Beergoggles Posted January 25, 2012 Report Share Posted January 25, 2012 Well I am currently in court things with midland funding, I have mediation in less than 2 weeks. Well tonight I was served with another summons from midland for another credit card. the affidavit is word for word exactly as the last except for the "legal spe******ts" and alleged card number. Same lawyer as well. WTF? I have never heard of midland until I was served in Dec. Now I have 2 cases Geez! I need a beer! Link to comment Share on other sites More sharing options...
calawyer Posted January 25, 2012 Report Share Posted January 25, 2012 Well I am currently in court things with midland funding, I have mediation in less than 2 weeks. Well tonight I was served with another summons from midland for another credit card. the affidavit is word for word exactly as the last except for the "legal spe******ts" and alleged card number. Same lawyer as well. WTF? I have never heard of midland until I was served in Dec. Now I have 2 cases Geez! I need a beer!Make it a six pack. Celebrate. Midland doesn't have the goods it takes to win in most states. Link to comment Share on other sites More sharing options...
Seadragon Posted January 25, 2012 Report Share Posted January 25, 2012 I thought that all causes of action were to be brought into one suit.and file a counterclaim in the second suit then join both cases:) Link to comment Share on other sites More sharing options...
Beergoggles Posted January 25, 2012 Author Report Share Posted January 25, 2012 (edited) I thought that all causes of action were to be brought into one suit.and file a counterclaim in the second suit then join both cases:)I have no clue on that issue. You would think they would considering they(both affidavits) are notarized only a week apart.I have also read all kinds of posts about affirmative defenses and filing motions and the like. I spoke with a attorney and he told me to use the hearsay and not to file anything. He says everything they have as evidence is useless (affidavit/personal knowledge, and the credit company user agreements dated from 96) shows that their evidence is not trustworthy. No witnesses to prove accuracy. Thoughts? Edited January 25, 2012 by Beergoggles Link to comment Share on other sites More sharing options...
Beergoggles Posted January 25, 2012 Author Report Share Posted January 25, 2012 I just checked my credit report and the lawyers for midland have checked my credit report after they filed court actions on me. Is this legal? Link to comment Share on other sites More sharing options...
1stStep Posted January 25, 2012 Report Share Posted January 25, 2012 Sadly, yes it is...if it were before, you'd have a nice FCRA violation. Link to comment Share on other sites More sharing options...
KentWA Posted January 25, 2012 Report Share Posted January 25, 2012 I have to completely disagree with 1stStep. Since they pulled after they started a legal action that would be for the purposes of litigation which is forbidden.From the FTC Greenblat letter:In the 1990 Commentary on the FCRA, the Federal Trade Commission ("Commission") stated that "[t]he possibility that a party may be involved in litigation involving a consumer does not provide a permissible purpose for that party to receive a consumer report on such consumer . . . because litigation is not a 'business transaction' involving the consumer." 16 C.F.R. § 600 App., 55 Fed. Reg. 18804, 18816 (May 4, 1990). This statement extends to all aspects of litigation, including the pre-litigation discussions and settlement preparations that you describe, and was not altered by the recent amendments to the statute.FCRA Staff Opinion: Cosgrove-Greenblatt Link to comment Share on other sites More sharing options...
1stStep Posted January 25, 2012 Report Share Posted January 25, 2012 In may case against LVNV, the law firm pulled my credit the day before they filed suit - my lawyer told me it was an FCRA violation... Link to comment Share on other sites More sharing options...
KentWA Posted January 25, 2012 Report Share Posted January 25, 2012 This is true as well. Most law firm pulls are a violation. The one exception is the Debt Collection Law Firms that have non-attorney collectors and work the debts other than just litigation, but my belief is they would have to prove that it was not for litigation purposes.Also, I would argue in court that it was not only an FCRA violation, but FDCPA as well since it is something they are not permitted to do. Link to comment Share on other sites More sharing options...
1stStep Posted January 25, 2012 Report Share Posted January 25, 2012 That's what I sued them on, plus one or two other violations... Link to comment Share on other sites More sharing options...
legaleagle Posted January 25, 2012 Report Share Posted January 25, 2012 File a motion to consolidate the two actions into one. Courts do not like having multiple cases with the same parties, arising out of the same set of circumstances. This will put them in an "all or nothing" position. We'll help you get them the nothing end of that equation. Link to comment Share on other sites More sharing options...
Beergoggles Posted January 26, 2012 Author Report Share Posted January 26, 2012 (edited) Hmm.. they sued me, pulled a credit report then sued me again. Did they violate or not I ask? I read that opinion but all the legal ease gets me confused. Edited January 26, 2012 by Beergoggles adding content Link to comment Share on other sites More sharing options...
Beergoggles Posted January 26, 2012 Author Report Share Posted January 26, 2012 any help on my credit check problem? Link to comment Share on other sites More sharing options...
notgoingdown1 Posted January 26, 2012 Report Share Posted January 26, 2012 Hmm.. they sued me, pulled a credit report then sued me again. Did they violate or not I ask? I read that opinion but all the legal ease gets me confused.I am by no means qualified to answer this question, but in my OPINION, I'd be researching like crazy and throw it in as a counterclaim if for nothing else, for some leverage.Any counterclaim is better then none. Hopefully you'll get some more qualified answers but in the meantime, research research research! Link to comment Share on other sites More sharing options...
1stStep Posted January 26, 2012 Report Share Posted January 26, 2012 Was it Midland that pulled or the law firm? Link to comment Share on other sites More sharing options...
Beergoggles Posted January 26, 2012 Author Report Share Posted January 26, 2012 Was it Midland that pulled or the law firm?The law firm Link to comment Share on other sites More sharing options...
legaleagle Posted January 26, 2012 Report Share Posted January 26, 2012 Check into "permissible purpose." Use Google Scholar, the advanced tab, select all state courts. That should get you some case law explaining this situation. I think it's minor, it may be an FDCPA violation, but it does not affect the underlying case, the purpose of which is to determine whether or not you owe XXX to XXX. Link to comment Share on other sites More sharing options...
Beergoggles Posted January 26, 2012 Author Report Share Posted January 26, 2012 Check into "permissible purpose." Use Google Scholar, the advanced tab, select all state courts. That should get you some case law explaining this situation. I think it's minor, it may be an FDCPA violation, but it does not affect the underlying case, the purpose of which is to determine whether or not you owe XXX to XXX.Will do thank you. I thought I read somewhere where it was a violation but cannot find it again. If it is a violation I have them coming and going. Link to comment Share on other sites More sharing options...
1stStep Posted January 26, 2012 Report Share Posted January 26, 2012 (edited) It's an FCRA violation, but the law firm committed it...so you'd have to sue them separately from the case. Edited January 26, 2012 by 1stStep Link to comment Share on other sites More sharing options...
Beergoggles Posted January 27, 2012 Author Report Share Posted January 27, 2012 It's an FCRA violation, but the law firm committed it...so you'd have to sue them separately from the case. but they represent Midland Funding Link to comment Share on other sites More sharing options...
1stStep Posted January 27, 2012 Report Share Posted January 27, 2012 I had to sue the law firm separately...you could sue them jointly, however, you'll get into the situation where Midland will get defended for free Link to comment Share on other sites More sharing options...
Beergoggles Posted January 28, 2012 Author Report Share Posted January 28, 2012 It looks like the hearsay avenue is going to be the best for me considering all they are presenting as evidence documents are the affidavit and the cc agreement, they also state that I entered into a contract with Midland Funding LLC but see no contract provided.list of witnesses are as follows "a Authorized representative of Plaintiff/Plaintiff's assignor under whose supervision the account is kept at or near the time of the transaction. It is expected that the representative will testify as to the nature of the contract, the credit granted to the defendant, transactions on the credit card and the current outstanding balance including interest,attorney fees and costs.Then it lists myself as a witness Link to comment Share on other sites More sharing options...
VLDCA Posted January 28, 2012 Report Share Posted January 28, 2012 Then it lists myself as a witnessI was used as their witness too. Too bad I wasn't able to prove their case for them. Sad day for that atty!!! Link to comment Share on other sites More sharing options...
Beergoggles Posted January 29, 2012 Author Report Share Posted January 29, 2012 I just received a letter forA motion to permit attorney to appear on behalf of plaintiff, and for telephonic appearance of plaintiff at mediation. Plaintiff by and through counsel, and moves this court to allow Plaintiffs counsel to appear for plaintiff and to allow Plaintiff to appear telephoniclly for the mediation scheduled XXXXX because plaintiff is located in San Deigo Ca.A telephonic appearance by Plaintiff will not result in prejudice to either party. Plaintiffs counsel has full authority to settle this matter, but will not be able to contact Plaintiff via telephone if necessary.So what do I do next? Link to comment Share on other sites More sharing options...
1stStep Posted January 29, 2012 Report Share Posted January 29, 2012 You could object...but it wouldn't be a wise use of an objection... Link to comment Share on other sites More sharing options...
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