mom34

Being sued by Midland in Arkansas - Consent Judgement

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Well, I received another letter from Attorney Stephen Lamb.  He sent a "Consent Judgment" request wanting me to sign and agree to pay $100 per month.  I am to sign it and send it back to him.  It also has a place for the District Judge to sign.

 

His letter states that he has enclosed a proposed settlement in the form of a Consent Judgment that provides a reasonable payment schedule of $100 every 30 days.  It does not request any attorney fee.

 

It says that if I agree to sign and return to him and he will have the original entered of record and forward me an approved copy along with payment instructions for my first payment.

 

The Consent Judgement he wants me to sign says:

 

Now on this day cause comes on to be heard upon the consent of the Defendant that Plaintiff's cause is just and that Judgment should be rendered against the said Defendant in favor of the Plaintiff for the sum of $xxx (which includes pre-judgment interest), plus court costs, and post-judgment interest.

 

IT IS, THEREFORE, the Judgment of the Court that the Defendant shall comply with provisions of Act 610 of 1991 and that the Plaintiff, MIDLAND FUNDING LLC AS SUCCESSOR IN INTEREST TO CHASE BANK USA, NA, does have Judgment against the Defendant, Mary Horton, for the sum of $xxx, costs of $xxx, cost spent to enforce the Judgment, with pre-judgment interest at the rate of xx% from the date of account charge-off, 00/00/0000, currently totalling $xxx, and post-judgment interest at the rate of xx% annum, on principal balance only, from the date of Judgment until paid, the sum of which is to be paid at a rate of $100 every 30 days.

 

Attorney signed bottom and I am supposed to sign along with the District Judge.

 

 

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Nooooo.  You are not going to sign it, are you? Please do not pay Midland a dime.

 

Have you answered the complaint? Where are you in this whole thing?

 

Also, please redact your name from this post.

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Answer these and we can help you.

 

 

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 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.

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

19. 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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I thought you got your answer in on time. I remember that was a pretty stressful effort on everyone's part that day. 

 

What has happened since that time?

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I got it in time and received the "consent judgment" request last week. 

 

The contents are at the top of this topic.

 

I have not signed it or sent anything back to them.

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They just want to scare you. It is the "Look, you can't win, just sign this and it will all be over" letter. Ignore it and keeping going. They'll send more and keep lowering their offer because they know they won't win if you fight.

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Do not do anything right now.

 

Wait and see if Coltfan1972 is familiar with this. He should be back from breakfast at Waffle House in a couple of hours!

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Thanks!  Coltfan is one that helped me last time too.  He told me to start a new thread when I got more info.

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Art paged me at the Waffle House and said we had somebody with something about Midland and a judgement. 

 

The others are right, this is just a scare tactic.   You filed your answer in time and now the process (game) has started.   You have to decide if you want to fight or cave.  You won't get anybody on this board telling you to give in to Midland, but you have to make your own decision on what's best for you.   However, Midland can be beat and it sounded like you wanted to fight them in your other thread.

 

If so, then you need to get familiar with the rules of procedure.  In your other thread I told you after you filed your answer you had just bought yourself some time so you could start studying up, which you said you were going to do.  I hope you have been.  

 

Now is the time to decide if you want to sign that judgement, which would make me barf my waffles, or fight.  If for some reason, personally, getting this over with and signing is for you then I guess do it, if not, then you need to start looking at discovery and continuing to read and study the board.

 

The good thing about what they sent you is that there is no time frame on it.   I would not ignore it, but at least there is nothing that is going to happen if you do ignore it.   They are fishing for an easy win and this is the easiest of easiest if you sign.   This is just one small step harder work on them than a default but barely.   In fact this is actually better than a default because you can't come back later and say you never were served, so you would be making it easier on them than if you had not even spent all that stressful time answering the suit.

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So, should I reply to it?  Or sit tight and see what their next step is?

 

I appreciate all the help!

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Mom34

 

Coltfan1972 is right.  I got the exact same thing from the exact same atty.  You do what you feel you need to do, BUT, with some research and Coltfan1972's help, I sent off Discovery and Request for Documents (not at the same time), and Lamb, tucked tail and RAN to the courthouse to dismiss the case!  This atty and his 'partner' file dozens and dozens and dozens of cases in every juridiction in Ark.  All they want is DEFAULT JUDGMENT.

 

I actually had TWO lawsuits at the same time going on and in the end, with Coltfan1972's help, they decided to drop BOTH cases (one for over $10,000 and another for $1,100).

 

I was scared half to death a year ago.  Now, I'm more knowledged on the matter thanks to Coltfan1972 and some other brilliant veterans of this forum.

 

I'm happy to "pay it forward" if you want to know exactly how I proceeded.  Either way, good luck!!

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Thanks Jimmy!  I don't plan on caving in for them.  I will fight it out!!  Hopefully I will  have the same ending as you do.

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So, should I reply to it?  Or sit tight and see what their next step is?

 

I appreciate all the help!

 

If you intend to keep fighting, no reply is necessary.

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Thanks Jimmy!  I don't plan on caving in for them.  I will fight it out!!  Hopefully I will  have the same ending as you do.

 

Great! Good for you!

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You could forward the offer to Coltfan's private booth at Burger King, I'm sure he would come up with an appropriate response. The term "shove it" comes to mind. His signature is well known to Midland, a hoof print made with barbecue sauce.

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He sent a "Consent Judgment" request tell him to use that request for toilet paper.

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I am a fellow Arkansas that beat this same duo. Trust me that consent judgment is just their " hail mary hoping you will cave last ditch effort because we have no case against you!!!" Just stick to your guns. Send them Discovery, POD, ROGs, and Admissions when you get those back. They will fold like a house of cards! DO NOT PAY THEM!!!!

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I hope some of you are on here today.  It is a rainy day, so maybe you have time for me!

 

I have my "Requests for Admissions" sent by Stephen Lamb for Midland.

 

Here is what they want me to admit:

 

#1: Admit that you are a resident of ## County, state

 

#2 Admit that you charged on the account, which is the subject of this lawsuit.

 

#3 Admit that the principal amount past due on said account, which has not been paid, and has been owed for a long period of time is $###

 

#4  Admit that monthly statements/bills in regard to this account were went to you and received by you.

 

#5 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account.

 

#6 Admit that you never notified Plaintiff in writing of any complaints or requests to stop credit on this account.

 

#7 Admit that you do not have any documentation indicating the balance of this account to be less than $##

 

You are hereby notified that should you fail to respond to said Requests for Admissions within 30 days allowed, each of the matters contained herein shall be taken as admitted; and should you deny any of the Requests herein, the truth of which is hereby proved, applicaiton will be made to the Court for an Order requiring you to pay the reasonable expenses incurred in making such proof, including a reasonable attourney's fee, and jury fees, if any.

 

No signatures by the lawyer.  Just stamped.

 

Also, does not ask for my signature.

 

I have read back through and studied all the advice and can't seem to find how to answer this.  I know I read it before.

 

Thanks for any help!!

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#1 Admit

#2 Defendant lacks sufficient knowledge of alleged account and can neither admit nor deny at this time.

#3 ADMITTED in part, to the extent that Defendant does not have materials in her possession that would serve to establish the accuracy of any alleged principal amount Plaintiff seeks one way or the other. Such documentation will be requested in discovery. Therefore, Defendant denies any implied admission that the alleged principal is accurate or owed.

#4 Deny

#5 ADMITTED in part. Defendant never notified Plaintiff of any complaints or requests of any kind because Plaintiff is not the alleged original creditor. Therefore, Defendant would have no reason to do so.

#6.ADMITTED in part. Defendant never notified Plaintiff of any complaints or requests of any kind because Plaintiff is not the alleged original creditor. Therefore, Defendant would have no reason to do so.

#7 ADMITTED in part, to the extent that Defendant does not have any documents in her possession that would serve to establish the accuracy of any alleged balance the Plaintiff seeks one way or the other. Such documentation will be requested in discovery. Therefore, Defendant denies any implied admission that the alleged balance is accurate or owed.

 

When answering, just use the same 'format' to look the same. Re-state the admissions, then provide you answer underneath. When you sent it back, be SURE you include the "Certificate of Service" that states you have replied, giving lawyer's address. Just re-word the 'COS' at the bottom of the Plaintiff's document to reflect what YOU did. Long ago, I though 'Certificate of Service' meant I had to do something with the court to get some kind of 'physical' certificate. Turns out, it is just the WORDS, followed by the "...on this day, blah, blah.

 

Just MY personal opinion -- I'm not a lawyer. Hopefully some other forum members can chime in on this. Good luck! -J

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