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Midland suit via Couch, Conville & Blitt Louisiana

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1. Who is the named plaintiff in the suit?   Midland Funding LLC

2. What is the name of the law firm handling the suit?  Couch, Conville & Blitt

3. How much are you being sued for?  $26XX.XX + Attorney Fees 25%

4. Who is the original creditor? Citibank USA N.A. 

5. How do you know you are being sued? Served by Sheriff's deputy

6. How were you served? In person

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  A DV Letter ironically mailed certified the same day they filed the petition/  

9. What state and county do you live in? St. Charles Parish, Louisiana

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

11. What is the SOL on the debt? 3 Years

12. What is the status of your case? Suit served? Motions filed?.  Suit Served today.  

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  Yes OC shows charge off, Midland trade line disputed 

14. Did you request debt validation before the suit was filed? Unknowingly, my DV letter was sent certified mail the same day they filed the suit.  

15. How long do you have to respond to the suit?  15 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,  just the petition and request for admissions (Will post below)

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

 

This really is a key question. Find out.

 

Pull your credit report immediately. You need to establish if this is outside the SOL.

 

With 55 posts under your belt, I'm guessing you've boned up on how to deal with this, no?

Answer with a general denial, admitting only your name. Deny the rest....

 

Take the time to find out how to beat our *favorite* JDB - Midland.  :)

 

Read the sticky called, 'If You've been sued by Midland' it will help a lot.

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Here is the petition.  

 

The petition of Midland Funding LLC organized and doing business under the laws of the state of Delaware Shows. 

 

1)  XXXXX an individual(s) of the full age of majority domiciled in the parish of St. John the Baptist, State of Louisiana, is indebted onto Midland Funding LLC for the amount of $2,6XX.XX plug attorneys fees, interest, and the cost of these proceedings as more particularly set forth herein, 

 

2) XXXX Entered into an agreement with Midland Funding LLC or it's assignor whereby defendant(s) was/were granted the right to obtain goods or services on open account through the use of a credit card.  The Original Creditor is Citibank USA N.A credit card.  The original account number is XXXXXXXXX.  The agreement between the parties was further perfected by use of the credit card issued to the defendant(s).  

 

3) XXXX Personally or through his or her authorized representative subsequently contracted for sales on open account and acquired goods and services on open account.  

 

4) XXXX Breached the agreement by failing to make payments due on the account pursuant to the terms of the agreement. 

 

5) Midland funding LLC has met all requisites of LRS 9:2781 and the contract between the parties and is due attorney's fees for the prosecution and collection of this claim.  It is respectfully submitted that 25% is a minimum reasonable attorney's fee.  

 

6) After all payments or credits the balance due, notwithstanding amicable demand is $26XX,XX.  

 

Wherefore petitioner prays for judgement herein in favor of Midland Funding LLC, and against defendant(s) XXXXXXXXX in the full sum of $26XX,00 plus legal interest from date of judicial demand, a minimum of 25% attorney's fees on the aggregate of principal and interest, for all costs of this suit and for all general and equitable relief.  

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I am in the process of a dismissal with another midland account,  This one is with a different attorney.   This sparked some interest in my other post, I am still trying to see if I have grounds here.  

 

1) Midland files the suit in St. John the Baptist Parish.   

2)  I live in St. Charles Parish

3) I do own property and have received mail in St. John, but I do not live there.   

 

In the previous post/case, all of the documents I received from Midland had my St. Charles parish address,  so why file in St. John??   I have yet to see any documents from them on this case other than a canned response to my CRA dispute that was sent to my correct address in St. Charles Parish.  

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Open ended accounts in both Delaware and Louisiana are both 3 years.

Find out when your default date is.... is it outside the SOL for this?

 

You might try and do a MTD for improper service based on what you stated here.

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Here is the request for admission. 

 

 

REQUEST FOR ADMISSION OF FACT.  

 

The following request for admissions are hereby served by plaintiff MIDLAND FUNDING LLC.  

 

The Defendant XXX  for the purpose of this action pursuant to articles 1466-1468 of the Louisiana Code Of Civil Procedure, 

 

Now into court, throught the undersigned counsel comes Midland Funding LLC.  who request that XXX admit or deny the following.  

 

1)  Please admit that the plaintiff is the assignee of and or originaltor of an account in your name the amount of $2,6XX.XX

 

 

2) Please admit that the balance remaining due to plaintiff is $2,6XX.XX.  

 

 

 

I thought this was kind of short with only 2 requests.  

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Here is the request for admission. 

 

 

REQUEST FOR ADMISSION OF FACT.  

 

The following request for admissions are hereby served by plaintiff MIDLAND FUNDING LLC.  

 

The Defendant XXX  for the purpose of this action pursuant to articles 1466-1468 of the Louisiana Code Of Civil Procedure, 

 

Now into court, throught the undersigned counsel comes Midland Funding LLC.  who request that XXX admit or deny the following.  

 

1)  Please admit that the plaintiff is the assignee of and or originaltor of an account in your name the amount of $2,6XX.XX

 

 

2) Please admit that the balance remaining due to plaintiff is $2,6XX.XX.  

 

 

 

I thought this was kind of short with only 2 requests.  

1. Deny

2. Deny

 

I'm surprised that there's only 2 requests. Hold them to them unless they ammend.

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I just pulled my Equifax credit report and it shows Date of first delinquency  6/2009      This is on the Midland trade line.    

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The date of first delinquency is not necessarily the date of last payment.  Is the OC reporting?  If so, does the OC give a date of last payment?

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Louisiana's prescriptive period on open accounts is 3 years from the last payment or charge.  We call SOL the prescriptive period because we are different like that.   

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Couch files a lot of debt defense lawsuits.  I doubt they reviewed the "account" before filing it as they have already filed suit on settled accounts in the past.

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I couldn't find anything on my report for the alleged OC. Citibank. I only checked equifax though.

 

Check your other CRs.  If all else fails, I'd give Citi a call and see if they still have your account on record so that they can tell you the date of last payment. 

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I find that Experian's reports are good about telling you when you were last 30 days past due.  Not an exact date but gives you an idea or time frame.

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Tried calling CITI today,  No luck, they just routed me to Midland.    Of Course Midland would not talk about it,  they told me to call Couch.     A for effort i guess.    I went back and looked at what Midland sent me as a response to my DV and dispute with the CRA's.   It says " The Account was charged off as an unpaid delinquent debt on Jan 14,2010".  "Midland became the servicer or the above referenced account on 11/29/2010".  

 

If the Charge off date would be considered the start of SOL,  They filed just in time on 12/6.  I was not served however until 2/6/13.  Would that make any difference?  

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An account can be charged after going unpaid for several months.  However, it can also be charged off before you stop paying if the payments are lower than the minimum payment required by the credit card company. 

 

You need to get your bank records for around that time to find out exactly when you stopped paying. 

 

In my state, a suit commences when the lawsuit is filed with the court and that stops the SOL.  Read your rules to see when suit commences in LA.

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Tried calling CITI today,  No luck, they just routed me to Midland.    Of Course Midland would not talk about it,  they told me to call Couch.     A for effort i guess.    I went back and looked at what Midland sent me as a response to my DV and dispute with the CRA's.   It says " The Account was charged off as an unpaid delinquent debt on Jan 14,2010".  "Midland became the servicer or the above referenced account on 11/29/2010".  

 

If the Charge off date would be considered the start of SOL,  They filed just in time on 12/6.  I was not served however until 2/6/13.  Would that make any difference?  

 

Since it was filed in the wrong venue, I think a dismissal would cause any future lawsuit to be prescribed (beyond SOL) assuming you made no payments after the charge off date.

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An account can be charged after going unpaid for several months.  However, it can also be charged off before you stop paying if the payments are lower than the minimum payment required by the credit card company. 

 

You need to get your bank records for around that time to find out exactly when you stopped paying. 

 

In my state, a suit commences when the lawsuit is filed with the court and that stops the SOL.  Read your rules to see when suit commences in LA.

The suit interrupts prescription but Midland loses the benefit of the interruption if they voluntarily dismiss, it is treated as if the lawsuit was never filed.

 

In a case where a suit is filed in an improper venue, the prescriptive period is only interrupted if the defendant is served within the prescriptive period.  

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The suit interrupts prescription but Midland loses the benefit of the interruption if they voluntarily dismiss, it is treated as if the lawsuit was never filed.

 

In a case where a suit is filed in an improper venue, the prescriptive period is only interrupted if the defendant is served within the prescriptive period.  

 

Translation:  The filing of the suit in the correct parish tolls (stops) the SOL clock.  If Midland dismisses the suit, the SOL continues as if the suit was never filed.

 

If the suit is filed in the wrong parish, the SOL is stopped only if you're served within the SOL.

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If the Charge off date would be considered the start of SOL,  They filed just in time on 12/6.  I was not served however until 2/6/13.  Would that make any difference?  

The prescriptive period starts on the date of the last charge or payment, whichever is last.

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Translation:  The filing of the suit in the correct parish tolls (stops) the SOL clock.  If Midland dismisses the suit, the SOL continues as if the suit was never filed.

 

If the suit is filed in the wrong parish, the SOL is stopped only if you're served within the SOL.

That is correct.  I was using Louisiana terminology since the OP is in Louisiana.  There is no motion to dismiss because a debt is time barred, we call it a peremptory exception of prescription. 

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I was sued by them. I freaked out when served, called them and set up a payment plan. Now looking at all of the threads here, I wish I hadn't. I wish I had done more research and fought them. I am currently fighting Eaton Group for a different JDB, LVNV funding.

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