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Mindland Sue ME! I Filed Denial Form & Requested Verification! They Replied Now WHAT?

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I have been served..

it has been lest than two weeks after i got served and i have submitted/Filed my Denial Form and send a copy to midland funding. with a request for verification.

They have Mailed me a copy of the following

1: Statement from Original BANK with FULL account number,

2: Paperwork stating that chase sold the account to Midland Title BILL OF SALE

3: paperwork with my account information and my last 4 digit of Social Security which is Valid

What do i know now. I need a HUG, I'm Scared and broke!!!!:shock:

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I have been served..

it has been lest than two weeks after i got served and i have submitted/Filed my Denial Form and send a copy to midland funding. with a request for verification.

They have Mailed me a copy of the following

1: Statement from Original BANK with FULL account number,

2: Paperwork stating that chase sold the account to Midland Title BILL OF SALE

3: paperwork with my account information and my last 4 digit of Social Security which is Valid

What do i know now. I need a HUG, I'm Scared and broke!!!!:shock:

Welcome,

What are the causes of action on the complaint? Does it say something like for Open Book, Money Lent, Breach of Contract..etc..

then we can answer what your next step would be..

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Thank you for the reply

Answer you question:

I have been served just recently and it has not been over 30 days.

------

I have the following

1: Declaration of Venue

2: Declaration of Reduced Filing Fees Pursuant to Cal

3: Complaint for : (1) Account Stated

First Cause of Action (Account Stated)

Plaintiff realleges and incorporates by reference the foregoing paragraphs.

Within the last 4 years. defendant became indebted on the account to plaintiff in the sum of $3,000K on an account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff

On the First Cause of Action:

1. for the unpaid balance of $3XXXX

2. Interest due on $3,000 at the rate of 7% from February XX, XX1

3. Costs of suit; and

4. Such other relief as the court may deem just and proper.

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

There is no Verification page at all.

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Thank you for the reply

Answer you question:

I have been served just recently and it has not been over 30 days.

------

I have the following

1: Declaration of Venue

2: Declaration of Reduced Filing Fees Pursuant to Cal

3: Complaint for : (1) Account Stated

First Cause of Action (Account Stated)

Plaintiff realleges and incorporates by reference the foregoing paragraphs.

Within the last 4 years. defendant became indebted on the account to plaintiff in the sum of $3,000K on an account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff

On the First Cause of Action:

1. for the unpaid balance of $3XXXX

2. Interest due on $3,000 at the rate of 7% from February XX, XX1

3. Costs of suit; and

4. Such other relief as the court may deem just and proper.

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

There is no Verification page at all.

Okay so you can't send off a BOP for Account stated. You will need to send Request for Production of Documents.

Read Astmedic's thread. He has everything you need to do starting with the Request for Docs. Here' the link: http://www.creditinfocenter.com/forums/there-lawyer-house/317277-how-i-beat-midland-california.html

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I have already send/filed Denial Form and Request for Verification

I have also read My Request for Production of Docs from the link you have provided.

If I send the My Request for Production of Docs,

1. Do I need to file in court and send a certified copy to Midland

What is the differences between Request for Verification & My Request for Production of Docs.

1. Will they just send me what they already have send to me as the reply for the Request for verification

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I was sued for breach of contract in TX for a Chase account. When I was served I replied with a debt validation letter. Here is what they sent: 10 of my statements, 2 bills of sale between Midland and Chase (very important that it had all the main info REDACTED) and a 4 page affidavid from some Ashley lady. Time goes by and I get mailed my court date. Show up to court and the attorney for Midland is trying to get info out of me before it is our turn, I tell him Shut the hell up and wait for the judge. Now we begin, He starts off by showing me all my statements, yes they are mine, then he says in a recent suit won by AMEX just using the card constitutes a contractual agreement and that the original signed one is not needed. Then he pulls out the REDACTED bill of sale and also submits the sworn affidavid that this Ashley lady from Midland submitted. Talks about i owe and i have to pay up. ...Mind you everything I learned was from this SITE....My turn, "Your Honor He showed you statements, Yes they are mine, I am not being sued for owning a card, I am being sued for breach of contract". Your Honor, he made reference to a Suit with AMEX but the difference is MIDLAND a third party and Chase is NOT suing me so that case has nothing to do with this one. There is an affidavid, well I would like to cross examine, and Finally The bill of sale might as well be yours your Honor because with all of the redacted parts there is NO MENTION of ME, My account or SS#....IT is basicaly a blank piece of paper......Thank you your Honor. The judge looks at both of us and says, "the Amex case does not have anything to do with this one, the affidavid, because she is not in the court to be cross examined is Hearsay, and without anything showing that Midland is in the right to this debt, MY JUDGEMENT is for the DEFENDANT....."

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1. Do I need to file in court and send a certified copy to Midland

No. You don't file discovery with the court. It does however need to be on pleading paper. Yes it SHOULD be sent CMRRR to prove they got that doc.

1. Will they just send me what they already have send to me as the reply for the Request for verification

Are you saying you sent a DV letter?

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A verification letter (also called DV) is useless when being sued. Also the level of proof required in answering a DV is nothing compared to what they have to prove through discovery.

Please do not be scared. Midland is nothing more than the playground bully and will never be able to prove they own the account they are suing you on. When you stand up to them, learn a little bit here and challenge them on everything, they fold up their table and go home.

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No. You don't file discovery with the court. It does however need to be on pleading paper. Yes it SHOULD be sent CMRRR to prove they got that doc.

Are you saying you sent a DV letter?

Yes. I have already send a DV letter and i got a reply with the exact same letter that NYRMESS11 received!

----

Thank you KentWA, NYRMESS11, ASTMedic,, You guys made my day..

and specially thank you for you're comment NYRMESS11, With that few words. you made me realize that they have nothing on me, and ONLY Chase could sue me and could win. MIDLAND is a BUllY.

There is a reason why I can't pay my bills? I had lost my job and Had to work a at a Retail store for 12.17 Hour to provide for my kids and bills. I barely have food to feed my family and i Don't even quality for food stamps. and MOFO trying to sue me for what EVER money I don't have.. If i could afford to pay. I will would have PAY...

I will send my Letter to them. tomorrow.

Edited by longstand

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Yes. I have already send a DV letter and i got a reply with the exact same paper as the GUY above

DV is just you asking "hey what do you have on me". A request for docs is part of the discovery process. If they don't respond to a DV the court doesn't care. Not responding to discovery means something to the court.

Edit: ok in your edited post you stated "send my letter". What letter? Discovery is on pleading paper and not in a letter format. You also need a POS and to send it CMRRR.

Edited by ASTMedic

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I was sued for breach of contract in TX for a Chase account. When I was served I replied with a debt validation letter. Here is what they sent: 10 of my statements, 2 bills of sale between Midland and Chase (very important that it had all the main info REDACTED) and a 4 page affidavid from some Ashley lady. Time goes by and I get mailed my court date. Show up to court and the attorney for Midland is trying to get info out of me before it is our turn, I tell him Shut the hell up and wait for the judge. Now we begin, He starts off by showing me all my statements, yes they are mine, then he says in a recent suit won by AMEX just using the card constitutes a contractual agreement and that the original signed one is not needed. Then he pulls out the REDACTED bill of sale and also submits the sworn affidavid that this Ashley lady from Midland submitted. Talks about i owe and i have to pay up. ...Mind you everything I learned was from this SITE....My turn, "Your Honor He showed you statements, Yes they are mine, I am not being sued for owning a card, I am being sued for breach of contract". Your Honor, he made reference to a Suit with AMEX but the difference is MIDLAND a third party and Chase is NOT suing me so that case has nothing to do with this one. There is an affidavid, well I would like to cross examine, and Finally The bill of sale might as well be yours your Honor because with all of the redacted parts there is NO MENTION of ME, My account or SS#....IT is basicaly a blank piece of paper......Thank you your Honor. The judge looks at both of us and says, "the Amex case does not have anything to do with this one, the affidavid, because she is not in the court to be cross examined is Hearsay, and without anything showing that Midland is in the right to this debt, MY JUDGEMENT is for the DEFENDANT....."

They actually send me the same kind of paper they have send you..

But.. there is 1 Extra paper

Its a Plain Paper:

Last name: xxx

First Name: xxx

Account Number: xxx

Sale Amount: xxx

Contract Date: xxx

Address:

City

State

Zip Code

SSN xxx.xxx.Last Four is View and Valid is my

Charge of Date

Last payment date

LPmt amt:

COBal:

----

it does show my last four digit of my Social. I'm Done for?

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Does it list all the info or is everything "x"d out but the last 4 of your ss?

It only show the last 4 of my social. everything else is XXX. XX. 1234

Can that be proof that is my.

Its really just a plain WHITE paper with nothing on it beside what i listed..

No chase logo. nothing saying its from just. JUST plain white paper with them information..

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I was so paranoid and worried about this, but after reading all the info available and realizing that they did'nt really have anything I went in there confident as hell and walked out making them look like fools.BIG thanks to all that have posted. Just remember they are suing you so the have to Prove everything. You just have to poke holes in thier weak attempts at claiming money from you....

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LONGSTAND....Go get em, they are nothing but a bunch of bottom feeders. I looked up all the court records on them in my area and found out that all the cases either were Dismissed or Default Judgement witchmeans they are just hoping you dont show so they get the automatic win, but the people that do show 99% kick Midlands a$$ and you see that the vast majority did it without attorney representation.

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Damm. I fell like I could win now.. I will send the My Request for Production of Docs tommorow for sure. Certified Mail of-course

and Just wait

Also.

To send My Request for Production of Docs.. Do i need to be Served?

My girlfriend/wife got a letter saying to call them before it get send to civil lawsuit

I will send a DV letter and My Request for Production of Docs

or Should and get Served for I Request for Production of Docs

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Damm. I fell like I could win now.. I will send the My Request for Production of Docs tommorow for sure. Certified Mail of-course

and Just wait

Also.

To send My Request for Production of Docs.. Do i need to be Served?

My girlfriend/wife got a letter saying to call them before it get send to civil lawsuit

I will send a DV letter and My Request for Production of Docs

or Should and get Served for I Request for Production of Docs

Ok hold on here......... have you been served or not??? In your first post you said you had been served as in by a process server. If not then the DV is the right move. It there is a summons in your hand and a case open then you need to move on to formal discovery.

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