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being sued by Midland Funding Pennsylvania


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Being sued in Pennsylvania by Midland Funding (assignment of account from Chase). Have initial hearing on Tuesday in small claims court. Initial Statement of Claim has one bill from Chase and Verification from Midland employee from Minnesota. I have newspaper article showing Midland currently being sued by the attorney general of Minnesota for robo-signing of these verifications. Midland's attorneys dumped a bunch of documents on my doorstep Friday. Chase statements with post-dated Affidavit of Sale. Affidavit of Sale from Chase employee refers to "pool of charged-off accounts." No listing of individual accounts. I'm hoping to argue as to Midland's "right to sue" since none of the documents show actual proof of the assignment. Anyone have experience in this? All replies welcome. Thanks in advance.

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You didn't say how much they are suing you for but since it is in small claims court you might want do some reading up on Arbitration and see if that is something you would be interested in trying.

http://www.creditinfocenter.com/forums/arbitration/309878-cost-strategy-arbitration-why-works-consumer.html

http://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.html

It is not usually cost effective for them to go to arbitration for small amounts.

What year was the alleged account opened and defaulted?

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You didn't say how much they are suing you for but since it is in small claims court you might want do some reading up on Arbitration and see if that is something you would be interested in trying.

http://www.creditinfocenter.com/forums/arbitration/309878-cost-strategy-arbitration-why-works-consumer.html

http://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.html

It is not usually cost effective for them to go to arbitration for small amounts.

What year was the alleged account opened and defaulted?

IN PA SOL is 4 years , with chase is it the SOL 3 years ?? so how to apply

this SOL in general ?? thanks

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PA has a borrowing statute that allows you to use the Chase DE SOL of 3 years. The case you would cite is Hamid v. Stock and Grimes. This is as I recall 42 PA CS 5521B. Whichever first bars the claim applies. Now you have to prove it is beyond the 3 year limit.

so if the case is with CHASE in PA , that means their SOL will be 3 years , am i right??

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