brjmhome6

Start To Finish Winning Against Midland Funding Aka Jdb!

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Hello,

I just wanted to let you know that I won my case against Midland back in January of this year. I followed the instructions here, and read the rules of Civil Procedure for my state and I won!

Now Midland has sent me a bill for the same debt again! What should I do now? Should I send them a copy of my judgment against them or should I make them validate the debt?

Thanks!

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Hello,

I just wanted to let you know that I won my case against Midland back in January of this year. I followed the instructions here, and read the rules of Civil Procedure for my state and I won!

Now Midland has sent me a bill for the same debt again! What should I do now? Should I send them a copy of my judgment against them or should I make them validate the debt?

Thanks!

Keep in mind that winning against them in court doesn't mean they can't try to collect on the debt. They just can't take you to court anymore. And if they threaten to take you to court, then you can sue them for sanctions. But, technically, there's nothing preventing them from sending you a bill and hoping you'll pay it, even if they can't do anything through the legal system to make you pay it. That's my understanding, anyway.

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the ohio federal judge put a hold on all other class actions and preliminarily approved a settement of 5.2 million on march 11, 2011

http://oh.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20110311_0000343.NOH.htm/qx

For the purpose of this order, "Class" and "Class Members" refer to: All natural persons

(a) sued in the name of Encore Capital Group, Inc., Midland Funding LLC, Midland Credit Management, Inc., or any other Encore and/or Midland-related entity (collectively, "Midland"),

(B) between January 1, 2005 and the date the Order of Preliminary Approval of Class Action Settlement is entered by the Court,

© in any debt collection lawsuit in any court

(d) where an affidavit attesting to facts about the underlying debt was used by Midland in connection with the debt collection lawsuit.

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Thank you very much Redlinehome. I just got this documents "Plaintiff's Motion of Filling Business Record Affidavit" and I am going to use your reply here against them. This is the best forum i have ever come across with smart people helping each other.

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Hi I would like to thank all of you for your advice with fighting these (insert choice word here). They are suing my husband for Bank of America. We should up in court without being served yet and the lawyer was floored. He was even more shocked when I handed him a Cease and Dissist, Debt Verification, and a Debt Discloser. He told me not to trust anything on the internet and it would be in my best interest to settle. I laughed and said we aren't discussing this debt with you as we don't owe you money.

We got served at court and it's continued to June (in writing so they can't go behind our back). Now he has sent us a general objection to defendants request for production. He wants everything sent in cdrom. So I guess my question is what do we do next? Should was ask for discovery now or wait until we ask for a trial? I know this guy is just waiting for us to step on inch out of line so he can default us. Any help would be great! Thanks!

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Regarding the use of the following admit/deny answer to a request for production of documents at the beginning of this post....

1) Defendant is unaware of any such documents and therefore cannot produce said documents.

Don't think this can be used in MI if they specifically refer to MCR 2.312(B)(3) which says that I may not give lack of information or knowledge as a reason for failure to admit or deny unless i have made reasonable inquiry.

They cited this in mine. I guess I need some fancier wording which I am trying to locate.

Any specific suggestions welcome.

Found answer:

Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request

Edited by skyshopper

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Amazing post!! How would one know if the defenses you used in your response to the summons and complaint are valid in their state? ie is someone from Michigan capable of simply presenting defenses under their responses to the counts brought against them?

Fabulous info:)

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I'm not familiar with Michigan civil procedure but I know here in Missouri, I covered all of the necessary responses in my answer. If in your answer, you deny all of the allegations of the complaint, do you still have to file a motion to strike the plaintiff's affidavit as hearsay?

For example, would my answer that I filed I Missouri have been sufficient if this case was in Michigan or would my failure to include a motion to strike the affidavit as hearsay have caused me to lose the case by default admission?

I guess I assumed if I denied all the allegations in the Plaintiff's complaint in my answer that it would cover the affidavit as well...

This is a very interesting topic that deserves some discussion.

Was anything mentioned on this subject? How would one go about a sworn denial of an affidavit? What would that documentation look like? Thank you!!

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This thread gave me hope! I won at trial against Midland Yesterday WITH Prejudice! The affidavit was thrown out!

Thanks for sharing your journey!!!

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This thread gave me hope! I won at trial against Midland Yesterday WITH Prejudice! The affidavit was thrown out!

Thanks for sharing your journey!!!

I hope the same happens for me!

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@brjmhome6

I read where you said to send copies of all documents to the Plaintiff, keep one for yourself, and file them with the court. Do I send copies to the Plaintiff before or after I file them with the court? In other words, do I send Plaintiff a copy stamped "Filed..." so they know it has been filed with the court?

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Hi.

Ive been reading all posts here and Im writing hoping to find an answer for my question.

We received a complaint from Midland Funding but we didnt respond in the 30 days...the 30 days are way due...can someone please tell me what is that mean?

Thank you!

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Hi.

Ive been reading all posts here and Im writing hoping to find an answer for my question.

We received a complaint from Midland Funding but we didnt respond in the 30 days...the 30 days are way due...can someone please tell me what is that mean?

Thank you!

It means that they are going to get a default judgment in their favor if they haven't already. If they have not yet acquired a default, you need to respond to the suit NOW. Even a BS suit is easy to win if the other side doesn't fight.

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I too am being sued in Missouri courts by a JDB. I've already filed my Answer, Affirmative Defenses, Counterclaims, Request for Production of Documents and Motion to Strike Affidavit. After reading this, I am wondering if those documents needed to be notarized before I filed them. The only thing notarized on the Complaint was the attorney verification, so I didn't think about getting anything notarized yet. I know when (and if) I file a sworn affidavit, I will need to get that notarized, but is there anything else that requires it? Do I need to get these documents notarized and file amended documents before my 30 days is up?

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If I remember correctly (been some time), I filed everything I had with the court clerk, retained a copy of the document for my own records, then mailed a copy of said document to the plaintiff. I do not recall having to notarize any documents beyond the stamp & filings @ the court clerks office.

My gosh, almost 3 years later I simply cannot believe this thread is alive! It's amazing how 1 persons defiance against that which is wrong in our society can start a whirlwind of activity to change the way the winds blow :)

Always remember first and foremost: Liars are lawyers....simple enough? Trust nothing the scumbags say and better yet, file a cease and desist order so you don't ever have to hear their disgusting, stomach churning drivel until your day in court before a judge which will most likely not happen prior to a dismissal by plaintiff.....and that's where counterclaims and sanctions come into play. My gosh isn't the law fun to play with when the little guy / gal is educated on the subject matter :)

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Hi

I hope someone reads this - I found a summons in the mail from CA and from what I read so far I should (1) deny everything in a response and then file for a motion for discovery? Or do both at the same time? Please help - I found great info here, but not the first reply that I need to file with the court.

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Hi

You said "I've already filed my Answer, Affirmative Defenses, Counterclaims, Request for Production of Documents and Motion to Strike Affidavit" would you be so kind and tell me if you wrote those letters or found templates online? Also, should I file all these with my initial reply to the summons? Kindly clarify I just found the summons in mailbox, I am filing for extension because I have less than 7 days.

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Hi

You said "I've already filed my Answer, Affirmative Defenses, Counterclaims, Request for Production of Documents and Motion to Strike Affidavit" would you be so kind and tell me if you wrote those letters or found templates online? Also, should I file all these with my initial reply to the summons? Kindly clarify I just found the summons in mailbox, I am filing for extension because I have less than 7 days.

You should start your own thread and answer the questions in the following link in order for members to have enough information to offer suggestions:

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

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I want to share my experience with a law suit filed against me by Midland Funding LLC, re: a Chase Bank Card. They say I owe $3000.00 and some change plus court costs. The aforementioned credit card was from 1999, 12 years ago. I do not recall this debt nor do I remember signing a contract with Midland. Well any way, I received a summons to appear in court. I cannot sit back and let this JDB(junk debt buyer) dictate to me that I owe them anything, so starts my fight. I went to court and waited as one person after another made payment arrangements and tried to explain why they can't pay or stopped paying. Before my appearance in front of the judge the Midland lawyer called me into a room and stated I owed $3000.00. I said, "I deny that!" She said...in a very sarcastic and demeaning tone,"What? Are you saying there is fraud involved and someone stole your credit card? I will need you to fill out a fraud report, I will need a copy of your drivers license, a copy of your social security card and a copy of the fraud report you made with the police!" I replied with," I never said fraud was involved, I am saying I don't recall this debt and I am denying I owe you!" "Hmmmm!", she says. I go take my seat and wait for the judge to call my name. My name is called and I go stand in front of the bench next to miss smartass. The judge asked me if I deny or confirm this debt, "DENY", I said! Miss smartass says," Apparently she is claiming fraud." I said, "No, I am not claiming fraud, I am denying I owe you!" I have no paperwork or statements from Chase. The lawyer says, "I don't believe her and I want a trial date." The judge set the trial for the end of January. So, the waiting game starts. If anyone out there can give me any advice, I sure would appreciate it. I am unsure what to do next or for my upcoming trial. Will they go through with it or is this just a scare tactic? I have a feeling this is just a ploy those scumbag JDB lawyers use. Thanks and good luck to anyone going through what I am right now.

Edited by mandydome

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Okay, I just received my paperwork from the county courthouse stating the date of my trial. Can anyone shine some light on this for me? What do I do now? Do I need to file anything with the court? I read an older post with some excellent advice about a letter:

I have never entered into a contract with the Plaintiff - Midland Funding, therefore there is no breach of contract or damages that could possibly exist. I deny owing anything, since I never did business with Midland Funding and I am requesting a certificate of service and a request for document production due within 30 days: 1. the original signed contract between me and plaintiff, 2. the clause of the original signed contract with them that I breached, 3. the dates and amounts of each transaction of the alleged balance with me and them, 4. and method of calculation. I deny the allegation and hereby request strict proof of all of the previously mentioned documents, as well as a defense against the statue of limitations in my state of Illinois."

Do I send this to the lawyers representing Midland, even though I have already been to court for the initial complaint and denied owing them? Do I need to have this letter notarized? Sorry for so many questions, but because I cannot afford an attorney, I am on my own to defend myself the best I can and any advice would be greatly appreciated. Thank you kindly

I arrived at the courthouse at 9:30am for my 10:00am scheduled court appearance. I was there for 5 minutes and here comes the Midland lawyer through the door. She looked around the room and I am sure she saw me sitting there. Sorry no default judgement for you, I was thinking. The Judge asked if we could start early and I said absolutely! I am ready! The Midland attorney took me out in the hall and said she couldn't remember why I disputed this claim. I said, "Because I never had a credit card from Chase!" "Oh, okay! I am dismissing this without prejudice. We could refile this complaint in a year." she says. I said that would be fine with me. Went before the Judge. He asked if I agree with the judgement. "YES sir" I quipped! Went upstairs to get a copy of the judgement and out of the door at about 9:50am. Thank you all for all the helpful posts about Midland and being sued. I came here everyday since my summons last December and read every post, even those that didn't relate to my case. Keep fighting everyone. Don't let anyone tell you, you owe money without proving it.

Edited by mandydome
Update

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hi - i hope i am posting this correctly. 1st: brjmhome - you de man!! thanks for all the useful info on ML Funding.

here's the problem. my now husband was served on 11-07-11. we got married on 11-11-11. with all the hoopla with the wedding and all that, the paperwork went MIA.

Just found it today and voila! the court date was today and we missed it. his problem is that he is a gov't contractor and is not in town during the week. he's only home on the weekends.

with that said, i noticed in a previous post you had stated that we should respond NOW even if its a "bs" complaint. i want to go to court tomorrow and do ... something. not sure what or if i can since its not my suit.

however, i have to add, that some how these dickweeds had called him in october 2011 -- and he didn't take the call. a few minutes later my cell phone rang. i answered the "blocked" call, which i never do. this asswipe proceeds to tell me that because i know my husband and he has my cell number and blah blah blah that he was going to take him to court to which i said, so sue me and don't call me when this isn't my issue!! i hung up on him and viola!! he got served.

i believe they violated the FDCPA just by calling and harassing me. so, a)how do i handle the past court date and B) how can i sue them for harassing me?

thanks for all your time spent here on this forum and helping all of us!!

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