you have that document?” The rental states, NO. Then I move onto the bill of sale. I bring to the judge’s attention that there’s not one word in the bill of sale that states that Midland had actually purchased the specific alleged debt that they are claiming they own. The only words that state that Midland bought anything were POOL of charged-off accounts. No specific indication that Midland actual owns the specific debt that they are trying to sue me for. This unleashed a hail storm of questions from the judge to the rental, all of which the rental had NO answer or proof of. With that being said, I attacked with, where is the contract that states I entered into an agreement with Midland to pay them? Again, the judge rips into the rental with more questions. Judge, “Counsel, I don’t see an agreement in which the defendant and the plaintiff entered into a creditor/consumer contract, do you have one?” The rental sits for a second and then replies, “No”. After that the judge started recapping everything I pointed out and lectured the rental on how can a suit be brought forward if there isn’t enough evidence to prove their case. Now we get to what sealed the deal, if not already. While the judge was lecturing the rental he noticed something on one of the documents that was submitted into evidence by the rental. It was a credit card statement. The statement had three different dates on it and one of those dates I didn’t notice and over looked. One date was a date referencing being a member since whatever year, the next was a due date which was two years after the member date, and the last, the one I over looked had a date that went back SIX years before the “member since” date and showed interest charges. What a minute! How could interest charges be on a statement SIX years before being a member? RED FLAG! The judge then stated that the date of the interest charges date back to being thirteen years old, which puts the alleged debt eight years past my states statute of limitations. So not only does Midland have nothing document wise to prove anything, now they lack legal standing to even bring suit because one can now make the case that the statute of limitations has well come and gone. I really wish I had noticed the dates when I received the complaint/summons and had the case dismissed with prejudice at the hearing. Oh well. After piling my defense on the court and the rental, the rental puts me back on the stand for a last ditch effort to question me. He asked a few basic questions and at that point the questions he was asking I could only speculate on and that’s all I said. The rental said no further questions and I stepped down from the stand. The judge then asks to hear our closing statements. Mr. Rental’s closing statement was him just asking for damages to be rewarded to the plaintiff based on that they FEEL I owe the debt. You have got to be kidding. My turn comes and I summarize everything that I have mentioned and requested the case be dismissed with prejudice. The judge then makes a few remarks and then dismisses the case with prejudice based on the evidence provided in his court room. I hope someone can learn from my experience and win as well. Remember, they have nothing. All they will try and do is scare you. Even if the hearsay rule can’t be used, it doesn’t mean you can’t win. They still have to prove everything I outlined earlier. Stay strong and don’t give up. Good luck!
  8. Hello Everyone, I JUST saw a many of threads with others facing the same issue with Midland. So, I have a pre-trial with Midland for an old Citi Bank card charged off from 2017. I responded to the court with answer denying the charges and accusations....like everyone else, based on the info they sent with the summons. They actually tried to serve me twice but was unsuccessful on the 1st attempt. To no avail, the processor delivered on the second attempt. Im not sure at this point on how to approach this. I willl be going alone with NO representation and definitely don't want to say the wrong thing. I did have the credit card but fell on extreme hard times and couldn't continue payments. I offered Midland over 1 year ago a payoff but never admitted to the actual debt. I received a packet of documents from Midland a few days ago (bill of sale, credit card statement going back to 2017 and a letter stating "we are ceasing all collection efforts until the conclusion of the investigation of your dispute". Again, at this point I dont know what to do. Do I still appear for the pre-trial or NOT go. I've also prepared myself to settle in the event I need to but it would be at most for 10% of the balance if thatt. Unfortunately, thats the financial situation I'm in. I dont want to file bankruptcy or create a more lingering situation. Any recommendations? All comments are appreciated.
  9. I received a letter today from Atlantic Credit & Finance Inc, informing me Midland Funding, LLC is considering forwarding this account to a attorney in my state (Florida - St. Lucie County). The letter states: Original Creditor: SYNCHRONY BANK AMAZON Current Owner: Midland Funding LLC Current Servicer: Atlantic Credit & Financing, Inc. Balance: $4,350.23 Date of Default: 11/15/2017 Last Paid Date: 05/08/2018 (This is not correct as I have not made a single payment since defaulting) I wish to send them a debt validation letter as from what I've read on here, however I am unsure how to proceed with arbitration if they are able to validate. They have only provided me with a P.O. Box to send correspondences to, how can I get a signature with this method? What specifics should I ask for in the letter? I saw someone mention asking for an Original Agreement between me and my creditor. What should I look for in their response to let me know if they may or may not have a case against me? Debt history, invalid/outdated information, etc? Should I mention a possible arbitration or leave it out? Do any of you have a link to a good validation letter sample? Thank you so much for your time. I really appreciate it.
  10. I had two legal order fees showing for small amounts taken out of my checking. I called the bank and the local Sheriff and was told it was Midland Funding. They have a judgement against me from a few years and to note- I never received a notice of Levy as of today - so far nothing. The judgement is about 3K. The Sheriff's office said I can file a CLAIM OF EXEMPTION HERE IN CALIFORNIA - I was directed to file it with my local courthouse. I have 15 days to file from the date of levy. The lady said they have 10 days to oppose. If they answer and oppose, a hearing date will be set. Question is- Should I do this and take the chance they wont be able to come up with proper docs or whatever at the hearing? Do I have a right to supoena a witness? What are my chances? Should I call them to make a settlement after I file my exemption? Help !!
  11. Midland Funding has started a new court strategy in Texas and maybe other states also. Reviewing the Texas online court records, Midland has started opening old cases with Default Judgements. They have reopened dozens of cases in 2019 and none in 2018. The cases are asking for courts to garnish money from major banks like JP Morgan and others. I don’t think the law has changed in Texas regarding garnishments, ( Texas law prevents wage garnishment on consumer debt.) Midland has found something or someway to get information on the defendants in their old Judgment wins. If anyone has some information on this, please inform us. The e-file count on debt cases being filed has continued to grow at an alarming rate. I feel we are witnessing something regarding consumer debt and the court system of great importance in history.
  12. I'd love some help from you guys. I got a summons and complaint 7 days ago. I've literally been doing nothing but researching for the past week. Also, I applied for legal aid, but have little hope they will help. They aren't even slated to contact me until next week. I'm going to be honest with you guys. I need a hand to hold. I have no idea what I'm supposed to do and it feels like a bottomless pit. I have a couple weeks until the deadline. So here are the facts, thus far: 1. I received a summons and complaint between my screen door and main door -along with the business card of the process server- last Monday. I plan to draft a motion to dismiss for insufficiency of service of process under Title 12 of the Oklahoma Statutes § 12-2012(b)(5) and § 12-2004. I've drafted a motion for this, along with a very basic Memorandum and Points of Authority outlining and quoting the above laws (basically stating that service wasn't valid because it wasn't given to me face to face. I plan to also write an affidavit and add it. I know that I have to send a copy of this to the other side and add a section that certifies that I sent it. QUESTION 1: Do I need to file an Notice of Appearance or a statement that I am representing myself Pro Per/Se? DISCUSSION: It might seem a little petty, but I feel like it is my right to be processed competently, and if this is the current local practice, it needs to be nipped in the bud. Also, I could use the extra time to respond seeing as how I am not a legal expert and it takes time to learn this stuff. In fact, I thought about motioning "TO DISMISS PURSUANT TO RULE 12(B)(5) FOR INSUFFICIENCY OF PROCESS OR IN THE ALTERNATIVE, EXTENDED TIME TO ANSWER OR RESPOND TO COMPLAINT." But I don't know if that second ask will make me waive my right to other defenses that I might want to keep. 2. They sent an "Affidavit of Indebtedness" --the official complaint calls it an 'Affidavit of Account' and I would love to point out that distinction if its ever useful to me, but i figure its just a small error and oversight. Still, I have an English degree and we are only second to lawyers about pointing out this sort of error- So the Affidavit is actually pretty much blubber and hearsay. No surprise there. In fact, I pretty much found the exact text of this affidavit online. I'm guessing it's an auto-form document. So, I'd like to motion to strike it from evidence or at least take all the teeth out of it because of the hearsay. 3. The complaint states that (specific info redacted) "1. BUBBA GUMP CREDITOR provided credit to the defendant on account number BUNCH-A-NUMBERS. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $3333.33. An Affidavit of Account is attached hereto and incorporated by reference." 4. The Affidavit of Indebtedness (County of Stearns, Minnesota -- where all the women are strong, all the men are good looking, and all the children are above average, no doubt) states: (SPECIFIC INFO REDACTED) “PATSY MIDLAND, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account record for Midland Credit Management, Inc. (“MCM”), servicer of this account on behalf of Plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on Plaintiff’s behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant’s BUBBA GUMP account XXXXXXXXX0000 (MCM Number 0000000) (hereinafter “the account”). I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiff’s behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM in connection with servicing the account since the date the account was purchased by Plaintiff. 2. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. 3. MCM’s records show that Defendant(s) owed a balance of $3333.33 as of 2017-08-21. 4. On or about 2016-11-16, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based on my review of MCM’s business records, 1) Defendant(s) opened the BUBBA GUMP CREDIT account on 2013-01-11; 2) the last payment posted to the account on 2016-03-22; and 3) the account was charged off on 2016-10-23. 6. On or about 2016-10-23, the account was sold from BUBBA GUMP CREDIT to ANOTHER CREDIT SERVICE L.L.C.. The account was then sold to the following debt buyers in order of occurrence on or about: 1. 2016-11-16, MIDLAND FUNDING LLC 7. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct.” 5. This is the only paperwork I have received. And I see a dozen other things I can possibly do. For example, I am a member of a federally recognized tribe living within that tribe’s jurisdiction on property owned by said tribe, in a house owned and leased by said tribe. I even work for said tribe. Technically, I could claim that the court lacks jurisdiction. But, then, I would have to do more research on tribal law (which probably mirrors state and federal law). I would gain no advantage other than time, and possibly lose several advantages. Something else I have been toying with (but admit I don’t know if it applies) is filing to dismiss for failure to state a claim based on threadbare recital/mere conclusory allegations, based on Twombly & Iqbal. Still another thing I could do is motion for the production of documents. Or send a letter of Debt Verification. Not to mention other Affirmative Defenses like Failure to Consider etc etc etc. But I don’t want to be frivolous about this. So, QUESTION 2: Do I roll some or all of these things in a big motion and slap them with it? Or do I motion the insufficient service first, and strategically collate a few of the other issues I can raise? Mainly, I fear waiving my rights to certain defenses if I do things in the wrong order. I want to bring up the insufficient service. I want to strike the affidavit as hearsay. I want to force them to produce any documents they have (And I’d just love to send THEM interrogatory during discovery.) But, I must say, my head is spinning and I have no idea where to start. Someone, please pull me to earth and pave the way. I can do the work and research, but the direction is lacking. Thanks for all the help, guys.
  13. Hello all, I've been sued by Midland Funding LLC with the help of Kohn Law Firm in Outagamie County, WI and am at the stage where I need to respond to their Motion for Summary Judgement. They provided a 'Bill of Sale' and 'Affidavit of Sale of Account By Original Creditor' signed by SVP Sean Cooney of Citibank (the bank of the alleged purchased account) along with an 'Asset Schedule' where they blacked out information pertaining to them having 'sold a pool of charged-off accounts' as stated in the affidavit. They also included an affidavit of a MCM employee stating she reviewed electronic records showing they purchased the debt from Citibank. Lastly, they included a card agreement and credit card statements with a breakdown of charges/interest/late fees from Feb 2017-Dec 2017. Background: I received a letter from Citibank dated January 30, 2018 stating my account was placed with Midland Funding LLC. I then received a letter dated June 13, 2018 from Kohn Law pertaining to said account notifying me they were retained by Midland Funding to collect the debt. I never received anything from Midland Funding LLC directly from January to June. On November 20, 2018, I received notification I was being sued and court summons via mail. I attended pre-trial and made a spoken general submission to refute the claim on grounds Midland Funding didn't have enough evidence they owned the debt. A trial was set and then pushed back a few months at the request of Kohn. They then submitted Motion for Summary Judgement on Feb 28, 2019 and a hearing was scheduled for this Monday, April 1, to meet in front of a judge with my answer. I have consulted 2 lawyers regarding my case and didn't get much out of it so I'm hoping the experts here can lend a hand. The first lawyer told me to answer with two factual complaints - Firstly, there is no signed contract between myself and Citibank for the original debt. Secondly, there is the issue of standing Midland Funding owns the account in question - the bill of sale and affidavit presented does not list the specific alleged account. The second lawyer agreed with the second factual complaint but didn't have much input otherwise. I feel comfortable including the issue of standing in my answer but think I need a little more ammo than 1 factual complaint if I want to win a dismissal for summary judgement. I found a video on YT of a debtor who posted a video of his response in court (about 5 yrs ago) to Motion for Summary Judgement vs Midland Funding LLC where he won and am thinking of using some of his arguments. I will post what I have for an answer here - if anyone can provide advice/tips/critique/personal experiences it would be greatly appreciated! Factual dispute #1: In the card agreement provided by the Plaintiff, on Page 1 there is a strict definition of the terms ‘we, us, and our’ that refers specifically to Citibank, N.A., the issuer of the account. On page 7 under the Assignment clause, it is stated: ‘We may assign any or all of our rights and obligations under this Agreement to a third party.’ While the concept of assignment is generally understood, the definitions in this contract concerning the parties are explicit – when Citibank refers to themselves solely as ‘we, us, and our’ they neglect to mention a further signing or third party. While this contract may or may not have been assigned by Citibank to Midland Funding LLC, according to the definition of this contract in the underlying portion: ‘To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your account to a lawyer who is not our salaried employee. These costs may include reasonable attorneys’ fees. They may also include costs and expenses of any legal action.’ I feel for that reason there is a question of material dispute, unless Midland Funding LLC is a subsidiary of Citibank. Factual dispute #2: ‘The Bill of Sale and Assignment’ and ‘Affidavit of Sale of Account by Original Creditor’ provided to the court by the plaintiff signed by Sean Cooney, Senior Vice President of Citibank, N.A. (CBNA), states “CBNA sold a pool of charged-off accounts by a Forward Flow Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC”. Also included is an ‘Exhibit 1 (Asset Schedule)’ and ‘Certificate of Conformity’ signed by Carolyn E. Huges. Regarding this paperwork, there is an issue of material fact Midland Funding LLC purchased a specific account under my name. Factual dispute #3: The copies of the credit card statements provided to the court and defendant are not covered by the affidavit of Latasha Wilson and are not mentioned in the affidavit. In Latasha Wilson’s affidavit, she describes herself as a Legal Specialist with access to pertinent account records for Midland Credit Management (MCM) under the assumption they are owners of the alleged account based on ‘electronic records’. I do not believe she is an employee of Citibank, however – therefore she cannot have first-hand knowledge of the account which I would believe would make her affidavit hearsay. Factual dispute #4: No signatures from myself and no witnesses as far of an oral contract, have been provided by the plaintiff in their Motion for Summary Judgement – to best of my memory, I have no recollection of this debt. Sorry for the long post, I would be forever grateful if someone can help out!
  14. Hello! I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!! I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depression which then led me to be negligent to any/all bills at the time, including my $1,000.00 credit line. I have not been successfully contacted by phone by collectors since 2012. I don't recall any of the conversations at that time, or if at the time Midland was handling my debt. My problem now is that, since receiving the summons, I have called Midland from my new phone number and attempted to negotiate a payoff amount after reading a forum on another website. My initial and logical sense at the time told me to avoid court at all costs. I honestly DID NOT THINK THAT MY CHANCES OF FIGHTING THIS CASE AND WINNING WAS A REALITY, WHICH IS WHY INSTEAD I TRIED TO NEGOTIATE A LUMP SUM AMOUNT. The lowest they were willing to negotiate for was $1,350.00. They also offered me a monthly payment plan with $675 needed down. I do not have the money to pay this, I am a struggling student in my Senior year & I only make $950 a month. I AM IN EXTREME FEAR OF THE COURT GRANTING THE CREDITOR TO GARNISHING MY WAGES! I WILL NOT BE ABLE TO SURVIVE! PLEASE HELP! I am aware that my conversations are being recorded, there has been a total of 3 conversations since last week, all in which I attempt to negotiate a payment amount and have replied with "YES" when asked, "This amount is for your ********** Credit Card, right?". In all my conversations I have seemed very intimidated by the summons/being sued, and I recognize that. Midland knows I am trying to evade going to court and I believe they are using that in their favor! My questions are as follows: 1) Have I already assumed responsibility to the debt since I called myself to negotiate a payoff amount? This was my initially reaction as I was SCARED OUT OF MY MIND AND THE FIRST LOGICAL SOLUTION I COULD THINK OF! 2) Will changing the story now by asking them to prove it be effective? Or will I waste my time off work at the court house for no reason? 3) If I am proven guilty and must pay the debt, will I still be able to make payments on the total amount? Or will they demand it in full? 4) Would anyone recommend that I continue to negotiate now INSTEAD OF CONTINUING WITH THE SUIT? 5) Is threatening with Bankruptcy recommended in the case that I proceed with negotiating? I only have a few more weeks to respond to the court house and I am extremely SCARED/TERRIFIED! I am so lost and this is ALL SO COMPLETELY NEW TO ME! Any insight/assistance will be greatly appreciated! BTW THEY ARE TOTAL ASSHOLES & DONT EVEN SPEAK ENGLISH CORRECTLY! Please help anyone! Signed, Struggling SF Student
  15. Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
  16. I received a certified letter yesterday from Hayt, Hayt & Landau on behalf of their client Midland Funding, reads it is a "Notice of Deposition in Aid of Execution" I am to appear approx 15 days in court and to bring various documents as proof of income & personal property. This is for a debt that I have no recollection of. It is not on my credit report. This letter came out of nowhere. It states the original creditor is Citibank. I honestly don't remember having a Citibank card, perhaps it was a department store card that Citibank owned, IDK? The letter is not notarized, so I don't even know if this is legit or just some sort of scare tactic from these lawyers. Maybe this sort of request doesn't need to be notarized? What I need to know is what do I do now? What is my next step? I don't recall this debt. If it is a department store card, it is way way old debt. It is not on my credit report. Isn't there a SOL to this? I have nothing, no property, no money, nothing. I lost my job in 2010 & became a full time caregiver for my parents.That job did not pay in dollars. My last parent just passed in April. No life insurance. I need help. Please. Thank you. Quote Edit
  17. Hi, I am trying to find what the next step to do is. I have looked at some other posts involving Arbitration titles, and not sure what to do. But I did find a questionnaire to help with defining my background. 1. Who is the named plaintiff in the suit? JBD 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under 10,000 4. Who is the original creditor? Citi 5. How do you know you are being sued? I was served papers by it being dropped off, 6. How were you served? (Mail, In person, Notice on door) The first papers where served in person. Dropped off by a guy. The Notice of Assignment to Arbitration was served through the Mail. 7. Was the service legal as required by your state? As far as I can tell Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued. Nothing, they would call and I would not answer them. 9. What state and county do you live in? Oregon, 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). I am not on the outside of the SOL. Not sure when Last payment was made. 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe the date was in 2017. 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). 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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No I did not request debt validation. 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 have 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the first paperwork from the lawyers, they sent NO papers expect the summons paperwork. So the question I am wondering is about my letter of Notice of Assignment to Arbitration. I am not sure what to do, I thought I read that I should wait tell "JBD", sent in there paperwork for an arbitrated, but not sure (cant find it again). I have been going through a lot of forums and different websites to find information on how to fight the JDB. But not a lot of information on Arbitration. Most people just get sued, and it looks like the court sent this letter saying that Arbitration is Mandatory (ORS 36.400 to 36.425). Do you need anymore info? Anything is helpful. Thanks Just edited some names and dates. thanks
  18. I apologize if it seems like I don't know what I'm doing, for I don't. I was very surprised to find out that I was being sued for a nearly 5 year old debt. I wasn't even the one who was served; they served my step-dad at an address I haven't lived at in years (doesn't matter, I know). I don't know what to do. 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 / Alec Weston Hankins / Kristy Gabrielova / Nichol Alan De Guzman / Hyo Jin Julia Jung / Midland Funding LLC 3. How much are you being sued for? - 1,149.82 4. Who is the original creditor? (if not the Plaintiff) - Best Buy 5. How do you know you are being sued? (You were served, right?) - My step-dad was served and then I was told 6. How were you served? (Mail, In person, Notice on door) - 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? - None 9. What state and county do you live in? - CA and I live in Sacramento county, but the case was filed in El Dorado County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - May 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? - November 2014 12. What is the SOL on the debt? - 4 years 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). - So far, they just filed suit and served me 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - Yes. 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 did 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? - I have 30 days from when they served "me" which was the 15th of July. 1. States that Midland Funding LLC ("Plaintiff") is a limited liability company qualified to do business in CA. 2. That I live in El Dorado County (But I don't) 3. It says that they're unaware of my true name (it's addressed to my maiden name) and that they'll ask leave of court to amend this complaint 4. "At all times herein mentioned, Defendants, and each of them, were the principals, agency, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted and approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 5. Plaintiff is a debt buyer 6. They're seeking to recover the amount of 1,1449.82. This is the amount due on the credit card account. 7. Plaintiff is the sole owner of the debt. Exhibit A is the copy of the Bill of Sale from CITIBANK to Plaintiff. Account was purchased on 6/29/16 8. Account balance at the time of charge-off was 1,149.82 9. An explanation of the amount that the plaintiff is seeking to recover 10. Plaintiff alleges the date of default is 7/7/15 and that the last payment was made on 5/3/15, which was made to citibank 11. Plaintiff alleges that the original creditor is at the time of charge-off was Citibank and then provides Citibank's address and the account number. 12. Plaintiff alleges that the debtor as it appeared on the records for Citibank was (maiden name) and last known address was (old address) 13. Plaintiff alleges that the name and address of all post charge-off purchasers of the debt are: Midland Funding LLC 2365 Northside Dr. Suite 300 San Diego, CA 92108 14. Plaintiff alleges that it informed me of the assignment of the account and Exhibit B is a correct copy of first written communication sent to me by plaintiff 15. Exhibit C is a true and correct copy of a monthly statement recording a purchase transaction, payment or balance while the account was active 16. The account balance at the time of charge off was 1,149.82 and Exhibit D is a correct copy of a billing statement that was mailed to me stating the balance due on the account at or around the time of charge-off 17. Plaintiff seeks to recover 1,149.82 from me 18. "As alleged above, before filing this suit, all right, title and interest to the account were sold and assigned to plaintiff. Plaintiff owns the account and is entitled to collect of the account as if it were the original creditor. To the extent that plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references herein to plaintiff may include plaintiff's predecessor-in-interest." 19. Prior to filing, plaintiff informed me in writing that it intended to file this action and could result in a judgement against me that would include court costs. Exhibit E is a copy of plaintiff's most recent attempt at resolving the underlying obligation. 20. Plaintiff owns portfolios of consumer receivables, which it attempts to collect, and that they generally attempt to contact consumers like me through several means, such as phone calls, letters, or other means. Midland attempts to assess each consumer's willingness to pay, through phone calls, letters, or other means. Midland attempts to exclude consumers from its collection efforts when they believe those consumers are facing extenuating circumstances or hardships that would prevent them from making payments. 21. That when Midland contacts consumers, it strives to treat consumers with respect, compassion, and integrity. 22. Despite Midland's efforts to reach consumers, only a percentage of consumers choose to engage with Midland. 23. Majority of Midland's consumers ignore calls or letter, and some simply refuse to repay their obligations despite an apparent ability to do so. When that happens, they pursue collection through legal channels, including litigation like the present action against me. "Although the account is now in litigation, plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible." 24. "Plaintiff re-alleges and incorporates by reference the foregoing paragraphs." 25. "Defendant opened, used, and derived benefit from the account through the defendant's own use of the account or by another's use at the defendant's direction. By using the account, defendant expressly agreed or impliedly promised to repay plaintiff." 26. "Within the last four (4) years, defendant became indebted on the account to plaintiff in the sum of 1,149.82 on the account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff." 27. "Regular monthly statements were mailed to defendant listing debits, credits, and balance due on the account, attached as Exhibit D." 28. Last payment made on the account was 5/3/15 to Citibank 29. Plaintiff has no record of me objecting to the monthly statements after receipt. 30. Plaintiff has made demand on defendant for repayment of the account stated but defendant has failed to pay the balance due. Exhibit B is a copy of first written communication requesting payment that was sent to the consumer by plaintiff. 31. "As of the date of this complaint there is due and owing the unpaid sum of 1,149.82. This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off balance of 1,149.82 as indicated on the charge-off statement, attached here to as Exhibit D. WHEREFORE, plaintiff prays for judgement against defendant as follows: On the First Cause of Action: 1. For the unpaid balance of 1,149.82; 2. Costs of suit; 3. Such other relief as the Court may deem just and proper. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Listed throughout above 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I need to respond very soon, so any help is greatly appreciated.
  19. Hello thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk 3. How much are you being sued for? about $2800 4. Who is the original creditor? Synchrony 5. How do you know you are being sued? served 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? They may have sent mail and called. Probably never responded because I may have thought it was junk mail/scam calls. 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? Oct 2014 11. When did you open the account ? Sept 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? suit served 14. Have you disputed the debt with the credit bureaus? I disputed collection agency twice through credit karma (on Apr 2017 and Dec 2017). 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Case Management Conference set for Sept 2018. I have filed a general denial. The only cause of action is ‘accounts stated’. No interrogatory questionnaire received. 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, Purchase Price Reconciliation/Funding Instructions, Affidavit of Sale of Account by Original Creditor, Blanket Certificate of Conformity for Notary, Certificate of a Federal Savings Association Title Change, then a page with the electronic record with the basic account info (name, address, phone #, Charge off amount, current balance, Last payment date, etc) Exhibit B - copy of welcome letter from MCM letting them know my account had a ‘new home’ and a statement with payment options dated Nov 2016 Exhibit C - Credit Card statement from OC showing last payment Exhibit D - Credit Card statement from OC showing final balance Exhibit E - Notice of Legal Placement from MCM I am thinking I need to amend my answer.. I had done some research prior to responding but for some reason was under the impression I was sued for breach of contract so I filed my answer accordingly thinking that the burden of proof would be on the plaintiff to prove it was my debt with some sort of signed contract but after filing I re-read the complaint and saw that the cause of action was 'accounts stated'.. I dont believe the affirmative defenses I listed apply.. and I am not sure which ones would apply to my situation. so the question # 1 - How would I amend my answer? is there a certain form? What are possible affirmative defenses for 'account stated' ? I h/ave previously disputed this debt through credit karma a few months after they had allegedly sent the statement (exhibit B.) and then again a few months later. without a contract bearing my signature where is the proof I even owed the OC let alone the JDB.. question # 2 - how do you fight this particular cause of action? how do I legally argue that my silence does not mean acceptance of the debt or imply that I agreed to anything really? how I do I shift the burden back onto them and make them prove that I owe them anything? . question # 3 - This was a joint account but I am the only one listed as defendant to this case.. does that matter in any way, shape, or form? any info, good defenses, etc is much appreciated. thank you
  20. I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. The complaint states I breached a contract. "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit account was issued to the defendant under the account number **************. Synchrony Bank/Gap supplied the credit account to defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fee." The amount owed is not what was charged off in 2014. So I obviously do not want to pay them. The date printed by the attorney on behalf of midland is for Nov. 28, 2016, then the date of Dec. 8th, 2016 was when it was filed, and Dec. 16th of it being received. Thanks for any help.
  21. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because nearly half of my paycheck is automatically taken out for health insurance for my family. I can't make changes to my insurance elections until open enrollment for next year. On top of that my student loans just went into repayment, and I have a car payment. Most of my husband's income goes to our mortgage, insurance, and other bills. I've never been taken to court before, so I'm kind of shook up and don't know what to do. Do I need to get a lawyer for this? Is there anything I have to do before the court date (August 30). Is it possible my checks could end up being garnished for this? Is there any way of me possibly being able to get more time to pay this? Any advice would be greatly appreciated. The letter I got reads as follows: ------------------------------------------------------------------------------------------ PLAINTIFF'S STATEMENT OF CLAIM 1. The Defendant(s) owe(s) Plantiff $1437.75, plus a filing fee of $78, plus an e-filing fee of $5.00 for a total of $1520.75 because: The creditor issued a credit account to the Defendant(s). Defendant(s) made purchase and/or received cash advances on the charge account number xxxxxxxxxxXXXX. The last payment made on the account was received on March 25, 2016. The account was charged off by the original creditor on November 18, 2016 with a balance of $1437.75 Midland FUnding LLC owns this account and is successor in interest to Synchrony Bank (Ashley Furniture HomeStore), for this account. Plantiff purchased the account on December 29, 2016, and is attempting to collect the debt. Defendant(s) is/are in default for failing to make payments on the charge account. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 2. The Defendant(s) has/have the following property that belongs to me ____, valued at $____, plus filing fees and costs of $______. For a total of $____. I want the Court to Order this property returned to me or make the Defendant(s) pay me money for the value of the property. 3. I believe the person(s) I am suing is/are at least 18 years old and not in the military service. 4. I understand that if I do not come on my hearing date, my case may be dismissed and I may have to pay the money to the Defendant(s) on any counterclaim that has been filed.
  22. I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that? 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.) Scott & Associates, PC-Carrollton, Texas 3. How much are you being sued for? < $2608.59 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?) I was served at my home. 6. How were you served? (Mail, In person, Notice on door) In person, at my home. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Based on what I read there, yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I am not sure if I received anything from them, but I have not personally spoke to anyone. 9. What state and county do you live in? Texas, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Statement in paperwork 6/2015 also states charge off 12/15 11. What is the SOL on the debt? 4 yrs Statute of Limitations on Debts 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). suit served, filed answer, will have to call court 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? Had 14 days, filed generic answer charges are debt collection Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Original Petition - Affidavit of a "Legal Specialist" - 4 Account Statements
  23. Hi all, I recently found out that I have an active lawsuit with Midland Funding. However, I found this out through a letter an attorney sent me advertising their services for the lawsuit. I then requested the documents online via my county's civil court online search to view the summons and claim. I still have yet to be served summons or even indication that they have been attempted to be served, online it says the summons were issued 10/13/17. The address on the documents is my dad's house and I have told him about the situation but he hasn't received anything. When I found out about this, I panicked because I am pretty young and 'new' at being an adult, so it was all very scary. As soon as I found out about this, I contacted Midland Funding to see if I could set up a payment plan. I also explained that I never received notice 30 days prior to the lawsuit that court action would be taken, which is a requirement under Florida statutes, and that I haven't received summons either. I did provide them with an updated address. They offered me a plan but said they wouldn't drop the lawsuit until the debt was paid. I accepted the offer verbally, but have yet to receive any confirmation or documentation that this plan exists. They were supposed to mail me a contract a week and a half ago and I have not yet received it. I've read a few of the threads here but I have a couple of more specific questions that I haven't seen answered. I know I kinda shot myself in the foot by calling them for a payment plan and thus accepting the debt, but I thought I would be able to resolve this without a court date. Really my concern at this point is trying to avoid paying their court fees on top of the debt. Is that even possible? -If I do not receive the summons before the pre-trial date, should I still go? Will this increase my chance of the case being thrown out? -A few things I've read said that if they are unable to serve to the address they can try employers or publishing in the newspaper. Is that true?? What's the chance of that happening? -Should I respond to the summons though they haven't officially been served? -Really just any general advice on what I can do from here would be great. I have a little less than a month until the pre-trial date.This waiting game is really frying my nerves. Thank you! --- 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.) I'm not sure... the only other name I've seen on anything is Encore Capital Group Inc. The MCM/Midland Funding website says my account is now being serviced by them. 3. How much are you being sued for? $1,596.27 plus cost of suit 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?) I haven't yet been served. Summons are supposed to go to my dad's house and he hasn't received anything. I received a letter from a local attorney that said they got the records online and included a copy of the summons. This was not through certified mail, either, just a regular envelope. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A 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 have an existing payment plan with them for a different account that I have been paying off for over a year. But I had not responded to anything regarding this specific account. After I learned of the lawsuit, I called them to negotiate a payment plan. 9. What state and county do you live in? Florida, Leon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? 2011 12. What is the SOL on the debt? To find out: 5 years 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). I have a Pre-Trial date set for 12/5/17 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? 5 days prior to the pre-trial date of 12/5/17 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. 2 statements from OC, affidavit of sale from OC, bill of sale from OC, copy of letter from MCM to me notifying me of the sale of the account from OC (addressed to my dad's residence that I was not living at). Only identifying information on these documents is my name and past address, doesn't include OC account number.
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