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Being Sued by JDB Midland Funding in Tennessee


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I too received a civil summons from Midland (Junk Dept Buyer) in the amount of $1,273. 94,  to go to court on May 17, 2013.  My summons did not state anywhere on it a time frame or even mention filing a respones.  Only that I must appear in court and of course not being familiar with legal issues I did not respond.  So here I am 12 days before doing more research to see how I need to handle  this.  My summons also had the EXACT affidavit of Jessica Fiecke attached to it that I have seen in posts on the forum.  They apparently had filed the civil suit in January of this year which allowed them to avoid the Tennessee Statute of Limitations by 1 month. My family has been impacted by several events that have greatly impacted our financial status and I would appreciate ANY assistance in how to handle this matter.  PLEASE HELP ! 

 

 

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I copied and pasted the questions. I hope this is the correct ones.

  1.     Who is the named plaintiff in the suit? Midland Funding

 
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) O Finkelstein Kern Steinberg & Cunningham


3. How much are you being sued for? $1,273.94

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

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

6. How were you served? (Mail, In person, Notice on door)  Notice give to my husband at our residence

7. Was the service legal as required by your state?  From what I have read, 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?  None

9. What state and county do you live in?  Tennessee, Scott

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2-28-07

11. What is the SOL on the debt?  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).  Court Date of May 17th

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

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?  My papers did not say anything about a response only the court date and time and no questionnaire received.


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

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Read your rules of civil procedure regarding answering the complaint.  Some state court rules allow a general denial while in other states, you must respond to each allegation  

 

Considering that all they've provided is an affidavit, I wouldn't consider that to be evidence of anything.   If one of the allegations states that you had a credit card account with Citibank, and if you indeed did have the account, one might respond to that allegation by stating "Defendant has insufficient information to admit or deny and, therefore, denies."  That's the truth.  They haven't provided any evidence that shows that the account is actually your account.

 

If you want to post the allegations, I'm  sure a number of the members here will offer suggestions.

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I am not seeing any allegations on the civil summons.  In the summons area it states:  That I am summon to appear in court (date time location) then and there to answer in a civil action brought by Midland Funding LLC as Successor in interest of Cit Bank.  for monies advanced or loaned or on statement of account on (acct #) for whick payment has not been received as evidenced by the sworn account attached hereto in the sum of $1,273.94 and the costs of this action...under $25,000.

And all that is attached is the Affidavit of Jessica Fiecke as I stated in first post appears to be exactly worded as I have seen posted in a few places on here with the exception of my name and CitBank.

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Since you are pressed for time this is the least you need to do at this time. Fill out the sworn denial form below. Not sure if Scott County has one, but this one is accepted most places in Tennessee. You will need to get it notarized at the court house and turn it in to the court clerk. Then you will need to send a copy to the opposing council through the USPS certified return receipt requested. This will allow you to have a trial date set which will give you a few weeks to figure out your next step. Just make sure and show up for court or they will get a default judgement and you will lose.

 

http://www.tncourts.gov/sites/default/files/docs/final_-_sworn_denial_0.pdf

 

 

Based on the information you gave if you get them to dismiss the debt will then be considered outside of the SOL. Looks like they filed it within a few days of the SOL and unfortunately it is frozen until this case is over. 

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Make sure you go to the post above and round off all numbers instead of listing exact amounts. From the looks of it you may be dealing with a part time judge that also works in a private law practice. Sometimes this is a good thing and sometimes its not. 

 

I think this is the judge you will be dealing with. Read the article he wrote midway down. "The Impossible Balance" 

 

http://www.tncourts.gov/sites/default/files/docs/cotton.pdf

 

Two attorneys post here that are lawyers from Tennessee. You might want to contact them to see if they are familiar with how things work in your area.

 

http://www.creditinfocenter.com/community/user/99321-tnconsumerlawyer/

 

 

http://www.creditinfocenter.com/community/user/60540-nascar/

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The law firm suing you has a dozen Federal (FDCPA) Cases filed against them where they are accused of violating consumer's rights. Nothing that will probably involve you right now, but just thought I would mention it. Almost all of them involve Midland Funding. 

 

http://dockets.justia.com/search?q=Finkelstein%2C+Kern%2C+Steinberg+%26+Cunningham%2C+P.C.

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Yes ArtVandelay.....very interesting.  I sure appreciate all your feedback and I have sent messages to the 2 attrnys you posted the links with to see if they have any insight as to what I should do.  In the meantime I am  going to fill out and file the sworn denial form.  Thank you again.

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Here is the whole situation with my summons.  The date on the summons that it says it was delivered was January 29, 2013.  It was in Feb that it was left at my residence.  I am obviously past the 20 day response timeframe.  I called the law office listed on the summons to work something out and the lady was quite cold and heartless.  During the course of our conversation she offered a settlement amt that there is NO WAY I can afford.  She said they could do payments but the least amt they could do was $105 per month.  There is no way I can afford that with unemployment that was recently reduced and about to run out.  She said the payment had to be there by a certain date and that if I needed to do debit or e-check they could do that. Let me add that I NEVER SENT ANY PAYMENTS because I got a BAD VIBE during the course of this conversation and that was when I started researching and discovered that Midland was a Junk Debt Buyer.  I had never heard of that.  Aside from being unemployed, I lost my sister a month ago (the 4th in line of lost close family members in 2 ½ years), found out my youngest daughter is going to have a baby (she was 7 ½ months when she told us) and the baby is due any day.  We will be caring for the baby while she finishes college.  Now I have this ordeal with court coming up and I literally feel worthless.  My sister was only 55 and my youngest brother passed away 2 years ago at age 47 so I am paranoid about dying on top of everything else. 

I did ask a lawyer about the statute of limitations and since they filed it 1 month before what would have met that II couldn’t

I guess the only help I could receive is how to handle my appearance in court May 17th since I have already screwed up the process.  To be completely honest I thought I had paid this account off when I was harassed at work and I stupidly did set up bank drafts to cover.  I don’t have any way to prove it though because bank records don’t go back that far and are not detailed enough online.  

So if someone can just help me get thru this court date with a littleadvise I would so appreciate it.  I am stressed out L

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Joyce did you look thru your rules of civil procedure? If the summons did not say you had 20 days to reply, then you are ok. The question is.....is this a trial? Is it a motion for summary judgement?

I don't know the answers to that. Can you scan all the paper work you have received, black out the personal info and upload it here?

If it an actual trial, I would look in the midlands threads and find one that gives you a list for requests dot the other side. Make up a set of "requests for documents". Make 3 copies. Send one to the other side Cmrrr. You don't file them with the court.

Next check your rules on witnesses. Do they tell you if they need to be within 150 miles from you? If so, you can file a motion to strike the affidavit. Find that out ASAP, if so file the motion ASAP.

If not, you may want to subpoena " Jessica" anyway. Request name, address and phone no. From plaintiff, if they fail to give it to you, motion to strike affidavit, if they do, subpoena here. Chances are slim she will show.

If you feel you need more time, go to the court tomorrow and ask for leave of the court to finish discovery. (You file that, cleark should have a form, or look online for a generic one). You can also just ask for a continuance, it will give you more time to do the stuff we tell you. Courts usually don't have a problem granting that.

If you are forced into trial and you are in no way prepared, just remember to object to anything they try to enter based on hearsay. There is not an affidavit from the original creditor, so if you do it well, her affidavit means squat.

I'm sorry for your families troubles, you need to keep yourself healthy, so start studying these things, post in this thread only so others can get up to speed and help you out better. The more you learn, the less stress you will have about all this.

Ok GF, get busy. :)

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I guess the only help I could receive is how to handle my appearance in court May 17th since I have already screwed up the process. 

 

 

 

First, sorry for your losses, I was in a similar situation when CACH came after me, I know it doesn't help. If you are not in default for not answering the complaint (in some states you answer by showing up)Your first court appearance will not be a big deal, you will just show up and deny (you can base this on lack of information sufficient to form a belief about the matter asserted). I would find out if you needed to file an answer (call the clerk or local law library), and if you did I would file a general denial now, even if it is late and go to the court date. Hopefully you did not need to file it already and can answer at the court hearing.

 

Go to the hearing and do the best you can to keep it from going to default, and then fight them, you may be able to get them to dismiss. Plenty of help here. Don't let the stress eat you up.

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I'm not aware of a 20 day response time in TN. Unless you want to settle I see no reason why you are talking to them now. If you pay them one penny then the SOL will be reset for another 6 years. This may sound cold but the court will not care about any reason you can't pay. The only thing that will matter to the court is a reason that Midland does not have the legal right to collect the money from you. 

 

Make sure and get your sworn denial filed on time and get a trial date set. If you need help getting it filled out ask here and others will help you. Do not do anything blindly because it will not matter to the court no matter what your circumstances may be. Get this part completed and then you can figure out your next step. 

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Upon further review of the documents I have been trying to upload the letter sent to me from the law office representing Midland against me I apparently "agreed to allow judgement be entered against me".   I guess now I just need to know what ....IF ANY...options I now have because I DID NOT send any payments as the shifty phone conversation was what let to my suspensions. 

Thanks to everyone who has commented for me and I will know in the future that I DO HAVE A VOICE !!

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try to upload again. hit post reply, then advanced editing options, then bottom left attach files.  I just did it when replying to this, and I have the attach files button, but when i did it in pm email i did not have that option.

If you agreed to a judgement, they should not be going to court over this, but instead filing something to find your assets or wage garnishment, so maybe you said ok over the phone, they sent you the doc, but unless you signed, then youre good.

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