Going to court against Midland Funding LLC

[GTD825]

1..Who is suing you? Midland Funding LLC (Attorneys Mapother and Mapother PSC)

2..For how much? $1,358.27

3..Who is the Original Creditor? First Consumers National Bank

4..How do you know you are being sued? I received a summons in the mail and went in front of the District Judge 0n March 18th 2011 and he told me I needed to file an answer in the Circuit Clerks Office,which I did on the same date and I wrote on a piece of paper that I denied owing the debt or knowing anything about the Debt in question here and the Clerk put it in my file and I have to go before this same judge on March 25th @ 11:00 AM on this matter.

5..How were you served? Got a summons in the mail

6..What was your correspondence (if any) with the people suing you before you were being sued? I received a Civil Summons from the District Court on October 1st 2009 in which I had 20 days to answer but I didn't answer within that time

7..Where do you live? Kentucky

8..When is the last time you paid on this account? I don't ever remember paying on this account although on the Affadavit it states the date December 31st 2003 as the last payment

9..What is the status of your case? Went before the Judge in District Court on March 18th 2011 and thats when he told me I could file an answer in the Circuit Clerks Office and now I go back before the District Judge on March 25th 2011 on this same case

10..Have you disputed the debt with the credit bereaus (both the Original Creditor and the Collection Agency) No

11..Did you request Debt Validation before the suit was filed? No

12..Does your summons request a responce in writing? No

13..What evidence did they send with the summons? An Affadavit stating Midland Funding LLC was the Plaintiff suing me for the amount $1,358.27

14..What is the SOL on the debt ? I'm trying to figure if its 5 years or 15 years and I am hoping someone can help me with that because I cant figure out which is the correct one..

I know the dates are probably going to be confusing but I didn't answer the Civil Summons in 20 days that they sent me through Certified Mail on October 1st 2009 but the District Judge on March 18th 2011 gave me 7 days to answer in the Clerks Office and I did that denying the charge against me..

I was just wanting to see if this District Judge was giving me a chance a chance to dispute this against Midland Funding LLC since he gave me the 7 days on March 18th 2011 to file an answer..

I'm hoping with all the smart people on this forum that you guys can give me some input on what to expect when I go back to District Court on March 25th 2011 for what is supposed to be a review and I don't have no idea what a review is..All I know is the judge told me to file an answer in which I already have did that and now am due back in Court this Friday @ 11:00 AM I just need some advice on this because I don't know what to expect this week when I go back to court, and also Midland Funding did have an Attorney on my 1st appearance in court on this complaint...I cannot afford an Attorney for thisand need some input on what I should do because I dont want to Default on this if I haven't already..

Thank You Much !!

[nobk4me]

Midland is a JDB, and in KY there is a law that a JDB can't collect more than what they paid for the debt.

[SingleDadJames]

Midland is a JDB, and in KY there is a law that a JDB can't collect more than what they paid for the debt.

Yep..I think the law/rule is: KRS 371.050

More importantly, Midland are a bunch of bottom feeding trolls who buy up junk debt for pennies on the dollar and sue with absolutely ZERO proof.

If it's not your debt FIGHT them. If it is your debt and (you are 100% sure of it) then STILL FIGHT THEM and make them prove they actually own it. A B.S. affidavit from their own employee saying they own the debt isn't going to cut it!

Why should you even shell out the amount they paid for the debt if they can't PROVE they own it?

[BV80]

14..What is the SOL on the debt ? I'm trying to figure if its 5 years or 15 years and I am hoping someone can help me with that because I cant figure out which is the correct one..

If it's a credit card debt, the SOL should be 5 years.

I'm hoping with all the smart people on this forum that you guys can give me some input on what to expect when I go back to District Court on March 25th 2011 for what is supposed to be a review and I don't have no idea what a review is..All I know is the judge told me to file an answer in which I already have did that and now am due back in Court this Friday @ 11:00 AM I just need some advice on this because I don't know what to expect this week when I go back to court, and also Midland Funding did have an Attorney on my 1st appearance in court on this complaint...I cannot afford an Attorney for thisand need some input on what I should do because I dont want to Default on this if I haven't already..

I have no idea what they mean by "review" either. I would read the information on these boards that offer answers and affirmative defenses. That will give you an idea about the JDB industry, and information you might be able to use at the review, if necessary.

Edited March 23, 2011 by BV80

[GTD825]

I just wanted to update everyone that I went to the Circuit Clerks Office today and got a copy of what is in my file....Here is what they have in my file to work with...

Midland Funding,LLC Plaintiff

vs.

My Name Defendent

Motion an Affadavit

For Default Judgement

Counsel for Plaintiff certifies that no papers have been served on counsel by the defendent (s) in default, My name ,and that counsel has conducted a search on Defense Manpower Data Center website and found that said defendent (s) are not now and have not been at any time during the pendency of this action, in the military services of the United States of America, and therefore moves for a default judgement, in the sum of $1,328.57 plus interest at the rate of 8.00 % per annum from December 31, 2003 until date of judgement, then 12.00 % per annum thereafter from the date of judgement until paid,and the further sum of $305.57 attorney's fees pursuant to KRS 286.3-750 and it's court costs, for all of which execution may issue forwith. The Defendent, My Name, was served with a Civil Summons and Complaint in the County where I live in Kentucky on October 01,2009 by process server.

The indebtedness was originally held by First Consumers National Bank, a bank or assignee of a bank organized under the laws of this state or of the United States. Plaintiff has referred this claim to its council, who are not its salaried employees, and plaintiff is entitled to recover reasonable attorney"s fees pursuant to KRS.286.3-750.

The plaintiff's counsel is attempting to collect a debt and any information the plaintiff"s counsel obtains will be used for that purpose and this communication is from a debt a debt collection.

Mapother & Mapother, P.S.C.

As I mentioned before I appeared in District Court on March 18th 2011 and the District Judge gave me 7 days to file an answer, which I did on this same day and I wrote a statement denying that I owed this debt as Midland Funding has said I owed and it was placed in my file in the Circuit Clerks office on that same day..

I received another summons yesterday to appear in District Court again on March 25th 2011.......The summons states on it that the I have until Friday March 25th 2011 to file an answer. If no answer is filed the default judgement will be filed....

My next step is I'm hoping to get some advice on what I might need to do and say when I go to court this Friday..I have already written a statement that I denied owing this debt and really dont know what to expect this Friday iwhen I go to District Court again, I am hoping I can get some good advice from some of the really niceand very smart people that seem to help everyone in any way they can on this forum.....Any advice will be greatly appreciated as I dont want to stick my foot in my mouth and mess anything up in court Friday...

Also in my file is what looks to be a contract from First Consumers National Bank and it has on it EXHIBIT A..........It has highlighted on it Results of Default and what happens if I default.....There are not any statements or documents from anyone and my name isn't signed anywhere on any of these papers....So any help at all on this will be greatly appreciated and I want to thank each and everyone who helps me with this matter as I dont have much time left....Thanks in advance !!

Also where I mentioned review in my other post you can just ignore that because it was to make me aware that I had to have a written answer in

within 7 days and thats done....

Also wanted to mention that this for a credit card...

Edited March 23, 2011 by GTD825

[BV80]

The Defendent, My Name, was served with a Civil Summons and Complaint in the County where I live in Kentucky on October 01,2009 by process server.

October 1, 2009? Were you served then?

[McLovin]

Midland is a JDB, and in KY there is a law that a JDB can't collect more than what they paid for the debt.

Yep..I think the law/rule is: KRS 371.050

That is quite an interesting piece of information there.

Do you happen to know where could I find out if a similar law like that exists in another state, Nevada specifically?

[GTD825]

October 1, 2009? Were you served then?

Yes I was served on October 1st 2009 by Certified Mail but I didn't answer within the 20 days allowed and thats when they took further against me and I was sent another summons on March 15th 2011 to be in District Court on March 18th 2011,,,,,thats when the judge gave me 7 days to file an answer and I filed my answer by denying I owed the debt and I go back to District Court again this Friday March 25th 2011.....I am going to do alot more reading on this forum and hopefully I will get some good advice from a few more people on here as to how I should approach this situation when I go to court this Friday....

AS I stated before there are no statements or documents in my file with the affadavit that has my name anywhere on them..

But I will show up Friday because I won't go into default with Midland Funding,,I really dont have any idea what to expect in court this Friday at 11:00 A.M

Edited March 23, 2011 by GTD825

[fightemdontfold]

The statute you all are refering to has been on the books here since 1942 and it clearly spells out what you have advised.

K.R.S. 371.050 Assignee to aver consideration -- Amount recoverable.

In an action on any assignment of a writing, the consideration for the assignment shall be averred. The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment.

The thing is with Midland, as well as many other JDB's, they can't even produce basic evidence that a target of one of their suits actually is a party to the debt. In my case, I am in KY as well, I have listed KRS 371.050 as a affirmative defense but don't intend to emphasize it until they can prove the debt is mine. The way I see it if you bring up the statute before they have proven the debt, that almost admits that it is your debt. Maybe it is a better strategy to just go with the statute, but you need to try to make an attempt through discovery to inquire about how much they paid for it. Of course they will probably do the same thing they did in my case, they claimed attorney client priviledge and other similar BS. The thing is if you claim it right after the suit, try to dismiss the case or get a judgement the court will probably deny it on the basis of discovery being needed to determine how much they paid for it.

If they decline to reveal how much they paid, then you could probably go for it then. Actually if they admit that they are accruing interest, that would be an admission they are trying to collect more than they paid right there.

You might also want to include language in their relative to your belief that they are purporting fraud upon the court by asking for more than they paid, which would vilate the statute.

Again, I say make them prove the debt is yours before you bring KRS 371.050. I have many other defenses in my case, if your being sued by Midland I am sure you do to, and I am treating the statute as a trump card of sorts, will only play it if needed.

[fightemdontfold]

Mclovin, I don't know of any other state with a similar statute, KY seems unique in that respect. Never was I happier to be a Kentuckian when I found out about it.

Also to the original poster, make sure you do list the statute as an affirmative defense. Even though my advise to you was to only bring it up if needed, you should list it as a defense from the outset or you may not be able to bring it up down the road.

But again, especially with Midland who never seems to have any proof,I say make them prove their claims before you try to apply the statute, I doubt they will even be able to provide anything that shows what they paid as these junk debts are bought by the bundle and are sold as a group, but in the event they can, why even pay the pennies on the dollar they paid for it unless they can prove their claims. You would also probably have to pay their attorney fees too, true not close to what they are probably trying to get out of you but why pay them a dime if you don't have to.

[GTD825]

Mclovin, I don't know of any other state with a similar statute, KY seems unique in that respect. Never was I happier to be a Kentuckian when I found out about it.

Also to the original poster, make sure you do list the statute as an affirmative defense. Even though my advise to you was to only bring it up if needed, you should list it as a defense from the outset or you may not be able to bring it up down the road.

But again, especially with Midland who never seems to have any proof,I say make them prove their claims before you try to apply the statute, I doubt they will even be able to provide anything that shows what they paid as these junk debts are bought by the bundle and are sold as a group, but in the event they can, why even pay the pennies on the dollar they paid for it unless they can prove their claims. You would also probably have to pay their attorney fees too, true not close to what they are probably trying to get out of you but why pay them a dime if you don't have to.

I have alot of stuff written down and I do have KRS. 371.050 written on my rough draft right now but I will have to go back through all the things I have written down and put them in order some way and KRS 371.050 will be on my list...I still hope I get alot more info from here as my time is getting closer to going back to court...I'm hoping between now and tomorrow evening I can come up with some more good info to take to court with me this Friday..

[BV80]

Here's a court case that ruled the SOL in KY is 5 years. I can't find the document online. Perhaps you have time tomorrow to go to a law library.

Commonwealth of Kentucky, Calloway County, First Resolution v. Todd, Case No: 07-C-00725.

[GTD825]

Here's a court case that ruled the SOL in KY is 5 years. I can't find the document online. Perhaps you have time tomorrow to go to a law library.

Commonwealth of Kentucky, Calloway County, First Resolution v. Todd, Case No: 07-C-00725.

Thanks very much and I'll try my best to go to a law library tomorrow.....I probably will be on here most of this night trying to find out alot of other information to try and be prepared for this Friday...

[BV80]

Check out the following thread. The poster is from KY and was sued by Midland. The post provides some KY statutes and case law he used in the case.

http://www.creditinfocenter.com/forums/showthread.php?t=304704

[GTD825]

I just want to take the time to thank everyone that has helped me by posting and giving me some much needed information so far.. I have only been in court 1 time before this and it was when my 25 year old son was murdered on March 15th 2006.....So if anyone can find or know any other information I might be able to use please let me know and again thanks to all of you people that have helped me with youre useful information so far. I better get back to reading some more now and try to learn some more about the situation I'm dealing with..

[fightemdontfold]

Just take heart in knowing that if you do all the paperwork properly, filing an anwser, sending off and anwsering discovery, and execute other filings properly as needed, you don't need to be worrying about performing as a "slick lawyer" would in court, as long as you properly understand how what your filing applies to your case.

You can also be happy in knowing that one of the most comical JDB's of all is suing you, they rarely have what is needed to prove their claims and educating yourself on here will give you more than enough information to properly counter them.

Many JDB's will not even take the thing to court once they see it is being opposed, I filed an anwser to my suit 4 months ago and I have only been in court for hearings to motions I have filed, I am still waiting for even one piece of documentation too.

Midland cases, from what I have read, seem to end up in court eventually but again, there are many accounts on here of them losing when confronted with people who know their rights.

[hopefulscambeater.]

Here's a court case that ruled the SOL in KY is 5 years. I can't find the document online. Perhaps you have time tomorrow to go to a law library.

Commonwealth of Kentucky, Calloway County, First Resolution v. Todd, Case No: 07-C-00725.

WRITTEN CONTRACTS - 15 years, anything Midland bought would be FIVE years, it's SOL (and be SURE to list that as an affirmative defense citing the Todd case) Be sure to file a counterclaim (at the bottom of your answer/ affirmative defense) violation of SOL and FDCPA for starters , also violation of KRS 371.050

[formerpara]

I believe you can type the case name into google scholar and print it out. I've used it before.

[GTD825]

There is only 1 thing right now that has me a bit confused about my case tomorrow and its :: EXHIBIT A that was sent with the affadavit in the mail..

EXHIBIT A : Its a First Consumers National Bank Credit Card Agreement and up in the top left hand corner it has a date there 08/18/2006 and it was faxed at 8:25... My signature is not on Exhibit A anywhere and I know for a fact they don't have my signature signed on anything else they have..I would just like some input on what I should say about this when it is brought up by by their attorney because Exhibit A is the only thing they have and like I said it doesn't have my signature on it anywhere...Any input with this will be greatly appreciated. Thanks in advance !!

[BV80]

A cardmember agreement would not have your signature. It's simply the terms and conditions of your card. It's sent to all card holders. It's not specific to one person. You mentioned it's dated 8/18/2006. Is that around the date the card went into default?

[GTD825]

A cardmember agreement would not have your signature. It's simply the terms and conditions of your card. It's sent to all card holders. It's not specific to one person. You mentioned it's dated 8/18/2006. Is that around the date the card went into default?

They have listed that the last payment was made on December 20th 2003 if that makes any sense at all kind of has me confused,,,hoping maybe you smarter guys can help me figure it out.

Edited March 24, 2011 by GTD825

[BV80]

They have listed that the last payment was made on December 20th 2003 if that makes any sense at all kind of has me confused,,,hoping maybe you smarter guys can help me figure it out.

If THEY state the last payment was 12/2003, the cardmember agreement they provided does not apply. A 2006 agreement wouldn't apply to an account that went into default in 01/2004.

Cardmember agreements can be amended from time to time. The agreement they should have sent you would be dated around the date of default. How do they know there weren't changes in the agreement between 01/2004 and 08/2006?

If this JDB is not the first buyer, do you know when the account was first sold?

[GTD825]

If THEY state the last payment was 12/2003, the cardmember agreement they provided does not apply. A 2006 agreement wouldn't apply to an account that went into default in 01/2004.

Cardmember agreements can be amended from time to time. The agreement they should have sent you would be dated around the date of default. How do they know there weren't changes in the agreement between 01/2004 and 08/2006?

If this JDB is not the first buyer, do you know when the account was first sold?

I really appreciate your answer on this and maybe Midland Funding didn't think that I would catch on to the 2006 date that they put on there. So do you think that agreement with the 2006 date will be good for their attorney to pull out on me and when he does do you think I should object to that and point the date out that they have on there ? Thanks much for helping me with this as I surely appreciate it...I have to be in court at 11:00 AM tomorrow and you have helped me out alot on this.

[McLovin]

Good Luck tomorrow.

Whatever happens, keep us posted.

I'm just getting started with Midland. This thread, along with others are the ones that I am intently watching.

[GTD825]

Good Luck tomorrow.

Whatever happens, keep us posted.

I'm just getting started with Midland. This thread, along with others are the ones that I am intently watching.

I will surely keep everyone updated on this matter as they have sure been alot of help to me.