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Being sued by Midland...


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Hello:

Here are the particulars:

1. Who is suing you? Midland Funding LLC ("Doing Business In Ohio As Midland Funding DE LLC)

2. For how much? 1400 and change.

3. Who is the original creditor? Dicks sporting goods.

4. How do you know you are being sued? Served with summons at home. Need to file response by March 12th.

5. How were you served? Were you served? Served at home by mail.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember any from Midland but I got notices from other companies that I believe are aliases for Midland.

7. Where do you live? Ohio

8. When is the last time you paid on this account? Sometime in early 2009

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). Waiting on my answer.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No

12. Does your summons require a response in writing? Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Yes and No.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Nothing else was sent except a page that says "NOTICE OF ADDITIONAL OBLIGATION INFORMATION"..."This is a communication from a debt collector... and it states my contact info name of the original creditor, the last four of the account number, statute of limitations (April of 2013), date of charge-off date of last payment, name of the current owner of the account, and the amount of the alleged debt.

14. What is the SOL on the debt? According to the info sent by Midland, it's April of 2013.

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Ok. I think I may do the Arb route but one question that I have is that in the complaint, Midland just states itself as "Midland Funding LLC Doing Business In Ohio as Midland Funding DE LLC" but it doesn't add on anything that says if they're an assignee of anything...usually, you get something like "Midland Funding LLC Assignee of GE Money Bank"

Is this something out of the ordinary or a hint that they may not actually own the account?

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Here are the complaints and my responses and affirmative defenses. Let me know what you guys think:

COUNT I: MONEY LENT/MONEY PAID

1. Defendant(s) was/were cardholder(s) of credit card account number: XXXX-XXXX-XXXX-XXXX, originally owed by Defendant(s) to GE Money Bank, the card issuer on said account, who extended credit to Defendant(s).

2. Defendant(s) used the credit card at various times, and thereby requested loans, advances, and/or payments of various sums of money for the use and benefit of the Defendant(s).

3. Defendant(s) promised to repay all such sums loaned, advanced and/or paid out, but Defendant(s) defaulted on this repayment obligation, leaving a balance due in the sum of $xxxx.

4. Plaintiff thereafter acquired, for a valuable consideration, all right, title and interest in the unpaid credit card debt. As a result of the assignment, Plaintiff became, and now is entitled to recover the amount paid out by the use of the Defendant's (') credit and/or loaned at Defendant's (') request, on the credit card.

5. There is presently due the Plaintiff from the Defendant(s) for the money loaned/money paid out on Defendant's (') credit card, the sum of $xxxx.

6. Plaintiff notified Defendant(s) of the assignment and demanded that Defendant(') pay the balance due, but no part of the foregoing balance has been paid.

7. The account records are not attached hereto because, upon information and belief: (a) Plaintiff is not the original creditor and does not have possession, custody or control of said records; (B) copies were sent monthly to the Defendant(s), and are or were in Defendant's (') possession, custody or control; © said account records may be voluminous. Additional information concerning this obligation is set forth in the attached notice.

COUNT II: UNJUST ENRICHMENT

8. Plaintiff incorporates by reference herein, each allegation set forth above.

9. Defendant(s) promised to repay the entire unpaid balance on the credit card account promptly upon receiving monthly periodic billing statements, but failed to do so.

10. Defendant(s) knowingly retained the benefits derived from the use of the credit account, without having repaid the balance outstanding on the credit card account.

11. Retention of the benefits conferred upon the Defendant(s) under these circumstances would be unjust without requiring the Defendant(s) to make payments for the same.

12. Defendant(s) has/have been unjustly enriched in the amount of the outstanding balance set forth above, as Defendant(s) knew or should have known that the credit was not being provided gratuitously.

DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT

I am responding to the plaintiff's numbered allegations in the order presented in their complaint.

1. Denied.

2. Denied.

3. Denied.

4. Denied.

5. Denied.

6. Denied.

7. Denied.

8. Denied.

9. Denied.

10. Denied.

11. Denied.

12. Denied.

AFFIRMATIVE DEFENSES

1. The court lacks jurisdiction due to the presence of a binding arbitration clause in the cardmember agreement.

2. Plaintiff has failed to provide evidence sufficient for which relief can be granted.

3. Plaintiff Lacks Standing. Plaintiff has not proven ownership of the alleged account which is the subject of the Complaint and, therefore, has not proven standing to initiate legal action.

4. The Plaintiff has failed to mitigate its damages.

5. Plaintiff has failed to support its claim with account documents as required by Rule 10(D)(1) of the Ohio Rules of Civil Procedure.

FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied, or controverted.

WHEREFORE, Defendant prays the complaint herein is dismissed with prejudice at the Plaintiff's costs and for any other relief deemed just and proper under the circumstances.

Respectfully submitted,

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