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Found 15 results

  1. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basi
  2. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies. Brief scenario. Dell Financial Asset claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference. I was late on responding to items..but then, so were th
  3. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx T
  4. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on
  5. Good morning everyone, I am new here and let me start by saying thank you for this site, I have used the template here to contact a collections company I saw on my credit report, they put in the date on 9/2007 this is when I turned 18 but its for a medical bill for 5/2007 I was a minor and my mother was tooke me to the hospital, I was given care and send home, I moved away when I turned 18 and I never even heard from them, but I was taken to collections and a judment was taken out on me! I was under 18!! I was never even told about this my mother is the one who got the bill she was filing f
  6. Hi All, I've been a bit quiet about my case lately. Frankly I was overly stressed and just needed to keep things to myself for a bit. However an interesting development has come up. I served my Request for Admissions on 9/4. Under Utah rule they had 28 days to respond. If they did not respond then the admissions would be deemed admitted. The 28 days was up on 10/2. As of today I still have not received their response. I need to know what my next step is to get this dismissed. I've listed my admissions below. Any help is appreciated. 1. Admit that you are not the legal owner of the alle
  7. I had a hearing today to set aside a judgment. After clearing the first 2 hurdles (excusable, and responding within timely manner), the 3rd was that I must show merit. I certainly felt I did that, but the Judge didn't think any of my points had merit. I argued that the Plaintiff had not shown that they own the debt, had submitted a 2003 Fleet Card agreement along with a 2005 CC agreement from Bank of America, and nothing had been shown to prove that FIA owned the debt. In addition, I tried to argue that there was not standing to sue due to point 3 below, but he didn't listen to that argument a
  8. Hi All, First a bit of background. Received complaint from Asset Acceptance. Nothing was attached to it, just the complaint. Filed answer claiming lack of information and denying everything. No Affirmative Defenses were used. Earlier this month I received Plaintiff's Initial Disclosures, RFP and RFA all on the same day. With the Initial Disclosures they included a generic copy of a cardmember agreement and what looks like a screenprint from the Lawyer's office laying out the alleged original balance from the OC, costs, interest and alleged current balance.This also had my Name, SS# Address, P
  9. So I got the summons on 2/13 and I've done some research but the deadline is coming quick. Any help would be so much appreciated. I'll follow the format for posting. 1. Who is the named plaintiff in the suit? -- Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -- It just has the names of the attorneys. I'm unsure if it's a good idea to post their names. LMK if it's important to know 3. How much are you being sued for? -- 2XXX+ 4. Who is the original creditor? (if not the Plaintiff) -- Dell Financial Services / Ci
  10. I'm starting this thread as mainly a sanity check and to ask questions. I've dealt with Johnson Mark before, however it was several years ago. In that case the amount was so small that once I answered and started discovery I think they decided it was more trouble than it was worth. In that specific cases I threw the laundry list of Affirmative Defenses at them (23 total) From what I have been reading over the past few days, it sounds like that probably isn't the best way to go. My main concern right now is making sure that I don't hang myself with any affirmative defenses. Thanks in advance f
  11. Hi all, I have a quick question about Utah Rule 26. Part of it states Filing. Except as required by these rules or ordered by the court, a party shall not file with the court a disclosure, a request for discovery or a response to a request for discovery, but shall file only the certificate of service stating that the disclosure, request for discovery or response has been served on the other parties and the date of service. As a sanity check, I just want to confirm that this includes Admissions as they are part of discovery.
  12. I just received my initial disclosures from A$$et Acceptance. Initally I didn't think much of them but as I thought about them a bit and read them a bit closer, some I found some interesting things and need to know if they are worth my time and what I should do. Keep in mind that these are in Utah and they are not actually filed with the court. From what I understand, this means there is nothing to file any motions against. Below is a summary of what I found. 1. The most glaring thing was that they listed Asset Acceptance and Dell Financial Services as "Individuals With Discoverable Informatio
  13. 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 a
  14. Thanks for all of the many people on the board who have taken the time to help others and hopefully myself with this case against these Junk Bond Collectors. I was embezzled from by my former business partner & sued myself into debt before realizing the lawyers were the only ones winning that battle. Never had a late in my life 40 years until that ordeal;) Anyway, here's my 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? Johnson and Mark LLC 3. How much are you being sued for? $946X.xx charged off; plus accr