Jump to content

Midland Funding llc


Recommended Posts

Sly thought there, the JDB suing me was involved in a class where they had to pay out $800,000. The conduct of these JDB's should be considered when they try to prey on the next guy, but I am not sure if the court would consider that.

I can almost assure you they would object to the question as irrelevant. I actually asked the JDB that in my discovery, but it was just reversing a question they sent to me, they asked me if I had been involved in any action where I was the plaintiff. Actually you might want to confer with folks on here and make sure that doesn't violate rules to ask if they were a defendant in any case, I didn't ask that as I didn't want to violate any discovery rules, I figured reversing their question would leave me in the clear there.

Link to comment
Share on other sites

I can almost assure you they would object to the question as irrelevant.

Yep!

I asked Midland to admit they had been found guilty of using false affidavits to collect debt in Ohio..as well as some details surrounding that case and similar cases where they were in "hot water".

They will absolutely object to these questions as irrelevant. I was more interested in pointing out to the judge what dishonest douchebags they are in the event the judge reads Discovery. I was certainly going to argue these things at trial.

I doubt I would have gotten far with it. I just can't wrap my skull around why on earth the Plaintiff's previous and RECENT track record of fraudulent debt collection activity with false affidavits wouldn't be relevant in a debt collection lawsuit 12 months later using affidavits :roll:

Link to comment
Share on other sites

Just wondering if it would be a bad idea to include in productions Admit or Deny Midland has been involved in a class action suite and settled in Feb.2011 for not following rules?

I'm not sure that would be allowed. It would be the equivalent of a JDB claiming in their Complaint that the defendant has been sued by such and such company and settled or had a summary judgment against him.

Link to comment
Share on other sites

this would probably be relevant in determining the amount of liability if you had claims or counterclaims against the person you are suing. shows that they enjoy breaking the law and they need more punishment or a higher amount to deter this behavior.

Link to comment
Share on other sites

  • 4 weeks later...

Hey All,

Anyone have any ideas on how to defend the answers received from Midland Funding, re answers to Admissions....

Question Admit Plaintiff purchases defaulted debts for small percentage of the original balances.

Answer Objection as the amount of consideration paid by plaintiff for the account is irrelevant, and not reasonably calculated to the discovery of admissible evidence.

Request for Production. The alleged credit application from Chase Bank USA, N.A./WAMU bearing the Defendant's signature.

Response: On information and belief the signed application is no longer available.

Ok if that is the response, how can there even be a case??? I am at a lost.. Can anyone offer any opinion.

Link to comment
Share on other sites

Hey All,

Anyone have any ideas on how to defend the answers received from Midland Funding, re answers to Admissions....

Question Admit Plaintiff purchases defaulted debts for small percentage of the original balances.

Answer Objection as the amount of consideration paid by plaintiff for the account is irrelevant, and not reasonably calculated to the discovery of admissible evidence.

Request for Production. The alleged credit application from Chase Bank USA, N.A./WAMU bearing the Defendant's signature.

Response: On information and belief the signed application is no longer available.

Ok if that is the response, how can there even be a case??? I am at a lost.. Can anyone offer any opinion.

Unfortunately the amount they paid for the debt is irrelevant at this point. It would be much more relevant if this were a state like KY where they might be limited to collecting only what they paid. If you push the issue further and attempt to find out what they paid they'll object to it as privileged information.

They do NOT need a signed contract or application. In fact there is probably case law that indicates a copy of a signed application only needs to be saved for so long. It's very common for them NOT to have the application.

Showing that you accepted the terms of the credit card agreement by using and/or authorizing use of the card and by paying the monthly statements in the past (or failing to timely object to them) is often all they need to do.

However IF they can't prove they legally own the specific alleged debt being sued on...none of that should matter anyway

Link to comment
Share on other sites

Showing that you accepted the terms of the credit card agreement by using and/or authorizing use of the card and by paying the monthly statements in the past (or failing to timely object to them) is often all they need to do.

Which would require they have copies of your prior credit card statements right? Or a sworn statement by an employee of the Credit company?

What is the minimum they would have to provide the court to substantiate their allegation?

Typically they usually have little more than a single sheet of paper with your name, dob, ssn, address and a dollar amount. If this is all they have how do they show/prove an account even exhisted? Is a simple sheet of paper with basic identifiers and a dollar amount enought to validate an account's exsistance?

Could you argue before the judge that you never had an account with whatever credit card company they are alleging and ask for any proof showing the alleged account belonged to you in the first place (other than a sworn statement by one of the Collection Agencies employees)? Can you ask for proof as to how the alleged amount was arrived showing charges, late pay fees, interest, etc???

Link to comment
Share on other sites

Guest usctrojanalum

For a JDB to be successful, I would say they would need copies of statements with copies of payments made on those statements and an affidavit from someone at the OC with personal knowledge of how the OC keeps their records to authenticate the statements. Then a valid bill of sale which can easily identify the individual account of the debtor was transfered to JDB - with another affidavit from the OC describing the process of how the transaction went down.

This is why JDB's should have a problem winning when contested. How the hell could they possibly come up with all of that info?

Link to comment
Share on other sites

For a JDB to be successful, I would say they would need copies of statements with copies of payments made on those statements and an affidavit from someone at the OC with personal knowledge of how the OC keeps their records to authenticate the statements. Then a valid bill of sale which can easily identify the individual account of the debtor was transfered to JDB - with another affidavit from the OC describing the process of how the transaction went down.

This is why JDB's should have a problem winning when contested. How the hell could they possibly come up with all of that info?

Forgery is what I suspect is going on in one of my cases.

Link to comment
Share on other sites

Which would require they have copies of your prior credit card statements right? Or a sworn statement by an employee of the Credit company?

What is the minimum they would have to provide the court to substantiate their allegation?

Typically they usually have little more than a single sheet of paper with your name, dob, ssn, address and a dollar amount. If this is all they have how do they show/prove an account even exhisted? Is a simple sheet of paper with basic identifiers and a dollar amount enought to validate an account's exsistance?

Could you argue before the judge that you never had an account with whatever credit card company they are alleging and ask for any proof showing the alleged account belonged to you in the first place (other than a sworn statement by one of the Collection Agencies employees)? Can you ask for proof as to how the alleged amount was arrived showing charges, late pay fees, interest, etc???

Well the OP was wanting to know how a case could go on with no signed cc application. I was simply pointing out that a signed credit card application often isn't needed. A lot of people think if the plaintiff doesn't have a copy of the signed cc application it's game over at that point. It's not.

Sure you can ask for it...they probably can't provide it...but it doesn't matter because most often they don't need it anyway. An OC or a junk debt buyer do NOT need to have a copy of a signed credit card application. You can ask for it...you can argue they don't have it...but everyone needs to understand the plainitiff does not NEED it to win. Does it make winning a breach of contract claim more difficult if they don't have one? I'm sure it does. Do they have 90 ways around not having a signed cc application? You bet. They can order cc statements. They can question the Defendant under oath about usage of the card, they can subpoena info, they can ask the defendant to produce proof for them.

If challenged the Plaintiff is absolutely is going to have to prove they own they debt. With a junk debt buyer plaintiff in a truly fair court you can could fully admit the debt is yours and the amount claimed due is correct. The Plaintiff would still would need to prove they own the debt if you are arguing they might not be the real party in interest.

Of course you can argue all of the things you asked about. If the defendant argues effectively and jumps through all the correct hoops in a fair court they absolutely are going to have to cough up some authenticated proof beyond their own employees statement. I was really just trying to point out to the OP how the case can go on w/o a signed cc application: They don't need it.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.