Neobane

Midland, LBN, and Petition for Indebtedness

Recommended Posts

1. Who is the named plaintiff in the suit? Spouse

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

3. How much are you being sued for? $2,715.86 plus fees

4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services / Webbank

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? rec'd 2 letters, ignored

9. What state and county do you live in? Oklahoma

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown, Webbank/Dell does not show on Experian, Equifax required written report request, Transunion blew up while attempting to print report, can't pull again.

11. What is the SOL on the debt? To find out: 3 years on open accounts, 5 years on written. This forum and other personal contact seems to indicate 5 years for credit accounts.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Petition filed and certified by court clerk on June 29, 2012. Served on July 8, 2012. No answer submitted yet.

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

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?Answer due to court within 35 days after service of this summons upon you exclusive of the day of service?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None

17. Read this article: Read it.

I was served a 3 page document notarized and signed by the court clerk on June 29, 2012. On July 8, 2012 I recieved the summons by courier? at my house. This document does not look like any of the previous summons that I've seen on these forums. It's very odd.

[page 1]

IN THE DISTRICT COURT OF <COUNTY> COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC, )

PLAINTIFF )

) No. <Court Case No.>

vs. )

)

<SPOUSE>, )

DEFENDANT. )

SUMMONS

To the below-named Defendant:

Name:

Address: Wife's Name

Our street

City: Our City

State: Oklahoma

Zip Code: Our Zip

Home Phone: My home phone

"You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the office of the court clerk of <COUNTY> County located at <address>, within thirty-five (35) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff. Failure to respond , in writing, within thirty-five (35) days, will result in default judgment being entered against you."

BOLD: "No request will be made to the Court for a Judgment in this case until the expiration of 35 days after you receipt of this Petition and Summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with receipt of the Petition and Summons, all collection efforts, including our proceedings with this lawsuit, will cease until we respond as required by law."

Issued this 29 day of June, 2012

Court Clerk

By <signature>

Deputy Court Clerk

Love, Beal & Nixon, PC

Attorneys for Plaintiff

<Address>

This summons was served on the 8 day of July, 2012 [Handwriting is atrocious: 8 is barely legible, 2 is supposed to represent July and \ is 2012...]. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY SUCH MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STATED IN THE SUMMONS.

[page 2]

June 26, 2012 <law firm's case no.>

IN THE DISTRICT COURT OF <COUNTY> COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC, )

PLAINTIFF )

) No. <Court Case No.>

vs. )

)

<SPOUSE>, )

DEFENDANT. )

PETITION FOR INDEBTEDNESS

COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states:

1. Unless you, within 30 days after recept of this notice, dispute the validity of the debt, or any portion thereof, we wil assume the debt to be valid. If you notify this law fir, Love, Beal & Nixon, P.C., in writing, within the 30 day perioud, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose.

2. Webbank/ Dell Financial Services LLC, provided credit to the defendant on a written credit card account with an account number of XXXXXXXXXXXXXXX4723. At the time of charge off, the balance was $2,715.86. The indebtedness of arising therefrom has been duly assigned to MIDLAND FUNDING LLC, , plaintiff herein. The Defendant defaulted on the obligations required under contract.

3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $2,715.86.

[page 3]

WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum of $2,715.86, with interest at the statutory rate fromthe date of judgment, all court costs, and a reasonable attorney's fee, and for such other and further relief as to this Court may seem aquitable, just and proper.

<signature>

bunch of names and #numbers

ATTORNEY'S LIEN CLAIMED

---------------------------------------------

Edited by Neobane
Edit for confidentiality

Share this post


Link to post
Share on other sites

So there are alot of questions right now, first and foremost. When is the Answer due, 35 days from June 29 or July 8? Are they really asking me to send them a DV letter? The court confirmed this is a valid summons and court case. The standard Answer templates don't seem to apply, so should I keep using them and skip the Interogatory part or do I need to use a different form?

Share this post


Link to post
Share on other sites

Given the vagueness of the summons, This is my attempt to reply to the summons. Any advice would be greatly appreciated.

IN THE CIRCUIT COURT OF COUNTY COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC, )

Plaintiff, ) Case No. CASE NO

vs. )

DEFENDANT, )

Defendant(s). )

DEFENDANT’S ANSWER TO PLAINTIFF’S REQUESTS FOR ADMISSIONS

DEFENDANT, appearing pro se, for DEFENDANT’S ANSWER TO PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS, states as follows:

• All Answers correspond to the numbered paragraphs of the Complaint.

• All allegations of the Complaint are denied unless expressly admitted herein.

1. DEFENDANT disputes PLAINTIFF’s claims and requested document has been sent to PLAINTIFF.

2. DENIED

3. DENIED

CERTIFICATION OF SERVICE

A copy of the foregoing mailed this DATE, to: MIDLAND FUNDING LLC, ADDRESS.

______________________________

DEFENDANT

Share this post


Link to post
Share on other sites

Deny everything as appropriate.

The 35 days begins the day served...so you want to have your answer in sometime around Aug 10

Share this post


Link to post
Share on other sites

Nice job. Most of the time we see tons of commentary after denied, a ton of irrelevant arguments for an answer and a laundry list of affirmative defenses.

Your answer is perfect, in my opinion. What I would do is hold off filing it until right around the time it is due (maybe wait until the first week in August). Then use the time right now to really get a solid idea of how you want to attack and work on your strategy and discovery.

Share this post


Link to post
Share on other sites

i m enduring the same with Midland LBN and chase. i sent them request for discovery and sent me back a package after 35 days with my credit statements and a horible contract with no accounts and some paperwork from some legal people from chase and midland. I also received a letter from LBN requesting admission and interrogatories from me. i still have a week to respond to them. Fight back and don t let them scare you. Good luck

Share this post


Link to post
Share on other sites

Update: I'm getting ready to file my answer. One question I have is I plan to argue standing on this case. If they cannot prove standing and lose, do I have the right to file counterclaim for posting the debt on the CR? Would the answer be the place to file the counterclaim based on the contention that they cannot prove standing thereby making their claim to the debt on the credit report false?

Share this post


Link to post
Share on other sites

What is the information (documentation, etc) you have that proves they lack standing?

Standing means ownership of the account. I believe they can still report it as delinquent if it is indeed delinquent. Two different issues technically. I haven't seen anybody countersue successfully on the standing issue. Unfortunately, these bums can file a case with absolutely no evidence and get away with it. You might be able to get the tradeline removed, but I doubt you could sue them and win on that standing issue.

Share this post


Link to post
Share on other sites

Sorry about the delayed response, Legal. I didn't see the notification email. I am going to file the Answer by this Friday. I don't know what standing they have, but I figured to find out during the interrogatories. My suspicion is that they do not have sufficient evidence to prove they legally own the account they are trying to collect on.

My line of thought is that if the court finds in my favor or the case is dismissed in my favor, does that prove that they do not legally own the account and thereby not authorized to report to the credit bureaus?

Also, I file the answer today, what is the next series of exchanges I can expect? I.E. what is the order for their Motion for Summary Judgement, The Interrogatories, when/should I file my Motion for Dismissal and Interrogatories, etc.

P.S. This site has been a boon for our case. I researched the Oklahoma Courts network and found HUNDREDS of suits with not even 10% of them answering and not even 10% of those ANSWERING doing so with the intent to challenge. However, every single one who challenged won. All case documents looked just like the helpful folks on this site said they should look and were winners, so props to you all and thanks.

Share this post


Link to post
Share on other sites

I'm not much for the FCRA, not my field. They usually follow a pattern, they'll send some discovery and then try an MSJ. If they don't get too far and see opposition, they may dismiss for this amount.

Share this post


Link to post
Share on other sites

First of all would like to say this site and forum has already given me renewed confidence to fight back against jdb's and/or OC's. I look forward to learning how to successfully defend myself with the resources available in this community.

Apologies if I am intruding on this thread or need to create a new one as I am newbie, but did want to get some further information on the best way to proceed with Midland specifically and related defense strategies to hopefully have them drop the suit outright. Should I file a motion to dismiss before the answer or alongside it? Civil procedure and losing on a technicality scares me enough so advice or "information" (via a Coltfan etc) is definitely appreciated:)

I too am located in Oklahoma and have been served a petition for indebtedness and summons so it is nice to see someone dealing with this locally. Info about the suit against me is listed below..

1. Who is the named plaintiff in the suit?

Myself

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

3. How much are you being sued for? $7,000 and some plus fees

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 2 letters ignored

9. What state and county do you live in? Oklahoma

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

11. What is the SOL on the debt? To find out: Appears to be 3 or 5 years.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Petition filed and certified by court clerk on July 23, 2012. Served on July 26th, 2012. No answer submitted yet.

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

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Answer due to court within 35 days after service which was on July 26th.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None: Just referenced an account # and "mythical" OC.

I was served a 3 page document as well notarized and signed by the court clerk on July 23, 2012. On July 26th, 2012 I got the summons by process server at my residence.

IN THE DISTRICT COURT OF <COUNTY> COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC, )

PLAINTIFF )

) No. <Court Case No.>

vs. )

)

<SPOUSE>, )

DEFENDANT. )

SUMMONS

To the below-named Defendant:

Name: Me

Address: yep

Our street sure

City: Our City

State: Oklahoma

Zip Code: Our Zip

Home Phone: My incorrect phone number.

"You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the office of the court clerk of <COUNTY> County located at <address>, within thirty-five (35) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff. Failure to respond , in writing, within thirty-five (35) days, will result in default judgment being entered against you."

BOLD: "No request will be made to the Court for a Judgment in this case until the expiration of 35 days after you receipt of this Petition and Summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with receipt of the Petition and Summons, all collection efforts, including our proceedings with this lawsuit, will cease until we respond as required by law."

Issued this 23 day of July, 2012

Court Clerk

By <signature>

Deputy Court Clerk

Love, Beal & Nixon, PC

Attorneys for Plaintiff

<Address>

This summons was served on the 23 day of July, 2012

YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY SUCH MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STATED IN THE SUMMONS.

[page 2]

June 26, 2012 <law firm's case no.>

IN THE DISTRICT COURT OF <COUNTY> COUNTY

STATE OF OKLAHOMA

MIDLAND FUNDING LLC, )

PLAINTIFF )

) No. <Court Case No.>

vs. )

)

<SPOUSE>, )

DEFENDANT. )

PETITION FOR INDEBTEDNESS

COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states:

1. Unless you, within 30 days after recept of this notice, dispute the validity of the debt, or any portion thereof, we wil assume the debt to be valid. If you notify this law fir, Love, Beal & Nixon, P.C., in writing, within the 30 day perioud, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose.

2. Chase, provided credit to the defendant on a written credit card account with an account number of xxxxxxxxxxxxxxxx123456. At the time of charge off, the balance was $7K+ and change. The indebtedness of arising therefrom has been duly assigned to MIDLAND FUNDING LLC, , plaintiff herein. The Defendant defaulted on the obligations required under contract.

3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $7K+ and change..

[page 3]

WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum of $7K+ and change, with interest at the statutory rate from the date of judgment, all court costs, and a reasonable attorney's fee, and for such other and further relief as to this Court may seem equitable, just and proper.

Share this post


Link to post
Share on other sites

If Midland is the plaintiff, file for arbitration through the credit card agreement, 99% of the time this gets rid of them, they'll never pay 6-10,000 for a credit card account they bought for 2 cents on the dollar.

Share this post


Link to post
Share on other sites

I'm going by to file these papers in the morning.

On the Answer, when I file it, do I need to get someone else to sign and mail the copy to the JDB? The suit said to send a DV letter, so on that do I need to get someone else to sign and mail it? Do I file/send the Request for Production of Documents Directed to the Plaintiff at the same time I file the Answer? And, is there any point in sending the JDB a Deb Collector Disclosure Statement through their attorneys?

Share this post


Link to post
Share on other sites

Thank legaleagle. Pardon my ignorance, but does that mean

I notify the attorney(s) representing Midland that arbitration via the credit card agreement is requested in my answer or later and through other means? If that is the case what is a recommended method to structure the proper response?

Thanks in advance for your assistance.

Share this post


Link to post
Share on other sites
I'm going by to file these papers in the morning.

On the Answer, when I file it, do I need to get someone else to sign and mail the copy to the JDB? The suit said to send a DV letter, so on that do I need to get someone else to sign and mail it? Do I file/send the Request for Production of Documents Directed to the Plaintiff at the same time I file the Answer? And, is there any point in sending the JDB a Deb Collector Disclosure Statement through their attorneys?

When I file anything I take three copies to the courthouse. I have all three stamped then leave a copy with the clerk, mail a copy with the certification of date mailed on the last page, and keep a copy for my file. I send almost everything via cmrrr .

In Oklahoma you can sign and send yourself. Make sure you have the certification of mailing it on there. You should work on sending your discovery requests soon after it does not have to be at the same time but doing it soon will catch love Neal and nixon by surprise . They are sloppy in their work from my experience with them. Not sure what a debt collector disclosure statement is so I've never sent one lol.

Share this post


Link to post
Share on other sites

@notgoingdown1: Have you been successful defeating or getting a dismissal against a jdb in Oklahoma? I am weighing the options as for a good offensive strategy. Arbitration was mentioned earlier in this thread, but need to understand better when and at what stage in the process that could and should be used as a weapon etc.

Share this post


Link to post
Share on other sites

Arb should be used before you get way into litigation, because the court may deny it. You (as I understand it) file a one page Motion to Compel Arbitration in lieu of an answer.

Share this post


Link to post
Share on other sites

Thanks legaleagle.. I am doing my best on attempting to read as much as possible before I write up the MTC arbitration and file it with the court for the Midland case. I know I have an absolute ton to learn..

In addition to the Midland suit against me I also am beginning the battle of a breach of contract complaint from a local attorney firm representing Discover. On that suit (which was filed now just over 3 months ago) ... I never filed an answer (yes realizing that was stupid), but no motion for summary judgment has been requested according to court records.

My question is if I still have time or if a good idea to file a MTC for arbitration on that suit as well since I failed to provide an answer to their complaint?

Discover is obviously the OC and I actually would be willing to negotiate with them and/or settle, but if I can make it as hard on them as they are obviously trying to make on me then I am fine with that and would enjoy making things difficult for these attorneys8-)

Trying really hard to educate myself so I can understand civil procedure and get more comfortable with it. My biggest fear I guess is the courtroom and a trial, but as I am seeing as long as you follow procedure and law and do not succumb to intimidation easily you can obviously be successful.

My biggest inspirations on this board thus far to date are coltfan and of course legaleagle as well:lol:

I have learned a ton in just the past 2 weeks in this community alone.

Thanks in advance!

Share this post


Link to post
Share on other sites

I'm surprised they let that slide, but since they did, file an answer. They won't be able to object. They're just as guilty as you. They file hundreds of cases, they cannot possibly keep track of all of them. If the Discover case is a similar amount, arb that one too.

Edited by legaleagle

Share this post


Link to post
Share on other sites

Thanks legaleagle..

Both suits are similar amounts yes. I guess my question is if filing the MTC arbitration would be a good initial strategy against both the jdb suit (Midland) and OC suit from (Discover).

Obviously I would need to confirm the cc agreements use arbitration as a resolution/remedy method outside of court right? I obviously need to continue reading..lol:(

Share this post


Link to post
Share on other sites

i m in the same boat as you. i m being sued by midland (chase) Love beal and Nixon. I sent discovery and they sent me bunch of worthless papers. I received interrogatories and discovery request for them and i sent my answers. Now i m just waiting for the next phase.

Share this post


Link to post
Share on other sites

@maradona1945: Ugh. Well keep me posted on your progress as I will need the help and suggestions moving forward as well.

I am trying to figure out if it is a good idea to file a MTC with arbitration in lieu of an answer at this point for both the Midland and Discover cases.. I have an uphill battle for sure..

Share this post


Link to post
Share on other sites

I don't believe there is any credit card agreement prior to 2010 that does not have an arbitration clause. Chase took it out of theirs in 2010, don't know of anybody else who did. Most of the agreements are supposed to be on line at the FTC from 2009 onward. If not, someone here will have the ones you need.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.