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Being sued by Midland Credit-- need input


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I live in Columbus, Ohio. Two days ago I received a summons delivered by certified mail. I have verified that the case IS in the court system.

This is what the front page of the summons reads:

Plaintiff

VS

Defendant

1. The Plaintiff is the owner of the within credit card account through Purchase.

2. By use of this account, the Defendant became bound by the terms in the agreement. Copies of the STATEMENT AND CARD AGREEMENT are attached as exhibits A & B.

3. The Plaintiff has exercised it's rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff.

4. The amount now due and owing is (slightly less than 4,000).

5. Although demand has been made upon the Defendant to liquidate the balance and owing, the Defendant has failed to do so.

. . . .

Evidence provided included a Midland Credit Management statement for the account dated 4-21-11. Please note the certain information, such as the account number and original account number, has been redacted on the form. Also included is an old Chase statement with the same information redacted and no signature from me. This is Exhibit A.

Exhibit B is a HALF of (3 of 6 pages) a cardmember agreement-- it is not apparent what company it is from, nor does it contain a signature.

I know this debt is not 15 years old and is inside the SOL.

My questions to someone more knowledgeable and experienced than myself are:

1. Should I send a DV?

2. Do they have sufficient evidence?

3.) Where can I find my county court's procedures?

4.) Should my main defense be that I don't have an account with Midland Credit and is that enough to get my case dismissed?

I would appreciate any input or information. I apologize if these questions have already been asked, but I've scoured the forums and I haven't been able to find information that directly applies to my case. I plan on posting a step by step account of how my case proceeds and may ask for more input at a later juncture. I also want to be able to provide information for others in a similar circumstances as me. These forums have already been tremendously helpful. Thank you for your time and input.

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They claim i owe about $4000, from a credit card i had about 4-5 years ago. They did include half of the cardholder agreement (the first 3 pages). I cant be sure if the agreement is mine or not, because it doesn't include a signature from me.

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A CC agreement will not have a signature...

I think you file the answer, and then send a request for the entire cardholder agreement. If there is an arbitration clause, then file a motion to compel arbitration.

OK the cardholder agreement attached as exhibit B does include an Arbitration Agreement.At the moment i am doing some research on motion to compel arbitration. Thank you for your help!

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I'm going to bed tonight, plan to deny their claims tomorrow. I will post my letter and defense tomorrow night when i get home from work. I am still looking for more direction as I am still green to this situation any input is welcomed. Again thank you all for your time.

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So here is where I am atm. I believe i need to answer the summons, denying all allegations. I then need to MTC arbitration (to my understanding forces the case out of the court because they failed to elect arbitration). I then need to DV after the case has been dismissed on those grounds. If this is right please let me know. If I'm way off base any input would be welcomed including a ball park rate for an attorney, i will not quote you just any idea would be awsome! thanks for viewing.

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Yes and no...

1. File your answer to the complaint-this prevents a default judgment.

2. Motion to compel arbitration - it's in the agreement and will take the case out of court and into the expensive arbitration world. There is some powerful case law regarding arbitration.

3. If the case is stayed or dismissed in favor of arbitration, you're in the clear as far as court goes.

If you do #1, you've already messed up Midland - they expect default judgments...

Edited by 1stStep
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Awesome thank you! I have seen it before and am currently looking for information on whether answering the summons waves my rights to MTC arbitration. Right now that semms like one of the last things i need to do.

I will post both my MTC arbitration and answer to the summons tomorrow when i get off work.

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I fought Midland (in OH) and got a dismissal (I can't post links yet, but that thread is titled "Being sued $1319 for $140 debt. How do I fight it?"):

I am also fighting another JDB in OH right now. Check out my reply in my current thread (Help!! Being sued by OC w/CC agreement) about being sued by an OC.

I can't speak on arbitration yet, but since you're dealing with a JDB, you may stand a good chance if you fight it in court. Just my humble opinion, though...I in no way claim to be an expert. I'm just speaking from my own experience.

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I live in Columbus, Ohio. Two days ago I received a summons delivered by certified mail. I have verified that the case IS in the court system.

This is what the front page of the summons reads:

Plaintiff

VS

Defendant

1. The Plaintiff is the owner of the within credit card account through Purchase.

2. By use of this account, the Defendant became bound by the terms in the agreement. Copies of the STATEMENT AND CARD AGREEMENT are attached as exhibits A & B.

3. The Plaintiff has exercised it's rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff.

4. The amount now due and owing is (slightly less than 4,000).

5. Although demand has been made upon the Defendant to liquidate the balance and owing, the Defendant has failed to do so.

. . . .

Evidence provided included a Midland Credit Management statement for the account dated 4-21-11. Please note the certain information, such as the account number and original account number, has been redacted on the form. Also included is an old Chase statement with the same information redacted and no signature from me. This is Exhibit A.

Exhibit B is a HALF of (3 of 6 pages) a cardmember agreement-- it is not apparent what company it is from, nor does it contain a signature.

I know this debt is not 15 years old and is inside the SOL.

My questions to someone more knowledgeable and experienced than myself are:

1. Should I send a DV?

2. Do they have sufficient evidence?

3.) Where can I find my county court's procedures?

4.) Should my main defense be that I don't have an account with Midland Credit and is that enough to get my case dismissed?

I would appreciate any input or information. I apologize if these questions have already been asked, but I've scoured the forums and I haven't been able to find information that directly applies to my case. I plan on posting a step by step account of how my case proceeds and may ask for more input at a later juncture. I also want to be able to provide information for others in a similar circumstances as me. These forums have already been tremendously helpful. Thank you for your time and input.

Do not answer the Complaint yet....

Based upon the information that you have supplied, the Plaintiff has not filed a proper Complaint...

In Ohio a Complaint based upon a Credit Card Account requires the Plaintiff to adhere to certain strictures...

Generally, the failure to comply with Civ.R.10(D)(1) is addressed through a motion for definite statement, pursuant to Civ.R. 12(E)...

Go to Google Scholar and read the Pro Se case of Kenneth K Carson, it should provide you with much needed insight as o how to handle your case...

You have 28 days from the date that you were served to Answer the Complaint, however, if you file a Motion for More Definite Statement, you may get an additional 30-45 days before you are required to file an Answer...

This will give you much needed time to learn how to defend yourself.

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Do not answer the Complaint yet....

Based upon the information that you have supplied, the Plaintiff has not filed a proper Complaint...

In Ohio a Complaint based upon a Credit Card Account requires the Plaintiff to adhere to certain strictures...

Generally, the failure to comply with Civ.R.10(D)(1) is addressed through a motion for definite statement, pursuant to Civ.R. 12(E)...

Go to Google Scholar and read the Pro Se case of Kenneth K Carson, it should provide you with much needed insight as o how to handle your case...

You have 28 days from the date that you were served to Answer the Complaint, however, if you file a Motion for More Definite Statement, you may get an additional 30-45 days before you are required to file an Answer...

This will give you much needed time to learn how to defend yourself.

This is what I did. The Judge ordered the Plaintiff to submit an amended complaint with all of the following attached, within 14 days:

1. A copy of the account which includes

a. A starting zero balance

b. each and every transaction since the zero balance showing the date, amount, and identification of each transaction; and

c. a running balance or other arrangement which permits calculation of the amount due

2. A copy of the credit card agreement/terms and conditions, including the original application and agreement, and any and every amendment subsequent thereto; and

3. A copy of all contracts of assignment and/or other instruments (with corporate seal or letterhead) transferring ownership of the account at issue from the original owner to the Plaintiff.

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It sounds like they do not have the original appication or agreement. This is very important. Before you can proceed, you need to determine several things: 1. Is there an application 2. Is there a cardholder agreement 3. Can they prove you agreed to the terms of that agreement 4. Where was Chase located when you established the account (what state) Look up law for that state and see if they have use and acceptance statutes. If they were located in South Dakota, you have a good shot at beating them if they cannot produce the cardholder agreement. You can find out through requests for production.

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Wow you guys are the best, that is a ton of info i need to dive into. I'm not sure where to start, but at this point it sounds like i need to try and get there claims amended.

Atm I will be looking into Pro Se case of Kenneth K Carson. If anyone has more info on how to get their claims amended , or a direct link to the information already established I'd be more than happy to read up on it. I will get back to you all tomorrow with what I've learned and thank you all so much for your time! I wish i could donate to you all or the site!

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