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Dealing with Midland and LBN


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I received a summons in August stating that I was being sued by Midland being represented by Love, Beal & Nixon. The petition claimed I had been provided credit by CIT Bank and that debt was assigned to Midland Funding.

There is no mention of this debt in my credit report, although Midland has since reported it on my credit report. I filed my answer to the court denying any responsibility and disputing the validity of the debt.

I also sent a request for validation of the debt to LBN. In response to my request, LBN provided a very vague statement simply listing some account number and the last 4 digits of my SSN. They also encouraged me to call them so we could discuss this matter (I haven't called them). I sent them a 2nd request for validation, highlighting all of the items from my 1st request which they had not provided.

I received no response to my 2nd request but, I did receive their Requests for Admissions and Interrogatories and Requests for Production of Documents.

I guess what I'm asking is for any type of help anyone could give me with this matter. I'm not sure if I'm required to answer their request and how specific I am required to be. I'm also not sure what defenses I could use in this case.

I have no physical record of this account they claim I had and they have not provided me any proof that this account existed and that the SOL has not run out. I believe the SOL in Oklahoma is 6 years.

Thanks, in advance, to anyone who could possibly help me with this. I do consider myself an intelligent man but I feel very intimidated and " in over my head ".

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First, stop with the DV letter(s). Your in a lawsuit and the ultimate venue for debt validation. Even if DV was proper at this time they don't have to answer all the questions in your DV letter. Even if you hightlight them.

DV is for pre-lawsuit.

I'd get a copy of the rules of civil procedure for I'm guessing Oklahoma. They are free all over the internet. That is your play and rule book.

Your in a stage called discovery at this time. What you were asking for in your DV letter you can now ask for in discovery. You ask them as an admission request, interrogatory, or a production of document(s). They are all seperate and you have to ask them as outlined by the rules. In other words what you asked for in your DV you can now ask as part of discovery.

For a general example-

Defendant's request for production of document (1)

Please provide the alleged credit card agreement/contract which Plaintiff is basing their allegations against Defendant.

Defendant's request for admission (1)

Please admit or deny Plaintiff has no personal first hand knowledge of the business record keeping policy and procedures of the alleged original creditor, Citibank.

Defendant's interrogatory (1)

Please state the date which Plaintiff allegedly gained ownership of the alleged Citibank account which Plaintiff is suing Defendant for.

You can look around. A junk debt buyer (JDB), that is what Midland is, can be beat with a little hard work. I would build my defense around the issue of standing. That means Midland's right to even collect. You can challenge their standing and never have to address the underlying debt.

They must show by admissible evidence they own the debt. That means dragging an employee with first hand knowledge of your specific account from Citibank. Not a very attractive option for them.

However, you must lay the foundation. You do that with discovery and pre-trial motions. My request for admissions is an example how you can paint them into a corner on the issue of standing.

The main thing at this time is to do everything by the rules of the court. Their not going to answer letters. They are not required. If you have the most slam dunk defense, but not presented properly, you can still lose. That goes for them also.

When the plead something (submit an argument or motion to the court), you need to attack what they plead. You need to counter, file a rebuttal, or even a motion to strike.

I guarantee you Midland will build their case around hearsay and will try to get you to make their case. You are required to participate. However, you don't have to help them. You ask if you have to answer their questions. You bet you do, by the rules of procedure however.

If you don't have something you state that. If they ask for a legal opinion, which their favorite is to ask you to admit they now own the debt, you object. Your not an atty and a trial will determine their answer. The rules will tell you how specific you must be. Sometimes you can just deny and other courts you have to be specific.

You probably have 20 to 30 days to answer. If you don't, you probably wrap the case up for them. They will move to deem their admission admitted and then you lose, because I can guarantee their is an admission that asks you to admit you owe them XXX amount of money. You don't answer and the Judge rules it deemed admitted, it's a quick motion for summary judgement and your slapped with a judgement.

You've done more than 95% of debtors. You actually answered the lawsuit!! JDB rely on defaults (no answer to the suit). The good news is Midland can be beat and actually rather easy, with the right arguments and attack on the evidence.

The bad news is you have a ton to catch up on in a short period. It can be done for sure. It just depends on how much time and effort you want to put into it.

Here are some terms you can search and it will give you cases and good discussions on the topics-

Hearsay

Standing

Discovery

Junk Debt Buyer

Midland

Oklahoma rules of civil procedure

motion to strike

motion to compel

summary judgement

admissions

robo signer

account stated

statue of limitations

Finally keep in mind any affirmative allegation or defense you make against them you have to prove. So if you argue statute of frauds (this must be a written contract) then you have to support that allegation, they don't have to prove your wrong. You would be wrong but they don't have to prove it.

There are some good defenses, however, generally speaking, you want to keep the burden on them to prove the case against you. You don't want to shift the burden to you to prove you don't owe them.

There are tons of success story against Midland. They are one of the very worst. If you have a couple hundred bucks you could by a little time with an atty. They could give you a crash course on procedure and strategy. Also go to the courthouse. Pull all the cases Midland has filed and/or the law firm has. Look them over. Most will have no answer or fight in them. Look for some that do. Make notes and if you see an argument that worked then really pay special attention.

If you see a granted motion that works against them, see if you can incorporate that into your case. If you see a case they dismissed spend a few bucks and get a copy of the file. More importantly if you see things that did not work, make sure your not making those arguments unless your just putting it on the record to perserve an appeal.

Good luck !! It can be done.

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I received a summons in August stating that I was being sued by Midland being represented by Love, Beal & Nixon. The petition claimed I had been provided credit by CIT Bank and that debt was assigned to Midland Funding.

There is no mention of this debt in my credit report, although Midland has since reported it on my credit report. I filed my answer to the court denying any responsibility and disputing the validity of the debt.

I also sent a request for validation of the debt to LBN. In response to my request, LBN provided a very vague statement simply listing some account number and the last 4 digits of my SSN. They also encouraged me to call them so we could discuss this matter (I haven't called them). I sent them a 2nd request for validation, highlighting all of the items from my 1st request which they had not provided.

I received no response to my 2nd request but, I did receive their Requests for Admissions and Interrogatories and Requests for Production of Documents.

I guess what I'm asking is for any type of help anyone could give me with this matter. I'm not sure if I'm required to answer their request and how specific I am required to be. I'm also not sure what defenses I could use in this case.

I have no physical record of this account they claim I had and they have not provided me any proof that this account existed and that the SOL has not run out. I believe the SOL in Oklahoma is 6 years.

Thanks, in advance, to anyone who could possibly help me with this. I do consider myself an intelligent man but I feel very intimidated and " in over my head ".

A few affirmative defenses you could use are:

Plaintiff has failed to provide evidence sufficient for judgment to be granted.

Lack of Standing. Plaintiff has not proven ownership of the alleged account with standing to sue.

Statute of Limitations. Plaintiff has failed to show the alleged debt is within the statute of limitations for collection.

Lack of Privity. No agreement exists between Plaintiff and Defendant.

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One question:

Their 1st request for admissions states: Admit the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Exactly what are they asking? If I am the defendant and that is my name?

Edited by merlebh
miss-spelling
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Also, in there REQUEST FOR ADMISSION NO.3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

What are they asking for here? Is this just admitting that they've followed the steps that they laid out in the petition?

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One question:

Their 1st request for admissions states: Admit the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Exactly what are they asking? If I am the defendant and that is my name?

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Me

)

Defendant. )

RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS,

INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

Responding Party: Defendant, my name

Demanding Party: Plaintiff, Midland Funding LLC

Responding party, ( my name ), the Defendant in the above cause, makes the following response to the Plaintiff’s Request for Admissions and Interrogatories and Requests for Production of Documents.

Defendant responds to the requests in the order they appear in the Plaintiff’s request.

ADMISSIONS

1.

2. Deny

3. Objection-asks for a legal conclusion and interpretation of law. The Defendant is not an attorney, this request is improper.

4. Deny

INTERROGATORIES

1 John Doe, 1234 E xxxx St, OK. 00000. Occupation, . Defendant is without knowledge of any such contract and therefore cannot give requested residence addresses.

2. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

3. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

4. Admission 2 explanation: This request calls for admission of matter defendant has denied and thus it is improper.

Admission 4 explanation: This request calls for admission of matter defendant has denied and thus it is improper.

5. Defendant has denied knowledge of said account. This request calls for admission of matter defendant has denied and thus it is improper.

6. DEFENSES

1. Plaintiff has failed to provide evidence sufficient for judgment to be granted.

2. Lack of Standing. Plaintiff has not proven ownership of the alleged account with standing to sue.

3. Statute of Limitations. Plaintiff has failed to show the alleged debt is within the statute of limitations for collection.

4. Lack of Privity. No agreement exists between Plaintiff and Defendant.

5. 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.

6. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

7. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

7 .My wife. address and phone no.. xxxxx is wife of Defendant and therefore has knowledge of the preceding against the Defendant. She also has no knowledge of alleged account and debt and will testify to such.

RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS

1. Defendant is unaware of any such documents and therefore cannot produce said documents.

2. Defendant is unaware of any such documents and therefore cannot produce said documents.

3. Defendant is unaware of any such documents and therefore cannot produce said document

4. Defendant is unaware of any such documents and therefore cannot produce said documents.

5. Defendant is unaware of any such documents and therefore cannot produce said documents.

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to:

LOVE, BEAL & NIXON, P.C.

Attorneys for Plaintiff

P.O. Box 32738

Oklahoma City, Ok 73123

on __________________________________

My Name

Defendant acting pro se.

my

address

(XXX) XXX-XXXX

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Any comments or critique will be greatly appreciated. One thing I am missing is my response to the following admission:

Admit the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Exactly what are they asking? If I am the defendant and that is my name?

Next, I gonna try to paste a copy of their request for you to view and reference for my response.

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We can't really advise you as to the quality of your answers because you did not post the questions. As for the one you're stuck on, the language is sort of vague, so you could object on the grounds that the wording is unclear. I THINK what they want is clarification that you are indeed the proper person against whom suit was filed. In that case, just answer thusly: "the defendant admits that his / her name appears as the defendant in the instant action." Don't admit to anything else. I would wait to incorporate special defenses, it is way too early for that and I would answer accordingly. "Discovery is incomplete, therefore Defendant reserves the right to plead affirmative defenses that may become applicable and/or available at a later time" is sufficient. Leave out all the for instances, they are not necessary.

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ADMISSION 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

ADMISSION 2: Admit that you owe the obligation which is alleged in Plaintiff's Petition. If you deny this, then an appropriate response to Interogatory No. 4 below will be required.

ADMISSION 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff's petition.

ADMISSION 4: Adit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

INTERROGATORY NO. 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address.

INTERROGATORY NO 2: Did you obtain credit on the account referenced in Plaintiff's petition?

INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $xxxx? If not, please state the following:

A. The date of each payment you contend was made.

B. The amount of each payment you contend was made.

C. The address you contend you mailed each payment to.

D. Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

INTERROGATORY NO. 4: If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO 5.: In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A. The date of all letters, phone calls, memos, notes, notices, etc., that the Defendant received.

B. The nature and subject matter of any and all such communications.

C. Defendant's response or reply to the communication, if any.

INTERROGATORY NO 6: State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

INTERROGATORY NO. 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A. The subject matter of which such person has knowledge;

B. The substance of the facts and opinions which of such opinion is expected to testify;

C. A summary of the grounds for such opinion.

And then there was the Request for Documents. No need to detail their requests since i simply denied all of them.

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