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Questions how to proceed Midland Credit

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I was served with a summons from Midland Credit LLC, Answered and filed motion to strike Affidavit as Hearsay (Thank you to EVERYONE on this thread BTW) and have received today a lovely letter to settle which they kindly did not include attorney fees in the form of a Consent Judgement in the sum of "800+, which includes prejudgement interest, costs, and post judgement interest." Later goes on to say the 800+ includes 130 fees, cost spent to enforce judgement, with post judgement interest rate of 5.5% to be paid in installments of 75 every 30 days.

In essence asking me to kindly settle and admit that A: I owe them, which I denied and B: still pay them and accrue interest on the account at my discretion and C: have a judgement against me apparently that they can invoke if I stop paying.

The original summons has the standard affidavit attached but no account number or evidence that they even have the account or information about it. This Consent Judgement also came with nothing.

Would like to send a Request for Production of documents but need a few pointers.I have reviewed the AR rules for Civil Procedures and of course it gave me a headache. I need a layman's explanation to the following questions?

How do I word it?

(I have a template from a St Louis Case)

How do I request the documents to be delivered?

(I live about an hour and a half from the lawyer they hired. That is way too much gas to spend to get there. So I am not sure if I can request that they simply be sent to be.)

If requesting to be sent, did I need to file anything requiring them to send it to me?

Do I need to file it with the court or simply send it?

BTW When I was served the cop or whatever circled the attorney's phone number and told my husband to tell me to call them. I called did not admit to anything but asked about the amount and settlement terms. I asked if they would send receipts for payment, I asked if they would send a settlement letter for a payment agreement, I asked if they would dismiss the claim if payment arrangements were set. She basically responded no to all of this. I did not agree but said thank you and hung up. This is the only communication I had with them, and is after the summons.

Thank you to anyone who responds!!

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A consent judgment is just that...you consenting to have a judgment entered against you.

I would not sign it...you've filed the motion to strike their affidavit. Send some other discovery requests, perhaps that is what it will take to get them to dismiss the case.

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Yes you've already filed your motion to strike, which means you've denied owing said debt. I don't know if that would constitute perjury unless you stated in your strike that you (without a doubt) did not owe the original issuer.. I guess it depends on the details of your motion.

I'd do what 1stStep suggested and file for discovery, they've not provided you with any proof thus far of the alleged obligation so keep them on their toes. That being said, a consent judgement sounds fairly appealing to me right about now. I've yet to file my Answer, Affidavit, and Discovery. I just don't want additional interest and fees tacked on if they win in the end :\

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The consent tacks on interest and in the same form as the summons itself so I am not so interested in giving them an unlimited amount of time to keep me paying them. I am not sure though. I am getting frustrated but I cannot afford a garnishment. I only have a part time job and though you are not "supposed" to be let go because of a garnishment, At will employment is just that. If I get let go, it could be for any reason or none at all. :confused::-(

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Signing a consent judgment is a really bad idea.

Challenge the affidavit and any other "evidence" they offer. Midland is beatable, but you have to fight them.

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Thanks everyone for replying. I am not signing their consent, they have sent no evidence to me they even truly have the account. I did a motion to strike the affidavit as it is hearsay and still had no account information just someone saying they saw some papers and knows I owe the amount which is ridiculous. Not from original creditor, and amount is extremely inflated.

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Send everything to the lawyer, the Court is just the mediator at this point. Lawsuits are between the two parties involved not the Court- until of course the Court gets fed up with one side and makes a "judgement."

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Make sure you get every document notarized and include a Certificate of Service along with anything you send the Courts.

Certificate of Service

I, the undersigned, certify that the included documentation, pages __ through __, were served on all parties in the case by depositing one original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: ________ on ??/??/2011.

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Thank you, I have been including a certificate of service.

The lawyer responded to my motion to strike affidavit with:

plaintiff denies and disputes all allegations of defendant's motion. (I struck on hearsay)

A duly taken and certified affidavit of the account balance is the requirement for filing on an account. See Ark. Code Ann. 16-45-104.

"In a suit on an account, the affidavit of the plaintiff, duly taken and certified, that the account is just and correct shall be sufficient to establish the account unless the defendant denies under oath the correctness of the account, in which case the plaintiff must prove the account by other evidence." Miller v Transamerica Commercial Finance Corporation, 74 Ark. App. 237, 47 S. W. #d 288 (2001).

As Plaintiff followed the requirements for a suit on account, the defendants motion should be denied without hearing.

How do I Respond?

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Sent out paperwork Tuesday Production of Documents and waiting for a response. Thank you to all for helping me with this! Fingers crossed they get past this and actually back off.

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Received a letter today! Dismissed without prejudice. At least I will cease getting hounded for a spell. I never got any further information from them, no contract, no signed paperwork, absolutely nothing on the original creditor-They also list the debt on my credit report as new debt-they can't do that, right?

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Received a letter today! Dismissed without prejudice. At least I will cease getting hounded for a spell. I never got any further information from them, no contract, no signed paperwork, absolutely nothing on the original creditor-They also list the debt on my credit report as new debt-they can't do that, right?

Congratulations on the dismissal. Good job!

What do you mean they are listing it as new debt?

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Congratulations on the dismissal. Good job!

What do you mean they are listing it as new debt?

On my credit report they don't list the debt beginning from the old creditor. They have it listed as a current debt (account 2/2011) The original creditor lists on the same report as delinquent since 3/2010 I believe.

Midland has the amount as beginning with 807 then owing 820 (interest I suppose) but the original amount of the OC is only 500 owing 807. I really really hate how they charge such a long string of interest, fees etc on a small debt. OC did some sneaky bookwork and had me OTL over and over again before I lost my job for a full year and a half.

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Thank you all for the help! I am really ecstatic that I was actually able to do it. xdancex

I have a Judgement on my credit from 2007 that had I known what I know now would never be on there. It was for hospital bills (combined by the DC). The lawsuit was made from the collection agency but they stated it was from the OC which I verified that is wasn't. I did not know to answer so they ended up with a default judgement. I contacted several lawyers and they told me to file for bankruptcy but would not even help with the lawsuit. We even have legal aid here and they gave me "advice" which was more filing for bankruptcy junk. Sadly the 1500 they won was actually the bulk of my debt and I really shouldn't have owed it. The hospital did not bill my insurance correctly and I didn't know who to contact. Very small town, with small minds, and big mouths. I was 6 months pregnant and the garnishment took a hunk of my then tiny pay check. The CA even had the nerve to overcharge my garnishment and put it on several other bills they had in my name! I got it back but it was a small reward. I wish I could sue them all and let them know how it feels.;)

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On my credit report they don't list the debt beginning from the old creditor. They have it listed as a current debt (account 2/2011) The original creditor lists on the same report as delinquent since 3/2010 I believe.

Midland has the amount as beginning with 807 then owing 820 (interest I suppose) but the original amount of the OC is only 500 owing 807. I really really hate how they charge such a long string of interest, fees etc on a small debt. OC did some sneaky bookwork and had me OTL over and over again before I lost my job for a full year and a half.

If the 2/2011 is the "date opened", that's when the JDB purchased the account, so that's when the account opened in their files. That's permissible. It doesn't change the original date the account went into default, therefore the SOLs for collecting and reporting have not changed.

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