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Found 8 results

  1. I was sued by Midland Funding llc in Jan 2019. I answered and appeared in court where I filed a motion to compel arbitration. I paid the $250 fiing fee. Jams sent Midland an invoice, but Midland never paid the required $1,250 fee. A final request was sent to Midland by Jams on July 2019. The request states if fee is not received within 30 days, the file will be closed. To this day I have not heard anything. What is my next step? Do I contact Jams and request a formal closing of the case? Can I have the derogatory account removed from my credit report? Thank you for any help I receive.
  2. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kohn Law Firm S.C. 3. How much are you being sued for? $1,406.67 plus court costs 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank - Meijer 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) In person by Sheriff 7. Was the service legal as required by your state? Yes, to the best of my knowledge 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received mailed notices, sent my landlord a letter verifying residence, spoke with them. 9. What state and county do you live in? Illinois, Winnebago County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 5/5/17 - $60.00 11. When did you open the account (looking to establish what card agreement may be applicable)? 6/23/15 12. What is the SOL on the debt? To find out: Time has not expired on the debt for written, oral, and open-ended accounts. Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Pending: First Return was on 3/5/20. Filed Appearance. Filed Motion for Continuance as I am not able to make the next status date (5/7/20) as I will be out of town for work. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No I have not. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Appeared in person at first return on 3/5/20, filed Appearance, Filed Continuance. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Initial served with the summons, court filing, verification, final billing statement, Exhibit A: Bill of Sale, Affidavit of Lois Rieffer. Attached as Summons.PDF (I redacted personal information). After first return, was mailed additional documents: Meijer Credit Card Account Agreement, Comenity Bank charge off letter, Bill of Sale (They redacted information), Exhibit 1 to Bill of Sale: Asset Schedule (they redacted information), Account data from the bill of sale (database export it looks like), portfolio level affidavit (half of the page is whited out), Certificate of Conformity. Attached as Documentation.PDF (I redacted personal information. Also didn't include all statements, but they only include statements from 8/18/16 (balance at $931.64) - 1/18/18 ). 18. How did you find out about this site? Looking for information of on handling of these suits, found lots of good information out here! Questions: 1. Most of the stuff I've been reading is over a year old, so I wanted to see the best way of moving forward. It seems the invalid documentation/no contract loophole has been closed up as I'm sure the JDBs were sick of losing to this defense. 2. Is MTC Arbitration the best way to go? 3. I filed a continuance as I won't be able to be at the next status date. Can I file a MTC with the Continuance pending? It looks like @fisthardcheese, you are the most knowledgeable on this in IL, any help is appreciated!! documentation.PDF summons.PDF
  3. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
  4. Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm? Midland funding LLC 3. How much are you being sued for? $749.38 4. Who is the original creditor? Citi Bank 5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 6. How were you served? In person. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I receved some mail every now and then but I never answered it. 9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 13. What is the status of your case? Suit has been served. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 days I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. see attached picture.
  5. Hey all, Recently found out I'm being sued by Midland in IL small claims. I have yet to actually be served, so am taking this time to get as prepared as humanly possible! Here's the good ol Q&A: 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blitt and Gaines PC 3. How much are you being sued for? $910.21 4. Who is the original creditor? (if not the Plaintiff) GE Capital/Synchrony (Walmart store card) 5. How do you know you are being sued? (You were served, right?) Haven't been served yet- letter from a local attorney prompted me to check online county court records. I paid the clerk for copies of the Complaint/Summons 6. How were you served? (Mail, In person, Notice on door) Not served yet, but it appears they've been attempting in-person service to my home via a private process server 7. Was the service legal as required by your state? If they do it by the above method, yes it will be 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I'd received dunning letters from them in the past that I foolishly threw away. No other communication that I recall 9. What state and county do you live in? Winnebago County, IL 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 02/01/2014 11. What is the SOL on the debt? 5 years 12. What is the status of your case? I haven't been served yet 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? ... Did you receive an interrogatory (questionnaire) regarding the lawsuit? The charge is "Contract Money Damages (SC) - Exceeds $500.00 but not $2,500.00". Once I'm actually served it looks like I have 30 days to respond. No interrogatories. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit from a Midland employee An affidavit from a Synchrony employee Bill of Sale re: sale of group of accounts purchased by Midland from Synchrony Purchasing Agreement re: sale of group of accounts purchased by Midland from Synchrony Computer printout with my name, account details, etc. purporting that my account was included in that purchased Final statement from Synchrony showing balance of $910.21
  6. Hi I've seen a few posts about Midland here and I'm wondering what I can do. I have not received any type of correspondence from Midland myself, no mail, no phone calls. However today the person that lives in my old home in another state, called to tell me someone showed up a few times this week to serve me court papers and they told the court server I no longer lived there and they didn't know how to find me and the court server left. With that being said, my old residence is in a different state(mo) than I reside in now(il). From the information they gave me about a court server I was able to find some info on the states court website but the info is pretty vague. It shows the info was filed in November 2016 and the court date is in a few days, and the amount is less than $500. I have no idea who the original creditor would be or even how I need to proceed right now. I know being able to go out of state and have time off work within just a few days for the court date is 100% out of the question unless I quit my job. Any advice/suggestions? Thank you
  7. HELP NEEDED, PLEASE! Asking for Security Costs in Utah seems to be relatively uncharted territory and I feel we need to fight this as best we can to set a precedent for future cases against the JDB's. I filed my Motion for Security Costs on March 13th and JM for Midland Funding was served on March 14th. (These were posted on another thread). As per the Utah Rules , a response in opposition needs to be filed within 10 days and if they are served via USPS mail add 3 day for a total of 13 days. On March 28th, (15 days after Plaintiff was served w/ Motion), I filed my Request for a decision and the Plaintiffs attorneys were served with the request on March 29. On March, 29th, Plaintiff mailed opposition to security costs and I was served with it today, April Fools Day. Here is their answer: Argument - "Defendant has requested a cost bond to be filed by Plaintiff but has failed to show or allege what costs (not attorney fees but costs) he might incur in this case. As such, without even alleging what costs might be incurred, Defendant cannot have shown any "reasonable necessity" for any such cost bond. Furthermore, the Utah Rules of Civil Procedure have recently been amended with the specific goal of keeping costs such as this one down to a reasonable amount. Finally, Defendant cites a number of cases about attorney fees, however, Defendant in this case, is pro se and as such he cannot at this time be awarded attorney fees. Until or unless Defendant can show the reasonable necessity for a cost bond, his request should be denied." First of all the Plaintiff's response was late, although I am beginning to believe this is just another tactic for the JDB, should I still provide the Court an answer to the Plaintiff's opposition. I have 5 days to do so. Regarding the formulation of an answer, it seems the Plaintiffs answer seems to be simply that since I am Pro Se, I won't have any attorney fees. This certainly does not mean I will not have costs involved in dealing with these wretched creatures. It is not possible to know in advance, what costs I might have. I am a Pro Se Defendant, and this is all new to me. Plus according to Utah Law, a Pro Se Defendant may be entitled to Fees if the Defendant wins its case. In my Motion I mentioned we were in the early stages of Discovery. It is interesting controlling costs is only important for the Junk Debt Buyers, since they have to file so many lawsuits!!Any help would be greatly appreciated!! I also received in the same packet from JM, Plaintiff's Statement of Discovery Issues. Plaintiff had asked for 6 years of bank statements in initial discovery. My answer was "After a diligent search and reasonable inquiry, no such documents are in the care, custody or control of the Defendant. Defendant has not maintained a bank account foe over 3 years". Which I have not. Here is their Statement: Plaintiff sent Discovery to the Defendant. Defendant provided a response. However, Defendants responses to Plaintiff's Discovery were incomplete as Defendant failed to provide any of the requested documents. Based upon the Defendants defective responses, Plaintiff requests the Court order to fully resond within 14 days. Said requests are proportional as the information is needed for this case, the burden is minimal as the requests are for information in the Defendant possession or control or the Defendant can respond indicating that it is not, the discovery is not cumulative and the information is for the Defendant knowledge or understanding of the facts. ( this is actual wording) Defendant's bank records are relevent and discoverable in this matter because they are business records identifying creditors to whom Defendant. As such they are likely to identify creditors to whom Defendant has recognized an obligation to make payments. Further, such bank records are likely to evidence Defendants failure to make payments that were due. ( again exact wording)Any help would be greatly appreciated.