Midland in OK - admissions/discovery, and title 24 question

[ItsBacon]

I'm going to fill out the 20 questions but first I wanted to give some other info about the case that I think might be important and change some of how this should be handled compared to most of the other cases I've seen posted. I just wanted to put this up top so that if people need to go back they don't have to search through long posts looking for it.

Basically, I honestly think that the JDB and their lawyers screwed the pooch on this one, I just need to know how to properly stick it to them.

1 - The name on the suit is my maiden name, one I haven't gone by legally for longer then the SOL for my state.

2 - I have never carried an account with their professed OC. It's certainly not listed anywhere on my credit report (Sadly this BS with Midland is as of a few months ago)

3 - Suit was filed in a county I don't live in. Takes me a couple hours to get over there.

4 - Service was made to my inlaws house that I stayed at for a month before moving out of state two years ago. I never made that place a legal residence (no mail sent there, no drivers license change to that address, nothing like that) and they don't even have the same last name as is listed on the paperwork. When the server showed up they tried to tell them that they had the wrong place but were told by said server that "she told me to give it to you". I have already asked if they would be willing to sign affidavits if this is something I can use.

While I'm pretty sure the whole thing is nothing more then bs in the first place, I'm becoming fairly certain that I'm not the one they are looking for on this. I have looked and there are at least 2 other women (if not more) by that name in this state, if not more. Is there something I can slap them with about failure of due diligence in making sure they are suing the right person? At the very least I would like to see if there's a way I can get it thrown out on jurisdictional grounds or force a change a venue. Driving three hours to the court house at current gas prices should definitely count as hardship or undue emotional distress


I already responded to the summons, filed affirmative defense, and sent a letter to their lawyer disputing this whole collection attempt and asking for verification documents that they have the right person (and to have proof that they were given correct contact info in case they continue sending court papers to the wrong address). No documents were sent, only a letter from them listing the name and address of the original creditor and the date that Midland contacted them to collect. By that date I was living at my current residence no where near the county they filed with. I just got discovery paperwork from them and I'm sore tempted to send them a bunch of stuff showing "You have the wrong person!" but I keep reading that you should send them nothing and Deny! Deny! Deny! So I figured I would come here to see if anyone has any advice for my situation.

Also I'm wondering how someone goes about filing a counter-suit. Do I actually have to file something specific? Or does the little blurb at the end of my affirmative defense requesting dismissal w/prejudice and any relief the court deems proper count? I would think no but better to ask and look a fool then not and actually be one.

Of course any help or advice I can get from you guys is very welcomed and appreciated.

Edited December 10, 2012 by ItsBacon
clarification of details

[ItsBacon]

1. Who is the named plaintiff in the suit?

--Midland Funding LLC

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

--Love, Beal, & Nixon, P.C.

3. How much are you being sued for?

--$4000

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

--WebBank

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

--My inlaws got served

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

--In person

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

--I don’t think so? See top of post for further

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

--Absolutely none

9. What state and county do you live in?

--Oklahoma, not the one they are suing me in.

10. When is the last time you paid on this account?

--Never, don’t believe it’s mine

11. What is the SOL on the debt?

--3 or 5 years, not sure what they classify this as

12. What is the status of your case?

--Suit Served, Answered w/Affirmative Defense, just received Interrogatory/Discovery from them

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

--Not yet, only just got reports back from 2 of the Big 3 to see if it’s even listed

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.

--Was never given the chance

15. How long do you have to respond to the suit?

--30 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

--Nothing was attached. Only listed last four numbers of an account they claim is mine in their filing.

PETITION FOR INDEBTEDNESS

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

1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid. If you notify this law firm, in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm will obtain verification of the debt and mail a copy of the verification to you. Upon your written request within the 30 day period, our law firm 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. OC , provided credit to the defendant on a written credit card account with an account number of xxxxxxxxxxxxxxx. At the time of charge off, the balance was $xxxx. The indebtedness arising therefrom has been duly assigned to MIDLAND FUNDING LLC, plaintiff herein. The Defendant defaulted on the obligations required under the contract.

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

WHEREFORE, Plaintiff prays for Judgement against the Defendant in the sum of $xxxx, 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.

[ItsBacon]

REQUEST FOR ADMISSIONS

REQUEST FOR ADMISSIONS NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

-- Deny. Defendant claims that the Plaintiff has at this time not provided corroborating evidence with which to verify that the current defendant is the proper one.

REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff’s Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

--Deny. As the Defendant is unable to confirm that they are the right and proper party to be named in this suit, then they are also unable to confirm to any possible obligation.

REQUEST FOR ADMISSIONS NO. 3: Admit that Plaintiff fully performed its responsibilities as to the obligation referenced in Plaintiff’s petition.

--Deny. As the Defendant is unable to confirm that they are the right and proper party to be named in this suit, as well as unable to confirm on the existence of any obligation, they are therefore also unable to confirm on whether or not any responsibilities were performed by the Plaintiff.

REQUEST FOR ADMISSIONS NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in this Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

--Deny. As the Defendant is unable to confirm that they are the right and proper party to be named in this suit, as well as unable to confirm that any obligation exists, they are therefore unable to confirm any default to said obligation.

INTERROGATORIES

INTERROGATORY NO. 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address.

-- Bacon Strips, 123 Smokehouse Lane, Breakfast Oklahoma. Occupation - Homemaker. As the Plaintiff has never provided the requested contract to the Defendant, and the Defendant is unaware of the existence of said contract, the Defendant is unable to date said contract and therefore only the current address of the Defendant can be provided at this time.

INTERROGATORY NO. 2: Did you obtain credit on the account referenced in Plaintiff’s petition?

-- Deny. The Defendant is unaware of the existence of the account referenced in the Plaintiff petition.

INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $xxxx? If not, please state the following:

The date of each payment you contend was made.

The amount of each payment you contend was made.

the address you contend you mailed each payment to.

Defendants calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance

-- As the Defendant is unable to confirm the existence of any account held by the Plaintiff, the Defendant does not have enough information to be able to confirm any present balance of said account, nor any information on any payments made.

INTERROGATORY NO. 4: If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

--- (This part is what I really need help on figuring out exactly what wording to put. Any help is greatly appreciated.)

INTERROGATORY NO. 5: In regard to all communications you have had regarding the account referenced in Plaintiff’s petition, state the following:

The date of all letters, phone calls, memos, notes, notices, etc., that the Defendant received.

The nature and subject matter of any and all such communications.

Defendant’s response or reply to the communication, if any.

-- The Defendant received no communications from the Plaintiff at any point before the petition was filed with the court. Therefore the Defendant is unable to make any statements on any such communications.

INTERROGATORY NO. 6: State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

--- if requested I can provide my current affirmative defenses. I think I have most of this already covered though including Statute of Frauds, Lack of Privity, Not Real Party of Interest, Lack of evidence by Plaintiff supporting claims (ownership, no contract, etc)

INTERROGATORY NO. 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

The subject matter of which such person has knowledge;

The substance of the facts and opinions which of such opinion is expected to testify;

A summary of the grounds for such opinion.

--- would be able to provide info on the in laws who were actually serviced and provide their affidavits to said service, but otherwise they have no further info on the matter.

REQUEST FOR PRODUCTION OF DOCUMENTS

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of Plaintiff’s attorney herein at 10:00 am, on the 30th day following receipt of this request, or, (2) in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1. All canceled checks, money orders, cashier's checks, receipts, or other records of payment to support your answers to Interrogatories.

2. All written or tangible evidence of any communication between the Plaintiff or its transferor to support your answers to Interrogatories.

3. Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

4. Produce any and all documentary or tangible evidence which Defendant either expects to use or any use as evidence in the trial of this case.

5. Produce all documents Defendant has to support any additional defenses mentioned in your answers to Interrogatories.

[KentWA]

First of all NEVER EVER say you lived there at all. You stayed there yes, but did not live there, it only confuses the matter when you are not technical about details. You most certainly need to counter claim for FDCPA for filing in the wrong venue. Hardship of having to drive to the court house far away is the reason for the FDCPA venue provision and it is a violation of federal law for them to have filed there if you did not enter into the contract there or live there.

Rather than answering you should have submitted a motion for dismissal for lack of personal jurisdiction or quash service. At this point I would file a motion to amend your answer (your rules may allow you to do it without motion within a certain time period).

If you counter claim, there insurance carrier has their lawyer take over the case and his only objective is to get a cheap settlement and he cares nothing about the debt. Quite often they will pay the FDCPA violation amount of $1K, agree they will never sell, assign or transfer the debt.

[ItsBacon]

How do I file for counter claims? Is there a link to somewhere I could find forms/format on the proper paperwork? Or would this be one of those things that I could get copies of at the court house?

My answer to the summons was filed only last month if that helps in determining if I can request dismissal without motion, just a little over 30 days at this point.

[ItsBacon]

Actually, since my affirmative defense already requests dismissal with prejudice, am I able to amend them to add the lack of jurisdiction? in the original I did make sure to include these two clauses:

- Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account).

- Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

and of course thank you for your advice and assistance. this forum has been a big help in keeping me sane and giving me reference to have hope I can get through this

Edited November 22, 2012 by ItsBacon
fixed error

[BTO429]

post the affidavit of the process server,,,,if he/she lied on the affidavit they can be held libel to you.

I would also serve discovery and ask the questions that will prove you never had an account with the oc. ask for every piece of evidence you think they may have.

You need to work this case in a manner where you can prove a frivolous suit, and then counter sue for damages for misuse of legal process. When a plaintiff in a lawsuit is found to have initiated legal action for purposes of deliberate harassment or inconvenience of the defendant, or when the court terminates the suit in favor of the defense, the defense may seek damage compensation for losses incurred in the legal process. These losses may be qualified under charges of Malicious Prosecution, Wrongful Civil Proceedings or Abuse of Process.

Wrongful Civil Proceedings are civil lawsuits filed without cause of action and merit, by the court. A person is guilty of Wrongful Civil Proceedings, if he or she acts negligently without cause of action to file a civil lawsuit. Proper cause of action includes the use of court to find facts and render judgment for claims; anything outside of this purpose is considered violation of tort and a Wrongful Use of Civil Proceedings. Importantly, if civil proceedings are terminated in favor of the defendant, the defense may file a misuse of legal process claim to recover damages in a frivolous lawsuit.

Abuse of Process is an intentional tort of Misuse of Legal Procedure. Abuse of Process involves the knowing misuse of public access to courts. Tort law defines Abuse of Process as a misuse or perversion of the court procedure and due process without grounds for legal action. Process refers to the summons or subpoena from the court.

This is a distinct allegation, as it specifically refers to the reports issued by the court and their proper use - it does not necessarily indicate frivolous litigation, though it may be part of a similar series of Misuses of Legal Procedure.

Edited November 22, 2012 by BTO429

[saytar]

Good Ole Love, Nixon and Beal.

I think their going nuts in this state. Regular lawsuit factory. I hope that you follow all the way through on this and sue the begebezz out of them. Hopefully get them sanctioned for their behavior in the process.

I've looked at the last 2 yrs of case's in my county and of ALL the suits their account for at least 60 % of the filings. Most they get defaults on because no one shows up to fight.

Those that do usually get a dismissal. They are sleezy, lazy (even for lawyers) bums.

Ummmm I wonder if Kent Ogle Ch 9 news with his 2 cents would be interested in their shenanigans???? This is fraud pure and simple, as it is with most JDB, none of them really has the proper paperwork (standing) to legally file suit, little lone pursue one (malicious prosecution). These are in reality frivolous law suits.

It is a national disgrace, especially after taxpayer''s money bails out these bank's that they sell debts to low life's who compound the misery.

It's all pure greed.

Truth, Justice (only what you can afford) and the American Way!

Just check in and let the folks on this board help guide you along. The're pretty good.

[Seadragon]

JDB's sometimes file in wrong venues to avoid certain judges. I think that you should check the courts rulings in these cases where it is now and see if it will be better to keep the action there or move it to your court.

If moving to your court is good then Motion to quash service of summons. Then of course you automatically have a counter claim in the new venue.

If the present venue is in another state then you should move it to the state with the best rules of procedure.

we have a Motion to Quash service of summons on the board here. You have done a good job so far, I think you can best determine what venue is best.

You never know, your courts judge might have hit them up for mega sanctions already.

[ItsBacon]

Alright. Coming in with a little update, and this one is a doozy.

 

First off I decided to play along with the dog and pony show just a little longer to see if I might be able to get the lawfirm to give me enough rope to hang them with instead of quashing it for jurisdictional grounds right away. If I understand jursidition right they technically would be allowed to file the case there in that county if they can show that debt originated while "I" was a resident of that county.  Wanted to see what they might be able to produce for discovery to back their case (most likely nothing!). That and... I don't have much heart for this. This stuff terrifies me and the idea of it getting dragged out longer because I got it dismissed on jurisdiction and they just came and made me start all over again just makes me sick to my stomach.

 

So anyways while I had been working on my responses and talking with my inlaws about getting them to sign the affidavits that they were really the ones who were served and not me, and that the address on the paperwork was theirs and not mine I made a shocking discovery. The address on the paperwork actually doesn't belong to my inlaws. Only the PO Box does.

 

Out in that part of Oklahoma there is no mail delivery. The nearest post office is the next town over so everyone has PO Boxes. And because everyone uses their PO Boxes, I'm sad to admit, a lot of people don't actually know their physical address off the top of their head. My father in law had to get a utility bill to tell me what his address was and that's when we noticed the discrepancy. Wrong end of the street and wrong house number. So I broke out my Google-fu to try and figure out who exactly had the physical address to see if maybe the server originally went there.  And that's when this got really freaky.

 

THE PHYSICAL ADDRESS THE LAWFIRM USED ON THE PETTITION DOESN'T EXIST.

 

Not in the way they used it (They had a directional on it, like North or South, but that directional doesn't exist. The street actually runs the opposite way). Not even in the way that they could claim it was simply a typo.  This has been nagging on me for days since I finished my responses and was trying to work on my own Admissions and Interogatories and litterly, just now, after being up all night and going through every resource I can think of to try and figure this out because it has LITERALLY been driving me crazy... I found it. Just now before I came here to post this I found it. The only possible address they could try and claim they had meant to send it to in that town....

 

And it's a 7,000 square foot empty lot.

 

No house.

 

Not even a drive way or a mail box where perhaps a house or a trailer had been before a possible fire or demolition or anything. In fact if the sat image I managed to get is right it appears to be an old abandoned baseball diamond.

 

Words litterally cannot express the giddy, hysterical anger I'm feeling at finding this. I am trembling as I type this, laughing now and again as I try not to cry.

 

Can I sue not only Midland but their lawyer and the process server if I have a full out mental breakdown over this?  Also how do I go about getting acceptable verification of this finding. Would this be something I might need help from a realtor to get or would I be able to go down to the local tax office or where they keep the deeds or... I don't know my brain is literally broken right this second.

[BTO429]

I'm going to fill out the 20 questions but first I wanted to give some other info about the case that I think might be important and change some of how this should be handled compared to most of the other cases I've seen posted. I just wanted to put this up top so that if people need to go back they don't have to search through long posts looking for it.

Basically, I honestly think that the JDB and their lawyers screwed the pooch on this one, I just need to know how to properly stick it to them.

1 - The name on the suit is my maiden name, one I haven't gone by legally for longer then the SOL for my state. All they will have to do once the become aware of the mistake is file a motion leave of court to amend complaint,,,they do this all the time.

2 - I have never carried an account with their professed OC. It's certainly not listed anywhere on my credit report (Sadly this BS with Midland is as of a few months ago) This will be up to them to prove, the less info you give them the harder it aill be for them.

3 - Suit was filed in a county I don't live in. Takes me a couple hours to get over there. This can be taken care of by a motion to dismiss due to improper venue,,,but once they find out where you live they will file again in the proper court.

4 - Service was made to my inlaws house that I stayed at for a month before moving out of state two years ago. I never made that place a legal residence (no mail sent there, no drivers license change to that address, nothing like that) and they don't even have the same last name as is listed on the paperwork. When the server showed up they tried to tell them that they had the wrong place but were told by said server that "she told me to give it to you". I have already asked if they would be willing to sign affidavits if this is something I can use. If they are not willing to go to court with you the plaintiff will claim the affidavits are hearsay. They will also claim that it was substituted service, and you are in court so you did find out about the case,,,unless you can prove the process server lied in his affidavit the court will consider service proper..I know it sucks but thats how it works...even in a round about way you still were informed there is a suit against you.

While I'm pretty sure the whole thing is nothing more then bs in the first place, I'm becoming fairly certain that I'm not the one they are looking for on this. I have looked and there are at least 2 other women (if not more) by that name in this state, if not more. Is there something I can slap them with about failure of due diligence in making sure they are suing the right person? At the very least I would like to see if there's a way I can get it thrown out on jurisdictional grounds or force a change a venue. Driving three hours to the court house at current gas prices should definitely count as hardship or undue emotional distress Yes you can use due dilligence as a matter to get the case dismissed, or you could use it as a means to collect  damages for defending a suit that should not have been filed,,,they got the wrong person.

I already responded to the summons, filed affirmative defense, and sent a letter to their lawyer disputing this whole collection attempt and asking for verification documents that they have the right person (and to have proof that they were given correct contact info in case they continue sending court papers to the wrong address). No documents were sent, only a letter from them listing the name and address of the original creditor and the date that Midland contacted them to collect. By that date I was living at my current residence no where near the county they filed with. I just got discovery paperwork from them and I'm sore tempted to send them a bunch of stuff showing "You have the wrong person!" but I keep reading that you should send them nothing and Deny! Deny! Deny! So I figured I would come here to see if anyone has any advice for my situation.

Also I'm wondering how someone goes about filing a counter-suit. Do I actually have to file something specific? Or does the little blurb at the end of my affirmative defense requesting dismissal w/prejudice and any relief the court deems proper count? I would think no but better to ask and look a fool then not and actually be one. In your counter you just state that because of the plaintiffs not performing due diligence, you had to waste your precious time to defend a suit that you should have been no pert of in the first place, emotion pain and suffering, loss of wages, and any filing fees. and any other damages as the court sees fit.

Of course any help or advice I can get from you guys is very welcomed and appreciated.

[ItsBacon]

Alright, after managing to get some sleep I've gone back to re-drafting my requests for admissions, interogatories and discovery from them. I'm also trying to get together my counter because I want to get that in before they can realize how badly they screwed up with me and try to pull out. Finding myself having a hard time in the admissions and interogatories though. It's not easy to politely call someone a lying basteterd without coming off as bitter. Here's what I have so far for your critiques, rewording and comments.

 

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

 

Proposed Admissions:

 

REQUEST FOR ADMISSIONS NO. 1: Admit that you made no attempts to contact the Defendant prior to the filing of this litigation.

REQUEST FOR ADMISSION NO. 2: Admit that you and your counsel both failed to practice due diligence in ensuring you have identified the proper person as being the debt holder of the alleged account.

REQUEST FOR ADMISSIONS NO. 3: Admit that you and/or your counsel both failed to practice due diligence in ensuring that you had properly identified the defendants residential location and contact information before filing this litigation.

REQUEST FOR ADMISSIONS NO. 4: Admit that you made no attempts to verify the validity of the alleged account before contacting credit agencies and causing erroneous damage to the Defendants credit

 

.... suggestions for more?  Better Wording? Anything I'm forgetting that might make

 

Proposed Interogatories:

 

None currently. This is the part that I find myself getting more irritated with them and start making demands for answers that I go and look back and think are probably out of line. Help with this one, or if someone can direct me to a thread showing specific samples that might be appropriate for my case would make me especially greatful. 

 

Proposed Discovery:

 

1. The alleged credit application from WebBank bearing the defendant’s signature;

2. The alleged credit agreement or contract from WebBank that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from WebBank Account  #xxxxxxxxxxxxxxx that demonstrate how the alleged amount of $XXXXX was calculated;

4. A contract, agreement, assignment, bill of sale, or other means demonstrating that Midland Funding LLC has the authority and capacity, and is legally entitled to collect on the alleged debt from WebBank

5. Any and all letter(s) sent to defendant by either Midland Funding LLC, or the original creditor WebBank, demonstrating an attempt to collect on the alleged debt, Account #xxxxxxxxxxxxxxx

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that Defendant had an outstanding account or debt related to WebBank or Account #xxxxxxxxxxxxxxx

8. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt;

9. The Affidavit of Service for the Plaintiffs initial Petition of Indebtedness against the Defendant

10. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

11. Any documents or communications, including all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;

12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account #xxxxxxxxxxxxxxx

 

 

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

 

As for my counter claims I am still piecing that together but I hope to have something up to critique tonight. I want to get my counter filed ASAP before they can get a chance to try and dismiss and restart everything up here in my county.  I've found lots of stuff about FDCPA counterclaims like musimann's posted one in the Sample Motions/Forms/etc post, but I'm having a harder time trying to find proper wording for Failure of Due Diligence. I may have to spend tomorrow down at the law library at my court house looking for more on that.

 

 

Anyways, I think that's enough to start for now. Have at it, and as always thanks.

[ItsBacon]

Ok, been doing more research, looking for a little clarification from you legal heads out here.  Been going over Oklahoma's Title 24 and found something that stuck out at me. Wondering if perhaps this might be useful somehow, if not to me then to others. No i'm not thinking I could get $5k over this, more that perhaps it might make a nice slap in the face for if not Midland, then perhaps at least their legal dogs. Or perhaps (most likely) I'm way off base and reading this wrong but I figure it doesn't hurt to ask.

 

§24-83.  False credit information or false rating - Penalty - Damages.

A.  Any person, firm or corporation who knowingly and willfully introduces, attempts to introduce or causes to be introduced false information into the files of a consumer reporting agency or credit bureau for the purpose of wrongfully damaging or wrongfully enhancing the credit information of any individual, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

 

Thoughts on this?

[ItsBacon]