caseyray

8 Steps to Crush Midland Funding

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IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA

MMIDLAND FUNDING LLC

PLAINTIFF

VS

JOHN DOE

DEFENDANT

ALIAS SUMMONS

YOU HAVE BEEN SUED BY THE ABOVE NAMED PLAINTIFF AND YOU ARE DIRECTED TO FILE A WRITTEN ANSWER TO THE ATTACHED PETITION IN THE COURT AT THE ABOVE ADDRESS WITHIN THIRTY FIVE DAYS AFTER SERVICE OF THIS SUMMONS UPON YOU EXCLUSIVE OF THE DAY OF SERVICE. WITHIN THE SAME TIME, A COPY OF YOUR ANSWER MUST BE DELIVERED OR MAILED TO THE ATTORNEY FOR THE PLAINTIFF. FAILURE TO RESPOND, IN WRITING, WITHIN THIRTY FIVE DAYS, WILL RESULT IN DEFAULT JUDGEMENT BEING ENTERED AGAINST YOU.

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NO REQUEST WILL BE MADE TO THE COURT FOR JUDGEMENT UNTIL THE EXPIRATION OF 35 DAYS AFTER YOUR RECEIPT OF THIS PETITION AND SUMMONS. IF YOU DISPUTE THE DEBT AND/OR REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IN WRITING WITHIN THE 35 DAY PERIOD THAT BEGINS WITH THE RECEIPT OF THE PETITION AND SUMMONS, ALL COLLECTION EFFORTS, INCLUDING THIS LAWSUIT, WILL CEASE UNTIL WE SEND YOU THE REQUESTED INFORMATION.

ISSUED THIS 15 DAY OF DEC 2011

THIS SUMMONS WAS SERVED ON THE (TOTALLY BLANK) DAY OF (TOTALLY BLANK), 20 (TOTALLY BLANK) YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STated IN THE SUMMONS

END OF PAGE 1.......

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NO REQUEST WILL BE MADE TO THE COURT FOR JUDGEMENT UNTIL THE EXPIRATION OF 35 DAYS AFTER YOUR RECEIPT OF THIS PETITION AND SUMMONS. IF YOU DISPUTE THE DEBT AND/OR REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IN WRITING WITHIN THE 35 DAY PERIOD THAT BEGINS WITH THE RECEIPT OF THE PETITION AND SUMMONS, ALL COLLECTION EFFORTS, INCLUDING THIS LAWSUIT, WILL CEASE UNTIL WE SEND YOU THE REQUESTED INFORMATION.

ISSUED THIS 15 DAY OF DEC 2011

THIS SUMMONS WAS SERVED ON THE (TOTALLY BLANK) DAY OF (TOTALLY BLANK), 20 (TOTALLY BLANK) YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STated IN THE SUMMONS

END OF PAGE 1.......

Start your very own thread so people don't have to weed thru this thread. It will make it easier for people to help you.

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PETITION FOR INDEBTEDNESS

COMES NOW THE PLAINTIFF AND FOR CAUSE OF ACTION AGAINST THE DEFENDANT ALLEGES AND STATES:

1. UNLESS YOU, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, WE WILL ASSUME THE DEBT TO BE VALID. IF YOU NOTIFY THIS LAW FIRM SATAN, DE ELZABUB, AND A JACKAL IN WRITING, WITHIN A THIRTY DAY PERIOD, THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, OUR LAW FIRM S DE AND J WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL A COPY OF THE VERIFICATION TO YOU. UPON YOUR WRITTEN REQUEST WITHIN YOUR 30 DAY PERIOD, OUR LAW FIRM S DE AND J WILL ALSO PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT THEN THE CURRENT CREDITOR THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.

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hang in there, things will get better with time and patience. stay focused and positive you are going through a difficult time.

i was recently sued by the same midland funding i reside in rhode island. i appeared in court the judge never called my name so i went to the attorney afterwards informing him of my medical issues and he told me to mail it to his office. i faxed and mailed the information to him with no response. unfortunately, i did not send it certified but did leave a voice mail the other day after receiving my credit report that reflected a judgement against me....can someone tell me what to do. i must admit i am one to talk because i received my credit report on 11/30/11 discovered this forum and feel motivated to get started but must admit it is a little overwhelming with all the information.

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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!!!

Can you please detail what the 2 FDCPA violations were because I am being sued by Midland too. I would like to check and see if they made violations on my case. Also, what violations would be because of them robo signing? Thanks.

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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.

I have read many of your posts. You are in impressive! I to am being sued in NJ by Midland LLC and their lawyers are Pressler and Pressler. I wish I found you guys sooner. To get everybody up to date so I can get advice I will give you guys the short of the long.

I received a Civil Action Complaint and I answered The Civil Action Answer " I am not aware of an outstanding bill by XXXXXX or the current owner Midland Funding LLC. I would like either entity to provide evidence of the outstanding bill in the amount of $8000.00. (This is before I found this site.) Was that a good answer?

Then I received Interrogatories and Request for Admissions to be answered. Their letter said "TO BE ANSWERED WITHIN 30 DAYS AND RETURN TO THIS OFFICE".

I answered them both with answers that I found on the site. Most of them from Leagle Eagle I believe. I mailed them on the 29th day of the 30, Certified and return receipt. I just got the green card back today(12/28/11) and a seperate letter from Pressler & Pressler saying "I would appreciate receiving cerified answers to the Interrogatories within ten days from the date of this letter, or pursuant to R. 6:4-6, your continued non-compliance will result in an appropriate Motion being made without further attempt to resolve the matter.

Please do not make this necessary.

Very truly yours, xxxxxx xxxxxxx

WTF!!!! I almost jumped out of my skin today when I read it. My question is do I reply to this dummy and tell him I have the letter that said I have 30 days or just move on and send out the Request for production letter? Or send my own Interrogatories and request for admissions? Or countersue? If so, what bases? Guys, I can scan and post all docs if I need to, but that was the short of the long. Whats the next logical step here? Thanks to everyone that has read this and is willing to spend there time replying to my questions, I do appreciate it. I am a single father of 2, doing it on my own. THANK YOU!

Edited by dbock10

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I have read many of your posts. You are in impressive! I to am being sued in NJ by Midland LLC and their lawyers are Pressler and Pressler. I wish I found you guys sooner. To get everybody up to date so I can get advice I will give you guys the short of the long.

I received a Civil Action Complaint and I answered The Civil Action Answer " I am not aware of an outstanding bill by XXXXXX or the current owner Midland Funding LLC. I would like either entity to provide evidence of the outstanding bill in the amount of $8000.00. (This is before I found this site.) Was that a good answer?

Then I received Interrogatories and Request for Admissions to be answered. Their letter said "TO BE ANSWERED WITHIN 30 DAYS AND RETURN TO THIS OFFICE".

I answered them both with answers that I found on the site. Most of them from Leagle Eagle I believe. I mailed them on the 29th day of the 30, Certified and return receipt. I just got the green card back today(12/28/11) and a seperate letter from Pressler & Pressler saying "I would appreciate receiving cerified answers to the Interrogatories within ten days from the date of this letter, or pursuant to R. 6:4-6, your continued non-compliance will result in an appropriate Motion being made without further attempt to resolve the matter.

Please do not make this necessary.

Very truly yours, xxxxxx xxxxxxx

WTF!!!! I almost jumped out of my skin today when I read it. My question is do I reply to this dummy and tell him I have the letter that said I have 30 days or just move on and send out the Request for production letter? Or send my own Interrogatories and request for admissions? Or countersue? If so, what bases? Guys, I can scan and post all docs if I need to, but that was the short of the long. Whats the next logical step here? Thanks to everyone that has read this and is willing to spend there time replying to my questions, I do appreciate it. I am a single father of 2, doing it on my own. THANK YOU!

It's possible that their letter to you crossed with your response.

But regardless what any plaintiff does, you MUST send your own requests for admissions, rogs, and docs. Otherwise, you have no evidence. Ideally, you send yours immediately after answering or at the same time. Get them out ASAP - like tomorrow. You can probably expect a MSJ in the mail from P & P very soon.

Be cautious in believing your contact at P & P is a dummy. They have some clout in the NJ courts, so take them seriously. They send a lot of correspondence. Stay on top of your case and check the public access records daily for any action on your case. And stay on top of P & P. They are snakes in the grass.

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It's possible that their letter to you crossed with your response.

But regardless what any plaintiff does, you MUST send your own requests for admissions, rogs, and docs. Otherwise, you have no evidence. Ideally, you send yours immediately after answering or at the same time. Get them out ASAP - like tomorrow. You can probably expect a MSJ in the mail from P & P very soon.

Be cautious in believing your contact at P & P is a dummy. They have some clout in the NJ courts, so take them seriously. They send a lot of correspondence. Stay on top of your case and check the public access records daily for any action on your case. And stay on top of P & P. They are snakes in the grass.

I have seen so many list of questions that I should ask here for Admissions, rogs, and docs. Is their one posting that you our aware of, that I should should be looking at to use as my Admissions, rogs, and Docs. Basically, a one stop shopping post that I can make my own and send out tomorrow?

Thanks You

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I have seen so many list of questions that I should ask here for Admissions, rogs, and docs. Is their one posting that you our aware of, that I should should be looking at to use as my Admissions, rogs, and Docs. Basically, a one stop shopping post that I can make my own and send out tomorrow?

Thanks You

I can't say there is one place to go. There are no doubt a ton of links. This link is in the stickies in the legal forum: http://www.creditinfocenter.com/forums/there-lawyer-house/307901-iterrogatories-utilize-when-dealing-oc-jdb.html

Do a search in the forum for admissions, production of dosc, etc.

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And check out this NJ attorney's site. He has posted some of his debt collection filings on his site. Gives you a feel for the process.

http://www.philipstern.com/Cases.html

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And check out this NJ attorney's site. He has posted some of his debt collection filings on his site. Gives you a feel for the process.

So, I should skip sending them any ROGS and Admissions for them to answer and go right to sending Production of Docs?

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And check out this NJ attorney's site. He has posted some of his debt collection filings on his site. Gives you a feel for the process.

So, I should skip sending them any ROGS and Admissions for them to answer and go right to sending Production of Docs?

No, send any and all that the rules allow you to send, depending on your case and the amount involved. Be sure you read the NJ civil rules. Can't rely on just the info here.

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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

I really want to pursue this strategy, as a deterrent, as i dont really have the resources to file a counterclaim-- their whole business is all about greed and some honeypot of naive consumers' legally unprepared defaults and their predatory abuse of the court system, it's pretty blatant what they do is wrong.

I just sent some discovery while they are offering to settle, but do I tell them on the phone or in writing that "hey you may get nothing from this, in fact you may actually end up paying a penalty, so why don't you accept this my final offer" and then counteroffer something much lower than their 50% usurious gouging...like 1800.00 for 5k debt

or do they think they have me by the cojones since i admitted to the OC credit card debt?

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Nice and organized!   ::punk:: 

Looks like links are broken (files not found).   Anyone ReUp these??  Also anyone use these in Texas?

 

 

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.'

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This is a 3 year old thread with links to a third party site...I'm not sure I'd rely on info presented here, and there is nothing we can do to repair the links.

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Hello,

Templates have been removed due to inactivity. I will soon re-upload templates and edit the hyperlinks in OP. Sunsequently, I will timely post a respective notification. If you have further questions you may contact me at:

caseyhirschman@g.harvard.edu

Warm Regards,

Casey Hirschman

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Hi Everyone.  Quick Question I hope you super smart people can assist. 

 

I had Suttell & Hammer serve me in March of 2012 with a Summons & Complaint for Midland Funding.  I answered with Affirmative Defenses.  I've had alot going on in my life over the last few years and not until I just did a complete overhaul of ALL activity on the account (Target National Bank) did I see that prior to be served the Summons & Complaint I had made a few arrangments for payments with Midland Funding. Ugh.  

 

I have been served in May 2014 now with Summary Judgment WA state and want to know if I have any good defenses since I have made payments on said account.  I would love to fight this and would have a great time and probably get the case dropped if not for good then temporarily but I think the case is threatened by my payments made to Midland.  

 

Anyone able to assist me on how to proceed? Its for $7500.  orginal creditor is Target. Then to Midland and now it's in the hands of the low life attorney's of Suttell and Hammer. 

 

I need to do something soon as my time to respond is nearing..  Hearing is 7.11.2014 

 

Thank you so much!!!!! 

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@shellieh98  Hi Shellie! No I didn't sign anything.  Just made a couple of arrangements. then stopped. But, really the only thing I don't have in my favor is the payment's made. I was going to start a new thread but couldn't find the area to do so.. it's been a long week! ugh.. it's  probably right in front me. lol

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Go to is their a lawyer in the house forum, then look on the upper right, there is a new topic button

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