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Start To Finish Winning Against Midland Funding Aka Jdb!

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Midland Funding is a vexatious litigator and their attorneys engage in wholesale violations of the ABA Model Rules of Professional Conduct.

This Billion dollar company is scared to death of getting shut down for these reasons. See info at my site midlandfunding.me

Just soundly defeated these slime.

see also

ABA Model Rules (other sections apply as well - but - the debt collection lawyers don't have a clue as to the facts of their cases - its all robo-litigation and runs afoul of the below)

Advocate

Rule 3.1 Meritorious Claims And Contentions

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.8-)

Edited by scott huminski
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filing a lawsuit beyond the statute of limitations also violates the ABA Model Rules of Professional Conduct and is a per se indicator of a vexatious litigator.

Just what these JDB ers and their attorneys are, violators of ethics and vexatious litigators. They need to be shut down.

Midland funding attorneys file thousands of lawsuits per month and have no clue as to the facts, SOL problems or anything else.

Some bold consumer lawfirm should shut down Midland and others based upon these facts and facts at midlandfunding.me and get into another business.

JDB firms and consumer attorneys should not exist in their current state, the litigation brought by JDB is unethical and should be banned under ethical precepts and by a court order finding them vexatious litigators.

Edited by scott huminski
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All,

I am so glad I found this forum. I need some advice. I am being sued by midland funding. I answered the papers with a denial and had a pre-trial. The judge advised me to get a lawyer so that I don't lose the case because I do not know the law and scheduled a hearing in 90 days.

I just received the questions papers talked about on here from Midlands lawyers asking for admit ion and documentation (as well as my last rest room visit...). I found this site and I hope I can get some help and/or answers.

Should i get an attorney?

Do I have to answer these papers from the lawyers (and give them my SS#, income, etc)?

Should I send them the same papers asking for all of this information from them?

This suit is in regards to an online account I had with Dell. I seriously do not recall ever having to sign papers as I opened this account back in 2002. The papers that the lawyers sent me today are stating that I had a (physical) credit card with some bank. I have never had a credit card for the Dell account and have no idea about a bank that was used for this online account. The whole thing just sounds fishy and so far totally incorrect. I DID have a balance owed to Dell because they sent me a laptop that broke in about a month and after fighting for a few months to get it fixed, etc I finally told them that until they send me a working laptop I will not pay the bill. So 3 or 4 years later (about 2 years ago) I got a call from a credit collections place. I worked out a deal to subtract all the finance charges and late fees and just pay what I owed. For a few months they called me monthly for the payments and I paid. They stopped calling. I stopped paying. I assumed it was paid off. I seriously do not recall all the details.

Now I am here, being sued by this Midland Funding company. The documents they have are from Dell. They show my account history with Dell up to a couple of payments that I made to the collection people. The original papers had a generic purchase agreement with not account info on it and attached had my Dell history.

Any advice on how to move forward would be GREATLY appreciated.

One last note: When the lawyer showed up at the pre-hearing he sat down in the hall by me and asked if I was denying the denying the debt. I said "I do not know anything about the information in those papers." He said "so you are denying that you owe this dept?" I said, "We can talk about it in there (and pointed to the court room). He got pretty irritated and stood up and walked into the court room. He didn't say another word to me the entire time. The judge said what he had to say (mentioned above) and the lawyer walked out. This guy was a jerk and the judge seemed to "be on my side". he basically told me to get a lawyer so that I could win this. At least that is how it seemed.

Start a new thread please.

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I am happy to say the suit filed against us by Midland Funding LLC in Texas was recently withdrawn! (Like a win for us!)

We used information we found on this website and answered the request found in the filing before the deadline required by the court.

The attorney tried to file a default judgement exactly 60 days after the orginal suit was filed, which the court denied. (We had filed our response 10 days prior).

The plantiff attorney filed a motion to withdraw with prejudice - meaning they can not file on this paticular issue again. We are not attorneys, but we did answer the suit on our own, asking them to produce documents in our response. (Of course, they could not do that.)

It cost Midland or their attorney - $200.00 to file the initail suit for something that was never owed to them or the credit card company they purchased the "debt" from. It took about 4 months from start to finish and a lot of waiting around.

I wanted to say a big THANK YOU for everyone's help and words of advice!

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I too just "won" my suit today. Motioned to dismiss with prejudice, it was held up 2 weeks , and today it was granted. I just hope it doesn't get appealed, but that's probably just post judgement jitters. The amount is pretty low and they already lost money on the deal. If they were hoping for a cut and dry case, this one was not.

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I too just "won" my suit today. Motioned to dismiss with prejudice, it was held up 2 weeks , and today it was granted. I just hope it doesn't get appealed, but that's probably just post judgement jitters. The amount is pretty low and they already lost money on the deal. If they were hoping for a cut and dry case, this one was not.

 

If it wasn't cut and dried, do you care to share more details?

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If it wasn't cut and dried, do you care to share more details?

well, with a little help from the boards here I filed a motion to dismiss, mostly attacking the alleged ownership of the account. They failed to provide sufficient evidence to make a claim as assignee. 

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well, with a little help from the boards here I filed a motion to dismiss, mostly attacking the alleged ownership of the account. They failed to provide sufficient evidence to make a claim as assignee. 

 

Wow, that's brief. We want to hear the whole beat down.

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I have a thread about it-search my name. Anyway, It started out like a typical case. I get mail, probably ignored it, maybe I don't really remember. Got the complaint saying I'm being sued. Wife helped me out at first, found this sight, and this thread and that's where I got most of my info for the first respsonse. Sent that in. Later on, first conference was over the phone. Basically I just told the judge I didn't have an agreement with stillman, So I don't owe them. Judge basically said "well, I don't see anything here that really shows you own the account, you'll have to provide more proof".

 

So, 90 days discovery, etc... a week or so later I get a big pack of papers on the mail with the usual BS affadavits, asset schedules, copies of statements, whatever- the usual stuff they have that doesn't really prove they own anything. Not too long after I received another big book of papers, the all too usual Interrogatories/ admissions packet. I answered it back, careful to never admit that they were in fact the assignees of the account.  

 

So looking for help I had BMC100 take a look at the docs I had and he helped figure out some angles of attack, and suggested I promptly file an MTD. So I did, and I guess I didn't know it should've been way sooner, with my first settlement conference coming up in 2 weeks. The clerk asked the judge if she'd hear my MTD at the hearing, she said she would. At the hearing the Judge asked me to go ahead with the motion. i was pretty nervous. I went through it, attacking the authenticity of the account, another how the asset schedule and affidavit of sale was vague and non-specific. They didn't include my name, account number, etc... Only that a bunch of accounts were sold. Maybe they were, maybe it was mine, but they couldn't prove it without a doubt. Last, and what really sealed the deal with the judge was that the alleged date of sale, and the delivery of accounts were backwards. The lawyers tried BS'ing their way around it, but the judge told the first one time and again "i will not speculate that these things are true". Sure you could maybe take all this info and say that I did in fact owe stillman based on alllll the info they though showed ownership, but the Judge would not go so far as to speculate. So lawyer #1 wanted 2 more weeks.

 

Well 2 weeks later i arrive once again to the court room, well the hearing room anyway. New layer this time. He was scrolling through what looked like their response to my MTD maybe.  He didn't do that for too long, and played around on his phone for most of the time before the judge came in. Finally I was called up, the judge looked over the file and quickly remembered what was going on. She asked the lawyer if they wanted to provide any new info  to prove ownership of the account. He tried some BS'ing, but fell short and once the judge figured out it was going to just like 2 weeks ago, she dismissed the case with prejudice. Success. I got the order of dismissal in the mail yesterday. 

 

So there's the long and the short of it, I'm sure i forgot a couple details, it's been hectic. Thanks for anyone who helped, you know who  you are. ;)

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I met in court today with an attorney for Midland. She show me some statements and claimed they were mine. I told her i have never seen them before and she would need a lot more than that. I requested her to provide a signed document "By Me' that showed I had an account with said credit card company. As well as all of the statements along with signed receipts signed "By Me" as well as validation from the said credit card company that they purchased such an account. She stated and I quote " I do not need to, what I have is sufficient for our claim"! So i suggested we speak with the judge. I have to admit i was nervous and did not move for dismisal, she asked for a 90 day motion of discovery. I realized afterword that she did not have enough. Now i have to file a motion discovery paper. Im in Michigan, any help would be appreciatted, if anyone could give some idea's. Any other advice would be appreaciatted.

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I met in court today with an attorney for Midland. She show me some statements and claimed they were mine. I told her i have never seen them before and she would need a lot more than that. I requested her to provide a signed document "By Me' that showed I had an account with said credit card company. As well as all of the statements along with signed receipts signed "By Me" as well as validation from the said credit card company that they purchased such an account. She stated and I quote " I do not need to, what I have is sufficient for our claim"! So i suggested we speak with the judge. I have to admit i was nervous and did not move for dismisal, she asked for a 90 day motion of discovery. I realized afterword that she did not have enough. Now i have to file a motion discovery paper. Im in Michigan, any help would be appreciatted, if anyone could give some idea's. Any other advice would be appreaciatted.

 

Thanks to bmc100 everything you need to know is right here:

 

http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/

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I would like to discuss in more detail ways to answer the Plaintiff's Motion to Produce/Production, Discovery and Request for Admissons and Interrogatories  .  Many people get freaked out when they receive these motions and requests, when in fact, more often then not, it is a good thing.  99% of the time, the opposing legal team does not have any legitimate evidence to prove their case, and are hoping to be able to use your documents and records.   Once a debt is 3+ years old,  it has likely been sold, resold many times and records get misplaced or lost in the process.  

       You  MUST respond to these requests withing 30 days of certificate of service being filed with the court.  When responding you must keep three things in mind,   1)  Do not lie or intentionally give inaccurate answers.  2) Do not give them anything they can use against you.  3) Keep the opposing counsel guessing at what evidence you may or may not have,  you should always avoid saying that you do not  possess anything in relation to said account.

 

My top responses to a Discovery/ Request to Produce

 

1) Defendant objects to this Request to Produce as the Plaintiff should have easier access to such documents  from his/her own records as the Plaintiff claims to be  the rightful holder of the account.  ( I use this when they ask for documents that they too should possess, such as contract agreements, etc)  

 

2)  The Defendant objects to this Request to Produce as it is overly broad and burdensome.  ( I use this when the Plaintiff's request are too vague or the request is unrealistic in nature ) 

 

3) The Defendant objects to this Request to Produce on the grounds that complying  to such request is not calculated to lead to a Discovery of admissible evidence.   ( I use this when what they are asking for has nothing to do with any facts if the case, such as providing documents that prove my place of residence for the last 10 years, etc )

 

4) The Defendant objects to this Request to Produce as it requests private and  privileged information. ( I use this when the Plaintiff asks for Documents or information that could be used in my Defense, or  Documents that are too personal, such as Bank Statements) 

 

5)  The Defendant objects to this Request because it is duplicative to request # ___ and is designed to harass the Defendant.  Please see answer to request # ______  for further explanation.   ( I use this when the Plaintiff asks me the same question , but just changed the wording a bit)

 

 

6)  The Defendant Objects to this Request because the Defendant's Discovery has just begun, and it is too early to speculate what Documents the discovery will produce.  (  I use this when I can't find another reason to avoid giving them what they ask for, it implies that there are no documents to produce at this time, but that is subject to change and if it does , I am not going to tell you, you will have to ask again )  

 

Notice that not once did I flat out say I do not have, I do not know.  I do this because I don't want the Plaintiff to know that I have no way to prove my case.  On my next post I will write more about Admissons and interrogatories. 

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1) Defendant objects to this Request to Produce as the Plaintiff should have easier access to such documents from his/her own records as the rightful holder of the account.  ( I use this when they ask for documents that they too should possess, such as contract agreements, etc)

 

I don't like this. The reason I don't like this is you state in your response "as the rightful holder of the account". You are giving them ownership even if they haven't asked for it.

 

Perhaps, "Defendant objects to this request as the documents in question should be in possession of the rightful owner of the account".  

 

That goes more to the point of, "If you owned the account, you would have this stuff. If you don't have it and need it from me...?"

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Responding to Admissons and Interrogatories:

 

  The Plaintiff may send you a Request for Admissons, in order to get you to Admit facts in writing. These questions are almost always deceptive in nature and are designed to get you the Defendant to admit guilt or to see if you give a answer that contradicts your answer to the original complaint.  Interrogatories are questions and statements that are designed to reveal facts that Admissons would have not revealed, and are always as Deceptive in nature as a Plaintiff's Request for Admissons.   Much like answering to a Discovery or Request to Produce, you want to avoid lying or giving inaccurate answers. You also want to keep your answers parallel with your answer to the Complaint, do not contradict yourself.  Last. don't admit anything that the opposing counsel can use against you.  Lets start with Admissons.

 

1) Plaintiff asks the Defendant to admit that he/she never disputed any purchases that were listed on the Monthly Statements that were mailed to Defendant.

ANSWER; Objection; This request implies that the Defendant received alleged statements, which after reasonable inquiry  the Defendant does not recall receiving such statements and therefore denies the same.  

 

2) Plaintiff asks the Defendant to admit that he/she at one time, obtained a credit line with  SO SO Bank.  

** this depends on your defense,  so the answer is Important.  If you are only disputing the amount you can say"=

ANSWER;  Partially Omitted:  Defendant acknowledges said credit card account, but denies defaulting on purchases and/or cash advances)

*** If you are disputing the account as a being fraudulently conceived, then you would say;

ANSWER; Denied,  After reasonable inquiry, the defendant does not recall obtaining the credit card that is the subject matter of this suit. 

***  How ever you answer, make sure it is the same as what you stated in the response to the complaint

 

3) Admit that account number XXXXXXX is in default.

ANSWER; Objection,  Requests calls for the Defendant to draw a conclusion based on hearsay or speculation, therefore the Defendant can not admit or deny. 

 

4) Admit that you, the Defendant,  or someone that the Defendant Authorized , made purchases or balance transfers using a credit line for So and So Bank with a account # of  XXXXXXXXX.  

ANSWER; Denied,  After reasonable inquiry, the Defendant does not recall making or authorizing alleged purchases or balance transfers that are calculated into the amount the Plaintiff claims that he/she is owed. 

 

You get the picture.    Your answers should answer the bare minimum of what they are asking for, and should not reveal any information that was not asked for..  Interrogatories work in a similar fashion. 

 

1) The Plaintiff asks the Defendant to submit 5 examples of his/her signature.  Samples of  Excepted forms are

 a voter ID card

 a Driver's license or State Identification card

 a Marriage License

 

ANSWER:  The Defendant Objects and denies this request as the Plaintiff should already have 5 examples of my signature from this civil court case alone, and those examples should be efficient  The Defendant further objects to this request as such documents are private in nature and could revel sensitive information that is irrelevant to this case action. 

 

 2) The Plaintiff requests a list names and phone numbers  of all witnesses they plain to call in trail. 

** note,  you do not have to disclose this information, if any.  

 

ANSWER;  The Defendant objects to this requests that such information is privileged

 

3) Describe in detail how you obtained the credit card that is the subject of this civil suit. 

 

ANSWER; Objection; Overly Broad and burdensome; vague and ambiguous; and hearsay.  Without waving said objection, Defendant does not recall in detail how he/she obtained the subject credit card, If any. Said information should be in possession of the Plaintiff.

 

4) State the exact amount, which your records reflect is owed by you to the Plaintiff and how you calculated said amount.  

***  This is where they are trying to get you

ANSWER;  Defendant believes he/she owes no money in relation to the amount the plaintiff claims is owed in it's complaint. The Defendant maintains his/her suspension that this account was fraudulently conceived, and has sent his/her own Discovery to Plaintiff to investigate further.

 

5) State the exact amount and date of your final payment to the plaintiff. 

** once again they are trying to get you to acknowledge ownership of account, if you are disputing the account in it's entirely you can say

 

ANSWER:  Objection; vague and ambiguous; and overly broad and burdensome. Without waving said objection: Unknown, if any, Plaintiff should already have this information in it's possession. 

 

 

 In summery,  you have to answer their requests, without really answering their requests.  What you can and can not say depends on what are you using as a defense.   You do not want to give them anything that will help their case, and you don't want to be a jerk about it. You don't want to piss off the opposing counsel without reason.  Keep the mood formal, and to the point of the civil court procedure in your state. 

 

  Next you want to send them YOUR Request to Produce.  if they ask the court for more time to respond to your request,  Then you send them your Request for Admissons, and Interrogatories. These will vary depending on the facts of the case.  I will touch on that at a later time.  I hope that someone finds this information helpful.   

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In all of my cases, I was not disputing rather or not they had the right to collect. or was the rightful owner/holder of the account.  My dispute was that the accounts were fraudulently conceived.  In a different senario,  one would say  " documents should be in possession of the Plaintiff, who claims to be the rightful owner of the account"  I should have specified that.. thanks.     

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In all of my cases, I was not disputing rather or not they had the right to collect. or was the rightful owner/holder of the account.  My dispute was that the accounts were fraudulently conceived.  In a different senario,  one would say  " documents should be in possession of the Plaintiff, who claims to be the rightful owner of the account"  I should have specified that.. thanks.     

 

Understood. I just didn't want the masses of people who come to this site to use that if they are arguing standing and most are.

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Totally new here, but found this thread while searching for help.

 

I'm a pretty smart person, but completely and readily admit that I have made some dumb mistakes here with my situation.  I hope that someone here can help and let me know if a) there is any hope for winning a case against Midland given the following, or B) I have totally screwed myself.

 

The long and the short of it is that Midland received a summary judgement against me because I did t go to court.  I was told by the court that there was no need for me to go because most likely the debt collector would not have a representative there anyway.  I am obviously an idiot for listening to that advice.  I also had submitted a "answer" to the court when Midland first served me with a summons that stated that while that was my debt, the amount was incorrect, and that although I had made attempts to make a payment arrangement with Midland, they told me what I proposed as payments were "too small".  I owed roughly just over $1000.

 

They received the summary judgement.  I was unemployed at the time, and didn't have any major resources they could come after.  I sought legal counsel from a free low-income legal service and did everything they said as far as trying to negotiated with Midland via written correspondence.  I was denied each time I made an offer.

 

So, now 2 years later I get notice that they are garnishing my wages.  

 

Is it still possible for me to get this vacated on my own, or am I screwed?  I admit to making soe extremely stupid mistakes, but all I want to do is repair and rebuild my credit.  I don't want to pay Midland TWICE what I originally owed my original creditor!

 

HELP in New York!

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Totally new here, but found this thread while searching for help.

 

I'm a pretty smart person, but completely and readily admit that I have made some dumb mistakes here with my situation.  I hope that someone here can help and let me know if a) there is any hope for winning a case against Midland given the following, or B) I have totally screwed myself.

 

The long and the short of it is that Midland received a summary judgement against me because I did t go to court.  I was told by the court that there was no need for me to go because most likely the debt collector would not have a representative there anyway.  I am obviously an idiot for listening to that advice.  I also had submitted a "answer" to the court when Midland first served me with a summons that stated that while that was my debt, the amount was incorrect, and that although I had made attempts to make a payment arrangement with Midland, they told me what I proposed as payments were "too small".  I owed roughly just over $1000.

 

They received the summary judgement.  I was unemployed at the time, and didn't have any major resources they could come after.  I sought legal counsel from a free low-income legal service and did everything they said as far as trying to negotiated with Midland via written correspondence.  I was denied each time I made an offer.

 

So, now 2 years later I get notice that they are garnishing my wages.  

 

Is it still possible for me to get this vacated on my own, or am I screwed?  I admit to making soe extremely stupid mistakes, but all I want to do is repair and rebuild my credit.  I don't want to pay Midland TWICE what I originally owed my original creditor!

 

HELP in New York!

 

Sad to say but if the judgment was 2 years ago I'd say you are screwed. You answered the complaint which means this isn't something you weren't aware of. We've all made mistakes and done things we wish we could change. I would consider yourself lucky that the amount is not devastating. I know $1000 is a lot of money but it will not bury you for too long. I wish I had better news.

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It depends. There are limitations to what interest they can charge and (check your state rules) attorney's fees can be added but they have to be awarded by the judge. You should go to the courthouse and see what was written on the order from the judge. That will spell out what they are allowed to do.

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Thanks so much, FlyerFan.  I wish you had better news for me too, but I appreciate the answer just the same.  I wish I had just gone through with attempting to vacate it when I did.  I actually did go to the court with papers in hand to file a vacate order, but the clerk there was nasty and told me I shouldn't even bother because it will just get denied. She then told me I should have paid my debts in the first place.  Obviously I would have, had my life not been in a complete and utter shithole at that time.  :(

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You usually need a pretty good reason to get a judgment vacated. While most judges I've come across do like you to "have your day in court", if you filed an answer and then ignored it and got an MSJ there a little less than willing to help. I've been there, it sucks and you will get past it. You'll know better next time and you know where to come for help.

 

I wish you all the best!

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I've read this thread several times and I have 2 questions that I didnt see discussed.--:

 

One of the Production of Documents questions is:

 

"Any and all documents identified by you in your answers to Non-Uniform Interrogatories".   (the questions they were asking in that part was for my name, address, ssn  and other debt related questions , ie "Set forth in detail all facts which support any affirmative defenses which you have asserted.....(ps how would I respond to that?)  So  how would I word above?

 

and 2. is "Any and all documents between you and Plaintiff"  (not sure how to respond, except that all I have is the docs that they have sent me since the first summons ?!   do I copy and send back everything they sent me?)

 

 

The last ques was "Any and all documents that support any affirmative defense raised by you in this action."     my answer was : Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time

 

Would this be a correct response?

 

Please help, I'm getting to the really bad part of this lawsuit that I understand is very tricky unless you can get help in understanding what is needed to respond in the best way.

 

thanks

 

ps this is a cc lawsuit case- the plaintiff is cache and i am at the discovery part of the process right now.  they have sent Non-uniform interragatories,  Req for prod of docs and Req for admissions.

 

 

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