Lostinpa Posted August 20, 2008 Report Share Posted August 20, 2008 1. Who is suing you?wolpoffxx and abramsxx on behalf of midlandxx fundingxx llcxx2. For how much?57003. Who is the original creditor?emerge mastercard4. How do you know you are being sued?i was served5. How were you served? Were you served?somone knocked on my door and gave me a letter 6. What was your correspondence (if any) with the people suing you before you think you were being sued?Not much i couldnt make the lump sum payment which was all they wanted7. Where do you live?pa8. When is the last time you paid on this account?6/6/069. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).court date sept 2nd10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)no11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.no12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? theres a letter saying notice to defend.if i dont respond my court date might be given a new date.the letter is addressed to the lawer not the court13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?some stuff with my cc acount name address14. What is the SOL on the debt? To find out: I dont deny owing this ive tried to make payment arangments before but i cant pay all they want.I went bad on the credit card and it was only 4300 now they want 5700.I called and tried to see what they will settle for which is 4100.And i cant get that up.I own a house and cant get a loan at all now im not sure what to do. Link to comment Share on other sites More sharing options...
ALVA Posted August 20, 2008 Report Share Posted August 20, 2008 Well, you have nothing to lose going in and trying to defend. Midland has crappy records on old stuff, but two years old they might have something. Make them prove it. Call the court clerk and get a copy of the rules and procedures for pro se defendants, they usually have brochures or pamphlets of some kind, and maybe have them on a website. It may even be worth going to the courthouse and watch proceedings for a morning to get a feel for it.When we went to trial with Midland the judge sent almost everyone (that showed up) to another room to try to work something out...whether payments or a settlement. Most defendants weren't there and so there were quite a few default judgments. Perhaps your court is similar..though we were in small claims so much less formal proceedings. Link to comment Share on other sites More sharing options...
Lostinpa Posted August 21, 2008 Author Report Share Posted August 21, 2008 Yea ive tried to set up payments they just want too much.IM just wondering what i should ask for when i go in.Validation of debtproof that they own the debtanything else? Link to comment Share on other sites More sharing options...
LUEser Posted August 21, 2008 Report Share Posted August 21, 2008 Since it's so recent, if they do get a judgment entered against you, you may have the option to file for a slow pay which will allow you to make payments which are relatively low over a period of several months. But for sure go in and defend yourself. Make them prove it, but be careful as these lawyers, even the crappy ones who represent Midland, like to play word games to trap you into admitting a debt is yours. Be prepared to do some verbal sparring and jousting. Good Luck. Link to comment Share on other sites More sharing options...
Lostinpa Posted August 21, 2008 Author Report Share Posted August 21, 2008 What im worried about is the affect the judgment will have on my credit report ( trying to get a loan to actually pay them)and trying to get a job I understand they can freeze my bank account but i already emptied it and stopped my derect deposit of my check.And wage garnishment is illeagal in pa i understand for ca's?So al thats in there is like 40$.I tried today to get them to delay it but they said only thing that can stop the judgment is me paying them off 4100$?? These people are refusing to work with me at all. All i need is 30 days or so.So my credit report can go up 1 point!And i can get the loan. Also when i asked that they remove the mark from my cr they said We dont have controll over it.If there hired to handle this shouldnt they have the power to do so?I really dont want to file for bankruptcy but its lookin like my only way out. Link to comment Share on other sites More sharing options...
jq26 Posted August 21, 2008 Report Share Posted August 21, 2008 There is no action for wage garnishment in Pennsylvania. There almost was but the bill was shelved last year in Harrisburg. Keep in mind that when wages hit a bank account, garnishment is 100% acceptable, so heads up. But they can't garnish without the judgment. Bankruptcy seems extreme over $4100. A judgment is basically worthless unless they have a way to collect on it. I'd call them back and offer to pay 50% lump sum in settlment of the suit. Remidn them that you are not working and have no assets. Since they paid pennies on the dollar, if they are smart they'll take the offer. Link to comment Share on other sites More sharing options...
Lostinpa Posted August 21, 2008 Author Report Share Posted August 21, 2008 Should i send a letter of discovery out for this?And to who or wait till the court date and ask for that.The original agreement between me and the cc and proof that midland owns it? Link to comment Share on other sites More sharing options...
chelseagirl Posted August 21, 2008 Report Share Posted August 21, 2008 If you would like to offer a 50% settlement on this debt....there are many sample letters on this site that you can use. BUT.....if you were sued, you must answer immediately or they can and will get a default judgement against you! 1 Link to comment Share on other sites More sharing options...
Lostinpa Posted August 26, 2008 Author Report Share Posted August 26, 2008 Ok on my summons they have xmidlandxxx as a asignee of emergexxx mastercardxxx.Isnt that a false statment since they bought the debt?I wish i could afford to lump sum payment them but it just isnt gonna happen with the damage i took on my credit report. this is basicly what evidence they sent http://fjdclaims.phila.gov/servlet/com.verilaw.app.phmuni.cms.PhMuniCMSDocketPrinter?DocketID=5364056 Link to comment Share on other sites More sharing options...
jq26 Posted August 26, 2008 Report Share Posted August 26, 2008 You can't link directly into a specific file in the Philadelphia online docket system. It prompts you for a password first which prevents posting links.Regarding your Q, I would think an assignee could sue you for the debt. They assume all legal rights and responsibilities of the assignor. Maybe one of the resident attorneys will chime in. This is probably a pretty basic question for any attorney who litigates. Link to comment Share on other sites More sharing options...
LUEser Posted August 26, 2008 Report Share Posted August 26, 2008 Not an attorney, but here's my general understanding of it.An Assignee can retain an attorney on behalf of the OC. The Plaintiff has to be the OC as the CA has no standing to sue on their own behalf regarding an assigned debt. However, they can work with an attorney forwarding information from the OC. But if it's entered as evidence, you can object if you have solid ground, such as heresay. Which is where discovery comes in. Not sure about the Rules of Civ. Pro. in PA, but usually everywhere small claims court is quite informal. And most of the time pro se litigants don't have to file a written response. Again, not sure of the exact rules of PA, so you should definitely check it out to see if you have to file a written response. If you do nothing else, go to the court on the court date and dispute the debt either in full or in part, or do a blanket denial. i.e. "I don't know for sure that the amount they're asking for is right, or if the debt is mine at all." This will most likely grant you a continuance and force them to prove that it is, which may or may not take much depending on what you did as far as payments and other things regarding it. Look at it this way, even if you don't want to fight it, just going may buy you some time to think about what you want to do. Link to comment Share on other sites More sharing options...
Lostinpa Posted August 26, 2008 Author Report Share Posted August 26, 2008 Didnt know you couldnt link.But i did a search for midlandxxx fundingxxx on phila docket search and out of the 2800ish cases i looked about about 500 of them and 97% of them were default judgments.I am just gonna show and pleade my case and end up paying them a small amount monthly. Could i ask that after i paid them they remove the mark on my credit? Link to comment Share on other sites More sharing options...
LUEser Posted August 26, 2008 Report Share Posted August 26, 2008 Well, the slowpay gives you some leverage. If you do come up with the money to settle in full, then you can dangle it in front of them, and say something like, " You can get it all now if you delete the mark from my credit report, but if you don't want to, then I guess you'll just have to wait until it's paid in full form the monthly payments." Not the best bargaining chip, but it is one. Another thing you may see if they'll do is voluntarily vacate the judgment and that'll remove it from public record and take it off the credit reports. However, you'll probably have to make it worth their while, offer to pay for the filing fee at an inflated rate perhaps? Link to comment Share on other sites More sharing options...
Lostinpa Posted September 2, 2008 Author Report Share Posted September 2, 2008 well went today.Settled for 60$ a month on $5,660,00.So i am gonna pay them a few months then offer them like 1500 to settle it with tradeline deletion.Basicly its like everyone says there just trying to get default judgments.Out of the 40 or so names i was there for most were default no service.For the few people who showed .The lawer asked for a continuance.60 90 the lawer even asked for a 120 day on one ladie. lol the commisoner said we only allow up to 90 days.Thanks all for your advise Link to comment Share on other sites More sharing options...
jestor1776 Posted September 23, 2008 Report Share Posted September 23, 2008 Too bad you didn't dispute the entire debt. You could have walked away owing nothing if you understood, that you REALLY didn't owe them ANYTHING.As they never loaned you anything of value. In fact, it was YOU that provided the funds ( when you signed the cc acceptance form) that created the credit transaction account, from which you used to make purchases. The bank claimed they were loaning you X$$ of depositors, investors money, or so you thought. BUT what really happened, was the bank used your signature as authorization to create a credit transaction account or similar, in the amount of the offer indicated on the acceptance form. However, they DID NOT disclose to you, that they were going to take something from you of value, (ie- the signed acceptance form) which now becomes a security that can be traded /or exchanged for cash or cash equivilant on the open market.And return the dollar amount (value) back to you, and call it a loan or credit from them to you. Bet you didn't know that!! I'd bet if you did, you would have thought twice about making a deal to settle to pay that which you were never obligated to pay in the first instance.If you don't believe what I am saying as the truth, I encourage you to find a copy of the publication "Modern Money Mechanics" published and printed by the Federal Reserve System, on page 6 it describs how banks CREATE money/credit "out of thin air" by the art of fractional reserve banking. you see you/we NEVER pay for anything, we discharge debt. Paying debts would require that we have lawful money ie- gold, silver etc. backed currency. However, Federal Reserve Notes, ARE NOT lawful money, they are legal tender. Two COMPLETELY different things. When was the last time you created something out of thin air??Sorry this message came to late,as I really would have liked to help you! But you a least know now.RegardsFM Link to comment Share on other sites More sharing options...
jq26 Posted September 23, 2008 Report Share Posted September 23, 2008 Lost, disregard the last post. The theory posted is akin to the theory that the US gov't lacks the power to tax. A good issue to raise over a cup of coffee with a friend but NOT a defense when the IRS has charged you with criminal tax evasion. In other words, interesting but totally meritless. If you would have pulled that defense in front of the judge, the judge would have had a good laugh and then whacked you for the entire amount plus costs and fees. Link to comment Share on other sites More sharing options...
Lostinpa Posted November 10, 2008 Author Report Share Posted November 10, 2008 OK so other day i get a email from credit report that something has changed on my report.I check my credit report with trans union and theres a civil judment for this case against me!. I made first payment already on the 8th of october and have my reciept from it.How can they file that when i have the agreement? Link to comment Share on other sites More sharing options...
Lostinpa Posted November 12, 2008 Author Report Share Posted November 12, 2008 Hmm any ideas? Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 12, 2008 Report Share Posted November 12, 2008 It sounds like they had a case and you didnt show up, now you have a judgment.You need to get an attorney. He will probably file an appeal.Rule #1 never trust any collector, collection agency, collection attorney etc....Rule #2 Get everything in writing, if they are not willing to put it in writing, dont do anything until they actually do.If this was my case, I would have called the court to see if this was withdrawn. Since apparently it was not, I would have shown up and had it dismissed. Link to comment Share on other sites More sharing options...
Lostinpa Posted November 12, 2008 Author Report Share Posted November 12, 2008 I did show up and have a copy of the agreement which was to start payments by oct 21st.Made first payment on 8th of oct. made 2nd payment on nov 9th.On my credit report there is the judgment been posted on transunion from the original court date of sept 2nd.the other 2 arent reporting it though. Link to comment Share on other sites More sharing options...
merrybucks Posted November 12, 2008 Report Share Posted November 12, 2008 What exactly did the agreement say? Did you agree to a judgment in the agreement? Link to comment Share on other sites More sharing options...
Lostinpa Posted November 12, 2008 Author Report Share Posted November 12, 2008 Ok i figured it out they wont execute on it guess i was thinking they woldnt post it to my credit report silly me .Now arrow my next case in january sigh Link to comment Share on other sites More sharing options...
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