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New member being sued in SC by Midland Funding/Korn Law

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I would deny #6. 



Instead of including a certificate of service, you could include a "Certificate of Mailing".  It just states the way in which you sent your answer to the plaintiff.   It has a court header just like the complaint.  Instead of being titled, "Complaint", it would be titled "Certificate of Mailing".  You can follow the format of the plaintiff's documents.


In it, you might state something like:


I, Cajunshredder, the Defendant, do hereby certify that a copy of my Answer to the Complaint of the Plaintiff, Midland Funding, was sent by Certified Mail to Counsel for the Plaintiff on ______________(date).


Defendant's Answer was mailed to:


Here you'd include the name and address of the attorney.   Then include "Respectfully submitted", and sign your name.  Under your signature, type your name and address,  Be sure to sign it.  Also, be sure to mail it on the date you stated in your certificate.


Notice that on their documents, the attorney includes his name, address, and signature on one side of the page, and the current date on the other side of the page.  You can follow that format, if you choose.


Make 2 copies.  File the original with the court.  If you choose, the clerk can stamp the 2 copies to show the file date.  Send one of the copies to the attorney, and keep the other for yourself.


When I was sued, I sent all responses (answer, responses to discovery) by certified mail, return receipt requested (CMRRR).   You'll need to fill out 2 things:  A certified mail receipt and a green card.  The postal worker will stamp the receipt and give it back to you.  It contains a tracking number that you can use online to find out the status of the delivery.  KEEP IT.


The green card is the return receipt.  When your mail arrives at the attorney's office, someone in the office will have to sign it.  That card will be mailed back to you.  Be sure to keep it, as well.

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  • 1 month later...

Ok, so I just received the Plaintiffs first set of interrogatories to defendant, plaintiffs first requests for production to defendant, and plaintiffs requests for admissions to defendant. I have 30 days to respond. Here is my initial question. As I stated before, I was 99% sure that I had not made a payment within the SOL as they claimed. And in my answer, I used SOL as an affirmative defense. In this huge stack of papers they sent me, "Exhibit A" are copies of statements from Chase showing details of account, payments made ect. However, as I thought, none of them are showing a payment within the SOL like I thought. They latest statement is 2009. 


Are they not themselves proving that the account is outside the SOL? Im a little confused why they would do this.  



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Because they have made an error, and are hoping you won't notice. Did you file a cross complaint?

Answer their discovery, and send out some of your own. I am not a big fan of Rogs, but in your case I would be inclined to ask them how they claim the date of last payment in 2010 when account was charged off in 2009, and their own reporting records show 2008 as the last payment. Who was the payment made to, and a copy of the check or money order that was used.

If you didn't file a cross claim, I would either try to amend my answer to include one, or find a consumer attorney to file one for me separate.

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A suit against them. They are in violation of the fdcpa for filing suit on you for a time barred debt. You could amend your answer to include the cross claim @BV80 would know more about that since sh is familiar with your rules, or you could find a consumer attorney who may take it on as a separate case OR he/ she may be willing to take your current case for you, and they would do the work. I believe BV80 told you how to get in touch with one, I would pursue it.

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Here's my first suggestion.  Contact the lawyer referral service at the SC Bar Association.  Tell them you need a consumer attorney in your area.  They'll give the name of an attorney.   Because you got the attorney's name from the service, he'll give you a consultation at a reduced fee.   For instance, he may charge you $75 for a half-hour consultation.  Some attorneys will even do the consultation over the phone. 


Just ask if you can file a motion to dismiss in lieu of an answer.  The attorney would tell you exactly what to do..

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  • 2 weeks later...

Ok, here are the First Set of Interrogatories, First Request for Production, and First Request for Admissions. I have 30 days to respond. The date on the documents is Oct 7th however I didn't receive them until some days after. Problem is I threw away the envelope and am not positive what day they actually came as I was out of town. The documents came via US mail. 


Please help with answering this stuff. I can't afford a lawyer and am trying to do this myself. Any help is GREATLY appreciated. I only included here the actual requests. Along with these were pages and pages of "definitions and instructions". And as I said above, a bunch of copies of old statements from the account (all of which are out of the SOL). And also a Certificate of Mailing. 












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For the interrogatories, I'd simply respond with "none at this time".


Doc. Requests:

1.  Depends

#'s 2, 3, & 4:  None

5.  Objection.  Plaintiff's request is overly burdensome and not likely to lead to the discovery of relevant information.


In #1, they're asking for all records, documentation, etc. that relates to the transaction at issue.  You could object as in #5, or you could provide copies of all of your bank statements.  It's up to you. 


Admissions:  If the account is yours, you don't want to lie and deny that you didn't open the account.  So, for 1 -5, you could possibly state:


After a reasonable inquiry, Defendant has insufficient information to admit or deny and, therefore, denies.


I would deny #6 and #7.


I would also contact a consumer attorney about an FDCPA crosscomplaint.  You have a case against Midland and, possibly, the law firm.  They might try to make a deal and say, "We'll drop our case if you drop yours."   No deal.  The debt is outside the SOL, so you don't have to pay them a penny.  BUT, they have violated the FDCPA.  They owe you.

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Yea!  Good for you!  I'm so glad you got an attorney.


I was going to tell you to send your own document requests and interrogatories.   In the interrogatories, you would have requested the date of last payment.  In the doc requests, you would have requested more credit card statements along with the statement that shows that last payment.


After receiving their responses, you could have sent admission requests based upon their responses.  For instance, "Admit Plaintiff has no document from Chase Bank that shows the date of last payment claimed by Plaintiff:"


BUT, since you have an attorney, he'll handle any requests that he feels need to be made.


If they can't prove the date of last payment that they claim was made, you might be able to add that to the FDCPA violations.  Ask your attorney.

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  • 2 weeks later...
  • 5 months later...



Was informed by my attorney that we had required mediation and I could attended via conference call. Long story short, after I gave my attorney my bank statements clearly showing that there was not a payment made within the SOL, my attorney basically told their attorney that if they pursue we are going to sue them for suing me outside the SOL and they need to not file a 1099 for me.  They had no evidence whatsoever. Just the usual bogus documents and affidavits with blacked out areas ect. A week went by and midlands attorney emailed mine and said that they were not sure if they could not file a 1099 but were willing to dismiss with prejudice and offer me $100 to cover possible tax liabilities from a 1099. Hilarious. These people are truly dirt bags with zero morals. And they can be beaten. They were trying to sue me for over 8K. 

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If it were me, I'd tell the attorney to sue them.  They violated the FDCPA when they filed suit and should be held accountable.   Since the law firm and JDB are both debt collectors, it's possible that both would held accountable for the violation, in which case you'd get twice the statutory damages.

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