heli_fixer 10 Posted October 30, 2010 Report Share Posted October 30, 2010 This is an awesome thread. Thank you all for your shared experiences. I don't have to go to court but it is great info in case. Quote Link to post Share on other sites
hopefulscambeater. 44 Posted October 30, 2010 Report Share Posted October 30, 2010 VERY good thread!My wife got served one week ago today, on a debt we've never heard of, for around $600 plus court costs/interest (about $800 total) The "Affidavit" has no legible account number and the "statement" doesn't even have a NAME on it (of anyone much less wife's name) it's hard to believe they could get a default jugment with NO evidence presented of the alleged debt.We filed our answers and AD yesterday in District Court (in KY) She plans to file a motion for Summary Judgment Monday and a Motion to strike the Affidavit and "statement" Monday.I can't believe that Midland can do much business in Ky with the "unjust enrichment" law [KRS 371.050] IF folks would find out the laws AND fight these crooks , beat them at their own game? Quote Link to post Share on other sites
dsicily 10 Posted October 30, 2010 Report Share Posted October 30, 2010 My Friend got a summons from Midlnd through Blatt,Hasenmiller, Liebsker & Moore LLC, she called them and worked out a deal, she was going to pay them money and still let them sue her.she needed to fax a signed agreement to them, it was the last day to file an answer to the summons and those dirty NutterTruckers!! new it, so she came over my house to fax it.I asked where she was faxing to, when I heard it was Midlnd I said no way! You fight them scums!I checkedinto it and The debt was Time barred SOL of course and sold twice. I made her call them just for fun and tell them she changed her mind and she'll see them in court, maaaan if her phone didn't blow up!So the next day I went with her to file her appearance, It was on the last day, It was with joy! we also filed a motion to strike the bogus affidavit and statment. The court rm was packed, she got a return date.I didn't go but it was a female attorney and she tried to bully my friend into a deal but she didn't budge.They went back in the court and my friend told the judge that no contract exists between the OC and Midland and that the Debt is TB and SOL, and how did they come up with the balance and asked for a dismissle.Midlnd asked for a continuance to bring proof and they never showed up in court, It was dissmissed with Prejudice! Now She gets a letter yesterday stating that she owes them money still, she calls them and they said " it doesn't mean a thing that the case was dissmissed, it's on your credit". what is this?Sorry this is so long!Thanks,dsicily Quote Link to post Share on other sites
RebelLady 16 Posted October 30, 2010 Report Share Posted October 30, 2010 CONGRATS, CONGRATS, CONGRATS xdancex Wish we could hear about more people fighting back...JOB WELL DONE!!!RL Quote Link to post Share on other sites
mtnofsun 10 Posted November 12, 2010 Report Share Posted November 12, 2010 Have a second court date with Midland in a week.Need to file a "Motion to strike affidavit."Is there a template for that?Thanks to everyone on here.It has been a big help so far!! Quote Link to post Share on other sites
caseyray 11 Posted November 12, 2010 Report Share Posted November 12, 2010 (edited) See Below Edited November 17, 2010 by caseyray Quote Link to post Share on other sites
mtnofsun 10 Posted November 13, 2010 Report Share Posted November 13, 2010 Thanks for the reply caseyray.But there is no link attached.Still looking for help on "Motion to strike affidavit." Quote Link to post Share on other sites
emode02 10 Posted November 14, 2010 Report Share Posted November 14, 2010 Thanks for the reply caseyray.But there is no link attached.Still looking for help on "Motion to strike affidavit."I'm still looking for it too. Let me know if you find the link. Sort of in the same boat with midland. Quote Link to post Share on other sites
algae 10 Posted November 16, 2010 Report Share Posted November 16, 2010 Thanks for this thread...and thanks to Admin for making it a Sticky. My wife was served by Hanna representing Midland in Georgia, and we've answered the complaint...but, it sounds like we've got a lot more work ahead of us.Algae Quote Link to post Share on other sites
bankrupcyus 10 Posted November 17, 2010 Report Share Posted November 17, 2010 The most common complaint to the Federal Trade Commission (by far) year after year it received 66627 complaints against third-party debt collectors in 2005.. AmeriQuest Recovery Services LLC Amresco Consumer Receivables Corporation Quote Link to post Share on other sites
caseyray 11 Posted November 17, 2010 Report Share Posted November 17, 2010 (edited) 8 STEPS TO CRUSH MIDLAND FUNDING Edited April 19, 2011 by admin Quote Link to post Share on other sites
ontheside5050 10 Posted November 22, 2010 Report Share Posted November 22, 2010 i just got served on the 18th and wife got served on the 20th..on the front page it said.. GREETINGS: You have been sued. WTF! greeting? loli need some help with my WRITTEN ANSWER.. some of the questions they are asking me to admit to i really dont remember or know so what should i answer. 1. defendant requested that chase bank open cc account in defendant. **i guess i did but dont remember cuz it was so long ago**.. so admit or deny?2.based on request, chase opened cc in defendant name.3.chase and defendant entered into an agreement to create a revolving charge agreement for credit4.defendant understood that defendant is required to repay all charges on account.5. defendant received monthly statements for chase showing charges 6. defendant owes sum of $6969.00 as of 7/31/2007. **I really dont remember or know**7. defendant has breached defendant's contract with chase.8. defendant is not a member of military service with orders that would give defendant a right to a delay under the law. **what does this mean?**9. defendant has no defense to this suit, and judgement should be granted.10.defendant is obligated to pay plaintiff reasonable and necessart attorney fee11.plaintiff and chase have applied all just and lawful offsets to the account12. midland is the present owner and holder of the obligation referred to in request number 1 as result of a proper assignment13. if your are represented by an attorney, please admit that your attorney represented to you prior to you hiring that he could cause this action to be dismissed if you hired him. **why are they asking this**14. defendant has no offset, credit, or claim against plaintiff15. defendant consents to the court's jurisdiction16. plaintiff predecessor's conveyed, transferred, assigned rights to the account to the plaintiff.thanks for any help that i can get. Quote Link to post Share on other sites
hopefulscambeater. 44 Posted November 22, 2010 Report Share Posted November 22, 2010 (edited) LOL @ "Greetings you're being sued".....Do not admit anything you do not recall or are not sure of, you'll hand them the win "just like that", the burden of proof is fully upon them, all you need do is rebut their claims with facts, they don't like that LOLHow long do you have to answer?You "might" want to research the Texas Debt Collection Act as it offers pretty good consumer protections even when compared to FDCPA Also in particularTEX. FIN. CODE § 392.001 DEFINITIONSTEX. FIN. CODE § 392.001(3)TEXAS DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION ACT (“DTPA”), TEX. BUS. & COM. CODE § 17.41, et seq. Edited November 22, 2010 by hopefulscambeater. Quote Link to post Share on other sites
ontheside5050 10 Posted November 22, 2010 Report Share Posted November 22, 2010 i got 15 days left to reply. guess ill deny everything lol Quote Link to post Share on other sites
hopefulscambeater. 44 Posted November 22, 2010 Report Share Posted November 22, 2010 That is "only the beginning" of what you'll need to do... Quote Link to post Share on other sites
ontheside5050 10 Posted November 23, 2010 Report Share Posted November 23, 2010 what happen after the written answer is mail in Quote Link to post Share on other sites
hopefulscambeater. 44 Posted November 23, 2010 Report Share Posted November 23, 2010 Well, that varies to some extent from state to state , but is largely defendant on how well you did on drafting your answers and Affirmative Defenses, and if you had counterclaim how well you drafted those IMO . The good news is JDB (Like Midland) depend on your not answering and mounting a solid defense, a good start would be reading this thread and the one Casey posted Quote Link to post Share on other sites
ontheside5050 10 Posted November 24, 2010 Report Share Posted November 24, 2010 is there anybody here i can pay to do my answer and stuff? Quote Link to post Share on other sites
nobk4me 395 Posted November 24, 2010 Report Share Posted November 24, 2010 is there anybody here i can pay to do my answer and stuff?Only an attorney licensed to practice law in your state can be paid to draft pleadings.There are plenty of examples here for you to copy, if you are going pro se. Quote Link to post Share on other sites
momoneymoproblems 10 Posted December 5, 2010 Report Share Posted December 5, 2010 Hi,I am currently in the process of going to court with midland funding. I submitted a production of documents just as you had stated and the Plantiff (midland funding) objected to answering questions 1-13 because it didn't conform to the missouri rules of civil procedure.Nevertheless they did attach the same thing you talked about with the account number and named attached. I'm banking that there are no other documents available. Is there anyway that i can resubmit or file another document? Quote Link to post Share on other sites
mrmaybach 10 Posted December 21, 2010 Report Share Posted December 21, 2010 (edited) This is great. I went to court to have a judgement vacated after I had filed a motion to vacate after an scumbag lawyer for Fia card services got this default judgement saying he did not get my interogs on time after he filed a motion to compel and this judge gave only 5 days to answer. I fought hard in court and kept asking the judge for my right to a trial as was scheduled before this lawyer got this default judgement. I kept asking the judge for my right of due process. The scumbag lawyer kept telling the judge I had no defense. I also explained that the lawyer had gotten 2 cont's . I have show up at every hearing requested.1st was for mediation where I requested a trial. I also did not go along with the pack to just let this lawyer roll over me.The lawyer got very upset with me for pleading my case and I kept asking in a very polite way for a trial. The judge granted the motion to vacate and scheduled a trial. This scumbag lawyers just keep trying every way to get these judgements without Pro Se having a chance to have them prove their case. Edited December 21, 2010 by mrmaybach spelling Quote Link to post Share on other sites
donhustle 10 Posted January 5, 2011 Report Share Posted January 5, 2011 I will finally get to see the judge tomorrow!!My last appearance ,the lawyer or paralegaltried to say my answers to discovery were late.I replied that the plaintiff had no original contract or anything with my signature.So the the judge scheduled a trial ,so I will update when I return. Quote Link to post Share on other sites
brjmhome6 35 Posted January 27, 2011 Author Report Share Posted January 27, 2011 Wow, I never expected my little thread to become such a breathing beast Lawyers are sure scumbags my friends and they will try anything to get their way. 3/4 of their job is pure scumbag tactics and 1/4 is actual law...always remember that. I think I may have to pickup a participation in this thread again. Seems like fun Quote Link to post Share on other sites
GDayMateAZ 116 Posted February 4, 2011 Report Share Posted February 4, 2011 (edited) Wow, I never expected my little thread to become such a breathing beast Lawyers are sure scumbags my friends and they will try anything to get their way. 3/4 of their job is pure scumbag tactics and 1/4 is actual law...always remember that. I think I may have to pickup a participation in this thread again. Seems like fun @brjmhome6 !Your Little Thread was a lifesaver for me !!!I found it and this Awesome CIC Board couple months (May-June 2010) before Midland filed the lawsuit against me.Thank you a lot !!!http://www.creditinfocenter.com/forums/showthread.php?t=304222 Edited April 19, 2011 by admin updated link Quote Link to post Share on other sites
donhustle 10 Posted February 21, 2011 Report Share Posted February 21, 2011 I will finally get to see the judge tomorrow!!My last appearance ,the lawyer or paralegaltried to say my answers to discovery were late.I replied that the plaintiff had no original contract or anything with my signature.So the the judge scheduled a trial ,so I will update when I return.Went to court finally,and the buzzard attorneys dismissed the case!!! Quote Link to post Share on other sites