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being sued by Midland Funding in TX


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1. Who is the named plaintiff in the suit?

 

Midland Funding, LLC

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
 

Midland Funding, LLC

3. How much are you being sued for?

 

$5xxx.xx

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

 

Chase Bank

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

 

I was personally served papers

6. How were you served? (Mail, In person, Notice on door)

 

In person

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

 

Yes

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

 

None

9. What state and county do you live in? 

 

TX

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

 

3 yrs 10 months

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

4 yrs

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).

 

I need to file an answer.

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

 

no

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?  a week, Charges are Breach of Contract and Damages

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

 

a chase cc statement


 

 

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Ok So you either go to the courthouse if it is near you or look up online the answer form. This is the easiest part of the process. You Deny everything but your name and jurisdiction.

Check YOUR state law to see if you can do a general denial or if you have to deny (as I did)paragraph by paragraph  to what they are claiming in their complaint.. Would help if you posted the complaint.

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Follow the instructions I gave in this thread substituting the information of your particular case of course-

http://www.creditinfocenter.com/community/topic/321111-sued-by-midland-funding-llc-texas/

 

Edit: I just noticed you said they claimed "Breach of Contract and Damages"  That doesn't make much sense.

Are you one of the paragraphs does not say "Account Stated"? If it does not then leave out the Special Exception to Account Stated when you file your answer.

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Thank you both so much for your help so far. I am sorry when I posted I was very upset and am now finally ready to take action. Texasrocker thank you for the link, zero0's case and racecar's response(in the link) look almost identical to my case. Like their cases, I do have two counts (count 1 - breach of contract, count 2 - account stated) and damages. I also had a credit card statement attached with the account number blackened out except the last 4 numbers. The only difference between my case and zero0's is that I just stopped paying on my card. I never asked the cc company to work with me.

My deadline to file an answer is one week from tomorrow at 10 am. When I file the answer do I need to also file Plea to the Jurisdiction, Special Exceptions and Request of Disclosure? If so are these part of the answer or different forms? I understand that I need to file an answer, and it has to look a certain way. My question, when I go to the court house do they give me this form and I fill in the blanks? Or can I download one off a tx law website or create my own to look as identical as I can to the one they sent. I have already learned the header will need to look just like the one that was served to me.

I really appreciate all help.

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Okay I downloaded zero0's paperwork with his/her answer, and I think I have answered my own question. The only thing, when I was reading thru this board, I saw another member did not want to touch SOL as they were worried about it coming back on the member to prove it in court by bank statements or etc...can that happen can the court make me prove whether it has past the SOL of not?

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If anyone can please help me out with a few questions, please. My paperwork looks similar to this:

E. Facts

8. Defendant opened an account with Chase card services.. Plaintiff purchased Defendant's debt, and Plaintiff is now owed money from Defendant. Relevant information related to the account are as follows:

ORIGINAL CREDITOR: Chase card services

ORIGINAL ACCOUNT NO: XXXXXXXXX0101

DATE OF CHARGE OFF: 5/31/2010

CHARGE OFF BALANCE: $5,000.00

First off, I didn't open my account with Chase. I opened the account with a bank, then another bank had the acct, and finally Chase had the acct. I have been told, Midland has no case based on I didn't open the account with Chase. Is this true? How can I use this to benefit my case?

It has been suggested that I use something like this for my answer:

General Denial

1. Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations.

2. Defendant denies that Plaintiff has standing to assert any claims against Defendant arising out of any debt or obligation

owed by Defendant to the original creitor or any assignee of the original creditor, and therefore does not have standing to bring this lawsuit.

I was thinking of putting a number 3. Def denies opening Chase acct xxxxxxx0101. or is this covered in points 1 and 2?

Also should I still do a special exception to remove the old statement at this time? why or why not

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These questions have been coming up a lot lately because of Washington Mutal to Chase accounts but that will not be your way off. These bank aqusistions are known and regonizied by the court. The key is having Midland prove they legally purchased the debt from Chase which is nearly impossible for them. Having them prove Chase acquired the debt from a different bank isn't hard and not the angle you need to look at.

If anyone can please help me out with a few questions, please. My paperwork looks similar to this:

E. Facts
8. Defendant opened an account with Chase card services.. Plaintiff purchased Defendant's debt, and Plaintiff is now owed money from Defendant. Relevant information related to the account are as follows:
ORIGINAL CREDITOR: Chase card services
ORIGINAL ACCOUNT NO: XXXXXXXXX0101
DATE OF CHARGE OFF: 5/31/2010
CHARGE OFF BALANCE: $5,000.00

First off, I didn't open my account with Chase. I opened the account with a bank, then another bank had the acct, and finally Chase had the acct. I have been told, Midland has no case based on I didn't open the account with Chase. Is this true? How can I use this to benefit my case?

It has been suggested that I use something like this for my answer:

General Denial

1. Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations.


2. Defendant denies that Plaintiff has standing to assert any claims against Defendant arising out of any debt or obligation
owed by Defendant to the original creitor or any assignee of the original creditor, and therefore does not have standing to bring this lawsuit.

I was thinking of putting a number 3. Def denies opening Chase acct xxxxxxx0101. or is this covered in points 1 and 2?

Also should I still do a special exception to remove the old statement at this time? why or why not

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  • 2 months later...

It has been 60 days since I sent Midland Funding: Interrogatories, Request  for Production and Request for Admissions.  They did not answer my Discovery, and they have not asked me for Discovery.  The hearing has not been scheduled.  The clerk told me the hearing would be mid Nov. or early Dec.  I am asking for advice.  What would you do if this was your case?

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