4ever

Midland Funding LLC vs Me in SC

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I am being sued by Midland Funding LLC. I have been reading as much as possible but am still unclear as to how to respond to the summons. The attorney filed over two weeks before I received the papers. I was not asked to sign for receipt of the papers so there isn't any legal proof of the date I received them. So my first question is how will the court determine when the thirty days started? I am not being flippant, I just don't know how much time I have to respond. The papers state I must respond "within thirty (30) days after service hereof, exclusive of the day of such service". If I can't prove when I received the papers do I only have a few days to respond?

1. Who is the named plaintiff in the suit?

Midland Funding LLC

2. What is the name of the law firm handling the suit?

Law Firm Columbia SC

3. How much are you being sued for?

9K

4. Who is the original creditor?

Chase card member services

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

Man (not a police officer or deputy)

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

In person at my front door

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

Not sure. It has been filed with the county courthouse. Also, the filing date was two weeks before I was handed the papers so not sure how much time I have to respond (is this a ploy on lawyer's part?)

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

Letter from attorney so I sent DV letter and received same cookie cutter response as posted by other members here.

9. What state and county do you live in?

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)

Sept 2009 (attorney claims this is the date).

11. What is the SOL on the debt?

3 years

I don't have enough posts to upload the summons documents but they appear to be identical (except for my personal info) to UnclePorkChop's docs that were uploaded in Feb 2012. How I'd I respond if the papers I was served do not have a case number (it was date stamped by the court but it is blank). ETA: I looked it up online and there is a case number on the court's website so I will use that.

I appreciate any advice and am off to read some more so that I can figure out how to properly respond.

Edited by 4ever
Typo

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Don't panic. Proof of service has to be filed with the court within 10 days of service. Check online. If the online records don't show that you were served, call the clerk of court just in case the information wasn't updated.

You have 30 days from the date of service to answer the Complaint. Here's the court rules:'

SC Judicial Department

Read the civil rules. If you post the allegations, you'll get suggestions for responses.

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You got the resident S.C. expert with BV80. Do what he says and you can wipe the floor with them, that is if you are determined to win.

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Thank you, BV80 and Coltfan1972. I don't have enough posts so I can't quote you or upload the summons documents. It has been over two weeks since I was handed the papers but yesterday was a holiday so that might give them an extra day. As of now, there isn't anything showing proof of service on the court website. What should I say when I call the clerk of court? Not sure what would be appropriate..."just checking to see if there are any lawsuits pending against me"???

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Also, I assume that I will need to drive to the courthouse to file my response in person. Then do I get a Certified copy of it and send it return receipt to the law firm?

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You can call the clerk and give her your name or the case number. Ask if a proof of service or anything other than the Complaint has been filed. He/she may even go look in the file if the online records don't show anything.

You can file you Answer by mail, but that works best if you have plenty of time left. If you're pushed for time, it might be best to file in person. You need your original answer and 2 copies. The court gets the original. I got all 3 of the stamped with the date and time of filing. Keep one copy for yourself and mail the other to the attorney.

Follow the format of Midland's Complaint. Be sure to sign your answer and include a statement verifying that everything you've stated is true. If Midland's Complaint has something similar with the attorney's signature, you can use the same statement as your verfication. After your signature, include your address, email address, and phone number.

You can also include a Certificate of Service stating that you certify that you mailed a copy of your answer to _______________ (attorney for the Plaintiff) on whatever date. The Certificate of Service would have the court header just like the Complaint. Make 2 copies. Just like your answer, file the original with the court and send one along with your answer to the attorney.

I sent my answers to the attorneys by certified mail and included that information in my Certificate of Service.

Edited by BV80

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Thank you BV80. Once I figure out how to get upload permission I will add the documents and the response that I have drafted.

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Thank you BV80. Once I figure out how to get upload permission I will add the documents and the response that I have drafted.

You need a certain number of posts. I think it's 20. Just write posts. We have some off topic sections to which you might respond. There might be something in credit repair to which you could add a comment.

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Better if you just type them, it's easier to respond that way. Not too many of us will jump back and forth to an outside jpeg.

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Yeah, just copy and paste them to this thread, don't link them.

Just go bump some off topic threads and build your post count up.

That 20 post rule just keeps the spammers and scammers from uploading all their garbage because 99% of them are caught before they can be on the board long enough to get 20 posts and they are so lazy they won't even take the time to even bump some threads.

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Be sure to follow the exact rules of your counties court. Like me in Beaufort county, the court doesn't want me to file discoveries and such documents unless an order or motion has been made to do so. Charleston county being different, they require you to file all documents between the two parties if an order has been made or not.

In regards to the court website updating the posted information. i know my court is like 2 weeks behind on posting items. I called the clerk and asked them and they told me they were two weeks behind in filing. So be careful following the courts case updates.

I ended up hiring an attorney because i was lost to the next step after filing on a motion to compel by plaintiff. I haven't heard much from my attorney but feel its still real early in the process for me and time will only tell my fate.

I should have filed a counter claim and a jury trial demand at the same time i answered. this tactic seems to scare many midland attorneys away from what ive witnessed in many cases.

Go to Charleston County court website. Their site allows users to open actual pdf documents of filings to read as the cases progress. You may gain a pretty good incite to what defense lawyers are filing. Good Luck!

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Yeah, just copy and paste them to this thread, don't link them.

Just go bump some off topic threads and build your post count up.

That 20 post rule just keeps the spammers and scammers from uploading all their garbage because 99% of them are caught before they can be on the board long enough to get 20 posts and they are so lazy they won't even take the time to even bump some threads.

I think this will make 20 posts so I should be able to posts the documents now. When you say copy and paste, do you mean retyping every document? I though I could just scan and add the images to my posts.

Be sure to follow the exact rules of your counties court. Like me in Beaufort county, the court doesn't want me to file discoveries and such documents unless an order or motion has been made to do so. Charleston county being different, they require you to file all documents between the two parties if an order has been made or not.

In regards to the court website updating the posted information. i know my court is like 2 weeks behind on posting items. I called the clerk and asked them and they told me they were two weeks behind in filing. So be careful following the courts case updates.

I ended up hiring an attorney because i was lost to the next step after filing on a motion to compel by plaintiff. I haven't heard much from my attorney but feel its still real early in the process for me and time will only tell my fate.

I should have filed a counter claim and a jury trial demand at the same time i answered. this tactic seems to scare many midland attorneys away from what ive witnessed in many cases.

Go to Charleston County court website. Their site allows users to open actual pdf documents of filings to read as the cases progress. You may gain a pretty good incite to what defense lawyers are filing. Good Luck!

Thank you. I am in the same situation as you, just behind in the process. I was able to find your case on the court's website (can't see the docs though) and appreciate any advice you can offer.

Edited by 4ever

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I read on another thread that the DV letter received included several attachments of copies of the first page of statements. The "proof" I received was a typed letter stating an original creditor, an alleged account number, an alleged date of last payment, etc. It was generated by a secretary at the law firm. Is that considered a DV letter?

Edited by 4ever

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Did some searching on the court website and a lot of cases are dismissed by Midland because of non-service. Looks like they try to serve defendant for about 6 months and then dismiss under per Rule 41(a) (request for dismissal by the Plaintiff). From what I can see, each of the judgments was won by default (no response was filed by defendants). Only a few cases are pending from the past 6-8 months and at least a few of those are still non-serviced. Interesting and hope it helps those of us who elect to fight. I will be back to post my documents later.

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Went through all of the Midland cases in the past year and only three defendants answered the initial Summons and many other people got off for non-service. Of the three who filed responses with the court, two are still pending and one case was dismissed by Midland Funding under the same rule 41(a) (however, Midland used a different law firm than they are currently using). Interesting...

Edited by 4ever

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Hey 4Ever,

In the case records search que, if you modify your search settings a little bit, it will save you some time searching over each case (i did that too haha!) (last name/business- Type Midland, In the (case Sub-type - scroll to debt 110, in the action type- scroll to Answer/Answer. This will bring up all on the cases ever answered to by the defendants.

Dont limit your searches to just Midland. Try the other JDB's There is a ton on there. You can find out which one they are and how Beaufort County types them in buy modifying the search to just (case sub-type - scroll to debt 110) that will bring up all of the JDB's

Also understand that many who have been dismissed are those who got sued after the 3 year rule and used it as a defense in their case.

That's why its important for you and I to prove they have lack of standing to sue because they can't prove they own the debt by means of a Bill of Sale. ...we don't wanna pull that card to early because they may just come up with one.

Here's a changing trend i've noticed with Korn Law and midland cases as for the last couple months. Instead of filing complaint under arbitration, they have been filed under mediation court. Why is that? Anyone? BV80? Colf? LE?

I can screen shot the public search page to show you if you like.

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Here's a changing trend i've noticed with Korn Law and midland cases as for the last couple months. Instead of filing complaint under arbitration, they have been filed under mediation court. Why is that? Anyone? BV80? Colf? LE?

Could you explain a little more, please? In SC, under ADR, most of these cases go to mediation. I believe the both parties have to agree to non-binding arbitration.

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these are pending cases as of 2012. see how the filings change to mediation. all the rest before say arbitration (if you open each case file and see. The first day you see mediation is close to the day Korn's new debt attorney westmoreland (sp) gets on board as active and attorney Boggs becomes inactive. wonder if that westmoreland guy is filing differently?

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I noticed some of the new attorney's cases were filed under "Arbitration-Non-Jury". It could be that the SC courts now require an attorney to specify either mediation or arbitration. It might also be the case that the new attorney has simply chosen to specify mediation.

Back when my cases were active, they showed "Arbitration-Non-Jury", but, in the one case that made it that far, we went to mediation.

Perhaps your attorney or the clerk of court could explain the reason for the difference.

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What is the difference between mediation and arbitration? They seem like the same thing to me.

ETA: Looked it up and can answer my own question:

It is customary to employ mediation as a non-binding procedure and arbitration as a binding procedure. Arbitrators generally act similar to a judge and make decisions about evidence and give written opinions, which can be binding or non-binding. Although arbitration is sometimes conducted with one arbitrator, the most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is then presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision.

Mediation, on the other hand, is generally conducted before a single mediator who does not judge the case but helps facilitate a discussion and eventual resolution of the dispute.

If Midland has filed for mediation do we have to accept it? Are there pros and cons to either?

Edited by 4ever

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It's been a few years since I went through it, but most counties have enacted mandatory ADR. If the case isn't resolved with 210 days, you have to make plans for mediation. I'm not sure if arbitration is within that same time period.

It's possible that you might be able get out of mediation if you make it known that mediation would be a waste of time and money because you're not going to settle. I'm not sure, though. You'll need to read the ADR rules.

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Thanks, BV80. I haven't had a chance to scan the documents yet but there is a page about ADR so and I had planned to include it. It is about as clear as mud to me.

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Here are the docs I was served:

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Need to read up on how to attach the rest of the docs. Will update as soon as I figure out how to do it anonymously.

Edited by 4ever

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