letsdance Posted November 4, 2012 Report Share Posted November 4, 2012 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. Link to comment Share on other sites More sharing options...
Public Enemy Posted November 4, 2012 Report Share Posted November 4, 2012 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.htmlhttp://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.htmlIt is not usually cost effective for them to go to arbitration for small amounts.What year was the alleged account opened and defaulted? Link to comment Share on other sites More sharing options...
letsdance Posted November 4, 2012 Author Report Share Posted November 4, 2012 Amount is a little over $9,000. Last posted payment was over 2 years. There's a 4 year statute in Pennsylvania. Link to comment Share on other sites More sharing options...
taiwan1 Posted November 4, 2012 Report Share Posted November 4, 2012 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.htmlhttp://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.htmlIt 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 Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 4, 2012 Report Share Posted November 4, 2012 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. Link to comment Share on other sites More sharing options...
taiwan1 Posted November 4, 2012 Report Share Posted November 4, 2012 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?? Link to comment Share on other sites More sharing options...
BV80 Posted November 4, 2012 Report Share Posted November 4, 2012 so if the case is with CHASE in PA , that means their SOL will be 3 years , am i right??You would claim that the DE SOL of 3 years applies to the account. Link to comment Share on other sites More sharing options...
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