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Received Court Summons, Midland is suing, how do I begin to defend myself in Maryland court?


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I received a court summons to appear in the District Court in Maryland on May 2.  I mailed my notice of intention to defend to the court.  I have a package of paperwork from Midland Funding on behalf  Credit One Bank, who I used to have a credit card with. 

 

How should I proceed in winning this case?  Are there any posts here on this forum that tell you step by step how to do this?  Also how can I find out my rights under Maryland law? 

 

Thank you anyone.  I sure could use the help. 

Carol

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Please read this.

Then copy the questions asked there and paste them into this thread and answer them.

This will give you a better chance of getting the help that this superior forum can offer.

Midland is easy to beat if you do your homework.

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1. Who is the named plaintiff in the suit?  Midland Funding, LLC, successor in interst to Credit One Bank, N.A.

 

2.  Name of the law firm handling the suit? (should be listed at the top of the complaint.)   Lyons, Doughty & Veldhuis, P.C.

3. How much are you being sued for?  $2,263.09

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

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

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

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

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?  Constant phone calls at all hours of the day and night.

9. What state and county do you live in?  Anne Arundel County, Maryland

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  4/24/2011

11. What is the SOL on the debt? To find out:  It is within the 3 years statute of limitations :-(

Statute of Limitations on Debts

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).  Just says Active, and shows court date set and papers received by myself

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No.

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, I didn't know I could do this.  These people would call my home and hang up without leaving messages.

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?  I already returned the Notice of Intention to Defend (it was to be sent within 15 days)

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.   Robo signed affidavit of Emily Walker (supposed legal specialist in State of Minnesota dated 11/28/12); robo signed Status Report from Department of Defense; Robo signed Affidavit of Credit One Bank; Robo signed Bill of Sale and Assignment from FNBM, LLC to Purchaser;  Robo signed Affidavit of Sale from Sherman Originator III, LLC; Credit One bank credit card statement copy; Certificate of Non-Military Service actually signed by a Midland Funding attorney

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing?  No one, yet.

2. How old is the debt?  Two years

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?  Yes

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.   Not yet.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?   Phone calls.

6. What state are you in?  Maryland

7. What kind of debt is this? (credit car, auto loan, student loan)  credit card

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...  I am not sure.  They only provided copies of information.  There is nothing showing my actual signature and no copy of any agreement with anyone.   

 

I do not have the money.  I live paycheck to paycheck, with usually about $20 to last me from week to week.  I only make about $300 average per week.  Also at the time I stopped paying this, I was hospitalized and had to have emergency surgery and now I am considered disabled. 

 

Thank you anyone who can offer me any assistance.  I go to court on May 2. 

 

Carol

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It is the day I have to face Midland Funding in court for this lawsuit they filed against me.  See my answers to the questions above. 

 

Also, when I returned the Notice of Intention to Defend, I only wrote on the form that I was seeking legal assistance to help me in this matter.  I did not admit to anything.

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It is the day I have to face Midland Funding in court for this lawsuit they filed against me.  See my answers to the questions above. 

 

I'm sure that it is not the trial date .........usually there are pre-trial conferences, hearings, etc. that you need to attend before trial.

The date of May 2 is probably just the date that you have to file your answer by.

 

Calm down and read the papers carefully. God is in the details.

 

You'll want to read ColtFan's posts regarding Midland, they'll give you a general feeling of what will be expected of you in the next few months and what to focus your efforts on.

How Do I Defend Myself Against Midland?

Standing When Dealing with a JDB

 

Be aware that while ColtFan is a VERY knowledgeable member .......... he also has a very 'rambunctious' style.

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You beat them, Flyerfan??? !!!!!  That's awesome!  What did you do to beat this law firm?  What's the best way to deal with them? 

 

Okay.  I need to get moving with this.  Just received the papers though.  I will read the links provided. 

 

No, it says on the court papers:  Trial Date:  May 2, 2013 at 1:15 p.m.   So it is a trial date. 

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I defended the suit in Delaware but the same firm. I went after their standing (right to sue) and their lack of authentication of their documents. I will certainly help all I can. May 2nd will most likely be you showing up (you MUST show up) and stating that you deny the claims. The civil equivalent to pleading not guilty. If you do not show up, they will get a default judgment and you will lose.

 

I am not familiar with Maryland civil procedure so I am not sure if you file an answer or just show up so you should check your rules for civil procedure (every state is different) and make sure. If you type out exactly what is on the complaint (redacting your personal info and rounding off numbers) we can help you determine your next move.

 

There are a lot of knowledgeable people on this site and they are very helpful. You came to the right place.   :)%

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Reading through your court rules, as you are under $5,000.00, this may actually be your trial date. It appears no discovery will be done.

 

It is definitely time to get studying. The links above from Coltfan are good reads, particularly the one on standing.

 

Your advantage is they expect you to know nothing and you will show up with at least some ammunition.

 

I will PM you with some attacks I used on the St. Cloud, MN affidavit, the bill of sale and anything else I can throw your way.

 

Stand by.

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Okay here is what is on the Complaint page:

 

Plaintiff:  Midland Funding LLC successor to Credit One Bank. N.A.

 

Defendant:  Me

 

COMPLAINT:  Assigned Consumer Debt Maryland Rule 3-306(d)

                      $5,000 and under (it is actually $2,200)

 

The particulars of this case are:

 

Plaintiff sues Defendant for money payable by Defendant to Plaintiff and for cause states:  Review of the business records by its servicer, Midland Credit Management, inc., indicates that Defendant opened the account with Credit One Bank, N.A>, but failed to make full payment of the amount owed on the account despite demands fo rpayment.  Plaintiff is the subsequent successor-in-interest to the Credit One Bank, N.A., account.  

 

And thats basically what it says.  It does cite the Maryland Rule 3-306(d).

 

And there is a checklist of all the stuff I mentioned above that they attached:  the robo signed affidavits, etc.

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Some interesting things on this site about your court. Check them out and it may make you feel more comfortable.

 

http://www.courts.state.md.us/district/about.html

 

I don't have powerpoint but "How a case moves through the courts (Power point presentation)" under Educational Material could be informative.

 

I sent you some PM's.

 

Hit me with questions if you have them.

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Okay here is what is on the Complaint page:

 

Plaintiff:  Midland Funding LLC successor to Credit One Bank. N.A.

 

Defendant:  Me

 

COMPLAINT:  Assigned Consumer Debt Maryland Rule 3-306(d)

                      $5,000 and under (it is actually $2,200)

 

The particulars of this case are:

 

Plaintiff sues Defendant for money payable by Defendant to Plaintiff and for cause states:  Review of the business records by its servicer, Midland Credit Management, inc., indicates that Defendant opened the account with Credit One Bank, N.A>, but failed to make full payment of the amount owed on the account despite demands fo rpayment.  Plaintiff is the subsequent successor-in-interest to the Credit One Bank, N.A., account.  

 

And thats basically what it says.  It does cite the Maryland Rule 3-306(d).

 

And there is a checklist of all the stuff I mentioned above that they attached:  the robo signed affidavits, etc.

 

Great. Let's take a look at Rule 3-306(d).

 

http://www.courts.state.md.us/district/forms/MDRule3-306.pdf

 

Tonight's homework is to go through what is required in their affidavits (Start at the bottom of page 6) and see if your affidavits actually have all of this stuff. Time to put on a pot of coffee. Get out a hilighter and make some notes.

 

xcoffx

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I'll give you a head start:

 

 

(3) Proof of Plaintiff’s Ownership
 The affidavit shall contain a statement that the
plaintiff owns the consumer debt. It shall include or be
accompanied by:
 (A) a chronological listing of the names of all prior
owners of the debt and the date of each transfer of ownership of
the debt, beginning with the name of the original creditor; and
 (B) a certified or other properly authenticated copy of the
bill of sale or other document that transferred ownership of the
debt to each successive owner, including the plaintiff.
 
Committee note: If a bill of sale or other document transferred
debts in addition to the consumer debt upon which the action is
based, the documentation required by subsection (d)(3)(B) of this
Rule may be in the form of a redacted document that provides the
general terms of the bill of sale or other document and the
document’s specific reference to the debt sued upon.
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To be tried as a small claim in District Court, your case must:
• be for $5,000 or less; and,
• be for money only, not the return of property or performance of a service; and,
not involve any discovery such as interrogatories (written questions that the other side must answer under oath in writing, before the trial).

If you do not meet all three of these conditions, you do not have a small claim (claims for amounts up to $5,000). You may wish to consult with an attorney to explore other options.

 

 

I would move the court to remove this to the next level, as discovery is definitely needed to defend this action. They get to submit a bunch of crap paperwork and you just have to accept it? Not today. If you want a good lawyer call Wardell Huff, hufflaw.com. Otherwise we'll help you kick Midland in the butt like we always do. We don't lose to Midland. Wait until you get a load of Coltfan1972, they have his picture on their office wall. And it isn't because they like him.

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More interesting stuff:

 

They only need this stuff if you object and MAKE them need this stuff. They will not expect you to know any of this.

 

 

The affidavit shall include the following information:
 (A) the name of the original creditor;
 (B) the full name of the defendant as it appears on the
original account;
 © the last four digits of the social security number for
the defendant appearing on the original account, if known;
 (D) the last four digits of the original account number;
and
 (E) the nature of the consumer transaction, such as
utility, credit card, consumer loan, retail installment sales
agreement, service, or future services.
 (5) Future Services Contract Information
 If the claim is based on a future services contract, the
affidavit shall contain facts evidencing that the plaintiff
currently is entitled to an award of damages under that contract.
 (6) Account Charge-off Information
 If there has been a charge-off of the account, the
affidavit shall contain the following information:
 (A) the date of the charge-off;
 (B) the charge-off balance;
 © an itemization of any fees or charges claimed by the
plaintiff in addition to the charge-off balance;
 (D) an itemization of all post-charge-off payments received
and other credits to which the defendant is entitled; and
-10- (E) the date of the last payment on the consumer debt or of
the last transaction giving rise to the consumer debt.
 (7) Information for Debts and Accounts not Charged Off
 If there has been no charge-off, the affidavit shall
contain:
 (A) an itemization of all money claimed by the plaintiff,
(i) including principal, interest, finance charges, service
charges, late fees, and any other fees or charges added to the
principal by the original creditor and, if applicable, by
subsequent assignees of the consumer debt and (ii) accounting for
any reduction in the amount of the claim by virtue of any payment
made or other credit to which the defendant is entitled;
 (B) a statement of the amount and date of the consumer
transaction giving rise to the consumer debt, or in instances of
multiple transactions, the amount and date of the last
transaction; and
 © a statement of the amount and date of the last payment
on the consumer debt.
 (8) Licensing Information
 The affidavit shall include a list of all Maryland
collection agency licenses that the plaintiff currently holds and
provide the following information as to each:
 (A) license number,
 (B) name appearing on the license, and
 © date of issue.
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Did you receive any letters or phone calls from any of these?

 

 

Sherman Acquisition Limited Partnership

 

Sherman Acquisition II Limited Partnership

 

Sherman Acquisition L.L.C. -

 

Limestone Asset Management LLC

 

Granite Asset Management LLC

 

Resurgent Capital Services L.P.

 

Resurgent Capital Services PR LLC

 

LVNV Funding, LLC

 

Ascent Card Services, LLC

 

Ascent Card Services II LLC

 

Anson Street LLC

 

Ashley Funding Services LLC

 

SFG REO, LL

 

I ask this because they are owned by the same company that owns Credit One. Normally they use many of these to collect instead of Midland.

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