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A Midland Funding (JDB) vs. Me post.


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Good Evening folks. First post :) and like others have found myself here because of similar situations in regards to being sued. However, before i lay down my current situation i would just like to say ive been lurking this site for a couple of months and you folks have given me hope and have provided very intuitive information thus far:) So i decided to register and try to be a little more proactive on my situation.

1. Who is the named plaintiff in the suit?

A: Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

A: Korn Law Firm Columbia SC

3. How much are you being sued for?

A: 9K

4. Who is the original creditor? (if not the Plaintiff)

A: Chase card member services

5. How do you know you are being sued? (You were served, right?)

A: Sheriff Deputy

6. How were you served? (Mail, In person, Notice on door)

A: in person, at my front door.

7. Was the service legal as required by your state?

A: there is a filed aff on public court site of service.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

A: none noted

9. What state and county do you live in?

A: South Carolina (Beaufort County)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

A: Sept 2007 best of my knowlege

11. What is the SOL on the debt? To find out:

A: I believe 3 years

Current Facts as of 2/6/12......On 12/16/11 I was summonsed, Have sent Answers and defenses to plaintiff Att. and filed with court well within 30 days. Also sent plaintiff Att. production of docs ect. Was mailed a big pile of scary and intimidating verbage of responding answers and objections with a set of admissions. I have been researching my next coarse of action which is answering their admissions and discovery wish list.

This appears to be the typical Midland complaint that many others have posted about (i.e.) hearsay affidavit, OC copies of statements, print out of amount owed thats attached to exhibit "A".

Soon as i'm able to make a few more post, I will scan and paste the actual summons, my answers and the responses.

Just wanted to join CFC, say Hi and get to know everybody while i research my next coarse of action.

Hi! :)++

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The SOL is definitely 3 years. Did you confirm your date of last payment? If it was in 2007, it's outside the SOL. Did you use the SOL as an affirmative defense? What evidence did they include with the Complaint?

If you want some opinions on responses to their request, post the requests.

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Thanks BV80, Just went back and looked. They have it as Sept. 17 2009. I got all excited for a moment there! Good Eyes my friend. I was really hoping to find a way to post everything in it's full original state before having to type out everything.

They basically objected to almost all of my request for documents and defenses.

How does it work where im able to scan my documents to upload? is that the going fashion here? Or, do i just type the requestes and such them out?

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Thanks BV80, Just went back and looked. They have it as Sept. 17 2009. I got all excited for a moment there! Good Eyes my friend. I was really hoping to find a way to post everything in it's full original state before having to type out everything.

They basically objected to almost all of my request for documents and defenses.

How does it work where im able to scan my documents to upload? is that the going fashion here? Or, do i just type the requestes and such them out?

First, I'd get copies of my bank statements to confirm the date of last payment. Don't depend on their "honesty". If you don't have your statements, get copies from the bank for several months around the time they claim you made the last payment. Also, you can check the original creditor's entry on your credit report. See what they state as the date of last payment.

I don't know how to upload the documents. Some people use a google document site. Sorry about that. I haven't had to do it. Hopefully, someone will chime in. If that doesn't happen, you can type it all out. Just delete any identifying information.

It will be interesting to see what you requested and why they objected. BTW, discovery in SC is ongoing. If necessary, you can send more requests.

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Chalk up another one in the good for you column.

If i understand that correctly, that must explain why and when i look on local current pending and dismissed cases on my county courts website in regards to Midland it shows the few who have fought have pending cases for some of two years and on going. I guess it's see who can get most blue in the face for asking for documents in the discovery phase.

If i cant find a way to post the evolution of original documents, i will start typing :) I apologize, i'm so new here and trying to figure out the forum trends

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One way to post your documents is to scan them and save them in a file of your choice as a .PDF (Basically a Picture). Then you will be able to copy and paste to a M/S Word document that allows you to edit and make changes with out redacting. You can then copy and post your modified documents to the forum as .doc format type of document that doesn't take up much space. (Allows you to edit out personal info and modify numbers)

One of many ideas.

Best,

HP

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I apologize, I'm having a difficult time converting multiple photo tiff files to an up loadable format. Soon as i figure it out, i will be posting

See if you can change the format in your save process to either .jpeg or .pdf (Adobe Acrobat Reader). Tagged Image File Format (TIFF) can sometimes be pretty large.

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It's called OC software as I recall. It works off your scanner. You scan the document, then the program converts the images to live text. Then you can copy and paste it here. It is extremely burdensome for us to flip back and forth looking at jpegs. Me, call me the bad guy, but I won't do it. Definitely check out that SOL. Got your old checkbook registers?

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