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Found 11 results

  1. I am helping my husband with his Merchant credit adjusters case. The first time he heard of this company was in the form of a summons. The summons contained petition, letter from original creditor for the assignment of debt, affidavit from the original creditor, a copy of what I'm assuming is the last bill, a copy of the credit card agreement signed by my husband and an affidavit pursuant to service member civil Relief act (he is not military). With all this evidence I believe my best course of action would be to dispute the evidence in the summons but I am unsure of how to do so. 1. Who is the named plaintiff in the suit? Merchant credit Adjusters 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brumbaugh & Quandahi PC 3. How much are you being sued for? $931.19 4. Who is the original creditor? (if not the Plaintiff) Nebraska Furniture Mart 5. How do you know you are being sued? (You were served, right?) Summons 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? None 9. What state and county do you live in? Vernon county Missouri 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/16 11. When did you open the account (looking to establish what card agreement may be applicable)? 11/2006 12. What is the SOL on the debt? To find 5yrs 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 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? 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. My Missouri company was incorrectly named as defendant because of a similar, but no where near exact, corporate name. We have filed a motion to dismiss but it will not be heard until the time to respond to the summons is over. I am trying to do this pro se instead of paying hundreds if not thousands in legal fees. Is the time to respond to the summons extended because of the motion to dismiss or do we still need to respond by the summons date even though the suit is against the wrong company? Thanks for your assistance.
  3. Title poses the inquiry, what is the statute of limitations on retail accounts in Missouri? My various google searches for answers provide nothing concrete, as I get different answers from different results. (Store cards, like Lowes, Best Buy, Jareds etc?) Sterling Jewelers, through an attorney, (owning brand of Kay, Jareds and a few others) purportedly contacted me today via phone through a mitigation firm (whatever that is), with a number to call and a file number to give in regards to a delinquent account from 2010 threatening civil action. They did have some personal information, however it was nothing that couldn't be attained from my credit report aside from the full digits of my SSN (and some of their information they were trying to use, for what I can figure was intimidation, was flat wrong, like purchase dates on a vehicle etc.) Trying to figure out what to do, should I just wait to see if they/or someone actually files anything with the courts and then just hand it over to an attorney? (Funny thing, the "firm" that contacted me... their number traces to Monrovia, California...not Missouri or even the tri-state area. Also, they claimed to have mailed me something middle of September, but I received nothing. I also specifically told the "lawyer" on the phone that before I would even consider proceeding, I require a validation of the debt in writing via USPS. To which he replied "we're beyond the time for validation, that won't be happening, the next thing you receive from us will be a summons from the process server" to which I replied with "Alright, see you in court then.")
  4. Missouri resident. OC were 3 credit cards. I tried to work things out a few years ago but could pay nothing. They sold the debt, a few different times. Cavalry ended up with it. I am now in a better place financially, was gathering funds and trying to prep my tax return to call and make an offer. It took longer than expected. I have since received letters from the attorney for a law firm representing them. Questions: I can sum up the questions as: “What do I do?” but more specifically….. 1- Is this when they truly become litigious, or is this another bargaining tool? 2- I don’t have the funds to pay the full amount, though I could probably come up with 60%. Do I send letters of DV to buy a little time while I attempt to scrape together more? 3- Do I go to a credit counselor and let them fight and bargain with the attorney? 4 - Do I dare attempt an offer letter to the attorney? Law firm based in Kansas City, KS but licensed in MO and KS. Will provide name of firm if helpful. Letters summarized with what I understand to be pertinent information. THANKS FOR THE HELP!!! ---------------------------------------- 1st letter: Jan 23, 2017 RE: Account balance w Cavalry SPV Cavalry account No: 111111111 (not real number) Original Creditor: Citibank, NA Creditor: Cavalry SPV The above debt has been referred to our law office….we hereby demand payment of debt (~$4500) as of Jan 23. Please direct all phone calls, payments and inquiries to our office. You may call and ask for Jane Doe ext 123. Notice: This is a from a debt collector and is an attempt to collect a debt. Unless you notify this office within 30 days, etc, etc. (Please return this portion w/payment to: XYZ Law Group. Amount paid: $_________ ) ---------------------------------------- 2nd letter: Jan 26, 2017 RE: Account balance w Cavalry SPV Cavalry account No: 111111222 Original Creditor: Citibank, NA Creditor: Cavalry SPV The above debt has been referred to our law office….we hereby demand payment of debt (~$3900) as of Jan 23. Please direct all phone calls, payments and inquiries to our office. You may call and ask for Jane Doe ext 123. Notice: This is a from a debt collector and is an attempt to collect a debt. Unless you notify this office within 30 days, etc, etc. (Please return this portion w/payment to: XYZ Law Group. Amount paid: $_________ ) ---------------------------------------- 3rd letter: Feb 10, 2017 RE: Account balance w Cavalry SPV Cavalry account No: 111111333 Original Creditor: Citibank, NA Creditor: Cavalry SPV The above debt has been referred to our law office….we hereby demand payment of debt (~$2300) as of Jan 23. Please direct all phone calls, payments and inquiries to our office. You may call and ask for Jane Doe ext 123. Notice: This is a from a debt collector and is an attempt to collect a debt. Unless you notify this office within 30 days, etc, etc. (Please return this portion w/payment to: XYZ Law Group. Amount paid: $_________ )
  5. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gamache & Myers 3. How much are you being sued for? 1671.41 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? 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? Cape Girardeau, MO 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2011 11. What is the SOL on the debt? 5 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Service not returned 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? Not required to answer by MO state law 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, statement, and another scan I've linked below. https://drive.google.com/file/d/0B1FMoK9IXQKAclEtRXVIZGR5c0k/view?usp=sharing
  6. I have a question about Missouri's somewhat confusing statutes of limitations on the collection of credit card debt. RSMo 516.110 states: Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; While RSMo 516.120 states: Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; My question: which SOL applies to credit card debt? I requested proof of debt and received a copy of my original credit card application (no copy of a written contract from what I can see), but it appears my last payment was more than five years ago. Do the courts generally apply 516.110 or 516.120 to credit card debt in Missouri, and which would apply in my case if there is no written contract produced? Just wondering if litigation filed against me this week may be time barred or not. I'm planning to answer and include discovery requests with the answer requesting copies of all agreements, contracts, etc., and also a record of all payments, including the last payment made to the account. Thanks for your time. It seems confusing to me.
  7. I sent a Request for Production via paper format to the Plaintiff and they sent back a general objection citing MO Supreme Court Rule 57.01 that is had to be sent in a common electronic medium.... My questions is do I send the same request to the Plaintiff and copy the court again? There has been one court date since I filed the request and the plaintiff never mentioned the object to the request. Appreciate any thoughts on the matter. Court date is 9/27.
  8. Lots of case law and statutes. Limit is 9% interest on account stated if they can prove it. Author is a Missouri Consumer Atty. http://www.lsmo.org/sites/lsmo.org/files/Account Stated CLE slideshow 10-22.pdf
  9. Very interesting on how quick cash places sue you http://www.cwebnews.com/business-news/finance/265747-when-lenders-sue-quick-cash-can-turn-into-a-lifetime-of-debt.html
  10. 1. Sued by Midland Funding via Joseph Andrew Terry of Gamache & Myers, P.C., St Louis, Mo 2.Served in person by process server 3.Complaint filed 4-16-13, 13th Judicial Circuit Court, Boone County, Missouri 4.O.C. GE Money Bank 5.Claims: Count 1. Suit on Contract 1. All times pertinent therein, Plaintiff was at all times relevant herein a A LIMITED LIABILITY COMPANY, duly organized and existing under law. 2. Plaintiff is the holder of a valid assignment of an account which originated with GE MONEY BANK with an account number ending in *************. 3. Defendants is/are resident of BOONE COUNTY, Missouri. 4. GE MONEY BANK and Defendant entered into a contract, whereby GE MONEY BANK extended credit pursuant to the terms and conditions of a credit agreement (hereinafter referred to as "Agreement") and Defendant, in exchange for the use of the credit extended, agreed to pay GE MONEY BANK for all amounts due resulting from the authorized use pursuant to the Agreement, including any finance charges and any other charges due under the terms of the agreement. 5. GE MONEY BANK fully abided by the terms and conditions as set forth in said Agreement. 6. Defendant has not made all payments to GE MONEY BANK pursuant to the Agreement. 7. GE MONEY BANK sent monthly statements to the Defendant. 8. Defendant breached the Agreement by failing to pay the amount owed. 9. As a direct and proximate result of the Defendants breach of the Agreement, GE MONEY BANK has sustained damages in the sum of $1,934.98. 10. GE MONEY BANK has fully performed, pursuant to the terms of the Agreement or its performance has excused due to Defendant's breach. 11. GE MONEY BANK, and subsequently, Plaintiff, have made demand for payment of the outstanding sum of $1,934.98, but Defendant has/have failed and refused to pay. Plaintiff seeks interest from December 31, 2012, which is the date of demand or subsequent to the date when demand for payment was made. Wherefore, Plaintiff, MIDLAND FUNDING LLC prays for judgement in Count 1 against Defendant, in a sum of $1934.98 plus interest and for all costs expended herein and for any other and further releif this Court deems just and proper. Count II Money had and received Comes now, Plaintiff blah blah blah alternative cause of action follows: 1. Plaintiff restates and re alleges each and every paragraph of Count I as if fully set forth herein. 2. Defendant received and used (or authorized use of) the credit knowing that GE MONEY BANK expected to be repaid for all monies advanced, together with interest thereon. With each use of the credit GE MONEY BANK paid money on Defendants behalf to the merchant with whom the credit was used. Defendant accepted said funds for the purchase of goods, wares, merchandise or services and has/have been unjustly enriched by failing to repay such sums. 3. Plaintiff is the assignee of the Issuer's right to be repaid by Defendant for such money had and received, and it is entitled to recover from Defendant the sum of $1934.98, together with interest as provided by law from December 31, 2012, all costs expended herein and for any other and further releif this Court deems just and proper. Count III Account Stated Comes now, Plaintiff, and for its alternative blah blah blah as follows: 1. Plaintiff restates and re alleges each and every paragraph of Counts I and Count II as if fully set forth herein 2. Defendant and GE MONEY BANK had previous financial transactions related to the Agreement issued to Defendant by GE MONEY BANK, at Defendants insistence and request. 3. Pursuant to said transactions, GE MONEY BANK sent Defendant statements of account, to which Defendant did not object. 4. Pursuant to the terms and conditions sent to Defendant in the Agreement, and governing its use, the Defendant made an unconditional promise to pay the amount due with the use of said card. 5. The balance agreed to by the parties is $1934.98. 6. The Defendant has failed to keep his promise to pay said balance, despited demant for the same having been made. 7. Plaintiff is the assignee of GE MONEY BANK to be repaid by Defendant on the account, and it is entitled to recover from Defendand the sum of $1934.98, that being the balance due through December 31, 2012. Wherefore, Plaintiff, Midland Funding llc prays for judgement in Count III against the Defendant in a sum of $1934.98, together with interest as provided by law from December 31, 2012, all costs expended herein and for any other and further releif this Court deems just and proper. 6. Answered complaint in time and filed a motion to strike their affidavit as well as my own notarized statement in support of pending motions and of finding MIDLAND FUNDING LLC is a vexatious litigator and violates the ABA model rules of professional conduct here is their affidavit: Melissa Haag, 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 records 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 on personal knowledge of those account records maintained on the 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 the defendant's GE MONEY BANK account xxxxxxxxxxxxxxxxxxx (MCM Number .............) (hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on the plaintiff's behalf. 2. MCM's records show that the defendants owed a balance of $1934.98; and that interest is due from 2012-12-31 accruing at a rate of 9.00000% as provided by law, amounting to $1.91, making a total due and owing of 1936.98. I certify under penalty of perjury that the foregoing statements are true and correct 1-16-2013 signed: Melissa Haag notarized by: Thenda Bermea here is my motion to strike affidavit: Motion to Strike the Affidavit of Melissa Haag Comes now, Defendant and respectfully states the following: 1. Plaintiff has submitted into evidence an affidavit claiming that the affiant, Melissa Haag, has personal knowledge of business records related to the aforementioned debt. Affidavit of Melissa Haag 2. The affiant writing in AFFIDAVIT OF MELISSA HAAG does not explain how the business records came into her possession, only that to the best of her beleif they "represent" the actual records from the original creditor, GE MONEY BANK. 3. Affiant of AFFIDAVIT OF MELISSA HAAG does not claim to have personal knowledge of how business records were kept at the original creditor. 4. Affiant of AFFIDAVIT OF MELISSA HAAG does not claim to have personal knowledge of the sale or assignment of the debt from the original creditor to Midland Funding LLC. Wherefore, the Defendant prays this Honorable Court that Plaintiff's AFFIDAVIT OF MELISSA HAAG be stricken from evidence in the above action. I state under penalty of perjury that the foregoing is true and correct. signed and notarized certify that I mailed a copy to plaintiffs atty Here is my AFFIDAVIT SUPPORTING PENDING MOTIONS AND IN SUPPORT OF A FINDING THAT MIDLAND FUNDING LLC IS A VEXACIOUS LITIGATOR AND THAT MIDLAND FUNDING LLC VIOLATES THE ABA MODEL RULES OF PROFESSIONAL CONDUCT NOW COMES, __________________ and hereby swears and deposed based on personal knowledge, under oath, as follows: 1. Frederick J. Hanna and Associates ("Hanna") have been Georgia debt collection lawyers for Midland Funding LLC ("Midland") 2. In 2010 and 2011 James T. Freaney, Esq. ("Freaney") was/is an attorney for Hanna and for Midland. 3. In 2011, Freaney testified in Court, under oath, that Hanna files 8000 to 10000 lawsuits a month and receives up to 100 answers to those suits each day. 4. 2010 letterhead for Hanna listed 10 attorneys to properly review/evaluate cases, prepare complaints and litigate 96,000-120000 lawsuits a year. 5. Upon information and beleif it is ethically impossible for 10 attorneys to properly review/evaluate cases, prepare complaints, and litigate 96,000-120000 lawsuits a year. 6. Upon information and beleif, all Midland debt collection attorneys handle a similar volume of lawsuits. 7. Upon information and beleif, for Midland to operate profitably, the debt collection attorneys for Midland must file a huge number of lawsuits and such a volume per se violates several precepts contained in the ABA Model Rules of Professional Conduct. 8. Aside from generating hundreds of thousands of direct lawsuits, the conduct of Midland has flooded bankruptcy courts, federal and state courts concerning FDCPA claims, other collateral litigation and caused untold human suffering. 9. Midland has filed lawsuits against wrong parties. 10. Midland has filed lawsuits that are time-barred. 11. Midland files multiple lawsuits against individuals when one lawsuit could have been filed. 12. Midland files lawsuits without adequate documentation supporting said lawsuits. 13. Midland uses illegal robo-signed affidavits in lawsuits it files. 14. Midland files lawsuits in the wrong jurisdictions. 15. Midland files serial litigation against individual defendants in different courts. 16. Midland is an adjudicated violator of the FDCPA. 17. Midland has settled a large number of FDCPA suits in favor of debtors. 18. Midland has argued that U.S.D.C. (Arizona) has no jurisdiction over Scott Huminski's/Midland litigaition and U.S. Court Judge Teilborg agreed. In U.S.D.C.(Ohio) and in the Sixth Circuit, Midland represents that the Arizona federal courts have jurisdiction over the Huminsky/Midland litigation. Upon information and beleif, Midland should stop lying to the federal courts and get its story straight. 19. Upon information and beleif the aforementioned facts support a conclusion that Midland is a vexatious litigator and vexatious litigation filed by Midland is perpetrated on a massive scale throughout the United States. dated and signed sworn and subscribed notarized 7. A hearing was set to hear my Motion to Strike Affidavit but I got confused and just happened to notice that the date was set 5/13 the friday before court on monday and thought I was responsible for sending notice to the Midland's atty so that day I filed for a continuance of the hearing in order to give proper notice. After I filed for continuance I found to letter from the court notifing me of the hearing with cc:Plaintiffs atty. So, I showed up in court on monday and the judged ended up not ruling on my motion and instead set the trial date for 6/10. 8. I know the Motion to Strike was premature. I can object to their Affidavit during trial. 9. All they attached to the complaint was an Affidavit verifying im not on active duty, Affidavit of Melissa Haag, an MCM account statement. 10. I'm thinking about filing discovery but dont know if it is even necessary given that all they have is an dubious affidavit, and a account statement. No contract or even an agreement with terms and conditions. No bill of sale. 11. I disputed the debt the moment they sent me any mail about it and requested an FDCPA debt verification and they did send me some stuff but I dont know if it really validates anything. Im not sure how to proceed at this point to prepare for the trial on 6/10. Kinda think if I study the rules of evidence and requirements for an account stated I could argue for a dismissal on lack of standing. I have a list of cases that Midland has lost that have been brought by about every state's AG that I want the court to be aware of. How do I inform them? File a document? under what rule? thank you for any advice or experience that you can share with me!
  11. I have an old CC debt that is now supposedly owned by Cavalry. The summons I received has zero affadavits attached. In fact, the only attachment is a copy of terms and conditions from the CC company. The lack of any supporting documents with the complaint pleading makes me suspicious about their ability to back up their standing. Anyway, I can't afford to have this go to court so in the end I've got to pay them what they'll settle for[1] before trial. My question is this: Is a strategy of going ahead as if I were willing to go to trial to get them to settle for a lower amount a good idea that has a decent chance of resulting in a lower settlement amount? The petition I received (pursuant to Missouri Chapter 517) alleges a valid assignment of debt with no supporting documents. [1] As of a phone call to them last week wherein I said something along the lines of "I'll give you $250 only so I don't have to deal with this hassle" they offered to settle for ~$1400 which is about $100.00 off of what they're suing for