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Being Sued by Midland in Ohio


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Hi all. As anybody dealt with midland funding llc in the state of OHIO. please if you have can you copy a sample of your response letter to their lawsuit for me. I just got sued by them today. Below are the details of my lawsuit. please provide any links on ways that you have handled them in OH. Thanks

Hello all...i stumbled on this site today because i received a lawsuit letter from Midland Funding LLC. i have looked at different forums and i would like to know if anybody has a link on how to respond and probably sample letters. I am sure its posted somewhere here but i have been reading different post for the past 5hrs and yet to come across any that relates to me. I live in OH...so if anybody here has dealt with this company in OH. please post some links or advice on where i need to start. Thanks for your time. By the way here is the details of the debt. it was a creditcard with debt amount of $4,500. i was making payments on time until 2007 when my whole world turned upside down. My house was foreclosed on and went through a divorce. so i stoped making payments and was contacted by citibank a couple of times after that. i never heard or received anything about the account until today when i got the law suit notice. i have to respond in 28days from the day i was served. i called some lawfirms today that had sent me letters yesterday. the lowest wanted $1500 to pursue my case. i do not have that kind of money.i am a fulltime nursing student, and only work 30 hours a week.i have no money saved up because i am already receiving foodstamps and medicaid. i have a dependent which is my son. As it is i would be defending myself. Please i need directions as to where to find information that relates to my case. a link or website would help. Thanks

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Have you received any dunning letters?

Did midland send you a summons or a ITS (INTENT TO SUE) letter?

First check statute of limitations SOL for your state.

Then check your states laws on proper service.

Do a search on "affirmative defense"

We need more detail to help.

Do you owe them?

When was yr last payment?

What sort of outcome do you want?

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I like to say thanks for responding and the links.

The letter was sent from the Municipal Court with the lawsuit that was filed by Midland funding LLC lawyers. The court has requested an answer or a motion 28days from the day that i received the letter. I paid on the debt until 2007.when things went bad.citibank was the card holder. I am hoping to win the case. because the amount am being sued from is twice the amount that i owed.

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For everyone that posts here, it will help us out if you can provide the following information:

If you are inquiring about a lawsuit in which you are the defendent (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is suing you?Midland

2. For how much?

4,500

3. Who is the original creditor?citibank

4. How do you know you are being sued?got a certified mail from the Municipal court

5. How were you served? Were you served?Mail man delivered and asked if i wanted to sign for it. And i did.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?none

7. Where do you live?oh

8. When is the last time you paid on this account?2007

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).opened

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)no

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.no

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes i asked to respond in writing. They didnt include what the charges were other than the amount. but no other documents other than 2 counts of allegations.count 1 has 7 allegations and count 11 has 6 allegations. they have asked the judge to grant the total amount plus court and lawyer fees as a result of the lawsuit.

Here is an example of what the summons/complaint may look like: http://www.creditinfocenter.com/lega...een-sued.shtml

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

none

14. What is the SOL on the debt? To find out: i am sure the debt is still in the window of SOL. I account was opened in 2001 and had been in use until 2007.

I would like to file a response and request for discovery at the same time.

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How do i respond in writing, request for discovery and file a motion to disregard the allegations. Any links to proper answers for OH state laws and what forms i need to file together would be appreciated. Thanks in advance for your time. Here is the summary of the summon

Here is summon that I received from their lawyers representing them in OH

Count I: Money lent/money paid

1. Defendant was/were cardholder(S) of credit card account number xxxxx, originally owed by defendant(S) to Citibank, the card issuer on said account, who extended credit to defendant

2. Defendant used the credit card at various times, and thereby requested loans, advances and or payments of various sums of money for the use and benefit of the defendant.

3. Defendant promised to repay all such sums loaned, advanced and/or paid out, but defendant defaulted on this repayment obligation, leaving a balance due in the sum of $4,500.40.

4. Plaintiff thereafter acquired, for a valuable consideration, all right, title and interest in the unpaid credit card debt. As a result of the assignment, plaintiff became, and now is entitled to recover the amount paid out by the use of the defendant’s credit and/ or loaned at defendant’s request, on the credit card.

5. There is presently due the plaintiff from the defendant for the money loaned/money paid out on defendant’s credit card, the sum of $4,500.40.

6. plaintiff notified defendants of the assignment and demanded that defendant pay the balance due, but no part of the foregoing balance has been paid.

7. the account records are not attached hereunto because, upon information and belief: (a) plaintiff is not the original creditor and does not have possession, custody or control of said records: (B) copies were sent monthly to the defendant and are or were in defendant’s possession, custody or control; © said account records may be voluminous.

Counts II: Unjust Enrichment

8. plaintiff incorporates by reference herein, each allegation set forth above.

9. Defendants promised to repay the entire unpaid balance on the credit card account promptly upon receiving monthly periodic billing statements, but failed to do so.

10. Defendant knowingly retained the benefits derived from the use of the credit card account, without having repaid the balance outstanding on the credit card account.

11. Retention of the benefits conferred upon the defendant under these circumstances would be unjust without requiring the defendant to make payments for the same.

12. Defendant has/have been unjustly enriched in the amount of the outstanding balance set forth above, as defendant(S) knew or should have known that the credit was not being provided gratuitously.

WHEREFORE, plaintiff prays for judgement against defendant in the amount of $4500.40 with statutory interest from the date of judgement, costs of this action, and such other and further relief as the court deems just and proper under the circumstances.

No signature

Attorneys for plaintiff

Doouche bag, douche bad &douche

Akron, OH

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Here's a couple of ideas for defense...

1. Plaintiff lacks standing to sue.

2. No agreement between Plaintiff and Defendant, verbal, written or otherwise.

3. No exchange of consideration between Plaintiff and Defendant

4. Plaintiff knowingly purchased delinquent/defaulted debt, putting themselves into this position

You'll have to research your state civil code for the appropriate citations of law.

As far as discovery goes, ask for all statements, bills of sale of this account to MCM, a complete accounting of the amount due, ask how they acquired your account, what they paid for it, etc...

Did they include an affidavit with their filing?

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You should read through the sticky "Start to finish winning against Midland" first. Because Midland bought this debt from Citi, the game is changed in that you NEVER had an agreement with Midland, didn't sign a contract with them, etc. Also, as other posters have said, do a google search for both the Ohio Rules of Civil Procedure, and the rules of the court where the lawsuit was filed (most of the time it's your county, in my case, it was the common pleas court of my county), and read through them. Some courts may have specific forms you can use to answer the complaint, others (like mine) do not, and you have to "wing it" by typing out your answer, making sure it complies with the required format, and sending it to the plaintiff and filing it with the court. Depending on where you are, your court may have public records online that you can search, where you can see how others have answered complaints...that will also help you. Basically, you answer the complaint with either admit/deny the charges, and if you deny, you also include affirmative defenses. There is a sticky for those, as well. I know it seems overwhelming right now, but trust me....it's Midland. Chances are they don't have enough evidence, and they are hoping for a default judgement. Make sure you have a good answer and defenses...post back for more advice. Good luck!!

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I see the "JDB has no standing to sue" defense on this forum a lot, but that is not necessarily always the case.

If the JDB has citibanks records with signed agreements between the OC and the defendant, and they can prove that they purchased citibanks outstanding receivables, of course they have standing to sue.

Moreover, you need to move out of ohio - they are the least debtor friendly state in the US with statute of limitations that are 10-15 years depending on the type of accounts you have.

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I wanted to elaborate on your "...and they can prove that they purchased citibanks outstanding receivables"...

If all the assignment does is identify undetermined bundles of data without specific reference to the specific account, the assignment is defective.

I have not met 1 JDB that can overcome this issue in court.

They try, but their affiant is always too incompetent to make a proper connection with proper notice and proper identification from the undetermined bundles.

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