phxpabound

Want to sue Midland Funding to fix credit report

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I have been lurking on CreditInfoCenter for months and I want to thank all of you for the great advice.   I have had Midland Funding drop 1st case against me and now I am fighting them on 2nd case.  

 

Background:

Current case in Maricopa County, AZ (Phoenix).  They are suing as assignee of Chase even though Chase was not the OC on any of the accounts. 

 

This one is a WAMU Account sold to Chase sold to Hilco Receivables sold to Midland Funding.

 

The one I fought them and they dismissed was the same as this one.

 

I originally had 4 credit card accounts we are dealing with the 2 above and 2 more that went

Providian sold to WAMU, sold to Chase, Not sure of trail here, now at Midland Funding.

 

I am arguing hearsay and standing on all of them.

 

From research I have found that when WAMU was bought via FDIC by Chase, there pretty much were no lists of accounts so no true bill of sale per accounts ( at least not for mortgages, so I can not imagine if they did not list $200,000 home loans I am pretty sure they did not list $3000 unsecured credit accounts).

 

I moved to Pennsylvania recently.  I made court and Jerold Kaplan law firm aware we were moving months ago and have filed proper docs with court (They actually filed against me after I informed them I was moving).  Round Trip Airfare and car rental to Phoenix is going to cost me around $350 to $500 depending on deals.  Kaplan of course has threatened everything under the sun and moon and tells me they will require me to show. ( I know they can not and judge already told me I could appear telephonically at pre-trial) and in same breath they might have Midland drop case and refile in PA.

 

I want to show and I want to pummel them, but they filed to dismiss case at last minute last time ( I would have shown, but it was interfering with our moving dates and that allowed me to get cross country trip started earlier).  If I buy tickets and rent car before hand they will dismiss and I will end up spending all that for nothing.  If I object and show up can I get the judge to rule in my favor with prejudice to keep them from refiling in PA again (still inside SOL).  Can I make them pay my travel costs?  

 

Question 2:

My ruined credit report. For these 4 accounts:    I currently have 4 negative line items for Chase, 5 account lines for Midland (one is listed twice with slightly different numbers), 2 line items for Hilco and 4 collection listings for Midland.  All total these 4 accounts are showing as 15 negative items on credit report.  I am in process of disputes now getting more and more threatening as we go.  

 

Can I sue them to remove the lines using the same hearsay and standing arguments in court?  There is no way they have any docs to support these accounts as Providian is now gone like 7 years and WAMU really had no sale docs to Chase, let alone all the steps in between. I have disputed, followed up and I am now demanding proof or removal from credit bureau or lawsuit.  Can I sue them for the $1000 per incident violation amounts listed in FCRA Sect 602 through 616.

 

I think that the threat of this will get everything removed, however, if they choose to fight, winning is nice, but getting paid for the myriad of time allotted would also be nice.  

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Just found questionnaire - Sorry, here are answers: 

 

Any help is greatly appreciated!! Thank you in advance!! 
 
I already got first case dismissed in other court.  This is 2nd account of 4 midland purchased from Chase.
 
1. Who is the named plaintiff in the suit?
Midland Funding
 
2. What is the name of the law firm handling the suit?
Jerold Kaplan Law Office
 
3. How much are you being sued for?
About $3,700
 
4. Who is the original creditor? (if not the Plaintiff)
Chase Bank on case, (actually from statements they sent me it is WAMU)
 
5. How do you know you are being sued?
Process server at the door.
 
6. How were you served?
Served my wife at home in AZ before we moved to PA 
 
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? 
Threatening letters, Had Credit Counseling Service contact them on my behalf asking for validation of debt.  Sent no credit card agreement, no application, unsigned terms and conditions and 6 statements, 3 from WAMU and 3 from Chase at an old address.
 
9. What state and county do you live in?
Lived in Maricopa County, AZ, just moved to Lancaster, PA
 
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
September of 2010
 
11. What is the SOL on the debt? To find out: 
6 years in AZ, 4 years in PA
 
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).
Have filed answer, have filed courts discovery form stating no recollection of account.  Have answered their interrogatories,  sent my own very detailed list of interrogatories, filed Motion to Strike Affidavit (waiting on answer, though think judge is going to state that is in not submitted to evidence and move to strike at court), had pre-trial where Kaplan's attorney made lots of threats, I admitted nothing and wished him luck with all his threats.  Waiting on court date, and renewed motion to appear telephonically even though I am considering flying back. (See above)
 
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?
Have disputed and followed up with Credit Bureaus - now moving to Midland and Chase directly
.
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.  
Yes, but they only sent statements, no real proof that it is my debt.
 
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?  See process above - Denied due to privacy on person matters and stated no knowledge with info available on affirmations. 
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When you get plane tickets and rent the car, make sure you get it with cancellation reimbusement.

 

In any event, even if you have to eat the cost of the plane ticket and car rental, it's still cheaper than having to pay the judgement.

 

SOL isn't going to matter... you said your defences were hearsay and standing...

 

Most JDB's dismiss at the last minute...just part of their game.

 

Personally, I would see it through...your already this far...

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Hey guys, 

 

I had already filed motion to strike affidavit and judge granted my motion.  They got my disclosure docs and stated at pre-trial conference they would be objecting to all of them. I said, that is kind of strange as you filed the case and you are going to object to giving up any docs that prove that an account existed or that you have standing and he responded, "Maybe we will just dismiss and let our client refile in your new state." 

 

So today,  Kaplan (attorney - stated very loosely) just sent me a stipulation to sign dismissing case without prejudice.  Signing and returning it.  That concludes both cases in AZ.  SOL is up in Pennsylvania as of October so as long as they do not refile I am out of the danger area, (but obviously easier to fight it here).

 

Now back to question on credit report .  If I sue them under FCRA for reporting an account falsely, don't all same rules exist in court making it impossible for them to prove they own or have standing, so can't I do that and make them remove and possibly get the $1,000 per account for not complying with requests for validation for last year. (I have proof of delivery on all mail).  DO I wait until after the SOL passes in October to start that course of action or should I start it now?

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@phxpabound

 

Congratulations on the dismissal.  :-)

 

 

Now back to question on credit report .  If I sue them under FCRA for reporting an account falsely, don't all same rules exist in court making it impossible for them to prove they own or have standing, so can't I do that and make them remove and possibly get the $1,000 per account for not complying with requests for validation for last year. (I have proof of delivery on all mail).  DO I wait until after the SOL passes in October to start that course of action or should I start it now?

 

 

1.  What is inaccurate/false about their entry on your CR?

 

2.  Yes, they should have to show that they have a right to report the account.  That would mean they have to show ownership of the account.  However, if you sue, the burden of proof is on you to show that they don't own the account.  You'd engage in discovery and they'd provide their bill of sale.  At that point, it would be up to the judge to decide if that bill of sale proves ownership.  They might even be willing to provide the full agreement from the OC that includes your name and account number.

 

There's no way of knowing what they'd be willing to do.  In fact, they might simply settle with you.  The point is that if you sue, the burden of proof is yours. 

 

If the OC is reporting, what is the OC reporting as the date of first delinquency (DOFD)?  A negative entry falls off your CR 7 to 7.5 years after the DOFD.  That includes any collection entries related to the account.

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I have a question along these same lines except mine was dismissed WITH prejudice.  I also received another letter from them AFTER the dismissal.  Go figure!!!

 

So do I get to sue them for each time they reported to the credit bureaus?  I filed three complaints at three different times with all of the credit bureaus to remove the negative reporting and Midland "verified" each time.

 

But I am wondering if I sue them, would I have to PROVE they don't own the account even through they dismissed WITH prejudice?  Doesn't it mean they admit they have no standing when they do this?

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I have a question along these same lines except mine was dismissed WITH prejudice.  I also received another letter from them AFTER the dismissal.  Go figure!!!

 

So do I get to sue them for each time they reported to the credit bureaus?  I filed three complaints at three different times with all of the credit bureaus to remove the negative reporting and Midland "verified" each time.

 

But I am wondering if I sue them, would I have to PROVE they don't own the account even through they dismissed WITH prejudice?  Doesn't it mean they admit they have no standing when they do this?

The credit bureaus are suppose to look into it and question Midland. If there is no dispute credit bureau will tell you Midland has been removed. This is what happened to me with Midland. When I filed a complaint with credit bureaus, it was around the same time Midland dismissed and I received a reply from credit bureaus they removed Midland from my credit.

Once you get the official Court copy refile your complaint with bureaus and let them know that Midland are not owners

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Just an update.  Attorneys for Midland huffed and puffed at phone pre-trial conference and made threats they could not legally carry out (forcing me to fly back to AZ for trial).  They said not to believe what I read on the internet and that they  would pile on even more fees if I did not just settle.  I told them I read very well and would follow the play book to the letter until I get a ruling against them.

 

Got letter in mail from attorneys agreeing to dismiss case again.  Sent stipulation to dismiss case and I signed and sent it back.  Checking to see that court got it and hopefully then done.  SOL expires in PA in October, so I think I am done with this one.  Intend to let SOL pass and then dispute the crap out of them until they violate FCRA and then threaten to get them to drop credit line entries.

 

Is that best plan at this point?.

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Sue em. That's my plan. They have removed from Equifax and Transunion but not Experian. Instead of removing, they just left an incomplete trade line that includes no dollar numbers. No comments. No amount due. It just says "No Status" and shows as an unknown account type on my credit report. When I dispute it with the CR, they update it with all the information again. Then two weeks later remove it making it an unknown account type again. This has been going on since November.

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Just an update.  Attorneys for Midland huffed and puffed at phone pre-trial conference and made threats they could not legally carry out (forcing me to fly back to AZ for trial).  They said not to believe what I read on the internet and that they  would pile on even more fees if I did not just settle.  I told them I read very well and would follow the play book to the letter until I get a ruling against them.

 

Got letter in mail from attorneys agreeing to dismiss case again.  Sent stipulation to dismiss case and I signed and sent it back.  Checking to see that court got it and hopefully then done.  SOL expires in PA in October, so I think I am done with this one.  Intend to let SOL pass and then dispute the crap out of them until they violate FCRA and then threaten to get them to drop credit line entries.

 

Is that best plan at this point?.

 

I'm not sure PA SOL will apply.  I remember that when I moved to TX I read that to claim TX SOL you needed to reside there for six months.  You may want to check out application of PA SOL to new residents.  You may have to go round 3...

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I bought my home here (PA) in December of last year, but it is in a mobile home community. and took several months having work done and completing business in AZ.  I have utility bills, taxes, and lot rent receipts dating back to January 1st, so I think I am pretty good on the 6 month provisions.

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