My experience thus far with Midland Funding

[mamab]

Hi everyone, I've been reading here for about a week today. Midland Funding gave me a summons about a month ago for an alleged debt of about $1300. I went to court this morning in St Louis.

When I arrived, I was in a big courtroom with a bunch of other people (probably 50 or more). There were a bunch of people sitting up front in the lawyer/witness area. One by one they called us up to talk to one of those people.

When my name was called, I went up to the girl. She told me I owed approximately $1400. She asked if I wanted to make payment arrangements. I said no, that I didn't owe the money.

The woman next to her said, "You don't owe that amount or are you disputing the account?"

I said, "Both."

So then they said there would be a continuance and I would have to come back at the end of October. I asked why we couldn't talk to the judge today and they said this was just a "call docket." They asked me to sign the paperwork saying that I requested a continuance. I said that I wasn't requesting it, they were. The woman rolled her eyes at me and said, "Are you making a default judgement today?" I said, No, and she said then you want a continuance. I refused to sign the paperwork though, so she just wrote "Refused." She then asked me to fill out a paper giving them my social security number, place of employment, email addresses, permission to leave answering machine messages etc. I refused to give them any information.

All around me people were giving them all of their information.

At this point I have not filed any answers, any effort to block the affadavit etc. I guess that is my next step. The paperwork they gave me today said that the next court date is a "call docket" too so I am guessing I won't see a judge then either?

Hope this helps some people.

[MarvinArizona]

i'm not familiar with the laws of your state , but if your state is like mine you have 20 days to answer the summons .. failure to do that leads to the default judgment ...

i think you should have signed the request for continuance .... you may need to explain to the court why you failed to answer the summons ... your court may have a civil packet that you can read to tell you how these things work ...

look around on some of the webcites in your state , often times they will have a section that discusses how the civil proceedures work and what the deadlines are ...

you should prepare an excuse as for why you failed to answer the summons ... someone you loved died , mental breakdown etc etc ...

if it's over credit card debt you might think about mentioning how answering the summons somewhat late will most likely not cause any harm to the collection agency sueing you because they sue a billion people ....

[mamab]

You don't have to answer a summons in my state, you can answer by showing up.

I didn't sign the continuance because they put that I requested the continuance and I didn't. They did but wouldn't mark that they did.

[admin]

You definitely should have signed the continuance, and I also encourage you to still try and file an answer. You will have a tough time in court without one, is my guess.

[mamab]

I definitely plan on filing an answer. I don't owe the money.

As far as the continuance goes, there wasn't even a space for it to be signed by me. The lady (who worked for Midland) drew a line on the paperwork and told me to sign there. I told her I wasn't going to sign a line she drew on the court paperwork.

[admin]

I definitely plan on filing an answer. I don't owe the money.

Good to this ASAP.

As far as the continuance goes, there wasn't even a space for it to be signed by me. The lady (who worked for Midland) drew a line on the paperwork and told me to sign there. I told her I wasn't going to sign a line she drew on the court paperwork.

Why not?

[mamab]

Why should I sign something that the debt collector tells me to sign? She wasn't a court official, she wasn't a lawyer, there wasn't a space for me to sign it. She drew a line in a blank spot and said, "Here sign this." When I asked why she said, "I don't know, we just ask that you sign it." She could have written anything on there above my signature. Everyone who refused to set up a payment arrangement was given that slip of paper and told to come back on such and such date.

[admin]

I was under the impression that this was a court official. my apologies. If not, I might consider requesting a continuance from the court with a motion of your own.

[mamab]

No, it was the debt collector lady. Everyone who didn't agree to set up payment arrangements was given the new date. I checked this morning online and it shows that the case is continued until October. I don't know what a "call docket" is but no one who was there yesterday actually was seen by the judge. You either made the payment arrangement or you got a continuance. My next court date is set as a "call docket" too.

[KentWA]

If it was me I would file your answer ASAP. Then start burying them in paperwork so they hasten to get rid of the case. Most likely they are going to keep you coming in on their Call Docket until you miss an appearance. It is time to get offensive with them and make them realize that it is going to cost them a bunch of money to keep this going.

[PVANLAW]

mamab:

I am a Missouri sttorney. I would not to file an answer without consulting an attorney. In the associate divisions of the circuit courts of Missouri (cases under $25K), if you do not file an answer it is not the grounds for a default judgment, and all allegations are deemed denied. Moreover, I have seen pro se defendants shoot themselves in the foot with their answers to petitions by including admissions against their own interests. However, you may want to submit affirmative defenses in a pleading that has roughly the same format as the Petition.

Expect to go to court every month or in some divisions in the County twice a month. It's a real pain. Discovery continues, then a trial date will be set. I have only gone to trial in one case and it was against LVNV.

Great story: They had copies of the fronts of the original documentation needed to establish an account, however they did not have the backs of those pages that had the "terms and condition" of the credit agreement. Their witness testified that they destroyed the originals, after making the copies they wanted to admit into evidence. I objected the admission of the contract copy under the "best evidence rule" saying:

"Judge, I object to the entry of Plaintiff's copy of the contract into evidence under the best evidence rule. Plaintiff's witness says that they destroyed the original contract after making the copies of it. Judge if you look under the alleged signature of my client on the contract, it reads, 'see reverse for terms and conditions.' But Judge, when I flip this copy over, there's nothing there? Also, when I look at the remaining pages of the contract copy that Plaintiff wishes to admit, I see no 'Terms and Conditions.' Plaintiff has failed to provide the court with the complete contract underlying case, and since the entire case is based in contract, it must be dismissed, with prejudice."

We went back into chambers, well I did, and chatted with Judge Lohmar for about a half hour about the previous cases that day. Plaintiff's counsel could not find the complete contract. Judge Lohmar let them voluntarily dismiss it.

But I digress. You will get a packet of written discovery from Plaintiff's attorneys. You or an attorney MUST answer them in a timely manner. However, you have to be very careful how you answer.

And no, you will not get to see the judge at the call docket.

Good luck.

[calawyer]

mamab:

I am a Missouri sttorney. I would not to file an answer without consulting an attorney. In the associate divisions of the circuit courts of Missouri (cases under $25K), if you do not file an answer it is not the grounds for a default judgment, and all allegations are deemed denied. Moreover, I have seen pro se defendants shoot themselves in the foot with their answers to petitions by including admissions against their own interests. However, you may want to submit affirmative defenses in a pleading that has roughly the same format as the Petition.

Expect to go to court every month or in some divisions in the County twice a month. It's a real pain. Discovery continues, then a trial date will be set. I have only gone to trial in one case and it was against LVNV.

Great story: They had copies of the fronts of the original documentation needed to establish an account, however they did not have the backs of those pages that had the "terms and condition" of the credit agreement. Their witness testified that they destroyed the originals, after making the copies they wanted to admit into evidence. I objected the admission of the contract copy under the "best evidence rule" saying:

"Judge, I object to the entry of Plaintiff's copy of the contract into evidence under the best evidence rule. Plaintiff's witness says that they destroyed the original contract after making the copies of it. Judge if you look under the alleged signature of my client on the contract, it reads, 'see reverse for terms and conditions.' But Judge, when I flip this copy over, there's nothing there? Also, when I look at the remaining pages of the contract copy that Plaintiff wishes to admit, I see no 'Terms and Conditions.' Plaintiff has failed to provide the court with the complete contract underlying case, and since the entire case is based in contract, it must be dismissed, with prejudice."

We went back into chambers, well I did, and chatted with Judge Lohmar for about a half hour about the previous cases that day. Plaintiff's counsel could not find the complete contract. Judge Lohmar let them voluntarily dismiss it.

But I digress. You will get a packet of written discovery from Plaintiff's attorneys. You or an attorney MUST answer them in a timely manner. However, you have to be very careful how you answer.

And no, you will not get to see the judge at the call docket.

Good luck.

Very helpful. Thanks for the insight (and for educating your Judge).

[Moments1]

Question for Pvanlaw:

Did the plaintiff in the case that you speak of have copies of statements with debits and credits, or did they just introduce the agreement?

[PVANLAW]

Question for Pvanlaw:

Did the plaintiff in the case that you speak of have copies of statements with debits and credits, or did they just introduce the agreement?

The one count petition was in contract only. If you can't establish the elements of a contract, and offer a complete copy of the express contract into evidence, then you have no case.

So we didn't get that far.

[Seadragon]

There are many posts about that here. You sound like you are geared for battle(I like that).

Gut em like a fish.