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Need Input on Fighting Midland Funding - GA


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Hello everyone and thanks in advance for any input you can assist me with.

I have been anticipating a summons from Midland Funding and a friend who works in the court house gave me a heads up that one had been filed here in Georgia. I had been reading these forums boning up on what i hoped would be a cut and dry case being thrown out. A frined of mine got a copy of the summons and forwarded it to me. And the format just doesnt follow much of anyone elses here in these forums, theres lots of bits and pieces that are similar but noting very close or exact.

what I expect to receive in the summons ( when finally delivered ) is

a) the complaint - I owe $xxx + 7% int, post judment int. and stutory rate of all cost of the action. "Midland Funding LLC purchased this account from the OC Chase Bank.

B) an affidavit from an employee at midland ' legal spe******t with pertinent access to account records for midland credit mgmt. yada yada

c) a copy what I think is the last credit card statement bearing the original account number

d) a copy of the credit card agreement

e) abill of sale - from Chase to Midland with redacted info. and no specific info as to my account ( and to be honest I don't believe that the person who supposedly signed on behalf of Chase is factual - signed by Jeffery Judd Title "Team Leader")

f) a closing statement with redacted info. (I have seen referenced here in a few other posts and I honestly can't figure out what the purpose of this statement would even be - other than confusion.)

______________________________________________________

at this point the account in question is almost 2 years old.

I have not received any certified mail from Midland or their attorney.

Nor have I asked for any Debt Verification. Or checked My credit file.

I wasnt expecting to see an affidavit and it caught me off guard.

I saw in a post that someone working for Midland couldn't have original or first hand knowledge on an account with Chase. How do I respond to that, im wondering? How do I find out if it can be stricken? do affidavits have to be from the original creditor?

the bill of sale - I can argue doesn't contain specific information about the account in question and Im wondering if theres a way to find out if the Chase Employee who signed it actually exists? or if this is just a JDB trick?

Lastly - does their exhibit of Credit card statement constitute "proof" of the alleged debt?

for actual and precise info I just posted images of the docs I expect to receive online if anyone would care to view them. I was all hyped up to fight these guys, but not I'm not so sure. their intimidation tactics are already working. your input greatly appreciated.

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Whenever you're served, answer the Complaint. Read your court's Rules of Civil Procedure.

You must answer each allegation by admitting or denying. Then you add your Affirmative Defenses.

A good defense with a JDB is Lack of Standing. They must prove they own the debt in order to show they have the right to sue for the money. That bill of sale is not proof. All it shows is that they purchased some accounts. They haven't proven yours was among those accounts. Therefore, they haven't proven they own the account.

Whether or not the affidavit is hearsay depends on the statements made by the affiant (legal spe******t). If the person testified to knowledge of Midland's records, that's not hearsay.

What did they state in the affiavit?

There are examples of answers and affirmative defenses on this site.

Are you being sued in Magistrate Court? If so, there's no discovery in that court.

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I'm not sure how to handle this -

The actual affidavit -is posted online at (vinyl-wraps.com/new_page_1.htm)

I tried to post the image and link but the site says I have to have 20 posts to do so. I forwarded a PM with the info as well.

another question i am wondering is how do I search actual state law/code pertaing to the info I am looking for? I'm trying to find out if this affidavit can be striken?

So far this has been filed in Magistarte Court. If I can't ask for discoveries like - I want to know how much they paid for this account or and average price per account since they most likely bought alot of accounts in bulk.

If I know they paid $0.35 cents for the account and want $3500 for the damages - Im thinking that could be considered 'Unjust Enrichment'?

I also want to know how to contact The individual who signed the bill of sale for Chase - I'm not sure if this helpos me but I don't think he exists. he apperas to be a fake made up person. How can an imaginary person sign a bill of sale?

thoughts anyone?

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What are they suing you on? Breach of contract, acct stated, etc?

Does the bill of sale have all the accounts attached that was purchased when yours was? How do you know they purchased yours? I have been reading these posts for quite awhile, but I have never seen a case where the JDB disclosed how much he paid for the accounts. All that is irrelevant. He needs to prove yours was one of the hundreds or thousands he purchased.

You can check the Georgia rules of evidence to determine how to strike down that affidavit, bill of sale and those credit card statements.

This stuff is beatable, but you have got to know your rules if you are doing this pro se. Don't be pessimistic, be optimistic. You only have to focus on your case, while they have to work on thousands, and they are going to mess up. Be prepared to pounce when they do so.

Edited by Moments1
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I'm not sure how to handle this -

The actual affidavit -is posted online at (vinyl-wraps.com/new_page_1.htm)

I tried to post the image and link but the site says I have to have 20 posts to do so. I forwarded a PM with the info as well.

another question i am wondering is how do I search actual state law/code pertaing to the info I am looking for? I'm trying to find out if this affidavit can be striken?

So far this has been filed in Magistarte Court. If I can't ask for discoveries like - I want to know how much they paid for this account or and average price per account since they most likely bought alot of accounts in bulk.

If I know they paid $0.35 cents for the account and want $3500 for the damages - Im thinking that could be considered 'Unjust Enrichment'?

I also want to know how to contact The individual who signed the bill of sale for Chase - I'm not sure if this helpos me but I don't think he exists. he apperas to be a fake made up person. How can an imaginary person sign a bill of sale?

thoughts anyone?

Of course, it's unjust enrichment, but unless GA has a law related to that, Midland probably wouldn't be required to reveal how much they paid for the pool of debts.

Just by looking at a name, it's difficult to determine if a person is a real or "fake made up" person. That being said, read your court rules. Perhaps they allow you to subpoena witnesses.

As Moments stated, I'd answer the Complaint and concentrate on a Motion to Strike the bill of sale and the cc statements. Depending on what's written in the affidavit, you could motion to strike it as well.

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I'me reading page after page and really not getting anywhere -

can someone tell me whats the best way to search for a fact if georgia requires the affidavit to be from a corporate officer?

Im searching google with terms like 'georgia law regarding out of state affidavits' any idea where I can look online deeper. I'll be doing more heavy reading this evening.

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They won't accept affidavits in Magistrate Court in Georgia unless the affiant is there to testify.

If it were me, I wouldn't file a MTS now. Just stay quiet and let them think they have you over a barrel. They won't know to have the affiant there to testify as they think you are accepting their affidavit.

But, on the day of court - then present your MTS and catch the attorney off guard without having the affiant. :)++

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I'm getting closer to understanding what i need to do in this issue and I have another, maybe dumb question, but I would like to know how to treat these "exhibits" that are in the summons. I kinda expected everything to be labeled as "exhibits" and they are not. do I treat everything they sent as its own exhibit? for example:

the affidavit - exhibit a

the Bill of Sale - exhibit b

the 'Closing Statement' - exhibit c ( and what exactly is the closing statement? this just seems like misdirection as it has no useful value or data from what I can discern) or does anyone know if this 'closing statement' attach to the bill of sale?

the copy of a credit card statement - exhibit d

leaving the 'generic credit card agreement' - exhibit e ( would this be attached to the CC statement?)

many thanks for your input and all the hard work you guys have put into this site - I have found a wealth of info here.

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I drafted this motion to strike an account statement and thought I'd share. I'd also like to thank BV80 for helping in this endeavor!

As you can see, this is for the state of Georgia and was for Magistrate Court.

You will also need to check with your court's rules for filing procedures as they may differ. With this court, you could wait and file your motion to strike even the day of court and "hand deliver" your stamped motion to strike to the plaintiff's attorney right before court time. Other courts might require the motion to strike to be filed and delivered several days before, which would require the certificate of service to show that it was "mailed" to the plaintiff's attorney and "not" personally presented as in the motion shown below.

If you're not in the state of Georgia, you will need to take out the Georgia references and put in your own state's codes/laws.

__________________________________________________ ___________

Question? I'm fighting Midland In Ga and Im wondering - if you file and then hand deliver your stamped motion to the plaintiffs attorney, what proof of delivery do you have?

so the scenario is that on the day of court you stop by the Clerks office and File the Motion, they stamp your copy, and you deliver the extra copy to the Plaintiff when? as soon as you see them or when your case is called?

Edited by Pessimist237
typo
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Question? I'm fighting Midland In Ga and Im wondering - if you file and then hand deliver your stamped motion to the plaintiffs attorney, what proof of delivery do you have?

so the scenario is that on the day of court you stop by the Clerks office and File the Motion, they stamp your copy, and you deliver the extra copy to the Plaintiff when? as soon as you see them or when your case is called?

It's really not important. You could change it for your certificate of service to say "personally delivered" or "hand delivered" instead of mailed a copy. However, it doesn't really matter as the object of this is to surprise the attorney at the last moment where they won't have their affiant there. They will see too late, that you have destroyed the evidence they were counting on to win the suit. Then they won't, want to go into the courtroom with their evidence gone.

BTW, check your pms in a minute. :)++

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  • 2 months later...

Hey all- I hoped my issue with Midland went away with a request for arbitration but as of late Dec it appearsit has not. Linda I tried to PM you with quick question but the boards rules wouldn't allow me to pm you directly. I lost all me research I did. Let tell y'all if you don't back it up, it must not be important. I lost alot of data when I had a hard drive fail. Back it up boys and girls.... anywhoo - I have to deal with midland in court I received their summons late Dec. so I'm starting from scratch. I need the chase agreement with Jams included.

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What is the date of default on the account and what kind of card? Chase removed arbitration in Nov 2009, however if it was before then I believe that they had AAA and NAF listed but you want to find out exactly by reviewing the Agreement.

You can google: chase terms and conditions 2008 student 1

That would be for a Chase Student 1 card with a default of 2008.

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What is the date of default on the account and what kind of card? Chase removed arbitration in Nov 2009, however if it was before then I believe that they had AAA and NAF listed but you want to find out exactly by reviewing the Agreement.

You can google: chase terms and conditions 2008 student 1

That would be for a Chase Student 1 card with a default of 2008.

This particular account is quite old and has been through a couple differnt banks hands. I'm putting together the specifics this evening to get my facts straight, suffice to say the account went delinquint about 2 years ago ( no SOL defense in Ga.) and the Card was a Consumer credit card, not student card, not sure if that makes any diff.

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the Original Creditor was pre- 2004 'First North American National Bank'

in May 2004 FNAB was bought out or sold out to Bank One

and reviewing their Cardmember agreement it does include JAMS as an Arb.

in July 2005 Chase and Bank One Merged into Chase - there is an ARB clause but does not specify JAMS

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What was the date of the last payment? Why do you say no SOL defense in GA? Every state has a statute of limitations. Here is yours:

9-3-25. All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11

That aside, generally speaking, the SOL for your state does not apply, because card agreements always specify the laws of the state in which the issuer is located. You'll see this somewhere in the cardholder agreement. Chase is DE law, 3 year SOL. Use this against them if it fits.

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