Meebz Posted August 20, 2012 Report Share Posted August 20, 2012 Hi everyone. I'm new to the forum and I need some serious help! I am being sued by Midland Funding for $2555. I received the summons in July and responded in the required time. I admitted the debt was mine even though they had never sent me bills or called me. I only admitted it was mine because the original creditor was Dell and I knew I had defaulted on a Dell account 5 years ago. Now I am wondering if I made a mistake. My case is now in Discovery and I don't know what to do! I know I need to answer but I'm not sure if I should send them Discovery as well? The questions they are asking in the Interrogatories are all questions they should have the answers to if they rightfully can collect on the debt. My court date is October 31st but I would really like to settle out of court if possible. Can I try settling with them while discovery is going on? Sorry for all the questions I'm just really worried, I've never had to deal with anything like this. Thanks for your advice! Link to comment Share on other sites More sharing options...
bmc100 Posted August 20, 2012 Report Share Posted August 20, 2012 At least it is a JDB so admitting to the debt is not the end of the world. You can always say, yes I owe the debt, but not to the Plaintiff. Yes, send them discovery.What did the complaint look like and what did they attach as exhibits to the complaint?What was your answer?Also, Ohio courts are becoming more consumer friendly, given some recent caselaw. Link to comment Share on other sites More sharing options...
Chriss Posted August 20, 2012 Report Share Posted August 20, 2012 Hi everyone. I'm new to the forum and I need some serious help! I am being sued by Midland Funding for $2555. I received the summons in July and responded in the required time. I admitted the debt was mine even though they had never sent me bills or called me. I only admitted it was mine because the original creditor was Dell and I knew I had defaulted on a Dell account 5 years ago. Now I am wondering if I made a mistake. My case is now in Discovery and I don't know what to do! I know I need to answer but I'm not sure if I should send them Discovery as well? The questions they are asking in the Interrogatories are all questions they should have the answers to if they rightfully can collect on the debt. My court date is October 31st but I would really like to settle out of court if possible. Can I try settling with them while discovery is going on? Sorry for all the questions I'm just really worried, I've never had to deal with anything like this. Thanks for your advice!Well first off you should never admit to anything, but the good news here what state do you live in? Odds are the debt is out of statute of limitations . If it is then that is the defense you go with in court and you sue them while your at it for Violations under the law. ((sure someone will explain that more that is smarter then me. here is a link to SOL by state to state. Admiting the debt is yours wont matter if your outside of SOL as well they cannot collect on that defense in court . MOst states its under 5 years so I am hoping for you =). Statute of Limitations on Debts Link to comment Share on other sites More sharing options...
Meebz Posted August 20, 2012 Author Report Share Posted August 20, 2012 Thanks for your reply. Exhibit A is a signature copy of the Bill of Sale that looks like it was drafted by a 4th grader, Exhibit B is a copy of a statement that they claim they sent me in November of 2011 but I had never seen in my life up until this point. All the account numbers are blacked out and my name isn't even on the statement. Exhibit B&C are the credit agreement you get when you sign up and another statement. Do you think I could fight this or is it too late? My response to the complaint was I admit I owe the debt but that my reason for not paying was that they weren't sending me bills. Link to comment Share on other sites More sharing options...
bmc100 Posted August 20, 2012 Report Share Posted August 20, 2012 so they have nothing with your name and account number on it...nice. The bill of sale - was there an affidavit attached to it from the original creditor? When was it dated? who is the credit card agreeement from? When is it dated? Do not just accept it is the original agreeement, banks are only lawfully required to keep agreements for 2 years!!Is it dated prior to the opening of the account? Was your CC account opened with one company, but then sold to another company at a later date?Please write out the complaint and your answer. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted August 20, 2012 Report Share Posted August 20, 2012 You can admit the debt and deny their ownership since you are dealing with a junk debt buyer. However, generally speaking, not a good idea to start making their case for them in your answer. Just so you know, I've done exactly what you've done, admit the debt and then focused the whole trial on standing. You just better know what you're talking about and quick on your feet though. You've just put your whole case on the line with one single defense. You screw that up and your toast (be ready to argue business records exceptions to hearsay inside and out). However, you have an added advantage. When I admitted the debt they had a bill of sale for my specific account and all the account statements with my name, address and other identifying information on them. It appears in your case they have the good old we bought a pool of charged off debts type bill of sale. You've not lost, but you have to get up to speed on standing and while you don't have to be an expert on it, you are going to need more than just a general understanding. This thread might help. http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted August 20, 2012 Report Share Posted August 20, 2012 Forget the statute of limitations, Ohio does not recognize other states, they apply Ohio law, which is 6 years. Dell is Texas, which is 4 years. You can try the argument, but you'll have a tough way to go. The bill of sale with no name is where you start. Link to comment Share on other sites More sharing options...
scott huminski Posted August 21, 2012 Report Share Posted August 21, 2012 Midland Funding files so many lawsuits that they are a major source of income for the courts involved. In arizona, they use Justice of the Peace courts which are really corrupt and love the vast income that Midland provides in filing fees. Link to comment Share on other sites More sharing options...
Beergoggles Posted August 22, 2012 Report Share Posted August 22, 2012 I have to disagree with your statement, I beat midland twice in AZ justice courts and both judges were very fair to me. One actually congratulated me and told me good job. Midland Funding files so many lawsuits that they are a major source of income for the courts involved. In arizona, they use Justice of the Peace courts which are really corrupt and love the vast income that Midland provides in filing fees. Link to comment Share on other sites More sharing options...
Recommended Posts