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Being Sued in VA by Midland Funding (Just had Return Date)


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1. Who is the named plaintiff in the suit?
Midland Law
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Dominion Law Asscoiates

3. How much are you being sued for?

A few dollars over 5000

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

Wamu/Chase bank listed as Chase

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

Got warrant in debt in the mail, ended up picking up acutal summons at sheriffs

6. How were you served? (Mail, In person, Notice on door)
By sheriff at the cop shop

7. Was the service legal as required by your state?
 

Yes for sure

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 

I had been out of this residence for a while but upon checking mail for about a year they had sent random notices asking for payment.

9. What state and county do you live in?

Henrico county VA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

 

They list as Oct 2010, credit report agrees.

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

3 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).

 

Served today, must appear in front of the Judge on 9/13 to either admit debt or ask for trial.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Not yet literally just started my credit repair journey last week.

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?

Must appear in court on 9/13. In VA, you appear before a judge and are questioned if its your debt. If you admit to it or say its mine but the judge will rule against you. In my previous case about 3 years ago (total different debt) I said very little other than I don't regonize this debt and want a trial. I got one.

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

I am attaching the files which were attached to this case. Also keep in mind, there was a single statement which I believe was the last statement from Chase also included but saw no reason to actually upload that.

 

I have whited out any personal information of mine so if you see a big space of white that is why.

 

The first two uploads below are the affidavit that Midland sent along. The second one is a records form which I'm not 100% sure what they are trying to prove with it other than the fact they think that is the amount owed.

17UPDATED.pdf

IMAGE18.pdf

19UPDATED.pdf

 

Any help at all will be apperciated. I've had one case before with this kind of thing before but it was 3 years ago so I'm very rusty.

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The documents are typical JDB documents.  The claims made in the affidavit are made by Midland employee.  It doesn't appear they've provided anything to prove they bought any account allegedly owed by you.  There's only the claim in the complaint and the claim from the Midland employee that they bought an account.

 

The summary of the account proves nothing.  There's no documentation from the OC that supports the amount claimed.

 

Right now, you need to follow your court rules.  If you have to provide a written answer to the complaint, do so. 

 

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

 

They list as Oct 2010, credit report agrees.

 

 

I would not go by my credit report.  Get copies of your bank statements to see if a payment was made in Oct. 2010.  I'd get copies of my Sept, Oct., and Nov. statements.

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Thank you for your thoughts.  My next question goes to you or anyone else who would care to speculate on this. Clearly, with the complaint I was attached no bill of sale what so ever. Just the affavidit of the woman from the JDB buyer saying they bought the debt (not even a general time frame literally just the idea they bought the debt). So my question is do you think there is a bill of sale hanging out there they are going to provide later for evidence? I'm certainly no expert in this but it would seem to be if they had one they would have filed it with the complaint for more proof?

 

The documents are typical JDB documents.  The claims made in the affidavit are made by Midland employee.  It doesn't appear they've provided anything to prove they bought any account allegedly owed by you.  There's only the claim in the complaint and the claim from the Midland employee that they bought an account.

 

The summary of the account proves nothing.  There's no documentation from the OC that supports the amount claimed.

 

Right now, you need to follow your court rules.  If you have to provide a written answer to the complaint, do so. 

 

 

I would not go by my credit report.  Get copies of your bank statements to see if a payment was made in Oct. 2010.  I'd get copies of my Sept, Oct., and Nov. statements.

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They probably have a bill of sale, but it will not have any reference to you personally, it will be for a pool of accounts, and usually have a disclaimer on it that there are no guarantees except those outlined in the purchase agreement.  They will NOT give you a copy of the purchase agreement.

 

In her affidavit she claims knowledge of "the records"  Just because they attached something that they themselves made up and printed out does not make those records legit, and how do you know what "records" she is trying to reference? 

 

You will answer the complaint, then you can move to ask for discovery.  What are the charges listed on the complaint?  That may affect what you ask for in discovery.

 

Also the thing about chase is, there is a letter to the SEC out there where linda almonte states the record keeping practices of chase on charged off debt were incorrect.  She states how some people that had settled or paid the debt were still sold, not credited, a host of things.  Once it goes to their collections dept. they no longer keep accurate records.  That may help you later in your case, especially if they need to prove the accuracy of the account.

 

They are going to need a bill of sale, an affidavit from the original creditor stating the accounts are correct, not just they sold them.  Lets just take it step by step.

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Thank you for that. In Virginia, I will appear before the judge on 9/13 and basically be intergoated by the opposing counsel and the Judge. Its my experience the Judge is looking for any reason to rule for a SJ. From just personally looking at it I certainly do not think there is an overwhelming amount of evidence so I'm hoping to get a BOP and have my day in court. When I was sued 3 years ago I feel like the JDB (different one different debt) had much more evidence than this and they still ended up offering me a settlement at 20% of the actual debt.

 

Still reading around here and picking up more and more information. A lot of time out to 9/13 though and I want to be as prepared as possible.

They probably have a bill of sale, but it will not have any reference to you personally, it will be for a pool of accounts, and usually have a disclaimer on it that there are no guarantees except those outlined in the purchase agreement.  They will NOT give you a copy of the purchase agreement.

 

In her affidavit she claims knowledge of "the records"  Just because they attached something that they themselves made up and printed out does not make those records legit, and how do you know what "records" she is trying to reference? 

 

You will answer the complaint, then you can move to ask for discovery.  What are the charges listed on the complaint?  That may affect what you ask for in discovery.

 

Also the thing about chase is, there is a letter to the SEC out there where linda almonte states the record keeping practices of chase on charged off debt were incorrect.  She states how some people that had settled or paid the debt were still sold, not credited, a host of things.  Once it goes to their collections dept. they no longer keep accurate records.  That may help you later in your case, especially if they need to prove the accuracy of the account.

 

They are going to need a bill of sale, an affidavit from the original creditor stating the accounts are correct, not just they sold them.  Lets just take it step by step.

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Gotta say spent the last hour looking thru my local court files on Midland cases and can't come across any they have lost. Keep in mind most are default judgements (didn't show up) or straight judgements (when the person admits they owe the debt but can't pay) but I literally can't find a single case that Midland has lost in my district. This worries me!

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@creditrepairstan

 

Were any of Midland's cases dismissed?

Yes, I'd say I've look at roughly 100 cases from Midland in my district over the last few years today. About 85% of them Midland won with a default judgement. Maybe 1 or 2 of them at MOST were ruled for the defendant then about 15 to 20 were dismissed. Perhaps this means I can force Midland into a dismissing if I pick apart their evidence enough?

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@creditrepairstan

 

Default judgments mean the defendants didn't fight back.  Of course, we don't know why Midland dismissed some of their cases, but some could have been dismissed due to a settlement, or because Midland's attorney didn't want to fight too hard.

 

Study and learn your rules.   That's an important part of fighting back.

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It's the same in my state ......... people get served and just dunk their heads in the sand figuring that since they can't afford a lawyer ........ they don't stand a chance against the established judicial system.

It's been estimated (by one of our members) that 95% of the individuals served for a credit card debt don't even file an answer to the suit.

 

As BV80 stated ......... educate yourself ......... knowledge is power.

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  • 1 month later...

Had the return date today a the court house. Let me start off by saying there were a ton of people in the court which surprised me as most people usually don't show up for these return hearings and just accept their fate. Turns out most of them were there as they were close to being evicted from apartments. I haven't rented in years but seemed pretty harsh as most of these people were in there for just owing one months rent from August. Guess in this economy those renters can't play around.

 

It always angers me how the system works. If we don't show up on time then its an automatic judgment against us. Well in today's case both attorneys who were repersenting the credit card cases showed up 35 minutes late and we took a recess to wait for them to get there. 

 

So after a 15 minute recess or so I was among the last called for the junk debt credit card cases. Its a mater of note that I was about the 9th person of 11 who were actually there and I was the only one who disputed the debt. In fact most of the 9 got up there was asked if it was their debt and said yes. The judge then entered judgement. I really wonder why these people wasted the morning to go up there just to have the same thing happen which would have if they weren't there. One or two of the people agreed they owed it but disputed the amount. The judge asked for proof they had none other than their own memory full judgement awarded.

 

Anyhow, I get called to the stand and was asked if I wanted to speak outside with the Attorney. I said no and the Judge then kept asking in a round about way to get me to say it was my debt. He asked me if I ever had a Chase Credit Card which I was honest and said I've had several accounts. He said well then did you pay this account off? And we went into a short discussion about me not ackowledging the debt. I just said several times your honor I don't believe this debt is mine and would like to set this date for trial. Judge was very nice and explained the process and we then go to set a date.

 

The laywer who by the way I hate to sound mean because could be the nicest guy in the world for all I know but came in wearing the cheapest/poorest fitting suits I've ever seen an attorney wear. Really blew my mind.  The court wanted to set a date in late Oct/early November the opposing attorney asked for mid December. I'm out of town most of November anyway so December worked best with me.

 

Next up, the prosc must send their Bill of Particulars within 30 days I believe then I have 21 days from that date to send my Grounds of defense.  I feel pretty good about this, the attorney repping this case is just an apperance attorney who is making tons of apperances daily all over the area. I think I should have much more passion reguarding this case than he.

 

Interesting note, the next and final guy up behind me basically took one I said word for word and got a trial date set as well. So I guess I've already payed it forward a little bit.

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