caseyray

8 Steps to Crush Midland Funding

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Special Thanks to BRJMHOME and REDLINEHOME.

This OP will outline my 6 month journey to dismissal with MIDLAND FUNDING.

*ALL RED TEXT in templates MUST be edited

*Please refrain from mindlessly editing LINKED TEMPLATES.

*Read thoroughly to ensure all included information is applicable and relevant.

*Individual cases may not unfold in a respective time frame or sequence as the proceeding.

All correspondence to be sent via certified mail.

Copies of all motions filed with COURT CLERK to be mailed to PLAINTIFF.

Copies of all correspondence mailed to PLAINTIFF and delivery confirmations to be filed with COURT CLERK.

1. Following first notification of debt, DEFENDANT to mail the following:

TEMPLATE: DEBT VALIDATION

TEMPLATE: DC DISCLOSURE INQUIRY

TEMPLATE: ORDER TO CEASE AND DESIST

2. DEFENDANT is served COMPLAINT.

In Missouri, appearance in court is an acceptable ANSWER to COMPLAINT.

(However, in other states you may need to file a written ANSWER to COMPLAINT).

INCLUDED EVIDENCE: AFFIDAVIT

3. DEFENDANT is served PLAINTIFFS FIRST REQUESTS AND INTERROGATORIES.

4. DEFENDANT to mail the following:

TEMPLATE: DEFENDANTS ANSWER*

TEMPLATE: DEFENDANTS REQUEST FOR PRODUCTION

*ANSWER to be used as a REFERENCE ONLY.

*Respectively read and answer individual requests.

*ANSWER will NOT directly correlate with the numbered requests you are served.

5. Following THIRTY* days without receipt of PLAINTIFFS ANSWER, DEFENDANT to file:

TEMPLATE: MOTION TO COMPEL

TEMPLATE: MOTION TO DISMISS

*Check local Rules of Civil Procedure

6. DEFENDANT is served PLAINTIFFS ANSWERS AND OBJECTIONS.

INCLUDED EVIDENCE: STATEMENT OF ACCOUNT, PRE-LEGAL NOTIFICATION

7. DEFENDANT to file:

TEMPLATE: MOTION TO STRIKE AFFIDAVIT

TEMPLATE: MOTION TO STRIKE STATEMENT

TEMPLATE: MOTION TO STRIKE NOTIFICATION

8. DEFENDANT receives copy of PLAINTIFFS DISMISSAL.

'COMES NOW PLAINTIFF and hereby dismisses the within cause of action at Plaintiffs cost.'

Edited by caseyray
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tellme....,

What evidence did they give you in discovery? Is it enough to prove their case? Can you use the any of the Motions to Strike?

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The only documents they provided were

Bill of Sale from OC

Copies of old statements with terms

There were no signed contracts from the OC or any communication letters from Midland.

The only response they answered that wasnt "Denied", or a shady way of answering was to my

admission that the statute of limitations for the legal collection of this debt has expired:

Response- Denied. The last payment posted to the account at issue on April 23, 2007 and suit was filed on Aug 20, 2010, within five years of the last payment.

This was a credit card with Chase and when I looked up the SOL in OK it says 3yrs is the SOL.

That being said I think that is why they sent the SMJ in hopes we would not respond and they would get it by default. I am just very unsure as to what to file. Everyone on this forum has so much info, but I am not finding much on what to do when they file a SMJ.

Thank you for your response. I am not sure how much time we have to respond, but I did find something that said around 15days last night. In that case I need to have this Filed by Nov 4.

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Ok, no pun intended, Oklahoma sol for Open Accounts is 3 years, written contract is 5 years. So they are arguing a 5 year sol for written contract. I have not had time to look at OK case law to see if CC are considered Open or Written. Check and see which one based on case law applies.

I will paste this on the other thread with the similar topic.

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Nice!

On complaint from Citibank, this is almost exactly what I have done, have yet to receive a dismissal, but there is still time.

The other difference (and it seems to be a new part of the collections template) is the CA filing a Motion for Summary Judgment (MSJ) along with answers to discovery.

The MSJ would give them the quickest judgment on a case without going to trial. The CA's are looking for some thing as short as a default judgment.

It would be in our best interest to start filing an MSJ on the Plaintiff using an affirmative defense. Asap. 30 days after summons in MO. That way you avoid the objections you get in answers to discovery. Only Admit or Deny w/documentation is allowed. Currently the CA's haven't figured out how to write a proper MSJ, according to bench judges. The MSJ was originally a defensive tool, but the CA's are using it offensively.

Here is an excellent article on MSJ from a St Louis judge.

http://www.mobar.org/afbe2c90-2785-473e-b155-53f783764c97.aspx

*

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I did not have a chance to do any of the documents in step 1 except for the debt disclosure which they did not return.

I filed a request to produce documents and they objected to answering the questions because i didn't format it correctly. They did however attach a copy of a bill of sale between citibank and midland funding and a paper with my name and account number.

PLEASE HELP.

What is the next step??

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I did not have a chance to do any of the documents in step 1 except for the debt disclosure which they did not return.

I filed a request to produce documents and they objected to answering the questions because i didn't format it correctly. They did however attach a copy of a bill of sale between citibank and midland funding and a paper with my name and account number.

PLEASE HELP.

What is the next step??

Is it the FULL bill of sale, or just the cover and a page with only your name and account number on it. If so, this is not the complete agreement, challenge the validity of it.

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To question the validity i would file a motion to ..... ???

If it is not the full document, you could file a Motion to Strike. You could motion the bill to stricken from evidence because of lack of authenticity. Since it is a variation of the original contract and not a copy of the entire contract it lacks authenticity. Also there would need to be an affidavit to support the bill of sale or add hearsay to the motion.

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How much time did you allow after filing the Motion to Compel, before you filed the Motion to Dismiss? I am at 30 days since I returned my "DEFENDANTS'S FIRST SET OF REQUEST FOR ADMISSIONS INTERROGATOREIS AND REQUEST FOR PRODUCTION OF DOCUMENTS", so thought I would file the Motion to Compel, but didn't know how long I should wait. Or should I file both at the same time?

Thanks for this thread! It's been very comforting to see others in my situation win.

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I filed mine on 3/8 and mailed it to Midland's attys CMRRR and I NEVER got the green card back. So-----------I sent it again via regular mail and priority mail with a signature confirmation. Still no response. I figure some time next month I'll file a motion to compel. I filed a counterclaim for 2 FDCPA violations. If I can get this sucker dismissed w prejudice I'll drop the counterclaim. I'll wait. My SOL is up in October, sooooooo whatever for right now.

However, I am curious about the timing of your question. Let's see what the awesome people on this board have to say. They haven't given me bad advice yet!!!

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How much time did you allow after filing the Motion to Compel, before you filed the Motion to Dismiss? I am at 30 days since I returned my "DEFENDANTS'S FIRST SET OF REQUEST FOR ADMISSIONS INTERROGATOREIS AND REQUEST FOR PRODUCTION OF DOCUMENTS", so thought I would file the Motion to Compel, but didn't know how long I should wait. Or should I file both at the same time?

Thanks for this thread! It's been very comforting to see others in my situation win.

You sent discovery requests 30 days ago? Are you sure they received them? It's not unusual for the Plaintiff to take longer than that to answer. Also, before filing a Motion to Compel, it sometimes looks better to send the Plaintiff's attorney a letter reminding them that you sent requests. You want to show the judge that you're trying to keep as much out of the court as possible.

If your court posts cases online, I'd be sure to keep an eye on my case. Some unscrupulous attorneys might try to sneak in a judgment hearing without letting you know about it.

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I filed mine on 3/8 and mailed it to Midland's attys CMRRR and I NEVER got the green card back. So-----------I sent it again via regular mail and priority mail with a signature confirmation. Still no response. I figure some time next month I'll file a motion to compel. I filed a counterclaim for 2 FDCPA violations. If I can get this sucker dismissed w prejudice I'll drop the counterclaim. I'll wait. My SOL is up in October, sooooooo whatever for right now.

However, I am curious about the timing of your question. Let's see what the awesome people on this board have to say. They haven't given me bad advice yet!!!

Don't forget that a lawsuit tolls the SOL.

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Mid LLC is well-known for FDCPA violations from Robo Signing Affidavits (at the rate of 100-400 per day per Affiant) the list is far too long to list here.......FILE COUNTERCLAIM when you answer, list every violation of FDCPA, FCRA etc. possible let them know they started something out of greed that WILL cost them $, rather than making it, that seems to take the wind out of their sails ASAP

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Thanks all for this forum! I rec'd my summons from Midland 2 days ago and I have already filled out forms and sent them to be checked by a lawyer friend. He was amazed at what I had accomplished in a day, and it's because of the info I gleaned from this forum...y'all rock!!

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until the day AFTER christmas.... just got my summons yesterday.. i'm in oklahoma and after getting divorced last year and being placed on child dupport with very unstable employment, sorry i'm ranting. The point is midland is claiming i have a credit card debt with bank of america for over $2,000. ive read this thread until my eyes have crossed and ive taken 4 maximum strength excedrins. could someone, anyone please help in plain english? i'm not the brightest penny in the fountain (obviously) but i'm begging. i cant afford another attorney after my divorce, (who accomplished NOTHING btw) i dont even see a court date on this summons...... :-( if it isnt one thing its another....

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Type the complaint here word for word. Redact your name and change the amount slightly. Relax, Midland is a "junk debt buyer" who purchases delinquent accounts for about 5%. Their lawyers are awful, they don't know how to fight, and it doesn't pay for them to take on a good opponent. The legal fees will far exceed 2,000 and they just won't do it.

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until the day AFTER christmas.... just got my summons yesterday.. i'm in oklahoma and after getting divorced last year and being placed on child dupport with very unstable employment, sorry i'm ranting. The point is midland is claiming i have a credit card debt with bank of america for over $2,000. ive read this thread until my eyes have crossed and ive taken 4 maximum strength excedrins. could someone, anyone please help in plain english? i'm not the brightest penny in the fountain (obviously) but i'm begging. i cant afford another attorney after my divorce, (who accomplished NOTHING btw) i dont even see a court date on this summons...... :-( if it isnt one thing its another....

If you can take a picture of the summons and upload so people can have a looksy at it.

Be sure to delete your name ..address and account number and change the S amount by a few dollars just in case ..you never know who's reading this board.

Goodluck !

Edited by Thunder-Bolt

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