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So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was.  I filed my response that I denied this debt was mine and demand validation.  They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland.

 

So as I prepare my defense, what do I do about these photocopied statements and the affadavit?  Should I argue heresay? 

 

 

Here is the lowdown, thanks.

 

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 Gordon 
3. How much are you being sued for?

 

2600
4. Who is the original creditor? (if not the Plaintiff)
Wamu  then chase??
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)
mailman in person
7. Was the service legal as required by your state? 
yea
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?
never had contact with them
9. What state and county do you live in?
Snohomish county, WA
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
2009
11. What is the SOL on the debt? To find out: 
6 years in washington state??
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).
I responded denying the debt, and demanded they provide me evidence I broke a contract.

 

The responded by sending a bunch of statements saying I owe xx amount of dollars.

 

Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions.

 

 

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.

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

 

30 days, and I responded to the claims.  It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories 

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.

 

 

They sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank.

17. Read this article: 

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Start by answering these questions, take out any personal identifying information.

 

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? To find out: 

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).

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

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.

17. Read this article: 

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

 

 

 

Then while your waiting, go to your rules of civil procedure found here.  http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=GR

 

and your rules of evidence found here http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ER

 

and study up.  search in there your hearsay law, and affidavit's in lieu.  That will help you find things to impeach the witness afidavit, and also tell you what they need in order to get those photocopied statements into evidence.  It will also give you ideas on how to keep them out of evidence.

 

Read your rules of discovery.  Does your state have disclosure? or do you do discovery from the start?  Find that out, and then we can help you get started on it.  Does washington have a mandatory arbitration in the court? pre-trial conferences?  That will help us know the flow of your court.

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That's the standard DNGPC mode of operation:

 

Here is what you do.

 

  1. File an Answer immediately (If outside Washington 6 year SOL file for dismissal)
  2. File a request/Motion for JAMS Private Arbitration - You will find it in the old WAMU agreement that's on line)
  3. File a Counter affidavit. (Dueling Affidavits) 
  4. File your Request for Production of Documents (Use the CIC forums legal eagle example)
  5. File a defendants first request for admissions of facts (no more then 10 for now)
  6. File motion to strike affidavit and bill of sale
  7. File second request for production of documents and admissions.
  8. May have to file Motion to Compel to get all the documents DNGPC doesn't have. 
  9. File motion to deem Defendants request for Admissions on defendant admitted
  10. File motion in limine or to preclude documents sent late. (they won't send much of anything more that what you got.
  11. Go to Arbitration and get handed you posterier
  12. File for Trial De Novo and Midland Funding will Dismiss. (That's there business model - too expensive to fight at this point)

HP

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Try to answer the questions in post number 2 as the details are important will us give guidence on how best to proceed.

 

What date were you served?  You only have 20 days to file an answer with the court.  Just sending a letter to DNG saying the debt isn't yours isn't good enough.

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Okay so now that I have responded to their request for admissions and productions, I wanted to make my own in Washington STATE, please let me know if there any changes I should make.  

 

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON FOR SNOHOMISH COUNTY SOUTH DIVISION

MIDLAND FUNDING LLC,                               Plaintiff,

Case No. 1xxxxx

Vs.

 

ME                                           Defendant.
 

 

REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO
PLAINTIFF MIDLAND FUNDING LLC

COMES NOW Defendant ME, pursuant to Civil Rule 34, and requests Plaintiff, Midland Funding LLC to produce the following documents for inspection and copying at the law offices of Plaintiff’s attorney, (Do i put Daniel Gordon here?) within thirty (30) days or as counsel may mutually agree.
 

DEFINITIONS
The following definitions are to be used in responding to the following interrogatories.

A. “Plaintiff,” means MIDLAND FUNDING LLC, ASSIGNEE OF XXXXX, or any agent, employee, officer, director, or any other person acting on its behalf.
B. “Defendant” means, ME an individual.
C. “Document,” means all original writings of any nature or all copies thereof, regardless of whether or not such copies differ in any way from the originals, in your possession or control, wherever located, and includes, but is not limited to, contracts, agreements, records, memoranda, handwritten notes, working papers, letters of correspondence, invoices, statements, purchase orders, bills of lading, minutes and reports. 
D. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant or Defendant and XXXXXX.

 

The party upon whom the request is served shall serve a written response within 30 days after the service of the
request, except that a defendant may serve a response within 40 days after service of the summons and complaint upon that
defendant. The parties may stipulate or the court may allow a shorter or longer time. The response shall state, with
respect to each item or category, that inspection and related activities will be permitted as requested, unless
the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of
an item or category, the part shall be specified and inspection permitted of the remaining parts. The party
submitting the request may move for an order under rule 37(a) with respect to any objection to or other failure to
respond to the request or any part thereof, or any failure to permit inspection as requested.

 

 

DOCUMENTS TO BE PRODUCED:

1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence.

2. The alleged credit application from Account Numbers 999999999999999 bearing the defendant’s signature;

3. The alleged credit agreement from Account Numbers 999999999999999 that states interest rate, grace period, terms of repayment, et cetera;

4. Itemized statements or credit card statements from Account Numbers 999999999999999 that demonstrate how the alleged amount of $2600.00 was calculated;

5. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number 999999999999999;

6. Letter(s) sent to defendant by Midland Funding LLC, demonstrating an attempt to collect on the alleged debt, Account Numbers 999999999999999;

7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers  999999999999999;

9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;
10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).

11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;

13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers 999999999999999;

 

 

My name
By: _______________________________
ME, Defendant
 address & phone number 

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I have attached a 2008 Chase cardmember agreement with arbitration with AAA if you want to try that route.

 

They could argue that you have gone too far into the process and can't chose arbitration at this late date.  I am not sure how WA courts would rule on that.

 

If it was me, and I have had dealings with the clowns at DNG, I would motion to compel arbitration right away.

 

They could make the argument to the court that I stated above and the court could agree with them.  However, you would not really be any worse off as you would be back in court just like you are now.  I suspect that if you went the arbitration route they would offer you a much smaller settlement and that you could even negotiate that down to almost nothing.  They know that if it goes to arbitration it is going to cost quite a bit and since they only paid around $75 for you account it just isn't worth it.

 

 

 

Chase_2008_Cardmember_Agreement.pdf

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Well we haven't gone to court yet, as they submitted their first round of admissions and productions and when I type my case number into the case..nothing comes up.  So I'll file arbitration on Monday hopefully.  I was hesistant earlier as I saw that there was a sticky post saying arbitration isn't the best route.

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There are different views on arbitration.  My take is that in a case like this where the debt is small and is in the hands of a JDB like Midland I will elect arbitration.

 

They have so little money riding on outcome that it just does not make sense for them to spend thousands of dollars in arb fees and even if they win you can file BK and wipe the debt out.

 

Also the SOL in WA is 6 years but I think that in arbitration you can use Delaware's 3 year SOL.  Haven't had to try that yet so I can't say for sure but I don't expect you will get that far either.  Expect DNG to whine and cry and say you can't do that but don't let them talk you out of it.  The only one who can tell you no is the judge.

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So I was suppose to drop off the certificate of mail yesterday with my responses to the clowns at DNG but when I went to the post office it was closed.  The date on the certificate says May 30 to the court, do I need to change the one I sent into court to May 31?

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You should be able to just put a line thru the date and write the correct one in and then initial it.  I have received ones like that before.

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yea I did that for the one I sent them, but the one that the court has still says May 30. 

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So after I sent my first request for admissions, it came back and Daniel Gordon said they are diligently searching for the original card agreement.  When I requested all itemized statements showing how the account was up to 2500 they just sent some random statements they had..it was all out of order and said they sent the charge off statements?  When I asked for the bill of sale of the card agreement from Chase to Midland..I got a bill of sale with all the numbers any names etc crossed out in dark black ink?? Basically it is a Bill of Sale with no information on it besides a template.

 

My question is.. did they send it to me like that but the court has the one that isn't blackened out? Or is it some just poor attempt of theirs to show they have a bill of sale from Chase to Midland Funding? Thanks. 

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they sent it to you with all info redacted.  post it taking out your name and we will help you pick it apart

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Arbitration in Oregon is a joke.  Hearsay objections?  out the window.  rules of evidence? out the window. 

 

that being said focus on the sales agreement and hammer it home that if the arbitrator accepts that piece of crap as evidenct that they own anything then MF/DG   could use that blacked out piece of toilet paper to  "prove" anyone they wanted owed them money at anytime they wish...    Governor Kitzhaber, the arbitrator, bill clinton, anyone.   

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So an update, since my first request for productions, they haven't been able to produce the original contract (As far as I've read, they probably never will be able to), and they produced some bill of sale between Chase and Midland with all the lines black inked out (I will post it later in the evening).  

 

However, I have one issue that is making me nervous.  After these events took place and 30 days have lapsed since they haven't produced the original contract, they have been trying to contact me via phone(how they got my number I don't know), but some lady named christine leaves a message that simply says calling from DNG call me back.  They do this once a week.  

 

My question is, should I call them back?  Is it necessary? I don't want to talk to these losers and filth but at the same time I don't want them to have any leverage on me in court.  

 

Thanks

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Here is the Bill of sale they sent me.
 
NOTE: I did not blacken anything out.  This is how they sent it to the court.  I couldn't believe this when I saw it.  How is this legal??

scan0003.pdf

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http://www.consumerfinance.gov/credit-cards/agreements/search/?q=chase

See your borrowing statute if this applies to your case.

This agreement and your account will be governed by federal law, as well as the law of Delaware, and will apply no matter where you live or use this account

Delaware has a 3 year statute of limitations

Del. Code Ann. tit. 10, § 8101 et seq

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http://www.consumerfinance.gov/credit-cards/agreements/search/?q=chase

See your borrowing statute if this applies to your case.

This agreement and your account will be governed by federal law, as well as the law of Delaware, and will apply no matter where you live or use this account

Delaware has a 3 year statute of limitations

Del. Code Ann. tit. 10, § 8101 et seq

@racecar,  

 

I don't see the card in there since it was an old WAMU account.  They've sent all their motions and want to see me in court on July 29 and I have no idea what to do. I've already sent my first discovery in which they never sent the original contract, and sent a blacked out mass account bill of sale.  I'm sending my counter affadavit on Monday and what else to do?  Can someone please take a look at the bill of sale I attached so I can counter it.  Thanks.

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Call them back. More then likely they will give you the opportunity to turn down their settlement offer. The other possibility is that DNGPC is calling you as part of the requirement to confer prior to making a motion. They have already sued you - nothing worse can happen until the laughable arbitration scam. (Dress Rehearsal) Get all your documents in order for the trial de novo which places us in the position everyone else on this forum starts with - a real Court with a real Judge. 

 

HP

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Thanks Huey, 

 

You always provide great templates.  I am going to create a draft here and attach it tonight.  

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