hallie85 Posted June 26, 2013 Report Share Posted June 26, 2013 * Also being sued by Midland Funding LLC, in Michigan.Hello to all here. Really appreciate this forum and all contributors here. Have been reading a few (Midland Funding LLC) related threads the last few months, but unfortunately have let things slide over the same last few months. Nevertheless, finally joined, but now we've fallen way behind with our case. Don't know if we've waited too long to be able to aggressively fight and defend against it now, or not, but I'd like very much to find out if there's anything we can still do. Thanks in advance to any help offered.A big THANK YOU !! to shellieh98 and to admin, for their kind forwarding of RFD sample forms a few weeks ago, and for shelleih98's considerate and thoughtful advise. Just hope I (we) didn't drop the ball too many times and that its not now too late to do something.We (my wife) had a Pre-trial Conference in mid May; (btw, the Judge asked her and the plaintiff's attorney to step back into his chambers, since there were no other cases that day, and then the Judge and the plaintiff's attorney proceeeded to do a tag-team gang-up on my wife, with the Judge saying things like: (paraphrased) "Just tell me, is this debt yours or not? I've always known exactly how much my credit card debts were. Is this your debt or isn't it?!" . . . (my wife just kept repeating that she had no recollection of the debt) . . . then the Judge said: "Sounds to me like your just trying to stall."Hence, we probably should've filed a Motion for Disqualification of Judge....(but the 14 day period for doing so has unfortunately expired, per: MCR 2.003 Disqualification of Judge; C1(a) Grounds & D1(a) Procedure).Since then, for reasons unknown, we've procrastinated and let this thing slide right through the 30-day Discovery period (which ended 10 days ago). The plaintiff's attorney sent us nothing during that period. Nor did we ever get our intended Request for Discovery sent to them. Now, I've got 3 hours left to file a motion, apparently. Is there any motion I should file? A MTD (Motion to Dismiss) perhaps? Or, any other motions?====================================================(BELOW) PER PINNED THREAD: "Q's to answer when posting in this forum - please read!" . . .1. Who is the named plaintiff in the suit?- Midland Funding LLC Assignee of Target National Bank, C/O Plaintiff's Attorney2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)- Michael R. Stillman (P42765)3. How much are you being sued for?- (wife's cc debt): $4,000+4. Who is the original creditor? (if not the Plaintiff)- Target National Bank (TNB)5. How do you know you are being sued? (You were served, right?)- Served Summons and Complaint by process server.6. How were you served? (Mail, In person, Notice on door)- in person7. Was the service legal as required by your state?- yes8. What was your correspondence (if any) with the people suing you before you think you were being sued?- (wife's cc debt): she spoke a few times by phone with someone fron TNB9. What state and county do you live in?- Michigan, Kent County10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)- (wife's cc debt): I think it was the Fall of 200911. What is the SOL on the debt? To find out:- 6 yrs.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).- 'Pending'; Civil Pretrial Conference Hearing Held; schedule non jury;- discovery open for 30 days to complete; ........ (this period expired 10 days ago)- may file motion within the discovery period, and 10 days after discovery completed; ........ (have until 4:45 ET, today, to file any motion?)- trial brief must be filed 10 days prior to trial date; and not before - or Contempt of Court will be rendered by Judge ......(does this also mean and not after 10 days?)- Non-Jury Trial set for mid August; set to last 1/2 day.13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)- no14. 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.- no15. 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 #1216. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.- Affidavit by 'Legal Specialist' for Midland Credit Management, Inc. ("MCM") ....... (not signed & notorized within the required 10 days of the issuance of the Summons and Complaint !!)Then, a few weeks before Pre-trial, plaintiff's attorney followed that up by mailing what they called a letter and packet of 'debt verification' documents', including:- Data printed by Midland Credit Management, Inc. from electronic records provided by Target National Bank and Target with the sale of accounts from Target National Bank and Target Receivables LLC to Midland Funding LLC.- A copy of the last Target Visa credit card statement, showing a $4,000.+ balance.- Asset Sale Agreement / Attachment 2 / Bill of Sale .....(looks phony; i.e.- there's a suspicious chicken-scratch of a signature by a - Target VP of Financial and Retail Services - yet it's not legible and he isn't even named! Also, there's Appendix 1' referenced, but no such document included).- Asset Sale Agreement / Attachment 1 / Closing Statement .....(redacted document showing Midlands' Closing Date; Cut-Off Date; Number of Accounts; Purchase Price Percentage; Aggregate Account Balances; Purchase Price.====================================================So, we're now wondering if it's too late to file a MTD (Motion to Dismiss)? Or, if there's any point in doing so? Or in filing any motions? . . . or what? Thanks for any and all help offered !hallie85PS— and after all that.....now I can't seem to find a sample MTD (Motion to Dismiss) form ! Any suggestions? Link to comment Share on other sites More sharing options...
admin Posted June 26, 2013 Report Share Posted June 26, 2013 http://www.masslegalhelp.org/consumer/forms/motion-to-dismiss.pdf Pretty good sample form. Link to comment Share on other sites More sharing options...
hallie85 Posted June 26, 2013 Author Report Share Posted June 26, 2013 Thanks so much to you, admin! Now, if I could just stay with this and not wait until the last minute before starting to ask questions here, I might actually have enought time to submit something. Have now.....Missed 3-day Discovery periodMissed 10-day period to file Motions (ends in 1 hour) .... yet, still have 7 weeks before trial date. Any suggestions on what to do next? Can Motions still be filed after a "10-day period to file Motions" has expired, as it is about to do today? Link to comment Share on other sites More sharing options...
hallie85 Posted July 10, 2013 Author Report Share Posted July 10, 2013 We don't know what we did to cause this, except pray a lot . . . .but Midland Funding just mailed this to us: "Please be advised that my client has reviewed your file and has instructed my office to dismiss the case against you without prejudice and without costs to either party. Please find the enclosed Stipulation and Order to Dismiss. Please sign and send back to my attention. If you have any questions, please feel free to contact our office." Sincerely,XXXXXXXX Law Office They also attached the Michigan Judicial District Court 'Dismissal' official form - for us to sign and send back to them. We've been sitting on it for a week. So, does this kind of development sound legit, two weeks after a 30-Discovery period (in which neither the plaintiff or we requested any discovery), and just after a 10-Day period for motions had expired (in which neither the plaintiff or we filed any motions)? Could this be some kind of trick? Or does this sound like a straight-up procedure that (for reasons unknown) thier 'client' (Midland) decided to execute? And if so ......we're wondering why? Thanks for any replies Link to comment Share on other sites More sharing options...
shellieh98 Posted July 10, 2013 Report Share Posted July 10, 2013 it means they wanted a default judgement and didn't want to fight. Congrats! BUT they can refile, if they do, lets do the homework next time. Maybe you will be out of the SOL soon. Congrats! Link to comment Share on other sites More sharing options...
Savoir Posted July 10, 2013 Report Share Posted July 10, 2013 Midland files a LOT of cases ........ apparently you slipped through the cracks.They did the same thing to me ..... sort of ........ filed a case with the court but never served. I've never heard from them again. I don't know why you didn't take action right out of the gate ...... but you got a reprieve ....... this time ......... don't let it happen again. Link to comment Share on other sites More sharing options...
hallie85 Posted July 10, 2013 Author Report Share Posted July 10, 2013 Hi shellieh98 ! Thanks for your response! Roger that on the homework! I'll try to stay up to speed next time. Trying to remember what 'SOL' means ..... and all I can think of right now is, you know, 'sh*t out of luck' What does SOL in legalize mean again? Link to comment Share on other sites More sharing options...
hallie85 Posted July 10, 2013 Author Report Share Posted July 10, 2013 Midland files a LOT of cases ........ apparently you slipped through the cracks.They did the same thing to me ..... sort of ........ filed a case with the court but never served. I've never heard from them again. I don't know why you didn't take action right out of the gate ...... but you got a reprieve ....... this time ......... don't let it happen again. Will do, Savior, will definitely do, next time. At the 'Pre-trial Hearing' my wife did have a 2~3 page (bullet point) brief in hand (that I had typed-up), in which she did partly read to the Judge (with plaintiffs attorney present, back in the Judges chambers, whilst trying not to give-away too much of our semi-planned trial arguments), her preliminary arguements and defenses. We're wondering if that showed the Midland attorney our probable intention to fight it out . . . or maybe they just forgot to request discovery and file their Motions in our case, a few weeks back, and thus decided to give it up? So, do you, Savior, (and you, shellieh98) think the Midland 'Stipulation and Order to Dismiss w/o prejudice' ....sounds legit? And we'd probably be safe in signing and sending back to them then? Link to comment Share on other sites More sharing options...
Savoir Posted July 10, 2013 Report Share Posted July 10, 2013 SOL = Statute of Limitations Will do, Savior, will definitely do, next time. At the 'Pre-trial Hearing' my wife did have a 2~3 page (bullet point) brief in hand (that I had typed-up), in which she did partly read to the Judge (with plaintiffs attorney present, back in the Judges chambers, whilst trying not to give-away too much of our semi-planned trial arguments), her preliminary arguements and defenses. We're wondering if that showed the Midland attorney our probable intention to fight it out . . . or maybe they just forgot to request discovery and file their Motions in our case, a few weeks back, and thus decided to give it up? So, do you, Savior, (and you, shellieh98) think the Midland 'Stipulation and Order to Dismiss w/o prejudice' ....sounds legit? And we'd probably be safe in signing and sending back to them then? That could have done the trick ........... Midland is out for default judgments .............. period. Link to comment Share on other sites More sharing options...
Savoir Posted July 10, 2013 Report Share Posted July 10, 2013 So, do you, Savior, (and you, shellieh98) think the Midland 'Stipulation and Order to Dismiss w/o prejudice' ....sounds legit? And we'd probably be safe in signing and sending back to them then? As long as the stipulations are satisfactory to you ................. or you could counter with your own stipulations (with prejudice, no resale, tradeline removed ... etc.) Link to comment Share on other sites More sharing options...
hallie85 Posted July 10, 2013 Author Report Share Posted July 10, 2013 As long as the stipulations are satisfactory to you ................. or you could counter with your own stipulations (with prejudice, no resale, tradeline removed ... etc.) Oh, okay then. Thanks very much for that info. I'll look it over again, visit the District Court Clerks' office (oh boy! ... )...and be back tomorrow evening with any further questions. What does 'tradeline removed' refer to, if I may show my blatant ignorance by asking? Link to comment Share on other sites More sharing options...
shellieh98 Posted July 10, 2013 Report Share Posted July 10, 2013 tradeline off your credit reports. Link to comment Share on other sites More sharing options...
hallie85 Posted July 10, 2013 Author Report Share Posted July 10, 2013 tradeline off your credit reports. Right. Thanks again, for that. Wow, someday I just hope I can help you with something. Link to comment Share on other sites More sharing options...
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