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Found 174 results

  1. Hello, everyone! I've been a lurker here for a while, and am happy to be able to post at last. Here is the required information: 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 3. How much are you being sued for? 2844.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/CareCredit 5. How do you know you are being sued? (You were served, right?) In-person service 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 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? Standard MCM letters 9. What state and county do you live in? San Diego county, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. When did you open the account (looking to establish what card agreement may be applicable)? September 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). Case Management Conference tomorrow 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 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? 30 days 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. Standard issue from what I've read on other threads: Last statement from CareCredit, listing of charged-off accounts with info blacked out, MCM statements, etc. So I'm finding this interesting. Back after I was served, I initially thought about settling, then stumbled upon this forum. After reading, I decided to push back. I filed my general denial shortly after I was served, and in mid-May I sent Midland a letter requesting arbitration via JAMS (as per my account agreement). I haven't heard a peep from Midland, besides a letter saying the account was placed 'In Dispute' and they don't know why I'm pushing back. As stated above, tomorrow is my Case Management Conference. In my Case Management Summary, I stated that I wish to have arbitration, so I hope that's taken into account during the CMC. I did make one gaffe, however. Because I had not heard from Midland regarding my letter asking for Arbitration, I filed a MTC Arbitration. Speaking with the juedge's clark yesterday, he told me it will likely be rejected due to no hearing being scheduled. (It's still Pending with the court clerk.) One thing: Is it typical for Midland to not file a CMS prior to the CMC? They haven't filed a summary yet, and I want to make sure I'm not surprised by anything. If any more information is needed, please don't hesitate to ask. Thank you all for being here and being so helpful! GB
  2. So, this was interesting. I was just served a separate lawsuit from the same process server today, which was filed back in October 2017. The plaintiff? Midland Funding LLC CitiBank (Best Buy CC) - Green & Cooper. Midland filed a lawsuit this month and that can be found here: Questionnaire 1. Who is the named plaintiff in the suit? MIDLAND (Blood-Sucking) FUNDING 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? ~$1519 4. Who is the original creditor? CitiBank (Best Buy Credit Card) 5. How do you know you are being sued? Served 6. How were you served? Someone dropped it off in person 7. Was the service legal as required by your state? Not sure, more on that below. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence. More on that below. 9. What state and county do you live in? Georgia Cobb County 10. When is the last time you paid on this account? 02/2016 11. When did you open the account? 2015 12. What is the SOL on the debt? 6 years 13. What is the status of your case? "NON-SERVICE" 1-15-18 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? Exhibit A: Statement 11/18/2016 Exhibit B: Statement 12/18/2015 Exhibit C: Bill of Sale from OC, Affidavit of Sale from OC, Certificate of Conformity Exhibit D: Electronic Field data Exhibit E: Affadavit from Midland's Legal Specialist A Few Things Here: I'm completely blind-sighted by this. I have never received any notice as to the purchase of this debt by Midland. The defendant's address on this lawsuit is listed as one I've never resided at (I don't know where they got it from) The electronic records contained with the supposed bill of sale and one of the CC statements uses an unknown address listed in Alpharetta GA - The last time I resided in Alpharetta was well over 10 years ago. Hell, I would of been too young at the time to open a line of credit. I was 20 years old when the card was opened....it's a Best Buy card applied for/opened in-store. I just figured out today proof of income is required to open a line of credit with the OC for those under 21. I sure as **** didn't show a BB employee my tax forms/pay stubs. Is this a violation of the credit CARD Act? If so, how/would it apply today? So Midland/G&C had the proper address for the Synchrony bank card....but both Midland/G&C and CitiBank completely F'ed up my address. Which is ridiculous considering every other account I had opened does not have this problem - hell, even Midland/G&C had the proper address apparently in-order to serve me with the Synchrony lawsuit. Further, according to the CC statements provided...I submitted a payment on 2-2016 - I was living in Atlanta at the time...not Alpharetta. So, I assume my friendly process server recognized my name from serving me with the Synchrony papers and decided to pay me another visit today. Here's the paperwork (I've added notations in red): complaint_clean.pdf In addition to that, they completely fail to show how the account even got to $1,519.69 they are demanding. In Exhibit B they provide a CC statement with a closing date of 11/18/15 with my ending balance at $514.88 - no other records are provided to represent this payment of $400 on 2/2016 in Exhibit D. **** To me, this is a steaming pile of horse-****. Should I begin seeking legal council as to the potential violations (if any) that might have occurred? Regardless what happens; I'm kind of glad both of these are happening at the same time....I'd rather eat **** for a few months rather than draw it out for a year+.
  3. I've attached the lawsuit, please tell me how you would answer... SC454e_108118101517020.pdf
  4. SC454e 108118101516020.pdfSC454e 108118101516020.pdf
  5. Yes I have read all the Michigan posts but has been very confusing so here goes: Do I file an 2) motion to dismiss first for lack of standing or b) answer the numbed allegations or c) do MTD with accompanied by answers? Short Summary of Situation; 1. Midland is suing for Capital One card they say was from 2016, amount $ 650 2. Midland is the 4th, 3rd party debt buyer in this chain. 3. Attached are 4 Affidavits from each company (1 page each) 4. Attached are 4 Bill of Sale/Assignment from each company (1 page each) 5. Attached is 1 Affidavit from Midland saying they have personal knowledge of my account, and business records. _____________________________________________________________________________________________________________________________________________________________ This is starting to get scary as they have served me twice within 2 weeks now. The second set of documents look similar to the first. There are 4 lawyers names in the paperwork. Should I just post the paperwork and have you guys help me decide on what to do next????
  6. Served with a small claims summons, $600 to midland funding. They attached an affidavit and a couple generic looking bill of sales that do not have my name or any identifying information that could be traced back to me on them. Midland funding is the 3rd debt collection company to be assigned this debt, and I’ve never been notified of the prior assignments. They also included billing statements from the original creditor. I feel that the affidavit, and the statements are hearsay and I should be able to get them dismissed, but would like some advice before I answer the complaint
  7. Hello, I came across this site and figured I would see if I could get a little advice. I'm going to court to fight Midland Funding after receiving an Affidavit from a law firm on behalf of them. I know this is VERY common and probably has been asked a lot. They are representing Midland on behalf of my debt to Sync/Paypal that was charged off in 2015. It's for $3,100.49. I don't "recall" owing this, but let's say I did owe SyncBank/Paypal that at the time it was charged off, I still want to fight them if they are lacking evidence and get it thrown out. Before I proceed further, I want to see if anyone is actually on this forum today to help out and what info do you need to know. I called Barnette Law offices and left a voicemail.
  8. Hi, While living in California, I got into debt with an Amazon card (SYNCB/AMAZON PLCC) for $3,500. It was closed in 11/27/16 and bought by Midland around 4/27/17. I remember getting some notices (settlement offer then threat to sue) around that time but did not have the money to pay anything at that time. I moved to Lakewood, CO for school in August 2017. I am still in school so I don't have much money but need to find a way to settle the debt. I don't need to have it taken off my credit, I just want to settle with a smaller lump sum. The original debt was actually around $2,600 but with all the interest and fees it ended up being $3,500 before the account was closed. Is there a way to get them to settle for a smaller amount and by how much typically? Thanks!
  9. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hearing was this morning. No one from the firm showed up. The judge was not too happy obviously, and said that the date originally for the summary judgement next week will now be used for my motion, she will discuss what happened with the judge scheduled for that hearing and also mentioned the possibility of a default judgement in my favor due to no one showing up. So, they are in trouble. My question is what should I do to keep the boot on the throat, so to speak. I believe I have some momentum in my favor, I want to be able to take full advantage. At a minimum, they wasted my time and the court's time -- how do I hold them accountable and demonstrate to the court I respect the court's time, unlike the firm suing me. Thanks in advance.
  10. Hi everyone. I received a letter from Midland Credit Management saying that they are taking legal actions on a credit card originally owned by Credit One Bank, N.A. and was purchased by Midland Funding PLC. The amount they say that is owed is $615.45. Midland states that I applied for credit with Credit One Bank back in August of 2016. I only learned about this account this year when I received that letter and requested for my free credit reports from the 3 credit reporting agencies. I never applied for any credit in 2016 and I wrote to Midland Credit Management for variable proof that this account was indeed mine. They sent me a billing statement with my printed name and address as variable proof but nothing with my signature. I did have credit with Citibank but I closed that account in July of 2017 for fraudulent charges being made and on my credit report I got this year it showed that I have had addresses in Florida and also Michigan. I have written to all three credit reporting agencies about that and they still have not corrected the information or checked the Credit One Bank for actual proof that this credit card was mine and that I was a victim of identity fraud. I have written to all three credit reporting agencies, Credit One and Midland Credit Management to correct the problem but Credit One Bank and Midland Credit Management keeps appearing on all three credit reports. My credit reports do not show that I have an ongoing dispute with Credit One Bank or Midland Credit Management. I live in Hawaii and I know that Midland Credit Management uses a lawyer from Honolulu but I did not get the letter saying that he will be taking legal action against me but I got the letter from Midland Credit Management located in San Diego, .CA. I want to take Midland Credit Management to small claims courts here in Hawaii for several violations of the FCRA and failure to send me variable proof that this account was ever mine and for some other violations such as willful enablement of identity fraud and for emotional stress since this has lowered my credit score so that I have been unable to use my VA home loan guarantee to purchase a home with no money down and with low interest rates. I found out by looking up on Hawaii Secretary of State that Midland Credit Management has an agent in Honolulu in the name of (CBC Services of Hawaii, Inc). Should I send them the small claims notice with both Midland Credit Management and Midland Funding LLC as the defendants. It seems to me that Midland Credit Management will not do anything to correct this problem and I also believe that they know that this debt is not mine at all and are unwilling to correct this problem. I have kept all letters that I have mailed via verified mail, signature required, all copies of letters sent to me saying that this account has been verified by a billing statement and all copies of my credit reports that I have been getting each month now. I know that Midland uses a Lawer from Honolulu and his name is Marvin Dang. Since he did not send me the letter saying that Midland will be taking me to court, I do not think I should send any legal documents to him. I rather file a small claims case here on the Island that I live on and have Midland spend money to fly this lawyer from Honolulu to my Island and have Midland spend more money on trying to collect $650 from a debt that was never mine to begin with and hopefully my credit report will improve so that I can purchase a home soon but so far have lost out on 4 homes due to a low credit score that has effectively hurt my chances of using my VAhome loan guarantee with no money down. My credit score right now is between 600 and 620 and I need 720 if I want to use the VA home loan no money down. Am I going at this the right way or should I be doing something different. I am tired of writing letters every 30 days only to get the same results.
  11. Hi, I received an Advertisement letter from attorney offering service for lawsuit, after researching online I found out Midland Fund entered what it seems a E-filed on 5/4/2018. After reading some post in this forum, I I felt much better and with some hope. I appreciate any advice that can be given. This is the information I found through the Miami-Dade court's online services: 06/14/2018 Small Claims Pre-Trial Conference Hearing Thank you for your assistance!!! 1. Who is the named plaintiff in the suit? Midland Funding LLC- Plaintiff is a Delaware Limited Liability Company, authorized to do business in Florida 2. What is the name of the law firm handling the suit? Its not very clear but it has a lot of names for attorneys for plaintiff- with a check mark on an esq' name 3. How much are you being sued for? $1800, and the costs of this suit. 4. Who is the original creditor? (if not the Plaintiff) COMENITY CAPITAL BANK 5. How do you know you are being sued? (You were served, right?) No, I received an Advertisement letter from attorney offering service for lawsuit against me and it mentions that the case # is on the envelope ( I thought it was a scam but I looked and found it at the Miami-Dade court's online services) 6. How were you served? (Mail, In person, Notice on door) Nothing as of today. 7. Was the service legal as required by your state? how can I know if the service is legal? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? to the best of my knowledge, I dont recall talking to any of them, however, I have an app that blocks unknown or scammers calls. 9. What state and county do you live in? Florida, Miami Dade 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) there is a bill with the papers I saved from the court's website- it states 05-02-2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 5-16-2014 12. What is the SOL on the debt? 4 yrs 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 Small Claims pre-trial conference hearing on 6-14-18 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? Where is this information? 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. With the online records I see- 1 bill statement from OC; affidavit of sale from OC , bill of sale from OC; as exhibits -asset schedule; letter to old address that MCM is new owner Thanking you in advance!!
  12. Hello, so yesterday 5/14/18 I received a letter in the mail from Atlantic credit and finance incorporated. They wrote that the now current creditor midland is considering forwarding my account to a lawyer in my state for lititgation. The letter states: Atlantic credit and finances has tried to reach you regarding this account. This letter is to inform you that Midland funding, LLC is considering forwarding this account to an attorney in your state for possible litigation. upon receipt of this notice please call the number to discuss your options. if we don’t hear from you or receive payment, Midland funding LLC may proceed with forwarding this account to an attorney. Atlanta credit and financial like to make an arrangement with you to resolve the above referenced account using the following: bi weekly payments or a one time payment of 673. the opportunity to pay the listed above does not alter or amend your validation right as described in our previous letter to you. once we have completely furfilled your payment arrangement, you will be released of the obligation. we are not obligated to renew this offer. my problem is, these letters were sent to my permanent address while I was away at college, I’m graduating this week and this is the worst kind of news to get on my momentous occasion that summarizes my 4 years, I can’t stop thinking of getting sued now. Because I was away I always neglected these letters from collection agencies, I know that was a horrible thing to do, but I was going through a lot of stress and found some peace in ignorance for a whole, I wouldn’t even read the letters, I’d just throw them away. In this letter it states “ The opportunity to pay the listed above does not alter or amend your validation right as described in our previous letter to you” I have no idea what this means because I most likely threw away the previous letter they sent me because of ignorance, I now know why to read everything I get. I have done some very light research on this and the only thing I can find is that people start by asking for a DV, which is the only term I know, but I know there is like a 30 day window or something? Since this is the first letter I’m (reading) I don’t know the previous letters they sent and what they entail, but the fact of the matter is that I’m in the pre legal notification stage and I’m not sure if I’m still in the 30 day window or not because I had no clue on what they sent before, I threw them away. Should I call them to ask if I still am in the window or should I not commmniacte with voice as they can record and use it against me? I can just call and ask that one question and if they deny I can hang up? Anyways I have no idea on how to even start this, my goal is to try and pay them nothing. I would come to terms with my original creditor, Best Buy but we are way past that point and from now I’m willing to fight and read every letter I get, but me not knowing what the previous letter they sent is giving me paranoia. What’s giving me more paranoia is that since DV is the only thing I know I feel as if it is the most important thing and without it I’m screwed and can’t do anything? For some reason I feel like it is a first step and without it I can’t do anything. Am I right or wrong in this intuition? Should I request a DV anyways? Where do I get a template? What should I include in the request? How do I start this? What path do I take to fight this and pay as little as possible? I apologize but I’m a scared college student, I have some money in the bank that I received from hard work and I don’t want that to be levied because if they take the full amount I’d have almost nothing left.
  13. I am currently waiting to be served by Midland Funding. I consulted with an attorney who said Midland will probably settle for about 25% is this something I should try to handle myself. I will be out of a total of $1500 with lawyer fees and settling. Has anyone gotten their case dismissed in TX and if so what did you do. Thanks
  14. Hello everyone ! I'm going to paraphrase the long story that brought me here. Basically , I was in a car accident a few years ago. Failed spine surgeries and lost just about everything while waiting on workers comp . I'm still unable to work full time and I receive the weekly checks of what was a low paying government job. This was my first job out of college . I had a few credit card debts that I worked hard to pay off but in the worst of it , they got charged off. I kept hoping I could return to work and settle it with the bottom feeders. I've had to move twice in the last year. My cousin notified me to today that I received a yellow post in Cherokee county stating to contact the Magistrate court regarding service or a SD car will be sent to the address. I haven't lived in that house in 6 months and everything I have is registered in Cobb. I've been out of town for month because my grandmother is ill so I have no idea what may be at the house I actually live out. I plan on calling Cherokee county in the morning to notify them that I do not live in county. Is this a bad idea? I know I have to deal with this . I'm embarrassed. I thought I'd be healthier . I don't know what to do as I barely have enough to get by on. I've read over some of the other forums but didn't see anything on what to do if an attempt is made in a county you no longer reside. Thanks in advance !
  15. Background I was laid-off in 2016 and am now a full-time student receiving assistance from a few sources - I am on track to earning my bachelors in IT/Security this year (after 1 1/2 years of study). In late 2016, my mother attempted suicide (due to prior abuse from her now ex-husband - stepfathers suck) which had brought a heavy burden upon my family and I. Nothing is more terrifying than having to drive from Atlanta to Alpharetta...not knowing whether your mom is dead or alive. Unfortunately, this combination of events has led me to largely ignore my financial situation and place me where I am today. Currently, I have close to $7,000 of debt supposedly purchased between 3 junk-debt buyers. Do I regret some of the decisions I made regarding my financial situation? I do. This lawsuit has opened my eyes as to the importance of resolving this situation. It's my hope that this community would be willing to assist me through this process. So, to anyone responding to this thread (and the many more I plan to make) - let me go ahead and state that I am greatly thankful for your time and input. Questionnaire 1. Who is the named plaintiff in the suit? MIDLAND (Blood-Sucking) FUNDING LLC DBA SYNCHRONY BANK 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? ~$2200 4. Who is the original creditor? SYNCHRONY BANK (Amazon Store Card) 5. How do you know you are being sued? The non-stop flood of lawyer advertisements 6. How were you served? Someone dropped it off 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? No correspondence - I logged into Midland's website to view amounts they were trying to collect after I was made aware of the lawsuit. 9. What state and county do you live in? Georgia Cobb County 10. When is the last time you paid on this account? 05/2016 11. When did you open the account? 2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit Served 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? Exhibit A: Statement 12/21/2016 Exhibit B: Statement 1/22/2016 Exhibit C: Bill of Sale from OC, Affidavit of Sale from OC, Blanked Certificate of Conformity for Notary Exhibit D: Electronic Field data Exhibit E: Affadavit from Midland's Legal Specialist SCAN: complaint-clean.pdf It's essentially the same as this user: Goals 1. Dismissal with prejudice 2. A clear understanding of the process for potential litigation in the future. My Questions 1. What do you recommend I should be doing now? Will it be possible to visit the court and obtain the complaint and relevant information before being served? I am currently awaiting to be served - I will update with the necessary information as soon as I obtain it. Ideally, I'd like to start this process and get a court date ASAP to get this behind me. 2. I am planning on going to court prior to my hearing. Anything in particular I should look out for? I am looking through active cases in my county similar to my lawsuit...taking note of the court date and judge. I am planning on spending an entire day in court prior to my case to take note of practices/procedures within the courtroom - as well as any quirks the judge may have. 3. Is arbitration a better option for me? Which CC agreement should I use? From reading other threads on this forum; the most potent Midland Repellent™ is sending the case into arbitration per the cardholder agreement. My plan is to request this go into arbitration through JAMS. I have attached 2 cardholder agreements (from CFPB) - one pertaining to when I opened the card and the other for when the account was in last good standing. Ideally, it'll probably be best to use the agreement G&C provides (should they) - so they cannot argue the legitimacy should I provide one myself. If they don't, which agreement is recommended? creditcardagreement_opening.pdf creditcardagreement_goodstanding.pdf 4. When do I MTC Arbitration? I suppose this question relates to my lack of understanding the procedure in depth (more on that below). It is my understanding that I will write up a document stating I wish to arbitrate my case, print 3 of them out, and provide them to the judge/lawyer. At which point should I provide this? Should it be the first words that come out of my mouth - when I submit my answer? 5. Any "What Can Go Wrong" horror stories relating to choosing the route of arbitration? This will help me make a more informed decision about where I wish to take this case. 6. Any literature/resources you recommend? I have a narrow view of the entire process in regards to procedure and process. I understand that though I'm representing myself; I will still be held-up to the same standards as a lawyer. Therefore, I'm well aware of the time and resources I will need to put into this to see this case end in my favor. If anyone has any resources/literature covering the magistrate courts in GA - it would be greatly appreciated! So far, my understanding probably represents what's in these videos: https://georgiamagistratecouncil.com/video-home/ ------- Thank you all for your time and consideration. I'm really glad a place like this exists and I look forward to participating in this community in the future!
  16. A little confused on a situation... Served by Greene and Cooper representing Midland Funding (for OC Synchrony Bank - Discount Tire). I couldn't find the credit card agreement in the database for exactly Discount Tire, but I did find one similar for Care Credit for Synchrony Bank, and all the Synchrony Bank agreements indicate I have a right to request arbitration. I printed one out to take with me to the court hearing. Attorney was there and basically harassed me to settle and mediate and told the judge I refused to mediate and that I didn't even file for arbitration yet and that she wanted to go to court. Well the magistrate was busy that day so they had to reschedule our hearing. Go back the next week, and she again tells the judge the same thing and I didn't even get a chance to say that I wanted to file a MTC arbitration. When it was our turn to see the judge she just requested a stay because she said the "defendant has yet to file for arbitration", and it was granted without me even getting a chance to even present my MTC for arbitration. So now the hearing has yet again been rescheduled for this week, and my question is this. Do I need to go ahead and file for arbitration through JAMS or something and bring that with me to court? Or do I still wait until I get to actually present my MTC to the judge? The attorney is confusing me by saying that I haven't done anything yet? I'm scared the judge might deny my MTC if I haven't filed for arbitration. Also, how can I get an actual copy of my cc agreement with Discount Tire thru Synchrony Bank? I thought it would have to be in the cc agreement database. Do I have to go through that attorney? Appreciate any help! Thank you!
  17. I was contacted by someone in an email and text message saying a suit had been filed against me and they wanted to represent me. Sure enough I checked the court's website and I have a suit filed against me by CACH LLC being represented by Midland Funding LLC. The suit was filed on March 29, 2016. I have been reading everything I can here especially the great thread about the case that was won here in CA in the stickies. I am sure this is going to be the start of a longer thread as I go through this process. I have no idea what this debt is for and I have not been served. The court record shows a Summons Issued on 3/30/16 as the last action in the case. Is this saying that I have been served or they started the process to serve me? Is it normal to have a case filed and then 8 days later still not have been served? It makes me a little anxious wondering where and when someone will show up to serve me and wondering what the paperwork will say when they do. Also on the 29th it says that they filed: Complaint and Declaration Re: Reduced Filing Fees filed by Cach LLC. The filing fee is $225. I am not looking forward to paying that to file an answer. Do you know what they filed to reduce their fee and how that works? I would not be eligible for a fee waiver. I thank you in advance for all of your help. I know that as I go through this process I am going to need it.
  18. Good afternoon- I thank you so much for your help and will try to be as succinct as possible. 1. We live in Illinois and are planning to file for Chapter 7 Bankruptcy on July 1st, 2018. We are currently waiting for that date because my income is artificially high due to a bonus, and we are $2,000 over the median income for our family and do not want to have to go through the scrutiny of the means test. 2. Our objective is to avoid lawsuits and wage garnishments until that date: July 1st, 2018. 3. Here is who we are dealing with and what has transpired thus far: - Notice of Sale on December 21st in the amount of $1389.16 from Credit One to LVNV Funding. We have NOT received a letter from them yet. - Capital One has sent both our balances of $1976.99 and $2950.36 to 3rd party collections agencies. We admitted nothing, but have agreed to pay $15 temporarily per month and this has satisfied them, as long as they said we call back this summer to make higher payments or discuss other options. - Notice of Sale on January 1st, 2018 in the amount of $823.14 from Synchrony to Portfolio Recovery Associates. We have NOT received a letter from them yet. - Notice of sale on January 1st, 2018 in the amount of $2029.13 from Synchrony to Midland Funding LLC. We have NOT received a letter from them yet. - A letter from Kohn Law Firm on January 2, 2018, to collect on $1208.42 from Synchrony and Midland. We have not yet responded, which is why we are here. Again, we will be filing Bankruptcy due to other debts and such, but are waiting until July 1st. We just want to avoid wage garnishment until then. We are obviously most worried about Midland and Kohn... We do not know what time frames they operate on or how to respond to delay them- if that's even possible. We had heard that you can scare them away by requesting arbitration per the Synchrony contract, but do not know if that is too preemptive or if it will even work in our case. Thank you very much for your assistance. I really appreciate it and will follow whatever directions you give me. Best, FJ
  19. I've been reading through everything in this forum to help me prepare to defend a lawsuit brought on to me by Greene & Cooper (representing Midland Funding). The OC is Comenity Bank, and they sold it to Midland. The debt is $1600. I got served at the end of September, answered the suit denying all allegations, and was prepared to MTC arbitration in court. Well, on my court date, there was a local counsel representing Midland and when we went to mediate I gave her my MTC arbitration, and she was completely confused. She looked at my document for 30 seconds, then looked at the credit card agreement for another minute. She told me to hold on, called someone and spoke to them for 20 minutes out in the hall, then came back and said that they were going to oppose the arbitration. So we go before the judge (this is in Forsyth County, GA). I say that I would like to settle my dispute via arbitration, and here is my MTC, attached with the credit card agreement giving me the right to pursue this option. Then the judge asks the plaintiff, and she says that they oppose the arbitration because Greene & Cooper have no contractual obligations to me, and that if I wanted to arbitrate, that I'd have to take it up with the client - Midland Funding, who she also says has no agreement with me to arbitrate. Well the judge listened to her, then took my MTC and agreement and read it over. He said that I was allowed to pursue arbitration if that was my wish, and that I had that right, but then goes on to say how expensive it's going to be and if I really wanted to do this. Directing it at me. I told him about the clause that said the bank would be responsible for the fees associated with it, and he stops and asks again if I wanted to pursue it because I was the one that brought the MTC. I said yes. Then he said my MTC to compel arbitration was granted. The rep for Greene & Cooper didn't say anything. She just sat there, and said I would have to take it up with Midland and that they were just the attorneys representing them. The judge then says that I have to orally report the status of the arbitration scheduling to the court within 30 days. If I or the other party do not do this, then a status hearing will be scheduled. I'm getting worried because I don't know what to do next. The judge said it was my responsibility to find an arbitrator and schedule the process for it. That's not really what I wanted to happen. I was hoping that Greene & Cooper would file a motion to dismiss after realizing I wanted to arbitrate. HELP! Am I going to be responsible for arbitration fees? Do I need to schedule it? Do I need to send a copy of my MTC to Greene & Cooper or Midland? The rep there didn't take anything, and just left after the judge gave her a copy of the order. I'm so confused. Is there anyone that can help me to figure out what to do in this situation? I feel like the judge was annoyed that I presented an MTC arbitration, and was trying to make me think that I would have to do all the legwork and pay all the fees.
  20. Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you. 1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court. FACTS 3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A". 4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof. MIDLANDS EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. CLAIM FOR RELIEF 9. There is now due and owing from the Defendant, in the amount of $2,765.19. 10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. WHEREFORE, Plaintiff prays for judgment agains Defendant as follows: a) For the unpaid balance of $2,765.19. For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest; c) Costs for suit, and d) Such other relief as this Court may deem just and proper.
  21. I have a situation with Midland and Barclays very similar to another thread I’ve seen here but I've already answered with something I found elsewhere online. Using the TurboCourt.com form I responded to my summons with the below statement: Responding party objects to this request on the ground that it is vague, ambiguous, unintelligible, and lacks adequate supporting documentation. The plaintiff has not proven the debt is valid of Defendant, or the amount of the debt is accurate. Defendant insists that the plaintiff provided the original signed contract agreement, account statements, purchase receipts, and account balances from zero to present balance for said account. Furthermore, Defendant denies every other allegation because request calls for admission of matter Defendant denies and thus it is improper. Since filing my answer I have received a Disclosure Statement, Motion for Summary Judgment, and several other documents. I’ve attached a redacted copy of all documents, excluding the 50 some odd pages of statements. I am unsure of what to do next. Can I still respond with arbitration as was advised on the thread I linked above or is it too late for that or not advised at this time? I would like to fight this if possible as I believe this is a fraudulent debt. Please see my answers to the needed questions. Thanks for any assistance. 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.) - Peter M. Balsino 012049, Brian Stanley 031319, Brandon C. Holub 030533, Daniel W. Hoffman 030890 - Tempe, AZ 3. How much are you being sued for? - $1857 4. Who is the original creditor? (if not the Plaintiff) - Barclays Bank Delaware 5. How do you know you are being sued? (You were served, right?) - Served at home 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? - Cochise, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 8/25/2014 is what is claimed 11. What is the SOL on the debt? To find out: - 6 years 12. What is the status of your case? Suit served? Motions filed? - This is the most current info, not sure what it means with a date in the future? - 9/3/2017 CAL: TKL 90 DAYS IMP.DISMISSAL - 8/7/2017 CAL: TKL FILE TO SEND TO ADR - 7/19/2017 MOTION FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No, wasn’t aware of it until served 14. Did you request debt validation before the suit was filed? - 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? - Received response to my answer after being out of town, it’s dated July 14, 2017, but I was out of town until last week, July 26, 2017 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Disclosure Statement, Motion for Summary Judgment, and several other documents I’ve attached redacted copy. Midland_Suit(redacted).pdf
  22. Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless. Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Office of Stephen P Lamb 3. How much are you being sued for? 907.73 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Walmart credit card company...) 5. How do you know you are being sued? (You were served, right?) I was served by a little punk in a 'daddy bought me' truck 6. How were you served? (Mail, In person, Notice on door) At my front door by a dipshit 7. Was the service legal as required by your state? I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank... Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I've had no contact with the debt collector. I don't answer my phone. 9. What state and county do you live in? Craighead County, Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Payment of 50 on 9/12/15 11. What is the SOL on the debt? I don't know what that means. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I don't know. I'm reaching out as my first line of defense. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I don't even know what that means 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have the statements attached to the back of the packet.
  23. Kpearce88

    Midland suing me. Never served!

    I usually go to Reddit for all my question and someone recommended that come on this forum since a lot more people have had success on here. I received a letter from a company saying Midland was suing me and could represent me. Checked th Maryland court website and found the lawsuit there. Believe it went to my old address. Heres the info 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.) Not listed. Attorney's name is Jessica H. Gibson. Google says she works for Midland Credit Management, Inc. 3. How much are you being sued for? $925 4. Who is the original creditor? (if not the Plaintiff) Comenity (GameStop CC) 5. How do you know you are being sued? (You were served, right?) Received letter for company offering to represent me then verified through Maryland court site 6. How were you served? (Mail, In person, Notice on door) I wasn't served 7. Was the service legal as required by your state? Not sure since nothing was received 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? Nothing 9. What state and county do you live in? Live in Baltimore City (MD) now. When I accused the debt was Prince George's County, MD 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure. Believe I got this card on 2015. 11. What is the SOL on the debt? To find out: Don't think SOL applies. It's 3 years in MD. Pretty sure it hasn't passed 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). 8/3/2017 Intial Case Filing 8/7/17 Notice Sent 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Sent a dispute letter to the credit bureaus before I knew I was being sued 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. Sent it 8/11/17 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? Dont know never received. Been calling the court all day with no success
  24. 1. who is the named plaintiff in the suit? MIDLAND FUNDING 2. what is the name of the firm handling the suit? 3. how much are you being sued for? 4. who is the original creditor?(if not the plaintiff) DILLARDS 5. How do you know you are being sued? (you were served, right?) YES I WAS SERVED IN PERSON 6. how were you served? IN PERSON 7. was the service legal as required by your state law? YES 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I FOUND AN OLD LETTER BUT FROM ASSET BEFORE MIDLAND BOUGHT THEM (NONE THAT I CAN RECALL FROM MIDLAND FUNDING) 9. what state and county do you live in? MARICOPA COUNTY-ARIZONA 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) FROM LOOKING AT A CREDIT REPORT IT LOOKS LIKE MAYBE 07/11 OR 11/11 11. What is the statue of limitations on the debt? ALTHOUGH IT WAS A STORE CREDIT CARD (I COULD ONLY USE IT AT DILLARDS) I BELIEVE IT IS 6YRS 12. what is the status of your case? suit served? motion filed? I HAVE NOT FILED MY ANSWER YET I AM STILL WITH IN THE 20 DAYS TO DO SO ...WHICH IS WHY I AM HERE LOOKING FOR GUIDANCE 13. have you disputed the debt with the credit bureaus? (both the original creditor and the collection agency) NO 14. did you request debt validation before the suit was filed? NO 15. how long do you have to response to suit? 20 CALENDER DAYS FROM THE DAY I WAS SERVED 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. NO, THEY DID NOT ATTACH ANYTHING ALL I GOT WAS A SUMMONS AND COMPLAINT. Here are the allegations. 1. plaintiff is a foreign entity, 2. defendant is are husband and wife and reside in Maricopa county,az (goes into our state being a community state etc) if the debt is pre-marital debt, the non debtor spouse is joined only as a necessary party pursuant (I am not married) 3. the court has subject matter and personal jurisdiction. 4. all pertinent acts and omissions giving rise to this lawsuit occurred in Maricopa county,az. 5. all conditions precedent to plaintiff rights of recovery have occurred. 6. by accepting and using an offered extension of credit, defendant entered into a credit agreement with GE CAPITOL RETAIL BANK DILLARD S under account number ending in XXXX (they actually provided ending numbers) and agreed to the applicable terms and conditions of that credit agreement (the "debt"). Plaintiff is the successor-in-interest ("Holder") of the Debt. 7. Defendant(s) (is)(are) in default under the terms of the Debt. The present amount owned under the terms of the Debt, after all setoffs, is $904.81 8. Despite demand to do so, Defendant (s) (has)(have) failed to pay the amount owed. 9. the acts and omissions of Defendant(s) constitute a breach of contract. The Holder has been damaged thereby. WHEREFOR, Plaintiff prays as follows: 1. For Judgment against the Defendant(s) in the sum of the principal balance of $904.81, minus any payments made; 2. For cost incurred herein; and 3. For such other and further relief as the Court deems just and proper. PLEASE HELP...I have read so many different things on the post that I am confused as to how to approach this. I have seen people say Arbitration is the only route to go, My case is in civil court since the amount is less than 10k. I have read that if I am choosing arb I should 1. mail a letter to the attorney 2. then file my answer denying jurisdiction with a copy of the letter I sent (I do not have a copy of the credit card agreement so would I need to wait for the attorney to send me a copy?) 3. after filing my answer I should wait for 2 things to happen? 1. they need to give me a copy of the agreement 2. they need to deny arbitration or ignore my letter? if I get a refusal to arbitrate response from the attorney do they HAVE to give me a copy of the agreement?? If they DO NOT give me a copy how do I proceed? Again I am really new to this I have been reading every article I can so I have some knowledge (nothing great) on what the process is.. I do not know how I could use this but I read the CFPB took action against Midland Funding and there is a consent order on them in the article it calls for having Midland Funding go on the record as to the steps they took to validate the information on the account prior to submitting the lawsuit (if you google John Skiba a debt lawyer in az and go to his website and click on the blogs-it was posted on sept 9 2015 under the title "MIDLAND FUNDING AND PORTFOLIO RECOVERY ASSOCIATES SLAMMED BY CONSUMER FINANCIAL PROTECTION BUREA) PLEASE IF ANYONE CAN HELP OR PROVIDE GUIDANCE IT WILL BE GREATLY APPRECIATED!!! MY 20 DAYS ARE CLOSING FAST AND I DO NOT WANT TO GO THE WRONG PATH. THANK YOU IN ADVANCE