Served by Midland Funding LLC

[Torment2]

Alright fighting with Midland for quite sometime now and I had my pre-trial in early November. I have posted previously on this link, http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302382&highlight=served+kansas&page=3 and now have decided to start my own thread. Here is where I am at now, I have until Thursday to respond;

I had my pre-trial, and they rescheduled til early next year. The judge asked me if I had any knowlege of the account and I said no and I went on to tell him that I had asked the plaintiff for notarized certified copy of an original contract bearing my signature with the plaintiffs name and all he said was that in the card holder agreement that a signature is not required and if you use the card you are bound to the agreement. He said the plaintiff (midland) had 30 days to send me;

Plaintiff to provide copy of monthly statements (They have the Transaction History but not monthly statements)

Credit card application (They dont have that)

And/or credit card agreements (They sent me the Bank Credit Card Agreement, but doesnt have my name on it.)

within 30 days to defendant.

I have until Thursday to write an objection to statements setting forth in detail why he/she disputes the debt.

My question is how do I write an objection to the statements?

The plaintiff has provided me the following:

1. Statement that they (Midland) purchased the account on 8/2009

2. Assignment of Accounts which has the same date as above that they (Midland) purchased the debt from Jefferson Capitol

3. Transaction History with dates, descriptions, reference #'s, SIC codes, Locations and Amounts

4. The Bank Card Agreement that does not bear my signature.

So how should I reply to this. Please advise.

[BV80]

2. Assignment of Accounts which has the same date as above that they (Midland) purchased the debt from Jefferson Capitol

Was your account number with your name and any other identification verifying the account belongs to you included?

3. Transaction History with dates, descriptions, reference #'s, SIC codes, Locations and Amounts

Was this in the form of statements? What format?

Is this debt within the SOL? If you mentioned it in your original post, I missed it, and I apologize.

[RebelLady]

The plaintiff has provided me the following:

1. Statement that they (Midland) purchased the account on 8/2009

Who made this statement? When was the statement made? Does the statement reference your specific account?

4. The Bank Card Agreement that does not bear my signature.

What is the copyright date on the bank card agreement (usually on the last page down at the bottom)? Was it the bank card agreement that was in effect at the time this alleged account defaulted? Does it define the terms of the account (i.e. interest rate, payments, etc.)?

RL

[Torment2]

Was your account number with your name and any other identification verifying the account belongs to you included?

The Assignment of Accounts DOES NOT have anything referring to my account number or my name on it.

Was this in the form of statements? What format?

The Statement looks like it is in the form of Microsoft Excel or Word. It has the following info:

Statement Date - 4/2010

Debtor Name: ME

Midland Acct #

Current Owner - Midland

Issuer Info

Purchased Date - 08/2009

Original Account Number - Which I think is the Card #

Original Lender - First Bank of Delaware

Balance Info.

Is this debt within the SOL? If you mentioned it in your original post, I missed it, and I apologize.

This is within the SOL.

Please advise and thanks for your help!

[Credithis]

Not good enough. Jefferson Capital is a JDB who buys distressed debts. They have not provided an unbroken chain of assignment from the alledged OC to Midland. They simply provided one from one junk debt buyer to another. Bet it did not even reference your name....

[Torment2]

Who made this statement? When was the statement made? Does the statement reference your specific account?

Midland made the Statement.

Statement was made 4/2010

Statement has the original Account number

But like I said before it looks like it was made in Microsoft Excel or Word.

What is the copyright date on the bank card agreement (usually on the last page down at the bottom)? Was it the bank card agreement that was in effect at the time this alleged account defaulted? Does it define the terms of the account (i.e. interest rate, payments, etc.)?

Copyright Date is 12/07

Bank card agreement in effect at the time this alleged account defaulted?? Dont understand?

Does define the terms of the account except interest rate. The Card agreement does go into detail about "How finance charges are determined based on different variables.

RL

My responses above

[Torment2]

Not good enough. Jefferson Capital is a JDB who buys distressed debts. They have not provided an unbroken chain of assignment from the alledged OC to Midland. They simply provided one from one junk debt buyer to another. Bet it did not even reference your name....

You are correct!

But I need to know how to form my objections based on what they provided me!

[Guest usctrojanalum]

I went on to tell him that I had asked the plaintiff for notarized certified copy of an original contract bearing my signature with the plaintiffs name and all he said was that in the card holder agreement that a signature is not required and if you use the card you are bound to the agreement.

Judge is smart. I keep warning everyone on here that a CC company is not required to provide a written contract/application to prove that a contractual relationship existed.

[BV80]

What Rebel Lady meant about the date on the credit card agreement was that the date on the agreement should be at the same the credit card went into default. Did you default in 12/07? What is the SOL in your state?

3. Transaction History with dates, descriptions, reference #'s, SIC codes, Locations and Amounts

What did the transaction history look like?

You must write an objection to the bill of sale. If there is no bill of sale from the original creditor to Jefferson, there's your 1st objection. Here's some examples of objections:

1. Plaintiff has failed to show that _____ (name of OC) sold a portfolio of accounts to Jefferson Capital. Therefore, there is no connection between Midland and __________ (OC).

2. Plaintiff has failed to prove that any alleged account in the Defendant's name was purchased by Jefferson Capital from _________(OC).

3. Plaintiff has failed to prove that any alleged account in the Defendant's name was included in the portfolio of accounts purchased from Jefferson Capital.

4. Plaintiff has failed to prove ownership of the alleged debt.

5. Plaintiff has failed to provide original statements of the alleged account from __________(OC).

6. Since no original statements of the alleged account have been provided, Plaintiff has failed to prove the accuracy of the balance of the alleged debt or that a balance even exists.

[Torment2]

So I went to my 2nd pre-trial. The Judge runs a pretty informal court so when they called my name I went to the podium, he asked the Midland Funding attorney to give brief as to what was going on with the case to get him up to speed. The last time I was in court the Judge said that the Plaintiff needed to provide; Copy of monthly statements (They have the Transaction History but not monthly statements) and Credit card application (They don’t have that) or credit card agreements (They sent me the Bank Credit Card Agreement, but doesn’t have my name on it.) within 30 days to defendant. Midland attorney sent me the same stuff they did in the beginning of all this which included: Assignment of Accounts (Vague letter saying Midland bought the debt from Jefferson Capitol Systems on September 8th 2009), Statement (Which says Midland bought the debt from Original Creditor on September 8th 2009, THE SAME DATE AS THE ASSIGNMENT OF ACCOUNTS), transaction history of all CC activity with dates, merchants, reference numbers and amounts (Transaction history was printed out from Midland internal system and not from the OC). Anyway the Judge asked the Midland attorney what was going on and she stated that we have provided everything to the defendant, I don’t know what else he needs. The Judge looks at me and asks what are you looking for? I stated that there is no chain of custody and that in the Assignment of Accounts it does not mention my name or an account number so how do I know this is mine or not. Midlands’s attorney asks to see the copy and I read it in her and the Judge;

Jefferson Capital Systems, LLC (“Seller”), for value received, without recourse, assigns, sells and delivers to Midland Funding LLC (“Buyer”), all right, title and interest in and to (i) the Accounts which are described on the relevant Computer File furnished by Seller to Buyer in connection with the purchase of Accounts under the Agreement and (ii) all proceeds and other amounts presently due and owing to become due and owing on such Accounts on and after September 1, 2009.

Each of the obligations of Seller required to be performed by Seller has been duly performed and all representations and warranties of Seller made under the Agreement, dated as of September 5, 2009, between Seller and Buyer (the “Agreement”) are true and correct as of the date hereof.

Capitalized terms used herein that are not otherwise defined herein are defined in the Agreement

Dated: September 8, 2009 JEFFERSON CAPTIAL SYSTEMS, LLC

The Judge says to Midland’s attorney, do you have an Assignment of Accounts with the Account number and the Defendants name? Midland attorney says, no your honor these accounts are bought in a bulk file. Judge says, that is not going to fly, you have 30 days to provide actual assignment or court will dismiss! So this is good news to me (I think), cause I know they won’t have this and case will be dismissed or the Midland will drop it and dismiss it without prejudice, but what should I do now?? Midland has 27 days to reply and I want to be proactive on this and get it dismissed with prejudice, anyone have any advice??

[BV80]

The judge gave them 30 days. You have to give them that time. Read your court rules. If they haven't sent the docs in 30 days or dismissed it on their own...I'd file a MTD.

[SingleDadJames]

Midland has 27 days to reply and I want to be proactive on this and get it dismissed with prejudice, anyone have any advice??

If it's anything like Midland in my case IF they can get the documentation they'll likely wait until the very last day to serve it and then get it to you then.

As for getting it dismissed with prejudice...I'm not sure how possible that is at this point. I don't know the specifics of your case, and it depends on the judge, but getting a dismissal WITH prejudice seems to be pretty difficult. It more or less seems to be reserved for special circumstances, for example if this was the 2nd or 3rd time you've been unsuccessfully sued on this same matter etc.

Of course I've only been at this about 9 months or so...so I'm new to it all as well. IMHO, a dismissal WITH prejudice isn't something the court just hands out under ordinary circumstances. The judge in my case keeps pointing out along the way that any dismissal is likely to be without prejudice. I had the same situation as you. I requested something, they didn't get it to me so the judge ordered Midland to produce certain documentation within 30 days. He said if they failed to do that he would then consider a motion to dismiss WITHOUT prejudice. (And he stressed without )

He's also been careful to point out to me along the way that if I "win" it will likely be without prejudice and in all likelihood the matter will simply be refiled.

Of course I'm not trying to discourage you, just trying to make sure you are realistic in your expectations. That doesn't mean you can't and shouldn't ASK the court to dismiss the case with prejudice. It just means that the odds are the court is going to elect to dismiss without prejudice.

[emode02]

FIGHT MIDLAND WITH EVERY OUNCE YOU CAN MUSTER! These are the scums of the earth and their attorneys and process servers are all in a racket. Don't back down to them... beat them into submission... then go for the jugular.

[SingleDadJames]

FIGHT MIDLAND WITH EVERY OUNCE YOU CAN MUSTER! These are the scums of the earth and their attorneys and process servers are all in a racket. Don't back down to them... beat them into submission... then go for the jugular.

absolutely! I couldn't agree more! Just don't expect a dismissal WITH prejudice without good cause. If you get a dismissal without prejudice, as nasty as Midland is...be prepared for them to refile and to go through it all again.

That's what I suspect will happen in my case!

[emode02]

absolutely! I couldn't agree more! Just don't expect a dismissal WITH prejudice without good cause. If you get a dismissal without prejudice, as nasty as Midland is...be prepared for them to refile and to go through it all again.

That's what I suspect will happen in my case!

I've been offered and given a dismissal WITH prejudice by Midland, yes MIDLAND not the Court.. but that's not all I wanted. I'm not giving up I'm going for the jugular now. They f'ed up, they know it and they are running. I am on their heals.

I do not know what mercy is in this situation. I pray my attorney and the judge have mercy because I sure and the hell won't until I see all involved in federal prison. High hopes I know, but that is the ultimate goal. These rackets have to be shut down and those responsible rightly punished.

Edited February 1, 2011 by emode02

[workingpoor]

He's also been careful to point out to me along the way that if I "win" it will likely be without prejudice and in all likelihood the matter will simply be refiled.

And then he'll be the first one bi***ing that his docket is clogged with CC suits.

[SingleDadJames]

And then he'll be the first one bi***ing that his docket is clogged with CC suits.

lol... I know I was THINKING that and smirking to myself a little bit, but he was also saying MANY things in my favor. One of the most valuable things I've already learned in my short time as a pro se litigant is to STFU when the judge is making things easier for me.

It's totally obvious this judge isn't thrilled with this going to trial. He gave both of us some pretty compelling reasons why we might want to avoid trial...but in the end neither of us is budging. I understand the judge's position...his job prior to trial is really to do little but encourage us to resolve it amongst ourselves. Believe me he is pushing hard for me to settle or for the plaintiff to cave.

[SingleDadJames]

I've been offered and given a dismissal WITH prejudice by Midland, yes MIDLAND not the Court.. but that's not all I wanted. I'm not giving up I'm going for the jugular now. They f'ed up, they know it and they are running. I am on their heals.

I do not know what mercy is in this situation. I pray my attorney and the judge have mercy because I sure and the hell won't until I see all involved in federal prison. High hopes I know, but that is the ultimate goal. These rackets have to be shut down and those responsible rightly punished.

Sweet to see midland offered you a dismissal with prejudice...evidently they DO know they screwed up. My point was mainly that it's not too often the COURT dismisses these matters with prejudice. I have limited experience, but from what I've seen you have to have a compelling reason for the court to dismiss with prejudice on the first go around.

I didn't mean to hijack this thread or try to discourage the OP. I just wanted to point out sometimes a dismissal with prejudice isn't going to happen because you asked, or even because you did a good job pro se.

That being said, I'm hoping we can all put our heads together to come up with examples and good reasons to argue to the court why a case should be dismissed WITH prejudice?

Thoughts or opinions?

[Torment2]

Well I went to my final pre-trial a little over a week ago. I showed up early and listened in on a few cases while playing Angry Bird on my phone, when Midland's attorney came up and asked if she could talk with me out in the hall. Midland's attroney had failed to provide me the "Actual Assignment of Accounts" in 30 days stated by the judge. On this day it was the 41st day without them providing me the documentation. Midland's attorney stated that she had talked with her client and said they did have the documentation but couldn't find it! (Yeah right!) Midland's attorney said that she was going to dismiss the case and recommend to her client that they do not pursue this issue any longer. So we went back into the court room, they called the case and Midland's attorney dismissed the case and I went on my merry way with a WIN!

I would like to thank all of you here that have helped me in my fight against Midland Funding! Without your help and support I would have lost! Thank you sooooo much! For all of you just starting this process and found this sight good luck you are well on your way to winning!

Edited March 22, 2011 by Torment2

[SingleDadJames]

What a bunch of scumbags! I can't believe they file these cases with absolutely NO proof and expect defendants to just roll over and start forking out cash.

Way to stick to your guns and show these d-bags you weren't another one of the dozens of suckers they deal with in your county on a daily basis!

Congrats!

[BV80]

Congratulations!

[formerpara]

I've been following your posts and I too am embroiled with those dirtbags. I filed an amended answer, defenses and was actually able to file a counterclaim with 2 counts. Midland re-aged the account on my CR. I want to see how they explain that one.

If they have no proof of ownership perhaps they might be inclined to dismiss my case. I'm just waiting to see what they do. I doubt they will be able to prove it.

I'm not going to back down no matter how frightening is seems. Congratulations to you for your victories and thank you for inspiring me.

[GTD825]

Congratulations to you with your'e victory with Midland !!!