mom23teens

Starting my fight against Midland via BHLM attorneys

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Last night I got a heck of a surprise when a car came pulling around my private posted No Trespassing driveway and ignored the Keep Out/Beware of German Shepherds Signs and my hubby's parked for the night police car. Very brave and determined process server to stand there with three trained guard dogs snarling at him through the patio door!

So, I get served with papers and the process server pointed out to me that if I wanted to make payment arrangements before the courtdate to please call the attorneys office listed on the front. After I spent a few dumbfounded minutes reading over the papers and trying to figure out who in the heck this was I headed straight to the internet to start googling.

I can't thank the people on this board enough for the information and the tools to fight these people.

So, background info, I'm in SOUTHERN IL....evidently Cook County does things a lot differently than our 1st Judicial Circuit Court down here. I received a summons to appear on Jan 31st. I'm being sued by Midland Funding via their attorneys Blatt, Hasenmiller, Leibsker and Moore out of Normal, IL over a Chase Bank USA, N.A account that was charged off in Oct 2007. They have attached the affidavit signed by a Jeannie Loehrer from St. Cloud MN that I know from reading this board is just a bunch of garbage. Following advice on this board I pulled my credit report today to double check the information and it was reported as Charged Off by Chase then it was reported and added on 12/10 to my file that Midland Funding, a factoring company with a past due balance of $4,360.00.

So, I'm starting off my fight today and I thought I would post updates along here if anyone is interested in my battle. I'm searching for a debt validation letter to fire off to them. Along the bottom of the summons, complaint and affidavit it states that "THIS COMMUNICATION IS FROM A DEBT COLLECTOR".

Once again, thanks everyone that has posted to this board. I feel like I stand a chance and I'm not totally alone. I'm hoping they will quickly give up the fight when I fight back and when they realize I don't work outside of the home due to a medical condition and have no income. I'm not afraid of a property lien since we don't ever plan on selling or moving. The embarrassment of being publically sued and going to court sucks since we know most everyone around our courthouse due to the hubby's job position. :oops: So....anyone else going through it right now...I commiserate! Great way to start the New Year huh? ;-)

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Good luck to you! Forget about the DV letter though. File a written answer if you are allowed to but make sure you sure up on the 31st and deny the debt. I think from my experience on this board, in Illinois a written answer is allowed but not required. There are some people from Illinois who post on this board who can give you better advice.

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I'll be interested to hear how you make out. I am also in 1st BHLM (C@p!) Yup, it's a different world down here LOL. Our little courthouse only has one courtroom. Quite a difference from when I lived in the 16th.

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This seems to be the classic Chase bank issue that has now made news. I am going to post on a new thread but somehow this may be used for a stronger defense than just the usual

There is evidence that Chase “robo-signs” debt affidavits and those computer records of Chase are incorrect and can not be relied upon.

Linda Almonte, a former employee of JPMorgan Chase alleges that Chase committed "grotesque and illegal practices involving its credit card debt processes, including robo-signing." Almonte is reported as a Chase executive who supervised employees across the litigation and post-judgment functions.

She filed a whistleblower complaint with the Securities and Exchange Commission of November 30, 2010 (attached).

Linda Almonte reports that she has "a large volume of documents" as well as her first-hand observations to prove Chase Bank routinely created false credit card affidavits.

In support of my defenses I plan in Discovery to establish:

1) Chase Bank employees that signed affidavits, knew that many accounts had incorrect and overstated balances.

2) Chase Bank executives mass-executed thousands of affidavits in support of Chase Banks collection efforts and those Chase Bank executives did not have personal knowledge of the facts set forth in the affidavits.

3) Chase Bank computer records are not reliable based on information and believe that senior Chase Bank executives instructed Chase Bank employees remove important information and data from Litigation Accounts because the retention of the information would have resulted in increased computer hardware costs. Both types of record destruction rendered the accounts inaccurate.

4) Chase Bank based on information and belief, Affidavit Signers work through at times 3-feet tall stacks of Judgment Affidavits at once during weekly multi-hour long, non-related company meetings. The notaries were not present at these meetings. The Affidavit Signers simply relied on hourly workers to reconcile amounts owed and then treated the actual execution of the affidavits as busy work to be performed while the Affidavit Signers could focus on other matters."

5) Chase Bank had a number of "legacy" databases that were not well integrated. It is reported that

Ms. Almonte determined that as many as 20% of the Judgment Accounts failed an internal test to check

for accuracy."

http://www.dailyfinance.com/story/company-news/chase-sec-whistleblower-complaint-credit-card/19768015/

http://www.scribd.com/doc/45546777/Almonte-SEC-Letter

http://www.nytimes.com/2010/11/01/business/01debt.html?_r=1&pagewanted=all

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I recommend that you read this recent article from the Wall Street Journal in its entirety, especially the last five or so paragraphs. It pertains to Midland. I don't have enough blogs to use the link feature yet, but here is the link you can copy and paste into your browser: online.wsj.com/article/SB20001424052702304510704575562212919179410.html

This talks about the fraudulent way Midland creates its affidavits, and should give you support in striking theirs.

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Thanks for the advice and the links. I'm going to read them as soon as this post is finished. I'm beginning to wonder if I should look into hiring an attorney to do this for me. Very nervous about doing this. ;-) If anyone can recommend an Illinois licensed attorney who handles this stuff I'd really appreciate it!

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I am up against all the same players. I go to court tomorrow- I filed a motion to dismiss and will argue their affidavit is hearsay.

Let you know how it goes

Edited by ripple

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I am up against all the same players. I go to court tomorrow- I filed a motion to dismiss and will argue their affidavit is hearsay.

Let you know how it goes

Is that part of your trial or is this before trial?

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Here is a link to a website that contains all of the court documents filed in State and Federal Court in the case Almonte vs JP Morgan Chase including the sale agreement of the debt portfolio she refused to participate in was then terminated and Chase still sold it. You may want to think of contacting or having your attorney contact her attorney listed on this site perhaps they could provide you with expert witness testimony if any part of you case is relevant. If you don't have an attorney you may want to contact NACA their attorney's are familiar with the case. Just google NACA..

This won't let me put in the links so for the site with the court documents and attorney information just Google Linda Almonte Legal Morass

Good Luck

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