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Need help with Midland...could they actually have the paperwork?


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Since being served a summons I have read a lot of postings here. I filed a sworn denial...so what else should I do? Should I send them a discovery request? This way I would find out what they have...and if they have a case.

So many people have lost against them...but it sounds like they didn't know their rights or they didn't know how to fight it. Plus, so many seem like they have won when they fought it. I want to fight but I don't know what all to do. So many postings to read...so little time...

I live in north TN...does anyone know a lawyer that could help...and not charge an arm & a leg? Can't afford much...but I could use the help. I wouldn't know what to say in court.

Has Midland ever had the paperwork against anyone? Please someone help!!!

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Read up on your Tennessee statutes. 62-20-127 provides some interesting benefit to debtors, not the least of which is the mandatory dismissal if the debtor files a sworn denial.

I don't think it is mandatory. I just think if the CA can't provide enough evidence; then , the court(s) can dismiss it with prejudice. Which means the CA could have up to 1 year to refile.

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Whether Midland has the paperwork or not seems to depend on who the OC is and how long ago the debt defaulted.

I have had to deal with them twice, once they had every statement for the life of the account (OC was a Texaco gas card), the other one was from an OC who had been out of business for several years before Midland bought the portfolio, and they had absolutely nothing.

They sent me the Texaco statements in response to a DV though, indicating to me that if they have the stuff they will send it...did you DV them?

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Whether Midland has the paperwork or not seems to depend on who the OC is and how long ago the debt defaulted.

I have had to deal with them twice, once they had every statement for the life of the account (OC was a Texaco gas card), the other one was from an OC who had been out of business for several years before Midland bought the portfolio, and they had absolutely nothing.

They sent me the Texaco statements in response to a DV though, indicating to me that if they have the stuff they will send it...did you DV them?

Is DV the same as a request for discovery...I have not yet. It defaulted approx 2 years ago. According to the summons Emerge is the OC...which l investigated...it looks like Providian was the original OC then sold it to Emerge...so I don't know who has the docs

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So you didn't DV them before lawsuit was filed? You will need to go through the discovery process I guess.

They may or may not have any documentation, but 2 years is fairly recent so I wouldn't assume they have nothing.

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Midland is one of the biggest JDBs in the country. I would bet a pretty big sum of money that they will not be able to come up with authenticated documentation> If it's not authenticated, it would be easy to toss out as hearsay.

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Midland is one of the biggest JDBs in the country. I would bet a pretty big sum of money that they will not be able to come up with authenticated documentation> If it's not authenticated, it would be easy to toss out as hearsay.

So I should send them a request of discovery?

I am not sure of how to write one up if I do send them one. Any suggestions for a newbie?

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I don't think it is mandatory. I just think if the CA can't provide enough evidence; then , the court(s) can dismiss it with prejudice. Which means the CA could have up to 1 year to refile.
If a debtor or co-debtor files a sworn denial or otherwise raises a dispute concerning any account, bill, note or other evidence of indebtedness, the court shall dismiss the account, bill, note or other evidence of indebtedness, without prejudice.

Shall, in the context of statutory interpretation, means must.

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  • 1 month later...

court date had already been set in summons when served...Midland suing with affidavit..." personal knowledge of account...blah blah blah" Emerge is OC.

Court date is around a month or so from now....small town...so county court/general sessions doesn't have website to help with anything....clerks can't help since that is giving legal advice....first I had filed the sworn denial....then found out from reading here that I should request production of docs.

So I sent a letter to Midland's lawyer by way of CCRP...then sent copy of letter & green card of receipt to court once I received green card back from lawyer. Their lawyer never responded...so I thought my next move was to file a motion...yet when I called the clerks office today to see if they have standard forms for this or do I write it in letter form...she told me that I don't do anything...that I have to wait for court and find out then if they have any docs...that my letter already sent doesn't have to make them respond...so all this work has been for nothing...so far...

I just have sit and wait for court date...and if they don't have papers then judge will ask for them and call for another court date...but they may and I won't know till court...which really sucks!!!!!

Anyway my questions are....since my county general sessions seems so laid back...do I go to court with a letter to compel discovery and/or letter to strike affidavit has hearsay and/or letter to dismiss on grounds of no evidence...please help....thanks again

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  • 1 month later...

went yesterday...found out it was a pretrial...it was a cattle call...no judge just lawyers...general sessions...the lawyer that had my file turned out 2 b a local...I asked where the lawyer was that was on the summons and he said " I gather in Arkansas...where he is from". I asked where the paperwork was that I had requested...he said they must need more time...I said that I gave them plenty of time since I requested it back in May...he said that I might get it b4 the next court date...or if not he should have it next time...which is in 3 months...I told him that I wanted the signed original contract from OC and the contract showing that Lidland now owned the debt...he said most always have this...that he hasn't run across one yet that didn't have the papers...he showed me another persons file (not the name but just a stack of copies) they were copies of payments and statements .... he said that was proof of contract...by making payments that was proof of contract..don't know who OC or JDB...is that true? is that all the proof they need? reading from this forum it doesn't seem like it. He said next time when we meet is when we would negotiate payments...any suggestions whats really my next step?

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In my county, Midland files more cases by far than any other JDB. I have never seen them try a case.

If you read these boards and others, you will see a common complaint against them - they don't respond to validation requests. I suspect they have no records. I also suspect that they don't have any for trial and that is why they never try any cases.

I don't know of any attorneys in your part of the state who handle this type of case but you need to find one. Either that or find one who is a whiz at the rules of evidence. The main problem is that Midland will show up with an affidavit saying you owe the money but that is usually from someone from Midland, not the original creditor. That is hearsay and inadmissable but only if you object and only if the Judge agrees. I think a Judge will take a local attorney more seriously than he will take you. These things only take 15-20 minutes to try and I just cannot believe Midland will try a case when you show up with an attorney.

Of my five chargeoffs that might result in a lawsuit, I ranked Midland the most likely to sue because they file so many suits. But I also know they don't try any. I know of an attorney in my area that handles these cases and comes highly recommended. I have decided to go to him if I do get sued, mostly because an attorney will be taken more seriously by the Judge. And, because I have yet to see any JDB attorney who will try a case against an attorney. I mentioned in my other post that the other day that I have only seen one of these JDB cases go to trial, and that was a woman doing it on her own.

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An invitation to Midlands "Special Handling" list is a great asset. They don't even make you go to court they just settle aftera half hearted attempt at talking down the amount you are seeking.

Getting an invitation is easy. Sue them and win. You get a gilt edged card with your name on it.

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I would probably have to get a Davidson County attorney because I don't think there are any in Sumner...so if you don't wnat to post the attorney's name maybe you could e-mail it. I may have to talk to them before going to the next court date...to see my next move...what I should couterclaim and find out what papers they have...specially since the local lawyer representing the out of town lawyer said that most have the papers and he never has run across one that didn't.

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