corcam Posted March 31, 2009 Report Share Posted March 31, 2009 I go to court tomorrow in response to a summons I received from Midland Funding. They are suing me on a credit card from FCNB, that bank went bankrupt in 2005. They are suing for $2200, I was with a credit counseling service and have proof of my payments..not in full to them and the balance should only be $1000 or less. I can't contact the original credit as they are bankrupt and only have limited info on the payments made. I am going to show up in court. I contacted Midland when I received the summons and said I didn't know about the debt, and they said yes you did you sent us a verification request, I said I never received that and they said that they didn't receive it within the 30 days. I hear they are horrible, but I am worried as I have never been to court. Do I not show anything and just deny debt and let them prove everything or what? What will happen in court tomorrow? Link to comment Share on other sites More sharing options...
admin Posted April 1, 2009 Report Share Posted April 1, 2009 Did you file an answer? Link to comment Share on other sites More sharing options...
bubbaboo Posted April 1, 2009 Report Share Posted April 1, 2009 I did not see this until today. I hope everything went well for you.In Tennessee they can win on an account stated if you fail to respond. Usually the first hearing (and this depends on the county), is for you to admit or deny the debt. If you admit it, the Judge enters a ajudgement against you. If you deny it, then it is set for trial and they are required to prove their case. TN law says they have to show the chain of title and how the debt was calculated and a whole bunch more. The law allows you to file a written denial before the hearing, or you can deny it under oath in court. The problem that I see is that the Judge usually says do you owe this debt to the original creditor or to the CA, you have to say no. I am always reluctant to say something that is not 100% true. If you have not been to court yet, deny the debt under oath. Get a trial date, and come back here for help.Just so you know: you waited way too long to ask for help. I have a lot on TN law and can guide you through this, but I need a little time to do it.FWIW, I go and watch these cases almost every week. I have yet to see any of them go to trial. If they are set for trial, they are dismissed before the trial date. This week there were three Portfolio cases set for trial. None of them were tried. All of their wins are by default and they win the majority of them. But they never try any cases that I see. And there are as many as 20 JDB attorneys in court each week.Let us know how it went and whether you need some help. If you are near Nashville, I have the name of an attorney who handles these type of cases. Although I don't know him, he was highly recommended by a law professor I know. Link to comment Share on other sites More sharing options...
bubbaboo Posted April 1, 2009 Report Share Posted April 1, 2009 I should have mentioned that I had a recent old collection sent to Midland. They never replied to any of my correspondence and I have not been sued. But, they do sue a lot in my county. The previous JDB on my collection could not validate the debt either.What attorney showed up for them? What firm? I may be able to give you a little insight of them.I am interested in hearing anything you have to say about your experience with these fine folks.If you do decide to go forward, I suggest watching at least a few JDB trials before you try to do one yourself. Also, see if Midland actually goes to trial on any in your county. Link to comment Share on other sites More sharing options...
corcam Posted April 2, 2009 Author Report Share Posted April 2, 2009 Well today was very interesting. There was 250 cases on the docket, just for this afternoon. The majority was from a collection agency LVNV (?) which must be alot like Midland. The judge did not like them, and they had no paperwork on any cases. The judge threw out EVERY case, if the person said they disputed the amount due. Due to the fact that most have had to come to court 3 or more times. Anyway, Midland had a very young attractive attorney for them. I didn't hear her name, but the judge asked her if she worked for Mann Bracken and she said she was there to represent them. Most of the cases this was the first time they had been heard, so the judge said to you agree to the amount due or are you disputing the amount. I advised that I disputed the amount, I told him I had asked them for proof of the debt and they said they received the paperwork at 32 days, instead of 30. The attorney said they would send me the info BEFORE my trial date. He said that the paperwork would have to be sufficient enough for the court, otherwise it would be thrown out. The judge gave a speech to everyone that these attorney's bought hundreds of old debt for pennies on the dollar and he was tired of them coming in here with no paperwork. So I hate that they would not hear anything today, so I have to take another day off of work, but I go back July 1. To answer your question I live in East Tennessee in Washington County. I appreciate any info. Link to comment Share on other sites More sharing options...
admin Posted April 2, 2009 Report Share Posted April 2, 2009 It's nice to see lawyers that are sick of LVNV. Link to comment Share on other sites More sharing options...
DebtLawRookie Posted April 2, 2009 Report Share Posted April 2, 2009 Yep, I like that Judge Link to comment Share on other sites More sharing options...
bubbaboo Posted April 2, 2009 Report Share Posted April 2, 2009 Sounds like you are off to a good start. I had to look up your county on a map; I had no idea where it was.Some comments:250 cases on the docket is huge. LVNV is very active in filing these cases. They file a lot in my county also. But they are not usually prepared for trial and all cases of theirs set for trial have been dismissed without a trial. Also, the Mann Bracken attorney I have seen is not very well prepared and I don't think he could try a case. Look at your paperwork and see what attorney signed it. If it is the guy in Nashville, you are in good shape. It is typical for these attorneys to come in unprepared. They know that most cases will default so they don't prepare. If the defendant asks for a trial, they try to put together a case that will fly. But, like I have said previously, the cases are usually dismissed before trial or on the day of trial. I have yet to see a JDB case tried in the almost six months I have been watching. Since your Judge seems to have a low tolerance level for crap, it is even more likely yours will die before an actual trial.I am glad to see that the Judge was irritated. I hear the same thing is going on in Nashville. But, in my county, the Judges are still going along with the defaults and putting up with the attorneys being unprepared. The attorney you saw was probably a substitute attorney. I see that a lot. The different JDB's hire a substitute for their attorneys and that person comes in and handles the docket for a number of attorneys. They are never prepared. I heard they get about $10 per case for appearing for each case. Some times the attorney does not even respond when the case is called. The Judge has to look at the file to see who is on the case and then call on the attorney. This happens 3 or 4 times each week. In the worst case I remember (not a JDB case), the case was called. The plaintiff was an uneducated man who had been ripped off by a car dealer. He had hired an attorney. The defendant car dealer did not have an attorney. When the case was called, the plaintiff went forward and presented his case. I wondered where his attorney was. Just when the Judge was ready to rule, this guys attorney jumped up and introduced himself and said a few things. He basically missed 95% of the trial.I will dig into my notes when I have some time and give you the statutes you need to know. I need to get the taxes done first. Link to comment Share on other sites More sharing options...
debtorshusband Posted April 2, 2009 Report Share Posted April 2, 2009 I advised that I disputed the amount, I told him I had asked them for proof of the debt and they said they received the paperwork at 32 days, instead of 30.This is Bovine Scat.It's 30 days from when you received the letter. How can they be sure what day you received it? And in my book, you have 30 days to postmark it, not 30 days to get it into their hands. And an "untimely" DV request does not mean they have no obligation to send you documentation. It means they can continue "collection activity" while they are getting the documentation. That's why the judge is making them send you the documentation now. Based on what you've said, it wouldn't surprise me if the plaintiff dismisses the case.And yeah, I like this judge, too.Good luck.DH Link to comment Share on other sites More sharing options...
admin Posted April 3, 2009 Report Share Posted April 3, 2009 This is Bovine Scat.Love that term. Link to comment Share on other sites More sharing options...
Naval50 Posted April 5, 2009 Report Share Posted April 5, 2009 Last year, I defeated LVNV in Knox county, TN because they didn't have a Debt Ccollectors license. Does Midland have one?That was one of the very first things this website taught me. In certain states debt collectors must be licensed, TN is one of them. Not only do they need a license but they need a bond too.Those were good times! Link to comment Share on other sites More sharing options...
corcam Posted April 6, 2009 Author Report Share Posted April 6, 2009 How do you find out if they are licensed and bonded? Link to comment Share on other sites More sharing options...
Naval50 Posted April 6, 2009 Report Share Posted April 6, 2009 They have to obtain a proper license through the Department of Commerce and Insurance in TN.Just google thislicsrch.state. tn.us/ ^Remove this space thoughAnd there phone number is 1(615)-741-1741. Just say, "hey, can you tell me if, {Insert proper corp. name from this town and this state} is licensed to collect debts in TN. Thanks". Link to comment Share on other sites More sharing options...
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