Me versus Midland

LMK2003 · November 24, 2012

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.) c/o Burton Neil & Associates

3. How much are you being sued for? $2750.96

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

CIT Bank Dell Financial Services

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

Certified mail from MDJ

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

Certified mail

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I know of. I did see them on my credit report and had it removed because I never had an account with Midland Funding.

9. What state and county do you live in? PA, Centre

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

According to the notice, Jan. 30, 2009

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

I issued a desire to defend with Answers and Affirmative Defenses. (I will post as another post below)

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, against Midland and had it removed.

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.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

My court date is Dec. 13

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract?

The following statement was on the complaint:

Plaintiff is the owner of a certain credit account (hereafter, "The Account") by virtue of the assignment of the Account, as set forth in the records maintained on plaintiff's behalf. As a result of the assignment, plaintiff now holds all rights, title and interest in and to the Account. Records further reflect that defendant entered into a credit agreement with CIT Bank Dell Financial Services, LLC, for the account bearing number XXXXXXXXXXXXXXXXlastfour and used or authorized the use of the Account to obtain goods and/or services and/or cash advances. Based upon review of records kept on behalf of the Plaintiff, the last payment posted to the account on January 30, 2009. The account shows that the defendant owes a balance of $2,750.95

I, "Ashley Lashinski", verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crime Code(18 PA C. S 4904) related to unsworn falsification to authorities.

LMK2003 · November 24, 2012

I have sent this in and am ready to submit my Interrogatories, Admissions and documents request. (I will post them next) This was sent to the lawyer and to the mdj.

In the Magisterial District Court No. MY COURT

Midland Funding LLC

Plaintiff,

Vs.

MY NAME

Defendant

Docket No: MY DOCKET

ANSWER

Now comes Defendant, MY NAME, Pro Se, who responds to the following allegation of the Plaintiff’s Complaint:

Allegation 1: Defendant lacks knowledge about the truth, and therefore denies this allegation. Defendant denies this allegation as there is not, nor has there ever been any agreement written, oral or implied with the Plaintiff and Defendant.

AFFIRMATIVE DEFENSES

Defendant’s other Defenses are as follows:

1. Plaintiff’s Complaint is time-barred pursuant to Pennsylvania legal code under 42 Pa. Cons. Stat. 5525.

2. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

3. Defendant was not notified of any assignment of the debt that is the subject of the Complaint.

4. Plaintiff is barred under the fair Debt Collection Practices Act, hereinafter called FDCPA, Section 808(1), 15USC 1692f from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed.

5. Plaintiff’s Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

6. Statute of Frauds.

7. The Plaintiff failed to name the real party in interest.

8. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff.

9. Plaintiff’s damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt, for which Plaintiff failed to reference an account number in their Complaint.

10. The Plaintiff has not proven the debt is valid, or the amount of the debt is accurate. Defendant also insists that the Plaintiff produce the contract, account statements, and purchase receipts to prove the amount of the debt.

11. Plaintiff’s claims are based on a contract that is an adhesion contract, and as such, all or portions of it are unenforceable.

12. The Plaintiff failed to state in a claim upon which relief can be granted.

13. Plaintiff’s Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff’s Complaint fails to allege whether or not the purported assignment was partial or complete, and there is no evidence that the purported assignment was bona fide.

14. Defendant was not notified of any assignment of the debt that is the subject of the Complaint.

15. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

WHEREFORE, Defendant asks the court to take nothing of Plaintiiff’s Complaint by virtue, and dismisses the Complaint with prejudice.

Respectfully Submitted,

November 17, 2012

MY NAME

MY ADDRESS

Certificate of Service

The undersigned hereby certifies that, on November 17, 2012, a copy of the foregoing Answer to the Complaint from Plaintiff Midland Funding, LLC, was deposited in the United States Mail, postage paid, addressed to Ashley Lashinski, c/o Burton Neil & Associates, P.C., 1060 Andrew Drive Suite 170, West Chester, PA 19380

LMK2003 · November 24, 2012

I plan on mailing the following to just the attorney (certified of course) on Nov. 29th (my next day off of work):

In the Magisterial District Court No. 49-3-03

Midland Funding LLC

Plaintiff,

Vs.

MY NAME

Defendant

Docket No: My DOCKET

DEFENDANT’S FIRST SET OF INTERROGATORIES,

REQUESTS FOR ADMISSIONS AND

REQUEST FOR PRODUCTION OF DOCUMENTS

The Defendant requests the following discovery of the Plaintiff. Plaintiff is directed to serve its verified answers, and to produce the requested documents to the Defendant’s residents 803 E Presqueisle Street, Philipsburg, PA 16866. In the event you become aware of or acquire in your possession, custody or control, of additional responsive documents, you are asked promptly to produce such additional documents for inspection and copying.

INSTRUCTIONS AND DEFINITIONS

For the purposes of these discovery requests, the following definitions apply:

A. “Defendant” means MY NAME. The alleged original creditor is Dell Financial Services L.L.C; and the account means any alleged account related to the debt.

B. “Plaintiff” or “Plaintiffs” refer to Midland Funding LLC as well as any person in their agency or employ.

C. “Creditor” refers to as well as any person in their agency or employ.

D. “FDCPA” refers to the Fair Debt Collection Practices Act in its entirety.

E. “Document” as used herein means, original, copies of original, or copies of any records, minutes, notices, books, papers, contracts, memoranda, invoices, correspondence, notes, calendars, photographs, drawings, charges, graphs, other writings, recording tapes, recording discs, mechanical or electronic information storage or recording elements (including any information stored on a computer), written and recorded telephone messages, and any other “documents”. If a document has been prepared in several copies, or additional copies have been made that are not identical (or are no longer identical by reason of subsequent notation or other modification of any kind whatsoever, including without limitation notations on the backs of pages thereof) each non-identical copy is a separate document.

F. “And”, “or”, and “and/or” shall be construed as broadly as possible so that information otherwise within the scope of the request is not excluded.

G. “Statement” or “Statements” means the periodic monthly statement issued by the Plaintiff.

H. “Assignment Agreement” includes but is not limited to bills of sale, the actual purchase and assignment agreement document(s) including the terms and conditions of sale, and the schedule of accounts included in sale. Assignment Agreements shall also mean the complete documentation of the chain of custody between the original creditor and plaintiff.

I. “Application” means the document or documents submitted to the original creditor for the purposes of acquiring the account.

J. “Person” includes natural persons, corporations, partnerships, associations, or any type of entity, and agents, servants, employees, and representatives thereof.

K. The “debt” means the alleged debt that is the subject of this lawsuit.

L. The term “identify”, when used in reference to an individual person or business entity means to the state the person’s entity’s full name, and if applicable, present occupation or position, professional qualifications, employees, present business address, and present and past business affiliations with or relationships to any of the parties in this action known.

M. When used in reference to a document, “identify” means to describe the type of document (e.g., “letter”), date, author and addressee, to state the location of the documents and the name, address and relationship to each party in this action of each and every person who has such document in his or her possession, custody or control.

N. “Attorney” means Ashley Lashinski or any other Pennsylvania Licensed Attorney employed by Midland Funding LLC.

O. Please remember that answering the interrogatories, you must furnish all requested information, not subject to valid objection, that is known by, possessed by, or available to you or your subsidiaries, employers, employees, managers, attorneys, consultants, agents, or representatives.

P. If you are unable to fully answer any of these interrogatories, please answer them to the fullest extent possible, specify the reasons for your inability to further answer and state whatever information, knowledge or belief that you have concerning the portion not fully answered.

Q. Each numbered subpart of a numbered interrogatory is to be considered a separate interrogatory for the purpose of objection. Thus, you must object separately to each subpart; and if you object to less than all of the subparts of a numbered interrogatory, answer the remaining subparts.

R. If any information called for in these interrogatories is withheld on the ground that such information is for any reason exempt from discovery, then:

1. State the ground or grounds for withholding such information;

2. Describe the type of information being withheld;

3. Identify all persons who have knowledge of the information being withheld;

4. Furnish such other information as may be required to enable the court to adjudicate the propriety of your refusal to furnish such information;

S. Please remember that you are under a duty to seasonably supplement your response to each question directly addressed to the identify and locations of person having knowledge of discoverable matters, and other information that may come to you in the future.

1. For persons, state the person’s name, residence address, business address, telephone number, and the number of his/her employer;

2. For entities, state the name and address of its principal place of business, telephone number (if the person’s entity’s present address isn’t known, please give his/her last known address);

3. For documents, state the author, addressee and recipient, date, a general description, a brief summary of its contents, the name and address of the custodian or the original, or best copy, and any other descriptive information necessary in order to adequately describe it in a subpoena duces tecum or in a request or motion for its production; in lieu of such identification, you may attach a copy of each document to your answer to these interrogatories.

4. For oral communications, state exactly what was said, when, where, by whom, to whom, and who else was in the hearing distance; and identify all documents that mention, relate to, or have any connection with each such communications.

5. Whenever appropriate in these discovery requests, the singular and plural forms of words shall be interpreted interchangeably so as to bring within the scope of these requests any matter which might otherwise be construed outside their scope.

6. Unless otherwise indicated, these discovery requests apply to the time period commencing when the Defendant allegedly opened the account, through the present.

7. Except as expressly provided in a particular discovery request, all of the terms utilized in these discovery requests shall have the meaning given to them in the Pennsylvania trial Rules of Civil Procedure.

CLAIMS OF PRIVILEGE

If an objection to the request is based upon a claim of privilege or attorney work product, identify each document so withheld. With regard to all documents or portions of documents withheld on this basis, identify its creator; provide a brief description of the document, and state with particularity the basis of the claim of privilege, work product, or other ground of nondisclosure.

LOST OR DESTROYED DOCUMENTS

If any document requested has been lost, discarded, or destroyed, identify such document. State the type of document, its date, the approximate date it was lost, discarded, or destroyed, the reason it was lost, discarded or destroyed, a summary of its substance, and the identity of each person having knowledge of the contents thereof.

LMK2003 · November 24, 2012

INTERROGATORIES

Interrogatory No. 1

Is Midland Funding LLC the direct assignee of Dell Financial Services L.L.C.? Or, is Midland Funding L.L.C. an assignee of an assignee? If there are additional assignees, identify each assignee, their business address, and telephone number.

Interrogatory No. 2

Identify when the alleged account was originally opened by the Defendant and was subsequently charge off by Dell Financial Services L.L.C.

Interrogatory No. 3

Identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the Plaintiff’s Organization.

Interrogatory No. 4

Please provide the following information for each person known to the Plaintiff who has knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in this action, giving a brief description thereof, for each person you may call as a witness in this case.

1. Name, address, and telephone number

2. Place of Employment

3. Relation to Plaintiff

4. The subjects and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness.

Interrogatory No. 5

Please provide the following information:

1. Your full name

2. Your full business name

3. Your business purpose (e.g. Creditor, Lender, Collection Agency, etc)

4. Form of business organization (e.g. corporation, partnership, LLC, sole proprietorship, etc.)

Interrogatory No. 6

In regards to the contract or agreement alleged in this action, please state the following:

1. Terms of the Contract or Agreement;

2. Credit Limit Amount Financed in the Alleged Contract or Agreement;

3. Date and Monetary value of any valuable consideration received on the contract or agreement;

4. Date and Monetary value of any payments or credits alleged to be executed on the contract or agreement;

Interrogatory No. 7

Please provide the following information for each person who has had any involvement in any manner in any efforts on your behalf to collect or attempt to collect any debt(s) purportedly owing by Defendant.

1. His/Her position

2. His/Her work address, telephone numbers

3. Nature and purpose of his/her involvement

Interrogatory No. 8

Identify the persons or entities, regarding any debt(s), which you have attempted to collect from Defendant. Identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships said persons or entities.

Interrogatory No. 9

Plaintiff or Attorney. Please identify each person who has had any contact or communication on your behalf regarding Defendant’s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof.

Interrogatory No. 10

Attorney. Describe all collection activities, which you were authorized to perform for Midland Funding LLC, and identify the terms of the agreement between Midland Funding LLC and you pursuant to which you sought to collect this account.

Interrogatory No. 11

Describe Midland Funding LLC procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information requested in these interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

Interrogatory No. 12

What document states in writing in support of your Complaint that the Defendant is indebted to pay the Plaintiff and when was this agreed statement in writing entered into?

Interrogatory No. 13

On what date did the Defendant become indebted to the Plaintiff for $2,750.95?

Interrogatory No. 14

Identify all witnesses with evidence in support of your Complaint that the Defendant, entered into a contract and is indebted to the Plaintiff.

Interrogatory No. 15

State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you.

Interrogatory No. 16

What is the date that the Defendant allegedly defaulted on the original account?

Interrogatory No. 17

What was the status of the alleged contract account when acquired?

Interrogatory No. 18

What credit card purchases and/or cash advances were made on this account? When were they made?

Interrogatory No. 19

Please identify and describe each exhibit you will use in the trial.

Interrogatory No. 20

State fully completely and at length the factual basis of each defense which you now assert and intend to assert in this action?

Interrogatory No. 21

As to each defense set out in response to Interrogatory Twenty (20), above, state the following as to notification to Defendant of such defenses; (a) the date or dates when notification was given; ( the manner in which notification was given; and © the specific party or parties to whom notification was given.

Interrogatory No. 22

How much was this account purchased for from Dell Financial Services L.L.C.?

Interrogatory No. 23

Do you have the Actual Contract between the Defendant and Dell Financial Services L.L.C.? And do you have the Assignment Agreement between Dell Financial Services, L.L.C. and Midland Funding, LLC?

LMK2003 · November 24, 2012

REQUESTS TO ADMIT FACTS

The Defendant requests that the Plaintiff answer the following requests to admit facts. If the Plaintiff objects to any requested admission, the reason therefore shall be stated. The Plaintiff’s answers shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Plaintiff cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Plaintiff qualify an answer or deny only in part of the matter of which an admission is requested, the Plaintiff shall specify so much of it as is true or qualify or deny the remainder, again detailing the specificity of the denial of the part thereof.

Fact No. 1

Please admit that you were not assigned Dell Financial Services LLC obligations under the purchase agreement.

Fact No. 2

Please admit that you do not have the original or copy of an assignment between you and Dell Financial Services LLC.

Fact No. 3

Please admit that there was no written agreement, signed by Defendant, between Defendant and Dell Financial Services, LLC.

Fact No. 4

Please admit that there was no written agreement between Midland Funding LLC and the Defendant.

Fact No. 5

Please admit that the Defendant is authorized to pay the Original Creditor/Lender until he receives notification of assignment of rights to payment, and that payment is to be made to the assignee.

Fact No. 6

Please admit that if requested by the debtor, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the debtor may pay the original lender.

Fact No. 7

Please admit that you did not send the Defendant any notification of assignment of the account or assignment of rights.

Fact No. 8

Please admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

Fact No. 9

Please admit that Midland Funding LLC are considered Debt collectors under the Fair Debt Collection Practices Act.

Fact No. 10

Please admit that you are barred under the fair Deb Collection Practices Act § 1692 f(1) from collecting interest on any amount not authorized by the agreement creating the debt or permitted by law.

Fact No. 11

Please admit that you do not have the agreement to claim the amount(s) submitted in the Complaint.

Fact No. 12

Please admit that you do not have a copy of or the original Dell Financial Services LLC Cardholder Agreement.

Fact No. 13

Please admit that you did not transfer your alleged assignment rights over to Ashley Lashinski in order for them to collect your alleged debt.

Fact No. 14

Please admit that Ashley Lashinski is the real party in interest.

Fact No. 15

Please admit that if you did purchase the alleged account it was in default.

Fact No. 16

Please admit that if this assignment is proven by you it was purchased for less than the amount submitted in your Complaint.

Fact No. 17

Admit to no notification of attempt to collect on this debt was sent to the following address by Midland Funding LLC: *my address*

Fact No. 18

Please admit that you cannot provide documents proving Midland Funding LLC owns this debt.

Fact No. 19

Please admit that your Complaint is time barred in Pennsylvania under Statute of Limitations.

DOCUMENTS TO BE PRODUCED

1. Please provide the actual credit card contract upon which your Complaint is based on. Please evidence proof of the Defendant’s alleged debt to Plaintiff, including specifically the alleged contract, between the plaintiff and defendant or any other instrument constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendants signature and/or please produce the contract that legally requires the Defendant to pay the amount entered into Complaint.

2. Please provide copies of the amount paid and/or the consideration due for the alleged contract/account.

3. Please furnish reasonable proof, such as an original, or copies of the assignment agreement or assignment agreements, transferring the alleged contract and/or account in question from Dell Financial Services, LLC over to Midland Funding, LLC to show an Assignment has been made and that Midland Funding, LLC are real party in interest.

4. Please provide a copy of the Assignment between Midland Funding LLC and Dell Financial Services LLC.

5. Please provide the actual credit card contract upon which your complaint is based on.

6. Please provide the original or copy of the account agreement that sates interest rate, grace period, finance charge, assignment, and specifically the State Laws that the agreement and account are governed plus other important facts.

7. Please provide a contract, agreement, assignment, or other means of demonstrating that the Plaintiff has the authority and was legally entitled to collect on the alleged debt.

8. Please provide an itemized account of all transactions mentioned Interrogatory Number Eighteen (18).

9. Provide the Record of Assignment that displays the information in Interrogatory No. Twenty-Two (22).

10. Please provide all copies of manuals, procedures, and protocols used by Plaintiff regarding communication with *my name* regarding purchased debt.

11. Please evidence authorization of Plaintiff to do business, create loans, issue or extend credit, collect debts and/or operate in the State where the Plaintiff conducts their business.

12. Please provide evidence authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of Pennsylvania.

13. Please provide a document or documents that proves you did send the Defendant a notification of assignment of the account or assignments of rights.

14. Please attach any and all notices sent to defendant by Plaintiff in regards to this account demanding payment.

15. Please attach copies of all statements generated while this alleged account was open with Plaintiff.

16. Please attach a complete and accurate history of the interest charged on this alleged account with Plaintiff. Show the exact dates those interest rates change and list the various rates that were charge during this debt and the exact method of amortization.

17. Please attach any and all notices sent to Defendant by Plaintiff announcing changes in interest, fees or penalties and/or the terms of this alleged debt.

18. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported defendant’s debt and the dates of each such report.

19. Please provide the original dunning letter that was sent to Defendant.

20. Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from plaintiff to any collection agency or collection attorney.

21. Please attach a copy of the agreement with Plaintiff that grants Ashley Lashinski Attorney the authority to collect this alleged debt.

Certificate of Service

The undersigned hereby certifies that, on November 29, 2012, a copy of the foregoing Interrogatories and Requests for Admissions and Production of Documents were deposited in the United States Mail, postage paid, addressed to Ashley Lashinski, c/o Burton Neil & Associates, 1060 Andrew Drive Suite 170, West Chester, PA 19380

MY NAME AND ADDRESS

Edited November 28, 2012 by LMK2003

LMK2003 · November 24, 2012

I just want to make sure I'm on the right track. Seems that I've given something for the attorney to work on to prepare for the case.

Beergoggles · November 24, 2012

well for starters this account is NOT time barred it has not been 4 years yet. 4 years would be Jan 30 2013

LMK2003 · November 24, 2012

Thanks, I will remove that one.

BV80 · November 24, 2012

Most of your affirmative defenses don't apply.

3,4, 5, 9, 10, & 14 are not valid defenses.

Regarding #6, was this a credit card? If so, the statute of frauds won't apply.

#7 doesn't apply because Midland is the real party in interest. "Real party in interest" means the party who will benefit from the lawsuit. Midland will get the money if you lose, so they are the ones who will benefit.

#8 doesn't apply. "Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff."

The original creditor is no longer the owner of the account, is not suing you, and has nothing to do with this lawsuit. Midland is claiming to be the new owner because they purchased the account from the OC. The account has not been paid and settled with them.

For #12, if debt collection is a valid cause of action, then they did state a claim for which relief can be granted.

For #13, see what your rules say is necessary to make a valid claim.

In a JDB case, your best defenses are the SOL (if it applies) and standing to sue. Standing means a party has been injured and has a right to be compensated for that injury.

In order to show standing, Midland has to prove they bought the account and are now the current owners. If they can't prove ownership, they can't show they were injured when you didn't pay them. Therefore, they can't prove standing to sue you.

However, in most courts, you don't have to raise the issue of standing in your answer. Check out your rules and some case law to see if you can raise the issue at any time.

Edited November 24, 2012 by BV80

LMK2003 · November 24, 2012

Regarding #6, was this a credit card? If so, the statute of frauds won't apply.

This was not a credit card (i.e. I never got a credit card and could not use it anywhere else).

BTW - I'm not able to pay this debt due to my husband not having a job right now. It has been that way for a few years. Well, he has a job - we dumped his retirement into a restaurant. It has not made money for us and the past year has been awful with the local economy. I just can't do it with my income because I have had some medical issues and incurred debt with that.

BV80 · November 24, 2012

Regarding #6, was this a credit card? If so, the statute of frauds won't apply.
This was not a credit card (i.e. I never got a credit card and could not use it anywhere else).
BTW - I'm not able to pay this debt due to my husband not having a job right now. It has been that way for a few years. Well, he has a job - we dumped his retirement into a restaurant. It has not made money for us and the past year has been awful with the local economy. I just can't do it with my income because I have had some medical issues and incurred debt with that.

Since this wasn't a credit card, if you signed an agreement or contract, the Statute of Frauds might apply. Read the PA Statute of Frauds to see what's required for an agreement in writing that had to be signed.

Don't get worried yet, though. Midland still has to prove they own the account. If they can't prove to the court that they are the legal owners of the account, they don't have standing (the right) to sue you.

LMK2003 · November 25, 2012

I don't remember signing any agreement as in a paper agreement. It may have been one of those click on a box online type of agreement. Not sure. It was so many years ago. The other thing I want to point out is that I don't remember the Dell Financial being CIT Bank Dell Financial. Does that make a difference?

BV80 · November 25, 2012

I don't remember signing any agreement as in a paper agreement. It may have been one of those click on a box online type of agreement. Not sure. It was so many years ago. The other thing I want to point out is that I don't remember the Dell Financial being CIT Bank Dell Financial. Does that make a difference?

If an agreement is not required to be signed, the Statute of Frauds probably wouldn't apply.

Regarding Dell and CIT, I'm not sure that makes a difference. Google the companies and find out their relationship. Dell Financial could be the servicing agent for CIT Bank or vice versa. The servicing agent is the company who prepares billing statements for another company.

LMK2003 · November 28, 2012

It is amazing at the number of mailings I'm getting right now from Lawyers who say they can help me with this case!!!!!!! Holy cow. Do they pay people just to watch the courts? Or does Midland or their lawyers sell this information to others on a mailing list?

BrunoTheJDBkiller · November 28, 2012

OCs send out lists of delinquent accounts to collection agencies, then they send you settlement offers. If you pay, they get a commission. They are not involved in hard core collections at this point, however. Lawyers are probably going through the docket listings at the court house. It's public information and they are allowed to advertise, so there you go.

LMK2003 · December 7, 2012

Well, on Nov. 29th I sent to Midland's lawyer my revised Interrogatories, Admit to Facts and request for documents. I know they got it because I did pull up confirmation via usps.com and printed that off. My case goes to the MDJ on Dec. 13th. I have to admit, I'm a little nervous.

Flyerfan · December 7, 2012

Everyone is... well most. Did you file an opposition to their motion? You will have to.

LMK2003 · December 7, 2012

Is that the same as affirmative defense?

Flyerfan · December 7, 2012

No. If they filed a motion you have to file a opposition to the motion. This is something the judge can refer to before the actual motion is heard. You will both speak at the motion itself but you MUST file an opposition to their motion. Can you post the redacted motion so we can help with your opposition?

LMK2003 · December 7, 2012

This is what I sent to the attorney for Midland:

In the Magisterial District Court No.

Midland Funding LLC

Plaintiff,

Vs.

ME

Defendant

Docket No:

DEFENDANT’S FIRST SET OF INTERROGATORIES,

REQUESTS FOR ADMISSIONS AND

REQUEST FOR PRODUCTION OF DOCUMENTS

The Defendant requests the following discovery of the Plaintiff. Plaintiff is directed to serve its verified answers, and to produce the requested documents to the Defendant’s residents MY ADDRESS. In the event you become aware of or acquire in your possession, custody or control, of additional responsive documents, you are asked promptly to produce such additional documents for inspection and copying.

INSTRUCTIONS AND DEFINITIONS