brjmhome6

Start To Finish Winning Against Midland Funding Aka Jdb!

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until the day AFTER christmas.... just got my summons yesterday.. i'm in oklahoma and after getting divorced last year and being placed on child dupport with very unstable employment, sorry i'm ranting. The point is midland is claiming i have a credit card debt with bank of america for over $2,000. ive read this thread until my eyes have crossed and ive taken 4 maximum strength excedrins. could someone, anyone please help in plain english? i'm not the brightest penny in the fountain (obviously) but i'm begging. i cant afford another attorney after my divorce, (who accomplished NOTHING btw) i dont even see a court date on this summons...... if it isnt one thing its another....

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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.

Well done, by why didn't you insist on it being dismissed WITH Prejudice??

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Thanks brjmhome6!

I wish I had happened on this thread sooner.

I sloppily made my way this far with Midland, now I'm going for a knockout.

I think I'll file those quaint discovery requests, but I think I have to ask the judge for 30days to amend my answer since they recently motioned to strike my affirmtv defenses so its the perfect opportunity to sharpen my teeth. I've been volleying with them back and forth and they are really trying to pull a fast one, with all the scummy tactics.

I really like the excellent templates! I've made affirmative defense: lack of privity, statute of frauds, lack of standing to sue, affidavit insufficient. And they are still trying to railroad me, motion for summary judgement, trying to strike my affirmative defenses on some civ procedure bit...

Also, does it matter that my first answer admitted to OC debt? Then redacted. And that I've been on the phone offering them 40-60% because I see those amounts on my credit report. Is a credit report reliable? Or can they just buy a thing down the river and report the full amount of the OCs charge off and then report to CRAs?

I realize I may have made some rookie pro se mistakes, but they really messed me up for 6 months now. Now Im filing motions like a pro se fool, making duplicates and learning the law. I need to read up on FL civil procedure as I may have made a technical error. I'm hoping for the best, now I know more about this than I ever thought I'd have to. I feel there is something inherently wrong with what they're doing, so Im fighting the good fight.:p

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Praise God - I won!!!!

I followed the advice and copied the forms from below (actually from the original post, which is the same as below). I started dealing with Midland Funding and Kramer and Frank about 6 months ago. I responded to all of their mailings, starting with the notice of the collection being turned over to Midland Funding. I ended up in being taken to court by Kramer and Frank. I received a notice, then the first set of letters (all in confusing legal terms, even for someone with a MS in Criminal Justice.). I came across this website and thread and followed the guidelines listed below. I was scheduled for court four times. I asked for a continuance the first time. The second time, they asked for a continuance. The third time the judge set the case for trial. I was prepared to go to the next step on Monday. However, today I received a NOTICE OF DISMISSAL from Kramer and Frank!

It really does work!!!

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Sorry if this is a bit off-topic. I recently got ones of these "pre-legal" notices from Midland, which I sent DV in response. But I am sure I'll be receiving a suit sooner or later, which I will fight.

My question is this: If you do win against these JDBs in court, can you have them ordered to remove any negatives they place from your credit report??

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My husband has a default judgment by Midland. They are now sending garnishments to random banks trying to find our accounts.

My husband is on SSDI. That is his only source of income and the debt is from before we were married.

My question: How do we stop garnishment before it starts in Missouri or can we?

or how do we file to have garnishment overturned?

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you can base your motion on lack of standing. and use the collateral attack on a void judgment strategy.

go to the courthouse and get the court file and look at the evidence submitted for default look for bills of sale they most likely would not show your account. This is where the lack of standing comes in also look at the declaration of service to see if service is proper unless you were properly served.

It is proper to attack a void judgment.

I will help with the motion. It is not hard. and side benifit is it stays execution of judgment. and also since they have went to every bank they have committed several violations of the FCBA, FDCPA and others.

get into the fight and you make it go away.

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This is a follow-up to the all inclusive Midland thread found here.

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

I'm keeping this just to Midland and cases that are concluded or dismissed, nothing that is in process or pending a decision or ruling. Some of the threads are very detailed and have other links to good threads in them, and some are just a simple thank you to the board or just celebrating a victory.

::BigGun::

_________________________________________________________________

Beergoogles takes Midland to the woodshed, not once but two times. Oh and by the way, Beergoogles is a high school drop out (that's according to Beergoogles, no disrespect, he posted that).

http://www.creditinfocenter.com/forums/there-lawyer-house/311778-midland-arizona.html

http://www.creditinfocenter.com/forums/there-lawyer-house/314183-case-1-won-done.html

Lonewolf beats Midland and has to ask if he won, and still beat them with his costs awarded to him by the Judge-

http://www.creditinfocenter.com/forums/collections/314245-midland-funding-vs-me-did-i-win.html#post1170643

Sticky Midland start to finish thread-

http://www.creditinfocenter.com/forums/there-lawyer-house/292720-start-finish-winning-against-midland-funding-aka-jdb.html

Of course one of my all time favorites is Kittymomma and the Midland attorney that argued to the judge that it was not feasible for Midland to prove they had standing, and then of course Kittymomma annihilated them after that-

http://www.creditinfocenter.com/forums/there-lawyer-house/312980-updates-my-fight-midland.html

Some more Kittymomma and Midland Butt kicking in a thread I started-

http://www.creditinfocenter.com/forums/there-lawyer-house/313087-coltfan-oral-arguments.html#post1157820

Yellowdog stomps a mud hole in Midland-

http://www.creditinfocenter.com/forums/there-lawyer-house/313059-happy-time.html

Iamserved wins plus get their costs awarded to them. Good link by CALAWYER in this thread for California debtors that beat Midland on how to get Midland to pay for your fees-

http://www.creditinfocenter.com/forums/there-lawyer-house/313820-case-dismissed-how-recoup-filing-fees.html

Midland pays Jackson212, now that's beating Midland in style-

http://www.creditinfocenter.com/forums/there-lawyer-house/314036-midland-settles-brings-me-10-wins-0-losses.html

Muchdebit has Midland move for dismissal on the grounds of cowardliness 7 days after getting discovery requests-

http://www.creditinfocenter.com/forums/there-lawyer-house/313701-midland-funding-dismissed-suit.html

Midland again moves to dismiss on the grounds of cowardliness-

http://www.creditinfocenter.com/forums/there-lawyer-house/314036-midland-settles-brings-me-10-wins-0-losses.html

Midland goes all coward against Robtex-

http://www.creditinfocenter.com/forums/there-lawyer-house/313632-motion-dismiss-before-trial-midland-funding.html

Midland asks Kasy if she would like the case dismissed, how nice-

http://www.creditinfocenter.com/forums/there-lawyer-house/312798-dismissal-without-prejudice-now-what.html

Yours truly helps a fellow razorback kick the crap out of Midland-

http://www.creditinfocenter.com/forums/there-lawyer-house/312965-standard-admissions-opinions-help.html

Midland moves to dismiss on the grounds of cowardliness against Debtfighter-

http://www.creditinfocenter.com/forums/there-lawyer-house/307664-midland-funding-llc-dismissed.html

GretchenNJ beats Midland-

http://www.creditinfocenter.com/forums/there-lawyer-house/312768-i-won-again-midland-funding-mercer-county-nj.html

Midland goes coward on First Timer two hours trial brief sent-

http://www.creditinfocenter.com/forums/there-lawyer-house/311682-they-quit-dismissed-prejudice.html

Midland goes coward on Helpme-

http://www.creditinfocenter.com/forums/there-lawyer-house/312155-midland-dismissed-their-case-against-me-woohoo.html

Hepcat shows up for trial against Midland and Midland dismisses on the grounds of cowardliness right before trial-

http://www.creditinfocenter.com/forums/there-lawyer-house/310137-dear-midland-i-win-i-win-i-win.html

Dafish beats Midland, but still has trouble with Midland. Dafish can't get Midland to pay their court ordered costs for wasting Dafish's time, in the big picture, a nice problem to have-

http://www.creditinfocenter.com/forums/post-judgment-forum/311565-how-do-i-get-midland-pay-my-judgement.html

Onechancetodream dreams big and kicks the dog crap out of Midland-

http://www.creditinfocenter.com/forums/there-lawyer-house/310626-long-midland-vs-me-az-my-personal-experience.html

Midland goes coward again-

http://www.creditinfocenter.com/forums/there-lawyer-house/311557-midland-request-dismissal-yay.html

Midland goes all coward and then won't pay fees for wasting debtors time, again, not a horrible problem to have in the context of debt collection issues-

http://www.creditinfocenter.com/forums/there-lawyer-house/311151-opposing-party-dont-want-pay.html

Midland dismiss right before trial, a little problem with something the court requires, evidence.

http://www.creditinfocenter.com/forums/there-lawyer-house/303097-victory-over-midland.html

2009 victory against Midland-

http://www.creditinfocenter.com/forums/there-lawyer-house/299553-i-beat-midland-kohn-law-firm.html

Update on 6/12/2012 to include another cowardly retreat right before trial.

http://www.creditinfocenter.com/forums/there-lawyer-house/314429-chalk-up-another-win-against-midland.html#post1172814

Update on 6/16/2012 to include, after two years of b.s. Midland moving on the grounds of cowardliness to dismiss against BitterSweet. How does that taste Midland, can't even wear down somebody after two years and you go all coward right at the last minute. Beat it bully before you get your tail whipped like a junk yard job.

http://www.creditinfocenter.com/forums/there-lawyer-house/310988-help-admissions.html

6/21/2012

Cindi101 gets sued by Midland and kindly asks Midland if they will answer just a few important admissions, as they are legally required under Missouri law to answer. Drum roooooollllllllllll Yes, sit down, because this is shocking news I'm getting ready to share. If you have a heart condition read with caution.

Midland decided instead of answering the questions they would, yes, you got it, QQQQQUUUUUIIIIIIITTTTTTT and tuck their tail and get their cowardly rear as far away from Cindi101 as they could. Read the admissions that kicked Midland's a$$ right here. Nice job Cindi101 !!!

http://www.creditinfocenter.com/forums/there-lawyer-house/314603-need-midland-advice-missouri.html#post1174884

skamaka goes to pretrial with Midland and meets in the hallway with Midland attorney. Skamaka questions the authenticity of the documents. Midland states ""Atty advised that there documents were sufficient."

A few weeks later a dismissal on the grounds of cowardliness filed by Midland arrives in the mailbox. Gee, you mean those documents actually were not sufficient and the attorney for Midland lied?

Midland vs Me HELP!

7/17/2012

Simpleaim advised us was about to just throw in the towel but decided to fight. Then of course hear comes Midland and their yellow streak a mile long when they get hit in the face by a pro se that wants to fight. Appears a motion to compel Midland to produce "evidence" was the main reason for this retreat.

NO? say it ain't so, Midland, can't produce evidence???? NO WAY. What a huge shock. :roll:

Good Job Simpleaim, read about it here.

7/23/2012

Deadsosoon1776 decided to turn the tables on Midland and their filing lawsuits and then going coward when challenged. His only goal was to get Midland off his credit report. He sued, and as usual Midland immediately threw up the white flag and went coward.

Good job Deadsosoon1776 turning the tables on Midland and jumping out and suing them before they sued you.

Read about it here-

http://www.creditinfocenter.com/forums/there-lawyer-house/315130-sueing-midland.html

8/17/2012

Catgirl gets sued by Midland. Midland decides the rules of procedure and evidence and discovery do not apply to them. Midland then has the nerve to send a settlement letter. However, they expect Catgirl to pay them. Huh??????? :shock: Your Midland you dumbass, go look in the mirror and then ask yourself if you're really serious. However, in the spirit of cooperation a counter offer to Midland was made. They could drop their suit with prejudice or get sued in federal court. No drum roll necessary as we all know what choice Midland made. Read about it right here. A nice long thread with lots of great opinions by many regulars on the board.

http://www.creditinfocenter.com/forums/newreply.php?do=newreply&noquote=1&p=1188230

ASTMEDIC puts a beat down on Midland. Looks like two great posters from California, CALAYER and SEADRAGON decided to join in and provide some air support while ASTMEDIC stormed onto their home field (courtroom) and took no prisoners. Read about it here

http://www.creditinfocenter.com/forums/there-lawyer-house/317277-how-i-beat-midland-california.html#post1202922

Edited by Coltfan1972

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No Offense taken, Yes I did dropout of school, and joined the Navy( but did get GED 13 yrs later and did some college) I might add I also have dyslexia on top of that.

One of my cases is a judgement for me, and the most recent one is a dismissal WITH PREJUDICE. Judge commented on well I (WE) did (before trial while waiting for late lawyer) Lawyer said" you defended this case very well" I said not too bad for a high school dropout and he hung his head in shame.

My advice for those just starting out. DON'T FREAK OUT YOUR NOT GOING TO JAIL! Stay busy and eat right its not the end of the world. Study, and study some more. memorize the important rules of evidence. Read and understand the rules of procedure know them well! Answer everything they throw at you. When you think you know it all pretty well read them again! I tell them nothing on the phone and I tell them nothing without a witness around. I mentioned to the lawyer (after he dismissed) I was going to object to anything he tried to admit as evidence and he said that is the right thing to do in my position.

I think the main thing is to answer everything they try to do, check with your court about the case a few times a week because these guys are notorious for not mailing you motions and stuff. For instance they filed for a summary judgement and did not notify me. I found out because the court told me about it. They finally sent me the MSJ 3 weeks later. So check and check often. Good luck!

BG

Beergoogles takes Midland to the woodshed, not once but two times. Oh and by the way, Beergoogles is a high school drop out (that's according to Beergoogles, no disrespect, he posted that).

http://www.creditinfocenter.com/forums/there-lawyer-house/311778-midland-arizona.html

http://www.creditinfocenter.com/forums/there-lawyer-house/314183-case-1-won-done.html

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I believe that you would be suing for violation of the FDCPA, correct? If so, then it would $1000 per action and in this case, no matter how many times it was reported to the CRA's, the most you'd get out of this would be $1000 because it's not per violation but per action.

If you're suing under the FCRA, then it would be per violation.

You can assert punitive damages when the violations are repetitive in nature.

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I am in NJ...a judgement was filed against me earlier this year by Midland Funding (represented by Pressler & Pressler). I recently received a new document from attorney stating that they are going to file a motion for order enforcing litigants rights due to the fact that I didn't fill out & return some form they enclosed that requires all my personal & financial info, such as SSN, acct#'s, etc. I don't know who these people are, or why they would expect someone to just hand over all their personal information. I now know they are a JDB, & that I probably should have done something sooner, but I did not know then what I know now. I have until next Friday to reply to attorney or appear in court? Is it too late to ask for Verification of Debt? or go to courthouse to see what evidence they submitted that I owe this amount of debt to Midland?

I don't know where to start & it is for a ridiculous amount of $1500, which if I had, I would have gladly paid. I am currently looking into bankruptcy & debt restructuring options at this point as it is. If anyone has a starting point they could recommend, I would really appreciate it.

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I am the lucky "fellow Razorback" that Coltfan helped. Sending almost 40 RFA and 10 request for documents (thanks legaleagle), MIDLAND tucked tail and RAN! These bottom feeders moved on to easier prey. Thanks everyone, especially Coltfan who was kind enough to PM with me. I went from scared in the beginning to feeling like 'Superman' with help from you great people! Thanks! Jimmy

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Who's Coltfan? Seems I've heard that name before. thanks legaleagle Kinda says it all, doesn't it? LOL You won, Coltfan is your man. I would hate to have to face him in court, but it just might be the immovable object hitting the unstoppable force.

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I am the lucky "fellow Razorback" that Coltfan helped. Sending almost 40 RFA and 10 request for documents (thanks legaleagle), MIDLAND tucked tail and RAN! These bottom feeders moved on to easier prey. Thanks everyone, especially Coltfan who was kind enough to PM with me. I went from scared in the beginning to feeling like 'Superman' with help from you great people! Thanks! Jimmy

Jimmy,

I must say when I saw it was Midland, for over 11K, and the trial date approaching and on our "home field" I did make sure they got the "special" treatment.

Thanks for the kind words, glad to help, and like you said, it was the help from the whole board, even that know it all LegalEagle :lol: that demolished Midland.

They picked a fight with the wrong person.

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I got Midland to go away by asking them for admissions.

I just saw that, posted in that thread and am linking your tail kicking to this victory thread. Good job !! ::BigGun::

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I want to thank this website for all the advice. My husband received a summons March 2011 and it took until May 2012 but we won. I followed your advise and stayed diligent. We finally got a dismissal with prejudice since they never complied witht he Request for production of documents that I sent July 2011. Thank you!! Thank you!!

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I want to thank this website for all the advice. My husband received a summons March 2011 and it took until May 2012 but we won. I followed your advise and stayed diligent. We finally got a dismissal with prejudice since they never complied witht he Request for production of documents that I sent July 2011. Thank you!! Thank you!!

It's great to hear that another person has slain the dragon.

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Grats on beating them -- hoping to follow in the path others set in front of me... I've got a ton of tabs open trying to digest all the info here.

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Oh is poor little old HonestPersonMI just a tad upset because the gravy train of defaults and consumers being intimidated not what it was a few years ago.

You just a little upset because we have the victory thread that shows Midland can't win in court if they are challenged. We so sorry you upset, we did not mean to make you cry loser.

I hope you are a Midland rep. Don't try to convince us that you are just a consumer that stumbled on this board and decided to post back to back to back because you are so upset that some consumers beat the junk debt buyer. That will just so your further stupidity if you try that.

So sit back, grab a cold one, and watch the party. Or, go back to your cube, your auto dialer, your robo-signing of affidavits, your attorney general lawsuits to quickly settle and your FTC fine payoffs.

If you want to go toe to toe with me, you guys have one of my accounts, or allege you do. You want to come at me? Bring it on. I will absolutely mop the floor with your a$$ in court. I'll won't just win, I'll destroy you and it's a 100% guarantee I'll be cashing one of your checks.

So you can go cry in the corner, suck your thumb and talk about how unfair it is that consumers are fighting back. Go cry to your AG or the FTC. Oh wait, you can't do that because they are suing you left and right. Go cry to your lawmakers. Oh you can't do that, because you morons target even them and when they tell you that you have the wrong person you still sue them. Nice move on that one idiot.

Take your junk debt, your poor me I'm pissed off because these consumers are smarter than me and your "just pay what you owe attitude" and roll it up real nice and shove is so far up your a$$ that you have to reach down your throat to pull it out.

And if you want the account number for the account of mine Midland alleges to have, PM and I'll send it to you. I'll also include directions to my house for you to give to the process server. Then I will do what I do best and whip the dog out of you in court.

If you can't handle being a debt collector, get another job. Nobody is drafted into the debt collection business. You want to beat us in court, how about having evidence and a desire to fight. Come at us without "we bought a pool of accounts" or "it's not feasible to prove our case because we buy in bulk". In other words come at us with what we come at you with, legal arguments with merit and admissible evidence.

You're probably just some mid level manager that got screwed out of their bonus because some debtors fought back and you had to tuck your tail and go coward and drop the law suits. Get used to it, it's what you do coward.

So beat it and go slither back under your rock. You're now on our home turf and I'm not going anywhere. Your picking a fight with the wrong people, but bring it if you wish. I'll be here, you can count on that. Send me that PM and take me on, I dare you. It will be the worst business decision of your life.

And if you think that is arrogant, your damn right it is. It ain't bragging when you back it up, and try me, I'll back it up. ::BigGun::

P.S. Welcome to the board, glad to have you. :thefinger:

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Why did you not pay back the money borrowed?

Why do you drop the lawsuits when we fight back. Actually go to trial and you will learn why. It's called a defense. But you guys go coward in such record time you'll never know will you.

Oh and why do you guys violate the FDCPA left and right and then act like you did nothing but agree to pay 5 million dollars to settle a case for something you did not do?

And the last time I checked, Midland has never loaned a consumer money. You guys are riverboat gamblers that have been used to winning all the time. No more. Now we are calling your bluffs. You want to gamble with a shot at winning go to Vegas. You want to gamble and lose, keep gambling with junk debt. Don't blame us because you're stupid.

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Too bad. People who fight rather than paying their debts make credit less available for the rest of us. Pay back what you borrow!

Look I fully understand your mindset. You work for Midland and they are cowards and no more than a school yard bully. That's just a fact. But just because Midland won't fight does not mean we should all take your lead and be spineless wimps that bend over on command and say thank you may I have another.

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Coltfan, you are absolutely AWESOME!!!

Well that guy kinda of rubbed me the wrong way. I probably need to be a little clearer and not beat around the bush so much, but thanks. :)%

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