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JDB is sueing me and I need advice


Jimmytheweed
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A process server came to my home while I wasn't there but my girlfriend was. She is not a resident but was waiting for me to arrive. She did not answer the door and the server left before I arrived. The next day I did a public record search and found that a local firm was representing Midland Funding for a charged off CC account. I have read for weeks about Midland and the local firm. The problem is...funny that this is a problem...they still have not served me. I am on a time contraint because I make the majority of my income in the summer and I want to be around to show up at trial. I sent a DV letter to the Law firm and copied Midland Funding. I received a copy of a motion that was filed with the court titled "motion of filing". It lists the contents. 1. defendants answer, 2 Statements 5/2008-10/2009 and the acount number, 3. Bill of sale, 4. Affidavit of sale of Account By original Creditor. So they are treating my DV letter as my answer but, I was never served, I didn't file it with the court and it had no mention of the case number I only sent it to the attorney and Midland. I sent a letter and a more extensive DV to the attorney and filed it with the court stating that I have no knowledge of the summons so I couldn't possibly answer it properly and I stated the Florida Rules of Procedure outlining what SHOULD have taken place. I demanded that they amend their filing. I am not sure what to do next as I would like to file my answers, affirmative defense and interrogatories but I have no idea what are the grounds of the complaint. I know I can take a guess but I want to be specific with my answers and defense. Also, the affadavit and the bill of sale have no mention of a specific account number or my name and the sale date is left blank. The only date that exists is the date that the affidavit was signed and notarized. I am in Broward county Florida and the debt is said to be between $5,000 and $15,000 and the suit is filed in civil court. Any advice would be appreciated.

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A process server came to my home while I wasn't there but my girlfriend was. She is not a resident but was waiting for me to arrive. She did not answer the door and the server left before I arrived. The next day I did a public record search and found that a local firm was representing Midland Funding for a charged off CC account. I have read for weeks about Midland and the local firm. The problem is...funny that this is a problem...they still have not served me. I am on a time contraint because I make the majority of my income in the summer and I want to be around to show up at trial. I sent a DV letter to the Law firm and copied Midland Funding. I received a copy of a motion that was filed with the court titled "motion of filing". It lists the contents. 1. defendants answer, 2 Statements 5/2008-10/2009 and the acount number, 3. Bill of sale, 4. Affidavit of sale of Account By original Creditor. So they are treating my DV letter as my answer but, I was never served, I didn't file it with the court and it had no mention of the case number I only sent it to the attorney and Midland. I sent a letter and a more extensive DV to the attorney and filed it with the court stating that I have no knowledge of the summons so I couldn't possibly answer it properly and I stated the Florida Rules of Procedure outlining what SHOULD have taken place. I demanded that they amend their filing. I am not sure what to do next as I would like to file my answers, affirmative defense and interrogatories but I have no idea what are the grounds of the complaint. I know I can take a guess but I want to be specific with my answers and defense. Also, the affadavit and the bill of sale have no mention of a specific account number or my name and the sale date is left blank. The only date that exists is the date that the affidavit was signed and notarized. I am in Broward county Florida and the debt is said to be between $5,000 and $15,000 and the suit is filed in civil court. Any advice would be appreciated.

Check Fla law to determine if Midland is required to have a properly executed assignment supported by a written agreement, as well as proof of amount they paid for the account (valuable consideration)

We have a member, flalawyer, who is knowledgeable of Fla law. Maybe he will respond, if not, I don't think he would object to sending him a pm.

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So I still have not heard back from the JDB's attorney. I am wondering if waiting is the right thing to do at this point or is there some other action I should be taking. I forgot to mention that OCs were WAMU and then Chase bought WAMU so how would the affiant to the bill of sale have knowledge of WAMU's practices and if WAMU had any errors? Should I file a motion to strike the little information that I do have on this or just wait? Also, the CC statements that were attached to the "Notice Of Filing" had WAMUand Chase statements that have no reference to the fact that the bill of sale was refering to the statements and they seem like they came from 2 different sources via to different means (fax and copies that were mailed). Any input would be appreciated.

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Guest usctrojanalum

Wouldn't worry about a motion to strike yet you have not even been served. And yes what you raised about the JDB having knowledge about WAMU practices and even the assets being sold to Chase are legitimate defenses.

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No case number

Sent to The JDB and JDB's attorney only

Not filed with the court

Just a typical DV asking for accounting of the debt

Name and address of the original creditor Proof that you are licensed to collect in my state

Apperently my letter that I originaly posted about has made it to them because a PS was at my condo tonight. I wasn't home but the guy that lives next door told me someone was knocking on my door. No one but PSs can get in without calling me first. Maybe I will have a chance to answer.

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I sent the DV because I had no idea what it was for and really wanted to be prepared to fight it. Looking back I realize that it didn't need to be sent. From my understanding of the whole process, it couldn't be misunderstood as a waiver of service. I am hoping that they amended their filing as I demanded. I hope the judge takes notice.

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So one of the JDB's collectors just called me and asked if I wanted to settle. I said that I am waiting for them to respond to my questions that I had sent them. He asked me what documents I was looking for. I told him, the documents that were listed in my letter. He asked if I could tell him what they were and that they had all the documents I need. I said, great, I guess you wont mind sending them over to me. He said that I seem like I dont want to settle. I told him that of course I want to settle, as soon as I get the information that I requested I would talk to them about settling as stating in my letter to them and submitted to the court. He then told me that it was a 20 day summons and that they would just get a default judgement. I told him that I have not been served. He said yes I did....blah blah blah. He attempts to hang up but put me on hold by accident so I stayed on the line and an attorney picked up after a minute. After all of the same clap trap, the attorney told me that they do not need a letter of assignment or a bill of sale to prove their case, I told him that I disagree and I am not going to argue legal matters on the phone. He offered to email the summons to which I replied that I would like this to continue through the normal process and please send me the documents and answers that I have asked them for. He said he would and we hung up.

Edited by Jimmytheweed
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So one of the JDB's collectors just called me and asked if I wanted to settle. I said that I am waiting for them to respond to my questions that I had sent them. He asked me what documents Iwas looking for. I told him, the documents that were listed in my letter. He asked if I could tell him what they were and that they had all the documents I need. I said, great, I guess you wont mind sending them over to me. He that I seem like I dont want to settle. I told him that of course I want to settle, as soon as I get the information that I requested I would talk to them about settling as stating in my letter to them and submitted to the court. He then told me that it was a 20 day summons and that they would just get a default judgement. I told him that I have not been served. He said yes I did....blah blah blah. He attempts to hang up but put me on hold by accident so I stayed on the line and an attorney picked up after a minute. After all of the same clap trap, the attorney told me that they do not need a letter of assignment or a bill of sale to prove their case, I told him that I disagree and I am not going to argue legal matters on the phone. He offered to email the summons to which I replied that I would like this to continue through the normal process and please send me the documents and answers that I have asked them for. He said he would and we hung up.

I think you handled the situation very well.

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