mom34

Being Sued in Arkansas by Midland

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I received paperwork a few weeks ago and am now on my last day for action.

 

The paperwork was left in my mailbox by someone I know that didn't want to serve me at work.  They do not have my signature that I received the papers.  I did go to the District Court Clerk's office yesterday though and they know that I have the paperwork.

 

A lawyer from Arkansas filed the civil suit for Midland on an old Chase account.  Attached to the legal papers is an affidavit from Midland signed by a Jessica Fiecke.  Also attached is a copy of a bill from Chase with my name on it.

 

Am I screwed?  Do I have a chance if I challenge them?

 

I need all the help I can get as soon as possible!!

 

 

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Coltfan will be along shortly. He is from your state, and just loves to educate Midland and make them break out their checkbook to pay consumers. You need to answer the suit and do it fast. Do not panic if you can't get to the courthouse immediately, but you need to do so by Monday morning. Answering is pretty simple, you just deny everything except your name if they managed to get that correct.

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I think rule #2 here is not wait until the last minute, but rule #1 is not to get a default judgement. That being said first you need to answer these questions. Leave out personal info and exact numbers.

 

If your lucky COLTFAN1972 may be here soon to help you out.

 

 

Fill out RACECAR's Questions in this format. It is easier to read and will help others help you. Just leave out personal info and exact numbers.

 

1. Who is the named plaintiff in the suit? 

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

3. How much are you being sued for? 

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

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

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

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

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? 

9. What state and county do you live in? 

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

11. What is the SOL on the debt? 

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

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

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. 

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? 


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

 

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Here is my info:

 

1.  Plaintiff:  Midland Funding LLC as successor in interest to chase bank, usa

 

2.  What is the name of the law firm handling the suit?   Law Office Of Stephen P. Lamb

 

3.  How much am I being sued for?  Amount of $3800, plus pre-judgment interest at 5.5% per annum from the charge-off date 2/29/12, the sum of which is shown on the attached affidavit of account at the time it was prepared and which currently totals $190.00 for all court costs incurred and an attourney's fee and upon judgment, the principal balance should accrue post-judgment at the maximum rate allowed by law, currently 10%

 

4.  Who is the original creditor?  Chase

 

5.  How do I know I'm being sued?  Papers left in mailbox, NOT mailed nor signed receipt by me

 

6.  How was I served?  See above

 

7.  Was the service legal as required by my state?   Not sure where to find out

 

8.  What was my correspondence with the people suing me before I thought I was being sued?  They called me at work and I told them I could not talk at work and hung up.

 

9.  State and county I live in:  Lawrence County, Arkansas

 

10.  When was the last time I paid on account?  At least 2 years ago.  Not too much more than that.

 

11.  What is the SOL on the debt? 

 

12.  Status of case?  It has been filed in the District Court Clerks office as a Civil Suit.  When I talked to her she said that I wouldn't be given a court date that the judge would automatically sign it if I didn't deny the charges.

 

13.  Have I disputed the debt with the credit bureaus?  NO

 

14.  Did I request debt validation before suit filed?  No

 

15.  How long do I have to respond to the suit?  The papers say 30 days but the only date is the date it was filed.  They do not have a signature from me stating that I received it.  I did not receive any questionaire

 

16.  What evidence did they send with the summons?  A copy of a bill from Chase with my name and account info and an affidavit from Midland.

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1. First click edit and change the amounts above to rounded numbers.

 

2. Then forget about the way you were served for the next few hours. You are running out of time and worrying about that is not going to help you.

 

3. Type out the information on your complaint once again leaving out the personal info and exact numbers. Do this ASAP!

 

4. Hopefully someone with knowledge of AK law will show up and help you out in the next couple of hours. You will have to do something Today regardless of how accurate it may be. You do not want them to get a default judgement against you by doing nothing, because that is what they are expecting.

 

Now get to writing!

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The numbers were the only thing to change on that post.

 

What you need to do now is to type out the content of the summons or affidavit. In order to answer the questions we will need to know what they are. 

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File the general denial, just get somethng on paper as a response, you can amend it if you mess up. Don't wait until the last minute any more, it makes it hard to help. I'll pass you along to Coltfan.

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You have a very good chance. There are numerous success stories on this forum where people like yourself have beat Midland.  

 

Change the names, amounts and case number and post your allegations from the complaint. We will help you answer if you have any questions. 

 

It would also be a good idea to provide a counter affidavit opposing or denying contentions in the affidavit. With an affidavit it's concept basically considered true unless you deny or oppose it. Just counter each sentence item by item. I attached a long winded example. 

 

HP

Dueling Affadavit2.doc

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Summons contains my name, address, place of work and work address

 

The State of AR to Defendant:  my name

 

A lawsuit has been filed against you.  the relief demanded is stated in the attached compaint.  Within 30 days after service of this summons on you (not counting the day you received it) - or 60 days in you are incarcerated in any jail...= you must file with the clerk of the court a written answer to the complaint or a motion under Rule 12 of the Arkansas Rules of Civil Procedure.

 

The answer or motion must also be served on the plaintiff or plaintiff attorney, whose name and address are:

Law Office of Stephen P. Lamb, po box 1027, Beebe, AR 72012

 

If you fail to respond within the applicable time period, judgement by default may be entered against you for the relief demanded in the complaint.

 

 

 

Affidavid Of Jessica Fiecke

 

Midland Funding LLC as successor in interest to Chase Bank usa

plaintiff

 

vs

 

my name

Defendent

 

Jessica Fiecke, whose business address is 16 Mcleland Road Suite 101, St Cloud, MN certifies and says:

1.  I am employed as a legal specialist and have access to pertinent account records for Midland Credit Management inc servicer of this account on behalf of Midland Funding LLC the plaintiff in this action.  Pleaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account. and thereafter assigns the accounts to MCM to be serviced.  Plaintiff does not operate and/or maintain a computer system.  MCM holds the computer records and account information fo accounts purchased by plaintiff.  I am a competent person over 18 years of age and make the statements herein based upon personal knowledge of those account records maintained on plaintiffs behalf.  Plaintiff is the current owner of and/or successor to the obligation sued upon and was assigned all the rights title and interest to defendent's Chase Bank account.  I have access to and have reviewed. the records pertaining to the account and am authorized to make this affidavit on plaintiffs behalf.

 

2.  I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account.  The records are kept in the regular course of business.  It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation or for a person with knowledge to transmit information thereof to be included in such record.  In the regular course of business, the record or compilation is made at or near the time of the act or event.  The relevant financial information concerning the account includes the following:

 

3.  MCM's records show that the defendant owed a balance of $3764.71 and that interest is due from 2012-02-29 accruing at a rate of 5.5000% as provided by law amounting to $179.31 making a total due of $3945.02

 

I certify under penalty of perjury that the foregoing statements are ture and correct

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Since no AK members are online right now I would take Bruno's advice and file a sworn denial. Not sure if this is what you need but it beats nothing. Fill it out and take it and all of your paperwork to the courthouse. They court clerk employees can not give you legal advice but if you are nice they can make sure your papers are in order. You should be able to get someone there to notarize it for you.

 

http://www.arlegalservices.org/files/Form-SmallClaimsAnswer.pdf

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The bad- don't ever wait until the last minute again !!

 

The Good-  If you want to win AND are willing to put in the time and effort, Midland can be beat like a rented mule.   I absoultely LOVE demolishing Midland and I take extra joy doing it when the pollute my home state with their b.s. I take it personal when they use our courts to try and profit from their riverboat gambling of buying junk debt. 

 

It is so very rare that people fight in general and then you throw in a small state with no real powerhouse consumer law firm, and the numbers just get lower and lower.   However, I am their worst nightmare in general but in Arkansas I can make them just curse the day they even sued.  I don't lose ever on any case and to the best of my knowledge anybody that has taken my/this board's lead in Arkansas has never lost to Midland.  

 

However, the choice is yours.   I'll guide you and help you but I won't represent you or do the work for you.   If you just want to beat them then I'm not the person for you.  If you want to annhiliate them and completely destroy their case and send them packing so quick their head spins then I can help.   However, my strategy takes time and lots of effort.   I just don't lose to Midland PERIOD.  NEVER EVER, NOT GOING TO HAPPEN !!!

 

So with that out of the way, here is what you need to do and do it today !!!  You need to answer the lawsuit.   You've been sued in basically small claims court.  Your answer does not have to be fancy.   Something like this.

 

Use their format with the headers and case number.  Then for everything other than your name and maybe address go through and put.

 

1.   The Defendant denies the allegations in paragraph one.

2.  The Defendant admits their name is XXXXX

3.  then just deny each and every paragraph.

 

Then make a statement after the last paragraph you deny that says, any other allegation not specifically denied in Defendant's are hereby denied in their entirity.  

 

File that answer immediately !!!   That saves you from a default and moves your case from the sheep going to the slaughter to the very small stack of those they have chosen to fight. 

 

Next you need to spend countless hours getting educated and here is where you start.  I made these threads just for people being sued by Midland.  You're going to demolish them by attacking their standing.   Don't worry, you probably have no idea what I just said means but it's all here to read.   So read these threads. 

 

Also, keep in mind that in Arkansas you can appeal by de novo from the District Courts.   In simple language that means that if you lose in District Court, if you want to appeal you get an automatic appeal to Circuit Court for ANY REASON.  In other words you don't have to preserve your appeal rights in district court.   Of course no reason you need to worry about appealing, because winners have no need to appeal.  

 

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

 

http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html

 

http://www.creditinfocenter.com/forums/there-lawyer-house/292720-start-finish-winning-against-midland-funding-aka-jdb-8.html#post1170725

 

http://www.creditinfocenter.com/forums/there-lawyer-house/314514-look-what-i-found-defending-junk-debt-buyer-law-suits.html#post1173738

 

We/I are here to help and if you want to do your part we won't let you lose to Midland.  We really are as good as we say we are, if you don't believe me just ask me.  

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maryh40, I'm in Little Rock and went throught he same stuff with Midland.  Everyone's right though, GET something filed quickly, and Coltfan will help too.  If in a real pinch, pm me and I'll give you my general answers, etc.  But do something NOW!

 

Jimmy

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Mary,

 

I helped my friend Jimmy, above, beat Midland and they were suing him for over 11K, and I think Jimmy did they not dismiss right after getting our request for admissions?   We beat Midland so much the cases start to all run together.  

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Great!  Colfan is here!

I got an emergency page from Bruno and immediately jumped out of my Burger King booth, strapped on the overalls, untied my horse and said let's high tail it to the first internet connection we can find, Midland has sucker punched somebody in our back yard. 

 

::BigGun::

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Can I fax it to the law office today and also mail him a copy?  I figure that is fastest to get to him.

Yes you can.   Just make sure you put a copy in today's mail.  AND YOU MUST GET YOUR ANSWER FILED WITH THE COURT IN THE TIME ALLOWED !!!!!!!!!!!!!!!!!!!!!!!!!!

 

At the bottom of your answer put this. 

 

I, (your name here), do hereby swear that a true and correct copy of this answer has been faxed to Mr. Stephen B. Lamb, attorney for the Defendant and faxed to (put fax number here) and a true and correct copy of this answer has been sent by regular mail to (put his address here). 

 

By doing this you have complied with the Arkansas Rules of Procedure by serving a copy of your answer on the other side.   I might also add that you can email it also.  

 

Keep a copy of the fax receipt for your records and make sure you get that answer filed with the court !!

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Its about time you guys showed up! :mohawk: Don't be afraid Mary. These are a lot nicer than they look or smell. 

 

Now do what Coltfan1972 said and get it turned in Today. Then go to the post office and send a copy to the attorney CMRR. 

 

Good Luck!

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OK.  I think I have it all ready to go.  I am still shaking!  I wish I had found all of you earlier!! 

 

I took the COMPLAINT and typed it up and posted under each paragraph " The defendent denies the allegations in paragraph 1 - 2 - 3

 

On the bottom I posted:  I, my name, do hereby swear that a true and correct copy of this answer has been faxed to Mr. Stephen P Lamb, Attorney for the defendent and faxed to 501-882-9901 and a true and correct copy of this answer has been sent by regular mail to PO Box 1027; Beebe, AR  72012

 

How is this?  I just don't want to leave anything out.

 

Should I include the Affidavit that was signed by Midland?

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You don't need to include the garbage (affidavit) Midland included.   That so called affidavit will soon be turned into bird cage liner.

 

Without looking at your answer it sounds like you did it perfect.   Just get it filed and then you have bought yourself a big load of time.  

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OK.  I think I have it all ready to go.  I am still shaking!  I wish I had found all of you earlier!! 

 

I took the COMPLAINT and typed it up and posted under each paragraph " The defendent denies the allegations in paragraph 1 - 2 - 3

 

On the bottom I posted:  I, my name, do hereby swear that a true and correct copy of this answer has been faxed to Mr. Stephen P Lamb, Attorney for the defendent and faxed to 501-882-9901 and a true and correct copy of this answer has been sent by regular mail to PO Box 1027; Beebe, AR  72012

 

How is this?  I just don't want to leave anything out.

 

Should I include the Affidavit that was signed by Midland?

 

Nope, just the as long as you answered.  But get it filed with the county clerk ASAP!

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Thanks.  I have it faxed and will head to the District Clerks office as soon as I am off work in a few minutes.  I just hope that they are still open.  Then I will head to the Post office. 

 

Everyone please send any more info that you can.  Like what to expect?  How long it will take?  etc....

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