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sreupert

My Responce (to view for help on other post)

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STATE OF WISCONSIN, CIRCUIT COURT,

MILWAUKEE COUNTY

Case No: xxxxxxxx

Plaintiff,

MIDLAND FUNDING LLC

BY ITS SERVICING AGENT

MIDLAND CREDIT MANAGEMENT INC

Vs

Defendant,

ANSWER OF THE PLAINTIFF

Defendant, appearing pro se, for its reply to the Complaint naming MIDLAND FUNDING LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein.

ANSWERS

1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07.

2. Admit.

3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07.

4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07.

5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07.

6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07.

7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Rule 55.07.

DEFENSES

1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

2. Lack of Standing - Plaintiff has not provided a chain of ownership and, therefore, has not proven legal standing to sue.

3. Midland Funding LLC did not serve a "notice of Right to Cure" 15 days prior to suit as stated in Sec. 425.104 & 105

4. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

5. Midland Funding LLC has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account or PROVIDE STATEMENTS SHOWING ALL TRANSACTIONS BEING SUED FOR or DETAIL ALL STATEMENTS OF THE ACCOUNT BACK TO ZERO as stated in The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2)

6. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

COUNTERCLAIM

I have a claim(s) against the plaintiff and demand judgment against the plaintiff for

$1,000 on each of the following violations, per occurance, plus interest, costs, attorney fees, if any, and such other relief as the court deems proper.

1.Acting as both the “Purchaser” and ‘Assignee’. FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000)

2.Trying to “Re-Age” this account in hopes of keeping the negative information on my credit report longer.FCRA Section 605 © Running of the reporting period

3.Failure to validate the debt while continuing to pursue collection. FDCPA Section 809(B)

4.Failure to validate the debt while continuing to report it to the credit bureaus. FDCPA Section 809(B)

Midland Credit Management received multiple request for VALIDATION of the account with specific requests that had been mearly ignored. Letters were sent 3/18/11, 4/6/11 & were received by Midland Credit Management on 3/21/11, 4/8/11. VALIDATION was not supplied in accordinance with The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2)

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So this is answering the summons you were served?

And how did you make a claim against them...I am assuming not in this paperwork does that magically happen but rather you had to fill out other forms at the court house.

I live in MI and I am in a discovery with Midland funding and now I am facing a deadline of 28 days for answering Plaintiff's first request for admissions, Plaintiff's first set of interrogatories. Then is ask that I be under oath in answering this? HUH? Where do I have to do all of this?

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So this is answering the summons you were served?

And how did you make a claim against them...I am assuming not in this paperwork does that magically happen but rather you had to fill out other forms at the court house.

I live in MI and I am in a discovery with Midland funding and now I am facing a deadline of 28 days for answering Plaintiff's first request for admissions, Plaintiff's first set of interrogatories. Then is ask that I be under oath in answering this? HUH? Where do I have to do all of this?

When you sign in front of a notary under oath.

Don't forget to serve discovery on them as well, was you discovery court ordered?

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