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Midland Funding lawsuit Alabama - what to do?


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I would only recommend hiring a lawyer if there are violations. Lawyers can take their pay out of whatever violation money you win and you can stipulate that.

 

Otherwise, all of the resources you need to fight this yourself and win are right here. You said Midland has offered no evidence. Think they would send it if they had it? Damn right.

 

They may be able to get more but they ain't gonna work too hard for $1600. Bad business decision. Both of mine were a combined $14000 and they dropped both as soon as I took the offensive. Show some fight and you can beat this on your own.

 

Just my opinion.

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Flyerfan,

thanks for the support. I am not afraid to do this on my own, but i'm just worried about the policy and procedure part for the court.

I am not sure about the "account stated" part. it appears that all they have to do is say "here is a name and an account number" and "there is the defendant, gimme some money" and stating that they tried to contact us (which they haven't) and since we didn't dispute what we never got, then we automatically admit the validity of the account, and the judge would "rubber stamp" and let it go.

that's my one real concern.

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Ok,

so here is an interesting tidbit of information. I just paid for the wife's credit report and according to Equifax the "midland" account as opened 2/1/2011 but the date of last activity is 12/1/06? I'm no expert, I do believe time travel is not yet possible.

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Ok,

so here is an interesting tidbit of information. I just paid for the wife's credit report and according to Equifax the "midland" account as opened 2/1/2011 but the date of last activity is 12/1/06? I'm no expert, I do believe time travel is not yet possible.

 

Haha. Midland bought the account on 2/1/2011 but the last activity on the account (from your end, card use) they claim is 12/1/06.

 

What's your SOL? 3 years? Bingo. Violation.

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Flyerfan,

thanks, if I could, is there a reference or a recommendation of how I would proceed, once we show up in the court room?

I read that one guy basically followed the silence is golden rule.

but, I am used to speak only when spoken to, (from my military days)

I have been trying to get an idea of what may happen, but I'm cloudy on the whole thing.

I would guess that it will have to be a "play it by ear" thing. but I am not sure.

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My suggestion, if it were me, would be to file a counterclaim for suing on a time barred debt. I believe that's a grand in your pocket. Once the plaintiff sees that they are being counter-sued you will certainly get their attention. Submit a copy of your credit report with the counterclaim. At that point it will be up to them to prove there was account activity within the SOL.

 

If they can't come up with any (and I'm guessing they won't) they will most likely file a stipulated dismissal with prejudice. What that means is they drop their suit on you if you drop the counterclaim. Then you have a decision to make:

 

1)  You are glad this is over, sign the stipulated dismissal and you never deal with this again (blue pill)

 

2)  You stick with your counterclaim, prepare for a battle, file a motion to dismiss (on your terms, not theirs) and follow through with your counterclaim (red pill).

 

Neither one is right or wrong. It depends on how much you want to put into this, how "involved" you want to get with the JDB plague, how much you need/want a grand and how much you are wiling to gamble they don't have, can get or will "manufacture" something some evidence that puts this debt within the SOL.

 

JMO

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Flyerfan,

it's only been a couple months, and I have been on the road. I just found this site a couple days ago. Sorry. No discovery has been done. 

 

Linda7,

from what I have read, credit cards are 3 years in Al. However, they are claiming "account stated" which would theoretically be 6 years.

 

However, the date opened shows 2011 and the last activity date on the account shows 2006. 

 

remember, this account does not have a complete number only 14 of 16 digits, we have never been contacted, and neither of us remembers and kind of credit card from citibank, especially since I don't allow credit cards.

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Flyerfan,

it's only been a couple months, and I have been on the road. I just found this site a couple days ago. Sorry. No discovery has been done. 

 

Linda7,

from what I have read, credit cards are 3 years in Al. However, they are claiming "account stated" which would theoretically be 6 years.

 

However, the date opened shows 2011 and the last activity date on the account shows 2006. 

 

remember, this account does not have a complete number only 14 of 16 digits, we have never been contacted, and neither of us remembers and kind of credit card from citibank, especially since I don't allow credit cards.

 

Have you looked at all 3 credit reports?  If not, you need to get them and see what they say to compare.

 

I know how you feel about the 3 year for Alabama, but I remember distinctly a case where the judge still ruled it was 6 years.  The consumer had them but good on other issues too, but the judge let the creditor "change" things to fix things up and of course the consumer lost.  I would have appealed, but the consumer ended up settling with them.

 

Here are some of the threads - http://www.creditinfocenter.com/community/topic/303514-sigh-they-filed-motion-for-summary-judgement/?hl=opposition

 

http://www.creditinfocenter.com/community/topic/303581-feedback-needed-on-opposition-to-motion-summary-judgement/?hl=opposition#entry1072655

 

http://www.creditinfocenter.com/community/topic/303606-please-critique-opposition-to-summary-judgment/?hl=opposition

 

I thought there might be some things, case law, etc., that might be of some help in your case.

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Linda7,

I do have all three credit reports. 

Equifax says "Midland credit managment" 

TransUnion says "Midland fund"

Experian doesn't show it.

The only one that shows details is Equifax and they show Date Opened: 02/01/2011 Last Activity:12/01/2006 

 

It appears that someone here is capable of time travel. :-)

 

thanks.

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Linda7,

also, the only thing that has been (as yet) submitted to the clerk by the plaintiff is a summons, stating breach of contract, money had and served and account stated.

there is NO other information provided. No documents showing dates, signatures, no billing statements, nothing.

I just don't see how they can be expecting anything other than a default judgement and they don't seem to be prepared for anything more.

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Linda7,

I do have all three credit reports. 

Equifax says "Midland credit managment" 

TransUnion says "Midland fund"

Experian doesn't show it.

The only one that shows details is Equifax and they show Date Opened: 02/01/2011 Last Activity:12/01/2006 

 

It appears that someone here is capable of time travel. :-)

 

thanks.

That could mean the date Midland "opened" the account after the default with the original creditor in 2006.

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LInda7,

the link you gave me for "Please critique Opposition to Summary Judgment" is almost identical to what I need. Is there any way I can re-write that to fit the wife's case?

Have they filed for summary judgment?  Or were you just needing the information in it to use to defend? 

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Flyerfan,

you are correct, they didn't file until 4/42013.

 

Linda7, 

I just re-read the summons and I don't actually see the words "summary judgement", they seem to just be asking for a "judgement" in their favor.

 

I don't have time to do right now but I think that in the best interest of everyone in the world, I will violate my own (never put it on the web) rule and place an edited copy of most of the information contained in the summons.

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