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Sued by Midland in Texas, trial date set, admissions/disclosures responded, next course of action?

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Hi everyone!


First, I just wanted to say how professional and informative this site is. It's very nice to see how the community here is ready and willing to help! I just wanted to get any recommendations(no advice :)) on what to do next. But first, here is the situation for everyone to be brought up to speed:


1. Who is the named plaintiff in the suit? Midland Credit Management

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) K.B., B.S., and K.G., attorneys for Midland Funding LLC

3. How much are you being sued for? $3k

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

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

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

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? None (never answered phone)

9. What state and county do you live in? Williamson County, Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/12/2009 (SOL 3/12/2013?)

11. What is the SOL on the debt? To find out: TX 4 years

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). Bench Trial set - June 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?  Currently in Discovery

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


Evidence sent as follows:


Affidavit of K.H., employed as legal specialist w/ access to pertinent account recoords for Midland Credit Management stating she maintained and serviced my account. Only the last 4 digits of alleged account appear on the affidavit along with amount owed. MCM acquired and incorporated attached account records into its permanent business records as a result of plaintiff's purchase of account.


Bill of Sale -  closing date 5/17/2011 - redacted bill of sale from Chase Bank to Midland Funding LLC. Looks to be a bundle of accounts as any pertinent information has been blacked out. Attached is a data sheet with my name, address, phone number, charge off balance, but only last 4 digits of Chase account number and last 4 digits of SSN.


Affidavit of Sale of Account by Original Creditor:  C.H. is authorized by Chase Bank to execute this affidavit and is aware of the process of the sale and assignment of electronically stored business recordds. On or about 5/11/2011 Chase Bank USA sold a pool of charged off accounts to Midland Funding under a Purchase and Sale Agreement and a Bill of Sale between Buyer and Chase. Says electronic records and other records on individual accounts included in the Accounts were transferred to Buyer. My specific account was not listed.


Certificate of Conformity:  verifying affidavit listed immediately above?


Redacted Card Statements: Beginning date of 5/13/2008 and ending on 10/18/2009. My account number is blacked out except for the last 4 digits.


My original answer was grounds for dismissal for lack of standing. So far, I have been sent requests for admissions and disclosures and have responded in timely fashion. I have generally denied everything. I have just received these card statements and affidavits today. The bench trial is set for June 17. I have not sent any requests for discovery as of yet. What else would I ask for as they have already sent me everything listed above?


Thank you all for your time!


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I would ask for a copy of your credit card contract.


Midland seems to have a lot of docs. It's interesting how they chose not to include your application and a copy of your contract.  They are suing for breach of contract without showing the alleged contract.


Your contract most likely contains a choice of law provision, which usually involves laws from bank friendly states like DE or VA, which also happen to have shorter SOL. It's a long shot but you can still raise your affirmative defense based on your contract's choice of law state's SOL.


Your credit card contract also contains an arbitration provision. You can also file a motion to compel arbitration, it's within your rights but it's probably not in your best interest in this case because of the amount of documentation they have and because arbitrators usually rule in favor of JDBs and creditors and you'll end up having to pay extra attorney fees.

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Affidavit of KH is just testifying about midland records.

The problem midland will have is with the documents they are trying to get admitted into evidence are not documents created by Midland Funding so they would have to have a witness from Chase to authenticate the documents.

see the texas rules of evidence.








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