LostInPdx

Midland Funding Suing for Breach of Contract

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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? (should be listed at the top of the complaint.)

 

Daniel N. Gordon, P.C.

 

3. How much are you being sued for?

 

 

$1,100

 

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

 

CitiFinancial/Wickes Furniture

 

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

 

 

Served Summons & Complaint

 

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

 

Certified Mail

 

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?

 

 

They had contacted me by phone. I had made payment arrangements and had missed the past two months.

 

9. What state and county do you live in?

 

Multnomah County, Oregon

 

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

 

 

January 2013 to the debt collector.

 

11. What is the SOL on the debt? To find out:

 

6 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).

 

Case number issued. I need to file my answer.

 

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.

 

I sent it out today.

 

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?

 

 

 

They gave me 30 days from the date it was filed. The complaint stated March 5th as the date it was filed, although I contacted the court and they have it on record that it was filed on March 14th bu do not have a record of it being served. They asked me when it was served and I told them I don't know. (Which I do because I have it)

 

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

 

No evidence. Just a summons and complaint.

 

 

----

 

I will post the complaint next.

 

I've written my Answer but have some questions on how I should handle this. I am not denying that I owe a debt that originated from CitiFinancial/Wickes Furniture. I just want to limit the damages, not incur attorney's fees and avoid garnishment. Hopefully I can get a court ordered payment arrangement.

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IN THE ClRCUIT COURT OF THE STATE OF OREGON

FOR MULTNOMAH COUNTY

 

MIDLAND FUNDING, LLC,

Plaintiff,

vs.

XXXXX XXXXXXX,

Defendant.


SUMMONS

 

XXXX XXXXXXX, XXX S.W. XXX Pl., XXXXX, OR 9XXXX

IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and

defend the COMPLAINT filed against you in the above-entitled cause within thirty (30) days

from the date of service of this Summons upon you, and in case of your failure to do so, for

want thereof, Plaintiff will apply to the Court for the relief demanded herein.

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY!!!

You must "appear" in this case or the other side will win automatically. To "appear" you

must file with the Court a legal paper called a "Motion" or "Answer". The Motion or Answer

must be given to the Court Clerk or Administrator within thirty (30) days along with the

required filing fee. It must be in proper form and have proof of service on the Plaintiffs

attorney or, if the Plaintiff does not have an attorney, proof of service upon the Plaintiff.

If you have any questions, you should see an attorney immediately. If you need help in

finding an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online

at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland Metropolitan area)

, or toll-free elsewhere in Oregon at (800) 452-7636.

DANIEL N. GORDON, P.C,

 

 

 

___________________________________________________

 

 

 

Plaintiff alleges:

BREACH OF CONTRACT

1.

Plaintiff is a limited liability company, which for good and valuable consideration purchased

Defendant's CitiFinancial, Inc./Wickes Furniture charge account and contract and all of the

associated rights thereunder.

2.

Defendant, an individual residing in Multnomah County Oregon, entered into a contract with

CitiFinancial, Inc.IWickes Furniture for a charge account. The charge account was issued to

Defendant under the account number XXXXXXXXXX.

3.

CitiFinancial, Inc./Wickes Furniture supplied the charge account to Defendant subject to

certain terms and conditions regarding its use, as set forth in the Terms and Conditions document

supplied to Defendant at the time of opening the account.

 

4.

Defendant thereafter used the charge account and became indebted to CitiFinancial,

Inc./Wickes Furniture.

5.

CitiFinancial, Inc.lWickes Furniture performed its obligations under the terms of the contract.

6.

Defendant breached the contract by failing to make payment(s) as agreed. As a result,

Defendant's charge account was charged off for delinquency on September 30, 2008.

7.

As a result of Defendant's breach, Defendant is indebted to Plaintiff in the sum of $1,103.28,

which includes principal and interest, plus interest at the state statutory rate of 9% per annum

from September 30, 2008 until paid. Plaintiff is also entitled to actual costs and disbursement,

with interest thereon at the current legal rate of 9% per annum from the date of judgment until

paid.

8.

Pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC §1692c, the Court

should authorize Plaintiff and its attorneys to contact third persons and entities for the purpose of

collecting its judgment entered in this Court. The Court should also authorize Plaintiff and its

attorneys to reveal the existence of Defendant's debt to such third persons and entities.

 

 

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. The sum of $1,1XX.XX, which includes principal and interest, plus interest at the rate of 9%

per annum from September 30,2008 until paid;

 

2. Plaintiff's costs and disbursements incurred herein, with interest thereon at the rate of 9%

per annum from the date of judgment until paid;

3. Authorization for Plaintiff, its agents, attorneys and assigns to contact third persons and

 

entities for the purpose of collecting its judgment entered in this court and to reveal the

existence of Defendant's debt to such third persons and entities.

 

Dated this 5 day of March, 2013.

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Here's what I've come up with for my Answer:

 

 

ANSWER TO THE COMPLAINT

            The Defendant, XXXXX XXXXXX (hereinafter “XXXXXX”), hereby file their Answers and Affirmative Defense to Plaintiff’s Complaint and states as follows:

1.

XXXXXX lacks sufficient knowledge to the allegations and demands Plaintiff provide proof and validate a debt owed to them.

2.

XXXXXX admits allegation made by the Plaintiff but does not possess original contract, which originated in 2006, and demands Plaintiff to provide a copy of the original, signed contract to the court.

3.

XXXXXX admits to allegations made by Plaintiff.

4.

XXXXXX admits to allegations made by Plaintiff.

5.

XXXXXX admits to allegations made by Plaintiff.

6.

XXXXXX lacks sufficient knowledge to the allegations made by Plaintiff.

7.

XXXXXX denies the allegations and demands Plaintiff provide proof of debt owed to them.

8.

XXXXXX denies the Plaintiff’s request to the Court to contact third persons and reveal the Defendant’s debt as protected  in the Fair Debt Collection Practices Act (FDCPA)

 

WHEREFORE, the Defendant demands this court dismiss with prejudice the above style action.

 

AFFIRMATIVE DEFENSE

Defense 1.

            The Plaintiff must provide proof and validate a debt owed to them by the Defendant. Defendant has requested a Debt Validation to be provided by Plaintiff’s attorney.

Defense 2.

            The Plaintiff’s claims are barred, in whole or in part, by the doctrine of the State of Oregon’s Statue of Limitations, as defined in ORS 12.080, requiring Plaintiff to file complaint within six years of the originating contract.

 

WHEREFORE, Defendant requests the Court to dismiss the Plaintiff’s Complaint with prejudice.

 

            I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. mail to the Clerk of Multnomah County in Portland, Or, and to Daniel N. Gordon, P.C., 4023 W 1st Ave, Eugene, Or. 97402 this

____ day of April, 2013.

 

 

----------------

 

Any suggestions on this would be appreciated.

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(Cookie Cutter Answer for Cookie Cutter Complaint - Same one used by DNGPC 6 previous times including mine.)

 

Now comes Defendant, LostinPDX, Pro Se, who, except as otherwise admitted or qualified herein, denies each and every allegation, implicit or explicit, in the Complaint and puts Plaintiff to its strictest proof thereof. Denial is additionally due to compounded and multiple allegations within single paragraphs.Plaintiff is deficient in proof that they are the real party of interest. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action, moreover an assignee must plead the assignment of the debt from the assignor  within it’s complaint to establish that it is the real party of interest sufficient to support a cause of action. As a result, the Plaintiff has failed to state a claim where relief can be granted

 

1.

Plaintiff is a limited liability company, which for good and valuable consideration purchased Defendant's Wells Fargo Bank N.A. credit card account and contract and all of the associated rights thereunder.

 

ANS: DENY Defendant lacks information or belief in the truth of the allegation to admit or deny and therefore denies the allegation in Paragraph 1. Plaintiff has failed to attach the document or documents to the complaint showing any assignments from any third parties. Defendant is without knowledge of plaintiff's business, incorporation status, or legitimacy and therefore fully denies the allegation that plaintiff has properly procured the alleged account at issue and must DENY.

 

 

2.

Defendant, an individual residing in Multnomah County Oregon, entered into a contract with

CitiFinancial, Inc.IWickes Furniture for a charge account. The charge account was issued to

Defendant under the account number XXXXXXXXXX.

 

 

ANS: ADMIT IN PART/DENY IN PART Defendant admits that he/she resides in

Washington County, Oregon, and that she one time applied for, among others, a credit card from CitiFinancial, Inc. Defendant lacks sufficient information about the accuracy of the remaining allegations in Paragraph 2, and therefore denies the remaining allegations contained in Paragraph 2. Plaintiff has provided an alleged account number; however, failed to provide Defendant with any kind of documentation for alleged credit card debt. No evidence or affidavits were sent with summons.

 

 

3.

CitiFinancial, Inc./Wickes Furniture supplied the charge account to Defendant subject to

certain terms and conditions regarding its use, as set forth in the Terms and Conditions document

supplied to Defendant at the time of opening the account.

 

 

ANS: DENY the alleged "original creditor" is a third party to this instant action and Defendant lacks sufficient information about the accuracy of this information to form a belief as to the truth or falsity of Paragraph 3. Absent any alleged account information to the contrary Defendant denies receiving or using any such credit card, and that the referenced agreement is not appended to the Complaint.  Defendant has no reasonable basis for anything other than a general denial.

 

4.

Defendant thereafter used the charge account and became indebted to CitiFinancial,

Inc./Wickes Furniture.

 

 

ANS: DENY the alleged "original creditor" is a third party to this instant action and Defendant lacks sufficient information about the accuracy of this information to form a belief as to the truth or falsity of Paragraph 4. Absent any alleged account information to the contrary Defendant denies receiving or using any such credit card nor does she agree to any such alleged indebtedness referenced, and missing such documentation not appended to the Complaint. Defendant has no reasonable basis for anything other than a general denial.

5.

CitiFinancial, Inc.lWickes Furniture performed its obligations under the terms of the contract.

 

 

ANS: DENY Defendant lacks information or belief in the truth of the allegation to admit or deny as no contract has been provided or existed between Plaintiff and Defendant and therefore Defendant denies the allegation in Paragraph 5. Plaintiff has failed to attach any document or documents to the complaint and therefore must DENY.

6.

Defendant breached the contract by failing to make payment(s) as agreed. As a result,

Defendant's charge account was charged off for delinquency on September 10, 2009.

 

 

ANS: DENY No contract has ever existed between Plaintiff and Defendant. Plaintiff has never extended credit to Defendant, no truthfulness attaches to Plaintiff's allegations and therefore must DENY.

 

7.

As a result of Defendant's breach, Defendant is indebted to Plaintiff in the sum of $1,103.28,

which includes principal and interest, plus interest at the state statutory rate of 9% per annum

from September 30, 2008 until paid. Plaintiff is also entitled to actual costs and disbursement,

with interest thereon at the current legal rate of 9% per annum from the date of judgment until

paid.

 

 

ANS: DENY Defendant denies the allegations contained in Paragraph 7 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant. No debt validation from CitiFinancial, Inc. pursuant to the FDCPA Act (§ 803.4) was supplied with summons. Defendant owes the Plaintiff not one penny and therefore must DENY.

8.

Pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC §1692c, the Court

should authorize Plaintiff and its attorneys to contact third persons and entities for the purpose of

collecting its judgment entered in this Court. The Court should also authorize Plaintiff and its

attorneys to reveal the existence of Defendant's debt to such third persons and entities.

 

 

ANS: DENY Plaintiff's citing "debt collection terms and definitions" for permission to

Violate Defendant's privacy rights is in itself a false and misleading tactic.

 

            The Defendant opposes any authorization by this Court for Plaintiff to contact any

person or entity and provide any information as requested in Paragraph 8.

 

            Plaintiff's statement in Paragraph 8 suggests that Plaintiff wishes to obtain the

Court’s Permission to violate Defendant’s privacy rights.

 

            Plaintiff has provided no substantiation or details to support its assertion that the

Court should authorize third persons and entities, and appears to be an attempt by

Counsel to charge Plaintiff unnecessary fee's for a frivolous action.

 

            Allowing the Plaintiff to reveal the existence of Defendants alleged debt to such third persons and entities violates Defendant’s privacy rights which the natural consequence of is to intentionally harass, oppress, or abuse the Defendant in connection with the collection of an alleged debt.

 

 

Defendant affirmatively states as follows:

 

9.

            There is not, nor has there ever been any agreement, written, oral, or implied between the Plaintiff and Defendant. The Defendant asserts that this action may be barred by the applicable statute of frauds.

 

 

10.

            Upon information and belief, Plaintiff may be liable for statutory damages pursuant to FDCPA Act § 803.4 to include remedy for filing false affidavits. Eva Lauber et al. v. Midland Funding LLC, Supreme Court CV-10-5132-LRS.

 

 

11.

            Plaintiff included no evidence of proof with the complaint that Defendant’s alleged debt to Plaintiff exists. This includes 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 production of the contract that legally requires the Defendant to pay the amount entered into complaint. Nor has the Plaintiff provided original or copy of the account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws under which the agreement and account are governed plus other important facts.

 

(OPTIONAL AFFIRMATIVE DEFENSES - THE FORUM DOESN'T SEEM TO LIKE THESE - YOUR DECISION)

 

 

As and for a Second Defense

Plaintiff has deficiency in their proof of standing excluding any right to sue, and further

precluding subject matter jurisdiction the Oregon Circuit Court of Washington County in which the suit is filed.

 

As and for a Third Defense

Plaintiff has failed to provide proof of any credit card agreement or evidence that it was offered, delivered, or that it's enforceable in order to prevail on any breach of contract or account stated. Plaintiff is deficient in proof of valid contract between parties of this immediate action.

 

As and for a Fourth Defense

            No evidence or record appears in the complaint supporting facts, other than related assumptions, or that the Plaintiff is an Assignee of the purported agreement, or that any transfer of title or rights to the Original Creditors Claims or ability to take action, are evident and remain unsubstantiated.

 

As and for a Fifth Defense

            Plaintiff is deficient in proof that they are the real party of interest. Rule 26A of the Oregon Rules of Civil Procedure requires that every action be prosecuted in the name of the real party in interest and that, relevant substantive law creating the right being sued upon, the suit has been commenced by the party holding the substantive right to relief.

 

 

As and for a Sixth Defense

            Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act the Oregon Fair Debt Collection Practices Act, and the Oregon Unlawful Debt Collections Practice Act.

 

III. Defendant's Prayer for Relief

 

The Defendant has been injured by Plaintiff's actions:

 

WHEREFORE, Defendant prays that the Court allow Plaintiff to take nothing by

virtue of its Complaint and that Court dismiss the complaint with prejudice as

follows:

1. Deny Plaintiff's request for relief on this complaint in the sum of $XXXX.XX, which includes principal and interest, plus usurious interest at the rate of 9% per annum from [iNSERT DATE]  until paid.

 

2. Deny Plaintiff's requests for Plaintiffs costs, disbursements and attorney's

fees incurred herein, with interest thereon at the rate of 9% per annum

from the date of judgment until paid;

 

3. Deny Plaintiff authorization for Plaintiff, its agents, attorneys and assigns to contact third persons and entities for the purpose of collecting its judgment entered in this Court and to reveal the existence of Defendant's debt to such third persons and entities;

 

4. For judgment against Plaintiff for actual and statutory damages under FDCPA.

 

5. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

 

6. Such other remedies or sanctions the Court deems appropriate.

 

 

 

 

Dated this 3RD day of April, 2013

 

/s/___your name

Signature Block etc....

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8.

Pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC §1692c, the Court

should authorize Plaintiff and its attorneys to contact third persons and entities for the purpose of

collecting its judgment entered in this Court.

 

 

What judgment?  There hasn't been a judgment.  The plaintiff is a bit premature.

 

 

 

ANS: DENY Plaintiff's citing "debt collection terms and definitions" for permission to

Violate Defendant's privacy rights is in itself a false and misleading tactic.

 

 

They didn't cite terms and definitions.  They cited 1692c based upon something that hasn't yet occurred (a judgment) and that they don't know for sure will occur.

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This is Oregon and DNGPC has better then a 95% default judgement rate so they throw that in which allows them to use third parties to collect funds, recover assets, and the Court does nothing.. DNGPC apparently is so busy they don't have time to collect their own money. It's almost asking the Judge to make special rules from the bench in favor of the JDB and council is getting away with it. 

 

They answer I used was with the help of LegalEagle and my Sister who has been battling Midland Funding out of the AG's office in Minnesota. They won for the State big time!  

 

 

ANS: DENY Plaintiff's citing "debt collection terms and definitions" for permission to Violate Defendant's privacy rights is in itself a false and misleading tactic.The Defendant opposes any authorization by this Court for Plaintiff to contact any person or entity and provide any information as requested in Paragraph 8.

 

Plaintiff's statement in Paragraph 8 suggests that Plaintiff wishes to obtain the Court’s Permission to violate Defendant’s privacy rights. Plaintiff has provided no substantiation or details to support its assertion that the Court should authorize third persons and entities, and appears to be an attempt by Counsel to charge Plaintiff unnecessary fee's for a frivolous action.

 

Allowing the Plaintiff to reveal the existence of Defendants alleged debt to such third persons and entities violates Defendant’s privacy rights which the natural consequence of is to intentionally harass, oppress, or abuse the Defendant in connection with the collection of an alleged debt.

 

HP

 

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Thanks Huey Pilot & BV80 for your input.

 

Two questions,

 

1. If I win (which I plan to), and the Plaintiff does not provide proof of ownership, who do I owe my debt to?

 

2. If I win without prejudice, what do I do next?

 

Obviously, this could all be dropped after DNGPC receives my DV tomorrow via certified mail, but I doubt that will happen.

 

Also, Huey Pilot, can you post a link to your thread about your case?

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Thanks Huey Pilot & BV80 for your input.

 

Two questions,

 

1. If I win (which I plan to), and the Plaintiff does not provide proof of ownership, who do I owe my debt to?

 

2. If I win without prejudice, what do I do next?

 

Obviously, this could all be dropped after DNGPC receives my DV tomorrow via certified mail, but I doubt that will happen.

 

Also, Huey Pilot, can you post a link to your thread about your case?

1.

When you win you do as Beergoggles said earlier on the forum "You both have a nice day". You will probably have to go through mandatory Court assigned arbitration unless the Plaintiff drops the case early, which I doubt he will. When you win it's over and you don't owe the plaintiff anything. The Bank has written it off and already been paid, the JDB is just a parasite and you won't/don't owe not one penny.  In fact you will then file your cost bill for expenses and prevailing party award. You can then work on repairing your credit. 

 

2.

If you win without prejudice it's the same thing. It's a win and it's possible but doubtful the Plaintiff will come after you again. It's just to expensive to hire attorneys, pay Oregon's exorbitant fees, fly witnesses in, and compensate an attorney for the small amount involved. You are done. Period!

 

"DNGPC receives my DV tomorrow via certified mail" - It's way to late for that if DNGPC has already filed a Complaint. DV is a preliminary step prior to a lawsuit. You obtain this info with discovery. 

 

Your next step will be to file and send your Requests for Production of Documents (POD's) and a few Requests for Admissions (RFA's). You only get 30 total in Oregon so start with a few and wait until you get documents back for the JDB's attorney. Here is where you eliminate standing.

 

I have a lot of postings but no start to finish thread. I filed all my documents with the Washington County Court House in Hillsboro so they are public record. There is a ton of them. It's one of the reasons DNGPC didn't want to go forward when I filed an appeal.

 

What other Documents, if any, did they attach to your Complaint. You may want to file a counter affidavit if that has been submitted, or an affidavit of denial on the front side just to beat them to the punch. 

 

HP 

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Last week I received a response to my Debt Validation request. It was a letter stating that they now consider their obligation complete and expect full payment on this account immediately.

 

Here's what my DV requested:

 

 

An explanation of what the money owed is for.

 

An explanation of how the amount owed was calculated.

 

Copies of any agreements signed obligating you to pay for the debt.

 

Provide copies or other verification of any judgment (if applicable).

 

Prove that federal and state statue of limitations applicable to the debt have not expired.

 

Identify who the original creditor of the debt was.

 

Provide verification that the collection agency is licensed to collect in my state.

 

Provide their license numbers and registered agent.

 

Here's what they provided:

 

A Citifinancial Retail Services statement dated 10/05/08 with a new balance of $2,6XX.XX and Minimum Due of $69X.XX

 

A Bill of Sale and Assignment to Midland Funding which does not state a value of the account and have a signature of Michael Taulbee. It is dated April 22, 2011. It is not notarized (I'm not sure that matters). It looks like a photocopy.

 

 

Does this answer my questions, or denial of knowing that Midland is authorized to collect on this account? Should I revise my Answer before filing it this week?

 

They did not provide any more information regarding the account. No signed contract. No proof that they are authorized to collect in this state (Oregon).

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They satisfied debt validation, which is useless anyway once you've been sued. All that junk you asked for is improper. That's all stuff you ask in discovery.This has nothing to do with your answer, the answer is used to admit or deny the allegations in the complaint, not argue the entire case.

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In order to find out if they're licensed, check your state's government website for collection agencies and licenses.  Midland Credit Management is the collection arm of Midland Funding.

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States that do not require licensing include California, Georgia, Iowa, Kansas, Kentucky, Montana, Oklahoma, Pennsylvania and South Carolina. I would check state law for this, Midland is acting as a plaintiff here and the lawyers are acting as counsel and are usually exempt from licensing laws. Midland may not need a license to sue you. Again, this is a gray area.

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Midland is a licensed collection agency in Oregon.

 

Here's information on who needs to be licensed: http://licenseinfo.oregon.gov/index.cfm?fuseaction=license_seng&link_item_id=1734

 

The weird thing is that before Midland sued me, Daniel Gordon P.C. was collecting from me. I made 3 payments to Daniel Gordon through their website. They said they were collecting on behalf of Midland though.

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LostinPDX

 

Please let me know how this went for you.  I am about to go up against DNG in Washington county.  They sent me the same exact Summons.  But prior to this I sent them a letter requesting DV.  

DNG sent me a generic Bill of Sale.  You would thing both Citi & Midland, billion dollar corps could afford letterhead.  They also sent me a copy of one of my statements.  It is a Shell card, but the thing is I don't have a contract with Shell.  I had one with Texaco who sold to Shell.

I am two months out from SOL these SOB's..

 

I need someone to answer this, The Bill Of sale from Citi is dated May 29,2009 but in the summons paragraph #7 DNG ask for payment from Charge off date of Jan. 2008, can they do that?

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Sure, why not. They can keep the account as long as they want before they decide to sell it. Guess you eventually looked like a poor prospect to collect from. The fact that they did not sue when they could have, just so they could get more interest out of you, is a good argument to make.

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Thanks Huey Pilot & BV80 for your input.

 

Two questions,

 

1. If I win (which I plan to), and the Plaintiff does not provide proof of ownership, who do I owe my debt to?

 

2. If I win without prejudice, what do I do next?

 

Obviously, this could all be dropped after DNGPC receives my DV tomorrow via certified mail, but I doubt that will happen.

 

Also, Huey Pilot, can you post a link to your thread about your case?

 

 

1. You won't owe the debt to anyone, but if you wanted to make a dontation to your favorite charity, you could do that. :)

2. Wait.  If they file again, you do the same thing you did this time, otherwise, don't worry about it.

 

I hoped you used the answers Huey gave you. Good luck with your case!  These guys will walk you through the process, just post it here first. :)

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@shellieh98 - Yes, I did use Huey's answers. I filed them today. I'll let you know how it goes.

 

A side note, I received a request for documents which is asking for any formal complaints I may have made to Citi Financial/Wickes Furniture. I have no documents to file so I don't know how to respond.

 

Also, I received a request for admissions. This included the bill of sale, same statement from October 2008 and a document indicating CitiFinancial charging off the account - although there's no CitiFinancial logo or letterhead.

 

I'll scan those and paste them here later.

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I was a busy beaver today.  I filled a complaint with the DOJ of Oregon attaching the false affidavit.  Provided to the courts from DNG for Midland.  I sent the State of Texas court documents along with Vassalle case documents proving incorrect/false information allegations.

 My statement to the DOJ "I request the State take action against DNG & Midland for filing false affidavit's to the courts for the sole purpose of gaining monetary judgments.

The flaw they did not know about in there Affidavit will come out after my case, but it makes them look like idiots!

 

Now going to find the AWESOME answers to 

Request for Admission and First Request for Production of Dcouments

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