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Midland? Again?


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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!

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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.

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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 by Beergoggles
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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. ยง 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

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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.

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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!

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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.

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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.

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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

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I just received a letter for

A 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?

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