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need a counter clam against midland funding llc


rjejw
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went and talked to the magistrate today, he had another one on the line since iam pro se i had some questions for him, he was on the phone with another judge , on speaker phone the other judge said they most always never show up but i should file a counter suit for the same amount against midland, question is what should i counter sue them with?

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went and talked to the magistrate today, he had another one on the line since iam pro se i had some questions for him, he was on the phone with another judge , on speaker phone the other judge said they most always never show up but i should file a counter suit for the same amount against midland, question is what should i counter sue them with?

Alleged Plaintiff is participating in a scheme in violation of the Fair Debt Collection Practices Act [15 U.S.C. 1692e] Section 807 which prohibits False or misleading representations or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The False representation of-(A) the character, amount, or legal status of any debt.

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Alleged Plaintiff is participating in a scheme in violation of the Fair Debt Collection Practices Act [15 U.S.C. 1692e] Section 807 which prohibits False or misleading representations or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The False representation of-(A) the character, amount, or legal status of any debt.
Massive your my hero, thank you very much
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Judge: Rjejw, what specifically is the factual basis for this counterclaim?

Your honor, Midland filed suit without the essential elements required to constitute a valid cause of action, namely they have failed to prove that they own the alleged debt and they have failed to account for the amount sued upon.. That's just a starter Evil.

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went and talked to the magistrate today, he had another one on the line since iam pro se i had some questions for him, he was on the phone with another judge , on speaker phone the other judge said they most always never show up but i should file a counter suit for the same amount against midland, question is what should i counter sue them with?

The Judge's are on to Midland's antics so take advantage of that.

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Your honor, Midland filed suit without the essential elements required to constitute a valid cause of action, namely they have failed to prove that they own the alleged debt and they have failed to account for the amount sued upon.. That's just a starter Evil.

Really, that's fantastic. I didn't see a copy of the complaint, so I had no idea this was the case. Of course, the OP is in a fact pleading state based on this counterclaim and a complaint itself has to prove all elements of a cause of action and include a complete accounting of the debt. I don't know that I've ever seen that anywhere, but I will assume you will provide the cite for this requirement I also wasn't aware the OP requested verification, and an accounting and failed to receive same.

I must need stronger glasses to read between the lines like you do.

But we are all really glad to have you back.

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Evil, you are funny:) rjejw, they dont need to attach full accounting to the summons. You need to give us more details, so we can help you. Did you request validation? Didi they call non-stop? did you receive any letters from them, and if so, what did they say?

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Evil, you are funny:) rjejw, they dont need to attach full accounting to the summons. You need to give us more details, so we can help you. Did you request validation? Didi they call non-stop? did you receive any letters from them, and if so, what did they say?

I didn't say they needed it to file suit. They can't produce it at any point in the case. A defense attorney stated in over twenty years of litigation he had never seen a junk debt buyer able to prove that they legally owned the alleged debt.

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I've seen it once, it was a 23K BOA sold to Cavalry. They had over 7 years of every single statement. However, we still got the case dismissed because everything else was bogus, so they couldnt prove they owned it. These morons even submitted that person's credit report into evidence lol

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Statements don't prove anything, that's where you are all deluded, neither does a generic cardmember agreement that isn't even copyrighted the year the alleged account was opened. The Plaintiff must be able to prove OWNERSHIP!! Now you can lose if you don't object to the bogus, inadmissible evidence and hold the Plaintiff accountable. Stand tall, as you have all been scammed by securitization in credit card debt, personal loans, and mortgages, yes and even student loans. lol Attack ALL Affidavit of debt(s) that you EVER encounter!! Make them produce the employee records of the Affiant.

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  • 2 weeks later...
Evil, you are funny:) rjejw, they dont need to attach full accounting to the summons. You need to give us more details, so we can help you. Did you request validation? Didi they call non-stop? did you receive any letters from them, and if so, what did they say?

I received absolutely nothing from the, did get some calls telling me to call about an important matter, pick it up then no one there, with no call back on my caller id.

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Don't ever talk to a debt collector unless you're prepared to record the call. If they leave a voice mail, SAVE IT. If they don't leave required information, they are in violation of the FDCPA.

If they call your cell phone with an autodialer or leave a recorded message on your cell, and you never gave your cell number to them or the original creditor, they are in violation of the TCPA.

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