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Start To Finish Winning Against Midland Funding Aka Jdb!

229 posts in this topic

Your template requesting Discovery from the Plaintiff and I'll be set. I'm so looking forward to it...

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In Federal Court all pleadings can be found online.

Link Here: https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx

Set up an account at the Pacer Website and look at what has been done in your jurisdiction. Anyone can have a Pacer Account. You do not have to be an attorney. Do not loose your password. It will only be sent by mail, ugh. Put it in a safe place.

You will find U.S. District Courts and Bankruptcy Courts here.

Downside is that there is a charge of ten cents a page.

Upside ... a lawyer costs a lot more than that.

There is a Plantiff Defendant Index.

Just type in the Plaintiff's name and look for pleadings. You don't pay the ten cents until you look at the actual pleading. You can review the docket for free. By looking at the disposition of the case and the nature of the pleadings at the online docket (which is a listing of electronic pleadings filed) you will get a pretty good idea of who was successful

Type in Experian ... or any of the Credit Reporting Agencies. Always look at the Motions for Summary Judgment. This will give you a good view of what's hot in these cases.

You will get a pretty good idea of which JDB has had the table turned on them with a Counterclaim or Motion for Sanction. How the Business REcord Affidavit was filed and the Motion for SUmmary Judgment should be full of legal precedent for your jurisdiction. You will probably find the very pleadings you might need and can observe successful challenges in your jurisdiction.

You do not have to reinvent the wheel.8-)

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Please don't forget that if you plan to ask for counterclaims, that should be stated in your answer as well. I unfortunately didn't pursue counterclaims so I don't have a ready made template but I'll look into it further & post an answer w/counterclaims template when I locate one worthwhile.

Also, it is just a template so you need to check all of the affirmative defenses available to you by checking out your states RCP & you make sure that you utilize each and every one that applies to your situation....SOL is a big one for many people out there which didn't apply to me.

I did the same thing and did not file a counter claim when I filed my answer. Can I still counter sue? I would assume that since they only have an affidavit that I am objecting to and the SOL is over, that I have 2 violations there.

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I believe state's rules allow you to amend your answer to include counterclaims within a certain amount of time usually. You'll have to check your states rules to determine if you are still within the time allowed to amend your answer to add your counterclaims.

Do some research here & i'm sure you'll find the info you're looking for on counterclaims. I'd imagine you could at least have a counterclaim for 1 FCRA violation for knowingly reporting fraudulent information to the CRA's (Remember they 99% of the time can't prove their case which by default would make your counterclaim fact) & I believe you can countersue for "reasonable attorney's fees" as the court deems necessary. Again, I am a newbie at this so these are just brainstorm ideas that require research before implementing.

I love brainstorming :)

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In most states you CANNOT sue for attorney's fees for representing yourself UNLESS you are a licensed attorney. You file a Motion for Sanctions.

GUESSING IS NOT BRAINSTORMING AND IS COUNTERPRODUCTIVE AND DANGEROUS. DO YOUR HOMEWORK. KNOW THE LAW DO NOT LOOK LIKE AN IDIOT. LEAVE THAT TO THEM. COPY THE LAW AS RELEVANT TO YOUR CASE AND TAKE IT TO COURT WITH YOU.

If your case has not been heard you may amend your answer to include:

1. Motion for Sanctions

2. Counterclaim

Most jurisdictions require that this be done within thirty days of the date the court will hear the cause of action.

File your discovery WITH your counterclaim. This is so important.

1. Request for Disclosure

2. Interrogatories

3. Request for Admissions

4. Request for Production of Documents

These are governed by the Discovery Section of your State's Rules of Civil Procedure.

Also check to see if the Court in which you are filing has their own local rules.

If you suit has been resolved you are too late for your Motion for Sanctions but you can file a separate suit for what you should have included in your counterclaim. However, now with a new suit you will have to pay filing fees and have your suit served on their Registered Agent for Service of Process which you can typically find through the Secretary of State.

Save your self tons of heartache and expense -- File a COUNTERCLAIM and a Motion for Sanctions (goverened by the Rules of Civil Procedure) with your answer. If you must file it separately within your lawsuit or file it with your answer.

Also file all AFFIRMATIVE DEFENSES WITH YOUR ANSWER. If you do NOT claim your affirmative defenses in your anwser you may NOT introduce them during trail. It is TOO LATE.

What is an AFFIRMATIVE DEFENSE that might be relevant. Look in your State's Rules of Civil Procedure under AFFIRMATIVE DEFENSES.

SO WHAT DOES YOUR ANSWER DO?

It keeps your case alive and puts you in court.

It says you are not rolling over and playing dead.

If you do not file an answer a Default Judgment may be taken against you.

It allows you to deny the Plaintiff's case against you.

It allows you to file a counterclaim.

It allows you to file a Motion for Sanctions.

It allows you to file Discovery.

It allows you to file AFFIRMATIVE DEFENSES and if you do not file them YOU WAIVE THEM. AND THERE ARE SEVERAL YOU WILL NEED. SEE MY NEXT POST.

YOUR ANSWER DOES NOT EXCLUDE THE BUSINESS RECORD AFFIDAVIT FROM EVIDENCE. The affidavit is probably correct as far as it goes. The point is it does not go far enough. This must be excluded with a written Motion to Strike or an oral hearsay objection. See my previous posting on Motion to Strike. And note: Motions must be filed within a certain time frame which is different in Federal Court than it is in State Court. Read your Rules of Civil Procedure on Motions.

See next post for Affirmative Defenses which MUSt be plead in your answer at least in Texas.:)++

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Affirmative defenses are claims by one party that defeat a cause of action or claim established by another party. Cook Composites Inc. v. Westlake Styrene Corp., 15 S.W.3d 124 (Tex. App.- Houston [14th Dist.] 2000, pet dism’d). Affirmative defenses operate to limit or excuse or avoid a party’s liability and/or limit the amount of another party’s damages for which the party is responsible, even if the factual allegations of the other party’s claims are admitted or proven. To assert an affirmative defense to another party’s claim in a lawsuit, the party must plead or describe the facts that constitute the defense.

1. Accord and satisfaction; WHICH MEANS I PAID THE DAMN THING YOU IDIOT.

2. Collateral estoppel; WHICH MEANS YOU TOOK BACK PROPERTY WHICH WAS WORTH MORE THAN THE DEBT.

3. Discharge in bankruptcy; WHICH MEANS THIS HAS BEEN SETTLED IN THE BANKRUPTCY COURT YOU IDIOT.

4. Duress; WHICH MEANS I PAID YOU WHEN YOU HELD A GUN TO MY HEAD, MY DOG'S HEAD, MY EX-WIFE'S HEAD

5. Equitable Estoppel; WHICH MEANS THIS IS NOT FAIR BECAUSE YOU TOOK MY HOUSE WHICH WAS WORTH MORE THAN THE DEBT.

6. Failure of consideration; WHICH MEANS THE PIECE OF **** YOUR SOLD ME BROKE BEFORE I GOT OUT OF THE DAMN STORE.

7. Failure to mitigate damages; WHICH MEANS YOU COULD HAVE SOLD THE PIECE OF **** CAR TO SOMEONE ELSE BUT YOU JUST SAT ON IT AND SUED ME INSTEAD.

8. Failure to satisfy a condition precedent; WILL NEVER COME UP

9. lllegality; A MINOR COULD USE THIS

10. Judicial estoppel; THE COURT HAS RULED ON THIS

11. Laches; MOSTOF THESE WILL NEVER COME UP

12. Mistake;

13. Novation;

14. Proportionate Responsibility;

15. Quasi-estoppel;

16. Ratification;

17. Release;

18. Setoff and recoupment;

19. Statute of frauds; SEE BELOW

20. Statute of limitations; SEE BELOW

21. Waiver.

____________________________________________________

1. ACCORD AND SATISFACTION

The accord and satisfaction defense rests upon a contract, express or implied, in which the parties agree to the discharge of an existing obligation by means of a lesser payment tendered and accepted. Jenkins v. Henry C. Beck Co., 449 S.W.2d 454, 455 (Tex.1969).

The elements of accord and satisfaction are

(1) An express or implied new contract to discharge an existing obligation with something different from what the parties contemplated in the original contract, and

(2) the new contract was performed.

Jenkins v. Henry C. Beck Co., 449 S.W.2d 454, 455 (Tex.1969).

“Accord and satisfaction” is a well recognized legal method of discharging any kind of a contract or cause of action, where the parties agree to give and accept something in settlement of the claim or demand of one party against the other party, and the parties perform such agreement. The “accord” is the agreement to discharge or settle the contract or cause of action, and the “satisfaction” is the execution or performance of the accord. Slaughter v. Temple Lumber Co., 307 S.W.2d 108, 115 (Tex.Civ.App.--Houston 1957, writ ref'd n.r.e.).

For a dispute over a liquidated claim to constitute the basis for an accord and satisfaction, the dispute must be bona fide and not a mere denial of liability simulated for the purpose of forcing a settlement or escaping liability in whole or in part. Buford v. Inge Const. Co., 279 S.W. 513, 515 (Dallas Tex.Civ.App., 1925, no writ hist.).

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8-)This might be a very good one if they cannot produce the original contract signed by you. Some of these companies are producing a general agreement used in the general time frame the account was opened but not the ORIGINAL CONTRACT.

Plead the Statute of Frauds and you are saying okay, they say breached a written contract. Where the hell is this written contract? To be enfoceable this contract must be in writing and signed by ME. Now where is it?

STATUTE OF FRAUDS

To be enforceable, a promise or agreement must be (1) in writing and (2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized, if the promise or agreement is one of the following:

(1) a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;

(2) a promise by one person to answer for the debt, default, or miscarriage of another person;

(3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation;

(4) a contract for the sale of real estate;

(5) a lease of real estate for a term longer than one year;

(6) an agreement which is not to be performed within one year from the date of making the agreement;

(7) a promise or agreement to pay a commission for the sale or purchase of:

(A) an oil or gas mining lease;

(B) an oil or gas royalty;

© minerals; or

(D) a mineral interest; and

(8) an agreement, promise, contract, or warranty of cure relating to medical care or results thereof made by a physician or health care provider as defined in Section 74.001, Civil Practice and Remedies Code. This section shall not apply to pharmacists.

Tex.Bus.&Com.Code § 26.01

When, either because of the agreement's terms or the nature of the required acts, the agreement cannot be performed within one year, the statute of frauds applies and renders any non-complying agreement unenforceable. Niday v. Niday, 643 S.W.2d 919, 920 (Tex.1982). Where parties enter into a contract without explicitly mentioning a time for performance, courts must determine whether the parties intended to complete the contract within a year. Hall v. Hall, 158 Tex. 95, 308 S.W.2d 12, 16 (1957). In making this determination, we frame our inquiry in terms of what is a “reasonable time” to complete performance of the contract measured in days or years “in light of the circumstances before [the parties] at the date of the contract.” Id.

The statute of frauds does not apply when the parties do not fix the time of performance and the agreement itself does not indicate that it cannot be performed within one year. Niday v. Niday, 643 S.W.2d 919, 920 (Tex.1982).

THE TIME LIMITATION HAS RUN IS AN AFFIRMATIVE DEFENSE

20. STATUTE OF LIMITATIONS

Each cause of action has a period within which a plaintiff must file a suit on a particular cause of action. This is called the limitation period for the cause of action. Chapter 16, Tex. Civ. Prac.& Rem. Code, establishes the limitation period, for each cause of action of type of cause of action in Texas. A cause of action is barred if not filed within the limitation period of the statute of limitation applicable to the particular cause of action.

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Thank you, thank you - you are a lifesaver. I don't know what will come of my hearing, I got officially served this morning, and will diligently do my homework with your help.

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If you just got served this morning & you already made it here, I'd say you're ahead of the game :)

Go on & file your answer & request discovery @ the same time. I'm sure opposing counsel will not be so smug with you as the other 90 defendants they'll be conning into default judgments on that day in court.

Best of luck on your case & keep us posted on your progress!

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Look at the answers filed by a firm like Jones Day that represents Experian. Go to the Pacer website and set up an account. They plead every damn affirmative defense whether it makes sense of not.

Look at what the big boys do in Federal Court and copy them.

Type in Midland and see how the pros are handling this. Maybe start with Texas Northern District since they are a Texas Corp.

Be a Pro -- you can and you can actually do a better job than they are doing.

USE PACER. IT IS YOUR FRIEND. IT IS FOOLISH, FOOLISH, FOOLISH NOT TO LOOK AT THE PLEADINGS THAT SERIOUS ATTORNEYS USE.

I would:

File an answer with every affirmative defense listed.

Now, in Federal Court you will NOT find Request for Disclosure. That is automoatic in Federal Court but many states have them.

On Pacer and in Federal Court you will find:

Interrogatories

Request for Production

Request for Admission

If you state has Request for Disclosure you will find that in the Rules of Civil Procedure but you will not find a sample on Pacer which is for Federal Courts since Federal Courts to not use them.

File a Motion for Summary Judgment == that will blow their mind. You will find some very good ones on Pacer.

If they have filed a Business Record Affidavit in their Original Petition file a Motion to Strike the Business Record Affidavit. (Governed by the rules of evidence for business record affidavit and rules of civil procedure for the contents of an affidavit. USE BOTH Rules of Evidence and Rules of Procedure.)

File a Motion in Limine --- use a standard one and then add Limine instrutions for the Business Record or whatever you want to keep out.

DO NOT FORGET TO CHECK THE LOCAL RULES OF PROCEDURE FOR WHATEVER COURT YOU ARE IN. THIS MAKES A BIG DIFFERENCE. YOU HAVE YOUR STATE RULES OF PROCEDURE BUT MANY, MANY COURTS HAVE THEIR OWN RULES. They are typically on line.

If the Court likes to have a scheduling conference by all means set one! Ask for scheduling. Which means deadlines by which certain things must be done. You do not want surprises. You want them to comply with a tight schedule and deadlines.

Now ... do not expect the court to automatically set your Motions for hearing. YOU MUST DO THAT. I KNOW ONE PRO SE WHO WAITED TWO YEARS AND WONDERED WHY THE MOTIONS WERE NEVER SET.

WITH EACH MOTION FILE AN ORDER SETTING HEARING. There are samples on Pacer. This is crucial.

Use self addressed stamped envelopes to have stamp filed copies returned to you. Have a cover letter which explains to the District Clerk that you want your pleadings filed, your Motion Set, and stamped filed copies returned.

There is a small fee to file Motions. Usually $15.00. Call your District Clerk and ask what the fee is.

Include that in your letter to the clerk to file the motion, return a stamp filed copy and have it set and return the Order Setting hearing. So you will need two SASE -- one for the stamped filed copies and one for the Order Setting Hearing. If you do not get the Order Setting Hearing back in two weeks: CALL.

If you have combined motions == you will only pay one fee and you CAN COMBINE YOUR MOTIONS.

If they do not answer your discovery or do a second rate job of answering it?

MOTION TO COMPEL. AND THE BEAUTIFUL MOTION TO DISMISS (WITH SANCTIONS).

There will be some excellent examples on Pacer. Be sure to include a request for Sanctions for not answering or producing in accord with the law as state in your Discovery Section of your State Rules of Civil Procedure.

MOTION TO DEEM ADMITTED, TO COMPEL, TO DISMISS, TO STRIKE BUSINESS RECORD AFFIDAVIT AND FOR SANCTIONS

For failure to answer Requests for Admissions ... Motion to Deem Admitted.

For evasive answers to Interrogatories ... file Motion to Compel with Sanctions and explain how they are being evasive for each one.

For Request for Production Motion to Dismiss if what they need to produce is the heart and soul of the case like your original contract with original creditor.

You will probably have to do this. Get ready for it. Be aggressive have the hearing set as quickly as possible.

File a Motion for Sanctions for filing a case with no damn prooof. Your State Rules of Civil Procedure will have one Rule on Sanctions. Quote and apply to your situation.

Cannot get attorney's fees if not an atty but can get sanctions.

YOU DO NOT WANT YOUR MOTIONS SET ON THE SAME DAY AS YOUR HEARING. YOU WANT THEM SET IN ADVANCE. MAKE THE ATTORNEY SHOW UP, SIT THROUGH A MOTION MORNING ... THERE WILL BE TWENTY SET .... MAKE THEM EARN THEIR DAMN MONEY.

ALSO LETS YOU GET READY BASED ON WHAT YOU GET AT THE MOTION HEARING.

REPEAT -- DO NOT HAVE YOUR MOTIONS SET ON THE SAME DAY AS YOUR FINAL HEARING. BIG - BIG DEAL. THIS IS JUST A WAY TO SCREW YOU. (yet another.)

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This is problematic for me. You will probably end up with a Motion to Compel by Midland filed against you.

Records you can obtain from a third party -- to which YOU are legally entitled must be obtained from that third party and you MUST MAKE A GOOD FAITH EFFORT TO OBTAIN THEM OR DENY THE ORIGINAL CONTRACT EXISTED.

ALL THOSE GOOD SANCTIONS YOU WANT TO USE AGAINST MIDLAND ... BE VERY, VERY CAREFUL. THIS IS NOT A GAME. THEY CAN BE TURNED AGAINST YOU.

MIDLAND CAN GET ATTORNEYS FEES. THEY ARE ATTORNEYS.

If you can write the original creditor and ask for the records ... and show the court you did this but no response ... you will be in good shape.

If anyone has a better way to handle this let me know.

Of course, if there is an issue with the original account and it was not yours ... or there is accord and satisfaction ... or the Statute of Limitations has run on the Original Debt ... then Object to their Request Production which is probably supported by interrogatories.

This is not abusive on their part. They are fully entitled to take this course of action and the judge will probably back them up.

At this point you MUST OBJECT TO THEIR DISCOVERY WITH SOME LEGITIMATE OBJECTION OR RESPOND AND PRODUCE.

Also, amend your answer to include affirmative defenses as state above.

I WOULD LOVE TO HEAR WHAT ANYONE HAS TO SAY ON HOW TO HANDLE THIS LITTLE WRINKLE.

Because you are not just required to produce what is in your possession but what is in someone else's possession to which you entitled.

THIS IS NOT A WALK IN THE PARK. THIS IS NOT GIN RUMMY. THIS IS COURT. THIS IS REAL AND THESE GUYS CAN TURN THE TABLE ON YOU.

A few posts ago you were thinking you could get attorneys fees ... YOU REALLY NEED TO KNOW WHAT YOU ARE DOING HERE.

BE VERY CAREFUL IN RESPONDING TO THEIR PLEADINGS. This could be a huge trap for the unwary.

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There is one old trick when it comes to records in the possession of another to which you are entitled:

Provide a release authorizing them to get the records. This gives both of you equal access and when that happens ... they have to get them.

Put a compliance/expiration date on the release of about one month.

Obviously, this has intrinsic dangers. Attach the release to your response for their discovery.

Good luck.

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Pacer will have all Motions.

You might want to use your State as the source for Interrogatories because each state has their own unique issues with regard to all Discovery.

The only thing we use in Texas that Federal Court does not use is a form of Discovery called Request for Disclosure. These items of Disclosure are presumed in Federal Court. Request for Disclosure asks some basic questions typically found in the interrogatories. Try to look at your State Interrogatories.

Motion to Compel is pretty basic. See if you can find a Credit Bureau or a Credit Reporting Agency as a defendant.

The reason I suggest Pacer is because it is online, it is easy and there is a good Plaintiff/Defendant index and you will find all the major credit Bureaus being sued in virtually every federal jurisdiction in the United States.

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Allright I have request for documents and the answer ready to go. Fingers crossed all goes well in court.

I will keep you up to date and come back for phase two. Thanks again to everyone for the help.

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JURISDICTION AND VENUE

USE ONLY IF YOU ARE IN FEDERAL COURT ... OTHERWISE USE YOUR STATE JURISDICTION IDENTIFICATION 1. In response to Paragraph 1 of the Complaint, DEFENDANT admits that Plaintiff has claimed federal jurisdiction pursuant to 15 U.S.C. § 1681(p) and under 28 U.S.C. § 1331. As to the remaining allegations in Paragraph 1, DEFENDANT denies each and every allegation contained therein.

2. In response to Paragraph 2 of the Complaint, DEFENDANT admits that Plaintiff has properly claimed that venue lies in the xxx Division. DEFENDANT

also admits it is qualified to do business in the . DEFENDANT states that

these are a legal conclusions, not subject to denial or admission.

JURY DEMAND

3. Defendant has demanded a jury trial and paid a jury fee.

PARTIES

FACTUAL ALLEGATIONS

6. In response to Paragraph 6 of the Complaint, DEFENDANT does not have knowledge or information sufficient to form a belief as to the truth of these allegations and, on that basis, denies each and every allegation contained therein. REPEAT

STATEMENT OF CLAIM AGAINST DEFENDANT

16. In response to Paragraph 16 of the Complaint, DEFENDANT denies each and every allegation contained therein.

17. In response to Paragraph 17 of the Complaint, denies each and every allegation contained therein.

18. In response to Paragraph 18 of the Complaint, denies each and every allegation contained therein.

AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE

(Failure to State a Cause of Action)

Neither Plaintiff’s Complaint nor any purported cause of action asserted therein states facts sufficient to constitute a cause of action against DEFENDANT , and further fails to allege facts sufficient to entitle Plaintiff to the relief sought, or to any relief whatsoever, from DEFENDANT .

SECOND AFFIRMATIVE DEFENSE

(Truth/Accuracy of Information)

DEFENDANT is informed and believes, and thereon alleges, that Plaintiff’s claims against DEFENDANT are barred, in whole or in part, because all information DEFENDANT communicated to any third person regarding Plaintiff was true.

THIRD AFFIRMATIVE DEFENSE

(Indemnification)

DEFENDANT is informed and believes, and thereon alleges, that any purported damages allegedly suffered by Plaintiff is the result of the acts or omissions of third persons over whom DEFENDANT had neither control nor responsibility.

FOURTH AFFIRMATIVE DEFENSE

(Failure to Mitigate Damages)

Plaintiff has failed to mitigate his alleged damages and/or injury, if any.

FIFTH AFFIRMATIVE DEFENSE

(Contributory/Comparative Fault)

DEFENDANT is informed and believes, and thereon alleges, that any alleged damages sustained by Plaintiff was, at least in part, caused by actions of Plaintiff and/or third parties, and resulted from Plaintiff’s or third parties’ own negligence, which equaled or exceeded any alleged negligence or wrongdoing by DEFENDANT .

SIXTH AFFIRMATIVE DEFENSE

(Laches)

Plaintiff’s claims are barred, in whole or in part, by the doctrine of laches.

SEVENTH AFFIRMATIVE DEFENSE

(Estoppel)

Plaintiff’s claims are barred, in whole or in part, by the doctrine of equitable estoppel.

EIGHTH AFFIRMATIVE DEFENSE

(Waiver)

Plaintiff’s claims are barred, in whole or in part, by the doctrine of waiver.

NINTH AFFIRMATIVE DEFENSE

(Independent Intervening Cause)

DEFENDANT alleges upon information and belief that if Plaintiff sustained any of the injuries alleged in the Complaint, there was an intervening, superseding cause and/or causes leading to such alleged injuries and, as such, any action on the part of DEFENDANT was not a proximate cause of the alleged injuries.

TENTH AFFIRMATIVE DEFENSE

(Other Defenses Incorporated by Reference)

DEFENDANT hereby adopts and incorporates by this reference any and all other affirmative defenses asserted or to be asserted by any other Defendants in this proceeding.

ELEVENTH AFFIRMATIVE DEFENSE

(Improper Request for Punitive Damages)

Plaintiff’s Complaint does not allege facts sufficient to rise to the level of conduct required to recover punitive damages, and thus all requests for punitive damages are improper.

TWELFTH AFFIRMATIVE DEFENSE

(Statute of Limitations)

Plaintiff’s claims are barred, in whole or in part, by the applicable statutes of limitation.

THIRTEENTH AFFIRMATIVE DEFENSE

(Right to Assert Additional Defenses)

DEFENDANT hereby gives notice that it intends to rely on any additional affirmative defenses that become available or apparent through discovery and/or the factual development in this case or otherwise, and thus reserves the right to amend its answer to assert such additional defenses.

WHEREFORE, DEFENDANT prays for the entry of judgment in its favor and against Plaintiff as follows:

1. That this action be dismissed in its entirety and with prejudice;

2. That Plaintiff takes nothing by way of the Complaint;

3. For such other relief as this Court deems just and proper.

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There is incredible information both in this thread and on the forum in general that allowed me to get notice from the lawyer representing Midland Monday, and from the court today, that my case was dismissed by Midland without prejudice (I know, with prejudice would have been better). The key to my case was in answering the discovery request from Midland's lawyers. Their cover letter sent with the discovery request stated that I could request an electronic copy of the discovery request. I sent an email to the lawyer requesting the electronic copy, and in that email notified him that I would be sending my discovery request via email. The lawyer then voluntarily dismissed the lawsuit.

I think that companies like Midland have a cost-benefit calculation they use, and if the costs are going to outweigh the likelihood of getting a judgment, they will fold.

This is even more true for small debts (mine was just over $600). YMMV.

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I had to register and thank each and everyone of you that shared your experiences and technique. I had never heard of Midland Funding until I received a letter in the mail from local counsel offering to represent me in a bankruptcy. They stated that I was being sued and included a case number. I went to the court docket of the court of common pleas and saw my name listed. Turns out Midland was suing me on behalf of Capital One. I have never had an account with Capital One. At this point I'm pulling copies of my credit report and see that Midland had made an inquiry on 1 of the 3. Capital One has never shown up on my credit report. Once before TRU had listed a debt to me that was not mine so, I was thinking this had to be the case. Anyway, I did not attend the default hearing. I received certified mail notices but I never retrieved them. Finally one came by regular mail. Next I received Midland's request that I "Answer". At this point I knew this was real. So, they pretty much asked the usual questions that have been listed here. I filed my answer three days later and was then sent notification of a case management conference. I was early. The Javitch representative was late. She showed up and actually appeared shocked that I actually had the audacity to show up. She blurted out erroneously that I had not filed my answer in due time. I corrected her on this and then she replies "oh, I'm sorry".

So, we were giving deadlines to file our discovery requests. I was asked for name, place of employment, phone number, address, why i hadn't paid, admit that i had obtained credit from Capital One, admit that I was a horrible person for not taking responsibility. I responded truthfully to every interrogatory. I then drafted my own and asked for proof of the debt, credit agreements showing my signature, permission to view my credit report, statement and invoices that had been sent to me from Capital One, proof that they had legal authority to collect on behalf of Capital One etc. I sent both Certified Return Receipt on May 20. Well on May 28 Atty Jennifer filed for a motion to dismiss without prejudice. I'm not concerned with it being without or with because I'll do the same thing again.

I would like to give thanks to all of you that have contributed to this forum helping the uninformed stand up for themselves when it comes to junk debt buyers like Midland Funding LLC.

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Congrats Trianna007 yeah I guess they need to find some more bogus info or they'll just pass your debt on to the next slimball collector:-)

But this time your prepared and thats a good thing but wow oh wow there are so many more cases they win because of defaults I hope more people

visit this site and learn that they can fight and win.

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Congrats Trianna007 yeah I guess they need to find some more bogus info or they'll just pass your debt on to the next slimball collector:-)

But this time your prepared and thats a good thing but wow oh wow there are so many more cases they win because of defaults I hope more people

visit this site and learn that they can fight and win.

We are more powerful than we realize. If people would just do a little research. I typed in midland funding and voila! I was lead here. You have to want to defend yourself. I'm just glad that you all are here and sharing knowledge.

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Thanks for taking the time - this is so cool

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