Jenniferinneed

Midland funding dismissed lawsuit and THEN !

Recommended Posts

I fought Midland funding for over 2 years on a lawsuit they filed against me for a  debt they said was mine.

Over 2 years of motions and all the BULL, them not showing up for hearings they scheduled all kinds of things.

Mid April just before pre trial hearings they dismissed the lawsuit without prejudice. I realize that leaves them open to do whatever they want.

Their original claim was that they were successor to a credit card that was supposedly mine....DESPITE the evidence they sent in discovery was a different GENDER then me, totally different name obviously or address!

They even sent some false affidavit which I objected to and so much more..........

Then when I fought them on all this, they SENT something with MY NAME and ADDRESS, with all these account numbers blacked out with a MARKER ( if that were ME WHY mark out all account numbers with black magic marker? ) Somehow they got my address, because even 1rst court notice had my correct address, but the later in discovery when I fought this the evidence they sent was the diferent person and gender, totally different address and County very far from me obviously, and THEN later got something with all the account numbers marked out, only thing relevant was my name and address! 

This debt was supposedly over 8K I THINK, and so towards mid April after all this crap they dismissed the lawsuit with prejudice ................

NOW Midland CREDIT management just sent me  ( June, today's date ) a collection notice for over 12K ( this is obviously the same false fraufulent thing as before but a bigger amount! )

Midland funding and midland credit are one in the same right?

What are they trying to pull now, in any case, if the DEBT had been valid or MINE the Statute of limitations has tolled, they said this bogus debt was from late 2008. The Statue in Florida is 4 years right, they dismissed without prejudice, am I going to go through all this AGAIN...............I have 3 hairs left on my head from this last 2 year ordeal already.....

I want this whole thing off my Credit report too, they are such a scam, what can I do please help me.

 

Link to post
Share on other sites

@Jenniferinneed

 

If I'm not mistaken, since Midland is the one who dismissed, the SOL has not been tolled.  It's as if the case was never filed.  FL's SOL is either 4 or 5 years.  I'm not sure it's very clear. 

 

In any case, if you can show that this was not your account, I'd speak to an attorney.  In my opinion, you have some FDCPA violations.  Also, you might be able to add on damages for stress, etc.

 

Midland Credit Management is the collection arm of Midland Funding.  If the account is yours, they can still attempt to collect.  However, if it's outside the SOL, you can nail them if they try to sue.

 

Check out http://www.naca.net to see if there's a NACA attorney in your area.

  • Like 1
Link to post
Share on other sites

@Jenniferinneed

 

If I'm not mistaken, since Midland is the one who dismissed, the SOL has not been tolled.  It's as if the case was never filed.  FL's SOL is either 4 or 5 years.  I'm not sure it's very clear. 

 

In any case, if you can show that this was not your account, I'd speak to an attorney.  In my opinion, you have some FDCPA violations.  Also, you might be able to add on damages for stress, etc.

 

Midland Credit Management is the collection arm of Midland Funding.  If the account is yours, they can still attempt to collect.  However, if it's outside the SOL, you can nail them if they try to sue.

 

Check out http://www.naca.net to see if there's a NACA attorney in your area.

How would I go about proving the account is not mine? The first set of discovery request was some documents in a name that is not mine, nor my address, and all together a different gender.

Almost another year into the battle, when this was clearly pointed out to them, they sent a new stack of papers, all having my name and address, but the account numbers all blacked out in marker, have they tried this with anyone else? To me, that seems the most fraudulent of all. Thank you for your interest and help!

Link to post
Share on other sites

@Jenniferinneed

 

There's no telling what was going on in during the trial.  The JDB attorneys handle so many cases at one time, there's no way they can keep everything straight in every case. 

 

It appears that now they're trying to at least get your name and address correct.  However, I'd still see a consumer attorney.  If you have FDCPA violations against Midland, those violations could make this all go away.

Link to post
Share on other sites

How would I go about proving the account is not mine? The first set of discovery request was some documents in a name that is not mine, nor my address, and all together a different gender.

 

After you deny the account is yours, the burden of proof shifts to the CA to show that it is in fact yours and that they have standing; i.e. that they are entitled to collect it.

There are several documents you need to request during discovery, like a bill of particulars and many motions to handle discovery and your case in general, but ...

 

As BV80 suggested, try to get a NACA attorney. Sometimes they can take your case on a contingency basis, especially when there are FDCPA violations because if you countersue and prevail you can recover attorney's fees. It could put a stop to this time consuming and pointless battle and give you peace of mind. Shop around for NACA attorneys. Many of them are excellent, although there are a few exceptions.

Link to post
Share on other sites

First you said they dismissed without prejudice and then you said with prejudice.   Which one is it? 

Without, the 2nd statement was in error. As for the SOL if the account was mine, the SOL is 4 years I believe, the account they are trying to attach as mine states the default occurred in later 2008? They dismissed the lawsuit 4-13, wouldn't a JDB be out of the SOL to file suit again given they must file suit within that 4 year SOL?

It is so confusing, my biggest issue now is the paper work with all the account numbers blacked out with magic marker ( black ) has anyone EVER received discovery with all account #'2 blacked out? what would be the purpose in doing that. If one requested discovery as proof to verify an original debt, how could the party being sued be verified with account numbers blacked out, is that not fraudulent discovery in some way?

I could type anyones name and address on some offical looking document and pass it off as anyones, if that would pass the sniff test.

Link to post
Share on other sites

Flordia law the sol is 4 years on a oral contract. It is 5 years on a written contract. Cc companies try to get away with the 5 years by stating it is a written contract. (Even though they never produce a traditional contract) they say every time you signed a charge slip, that is a new written contract. Arkansas is the same way. So you make them prove it by producing the charge slips. They say by use of the card, but someone here fought that by making them produce the signed charge slips, and when they could not, judge ruled it as an open book, oral, express, implied, which fell under the shorter sol.

Link to post
Share on other sites

Simple answer, sue them in federal district court.  More than likely, Balch Bingham in Birmingham, Alabama will get it or Burr Foreman in the same will get it.  They'll probably call you up and ask what you want.  State a Release wherein Midland goes away forever and they will agree.

 

You have to get away from debt collection law firms.  They are unreasonable (most are) because they get paid on what they collect and some have quota's.

  • Like 3
Link to post
Share on other sites
Guest
This topic is now closed to further replies.