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being sued by midland funding in tennessee


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New to forum and I need help.

Received a summins back in June stating I was being sued by midland funding for $948 plus fess and cost. I looked at a copy of credit report and noticed a charged off account for paypal in the amount of $408. I do not remember ever having a paypal account so I disputed the info on my credit report only to be informed that the account belongs to me. I appealed again requesting specifically how they determined the account was mine only to be told, the account belongs to me. So since I have never been sued before I researched on the internet on what I needed to do. The summons stated I needed to appear in court Aug 8th at 0900. Prior to attending court, I filed a motion of denial with the county clerk and sent notarized copy, certified, return receipt to the lawyer representing Paypal- this was sent out a week after I received the summons. I showed up in court with notes I had jotted down from this site but when I was called up the attorney stated what was stated on the summons then he asked for a continuance because he had just received the paper work that I sent to him and he was not able to get what i requested for court today, I sent the letter out the 1st week inJune. The judge began to speak and stated that he would allow continuance and set the date for November 7th for " settlement" and asked if I was ok with that date. Well I said no and requested to have the case be dismissed since he did not have proof of what i requested ie proof that I owed the debt, proof that they had a right to collect debt, breakdown of how they came up with the amount they are sueing for. The judge then informs me that everyone has a right to be allowed a continuance at least once! Im confused ! So I explained to the judge how inconvinent this is to me and he asked if I would like a trial? I said yes but what does this mean? What was the purpose of me showing up to court on Aug 8th? Did the lawyer for Midland Credit assume I was not going to show and he would get a default judgement against me?! I mean they are suing me they should have had all proof in court. So what should I expect for this trial date Nov 7th. Please, someon explain this to me, thank you.

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google TN rules of civil procedure, and start there.  So you answered the suit.  What does the complaint say?  Did they include any affidavit's or statements, or anything with the complaint?

 

The judge set trial for Nov. 7th.  Did he give you a time line when discovery should be complete? when all motions should be filed? 

go to the pinned thread above and answer the list of questions posted in the thread "Q's to answer when posting in this forum"  It will help.

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It will be helpful it you fill out these Questions in this format. It is easier to read and will help others help you.  It will also help if you scan a copy of your affidavit. Just leave out personal info and exact numbers.

 

 

1. Who is the named plaintiff in the suit? 

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

3. How much are you being sued for? 

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

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

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

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

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in? 

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

11. What is the SOL on the debt? 

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). 

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

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. 

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? 


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

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1. Who is the named plaintiff in the suit? Midland Funding LLC, as successor in interest to "GE Money Bank  Paypal Buyer Credit"

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? $982.42 plus private process fees and court costs

4. Who is the original creditor? (if not the Plaintiff)  GE Money Bank  Paypal Buyer Credit

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

6. How were you served? (Mail, In person, Notice on door) person left papers with my Fiance

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

Process Service Requirements by State - Summons Complaint

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? Putnam County TN

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) im not sure, but according to my credit report it says 3/2009- i dont remember this, 

11. What is the SOL on the debt? it was opened up in 2006 , according to my credit report

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 was served with a summons to appear in court Aug 8th.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) i did when i received the summons

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.  I was not aware of this alleged debt until the summons

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? I received the summons in June, I filed sworn denial with court and sent certified copy with return receipt to the Attorney for the Plaintiff; I did not receive a questionnaire; The actual summons read as follows: " Summons for- me- to appear before General Sessions court of Putnam County,  Tennessee on August 8th,  2013 @ 0900.   Then and there to answer in a civil action brought by Midland Funding , LLC.  Upon sworn account, as evidence by the attached affidavit, wherein it is alleged that the amount due and owing on account ending in xxxx is $982.48 as of Nov 17, 2009, minus payment (s) made since such date, if any.  Plaintiff requests private process fees and court costs.  Where fore: Plaintiff demands judgement against the defendant for the sum set forth above and costs."

 


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

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New to forum and I need help.

Received a summins back in June stating I was being sued by midland funding for $948 plus fess and cost. I looked at a copy of credit report and noticed a charged off account for paypal in the amount of $408. I do not remember ever having a paypal account so I disputed the info on my credit report only to be informed that the account belongs to me. I appealed again requesting specifically how they determined the account was mine only to be told, the account belongs to me. So since I have never been sued before I researched on the internet on what I needed to do. The summons stated I needed to appear in court Aug 8th at 0900. Prior to attending court, I filed a motion of denial with the county clerk and sent notarized copy, certified, return receipt to the lawyer representing Paypal- this was sent out a week after I received the summons. I showed up in court with notes I had jotted down from this site but when I was called up the attorney stated what was stated on the summons then he asked for a continuance because he had just received the paper work that I sent to him and he was not able to get what i requested for court today, I sent the letter out the 1st week inJune. The judge began to speak and stated that he would allow continuance and set the date for November 7th for " settlement" and asked if I was ok with that date. Well I said no and requested to have the case be dismissed since he did not have proof of what i requested ie proof that I owed the debt, proof that they had a right to collect debt, breakdown of how they came up with the amount they are sueing for. The judge then informs me that everyone has a right to be allowed a continuance at least once! Im confused ! So I explained to the judge how inconvinent this is to me and he asked if I would like a trial? I said yes but what does this mean? What was the purpose of me showing up to court on Aug 8th? Did the lawyer for Midland Credit assume I was not going to show and he would get a default judgement against me?! I mean they are suing me they should have had all proof in court. So what should I expect for this trial date Nov 7th. Please, someon explain this to me, thank you.

 

You are correct that Midland was fishing for a default judgment which I'm sure they got in most of the cases that day. It is business as usual for them to get a continuance because they most definitely didn't have the evidence to beat you that day. The question is will they get it? Probably not, but you will need to make sure and not screw up so they will not get a judgement against you.

The court is not there to be convenient for you. The tactics the JDBs use is to wear you down and make you give up. Since you have already filed a sworn denial you are ahead of 99% of the defendants.

 

Since the amount is so small you might consider sending a subpoena to the person who signed the affidavit. You will need to send it at least 6 weeks in advance if the person lives out of state. It will cost you 20.00 to send it through The Tennessee Secretary of State plus whatever your local court charges. (probably 5.-10.) Since discovery is not usually an option in General Sessions Court you will also want to ask for certain evidence in the subpoena. (duces tecum) The downside to this is if the witness shows up and they win then you may be responsible for the travel cost. While this is true the odds of them sending a witness is slim to none. They usually do not want to put one of these people on a witness stand unless it deals with a large amount of money in my opinion.

 

 

http://www.tncourts.gov/node/431

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I would also contact the Executive Director of The Tennessee Collection Services Board here.

 

http://www.tn.gov/regboards/collect/

 

Some laws were changed on July 1st of this year that "may" allow plaintiffs to testify as to the records of the OC which should always be objected to as hearsay. Ask her for a copy of the old rules/laws and the new ones. Since they filed suit on you before July 1st you should be under the old laws. Make sure and take the information she sends you to court and talk with the judge about it if necessary. Even though its GS court make sure it is presented in the proper format. 

 

If Midland sent you any dunning letters or contacted you before April 29 of this year also bring this up. Although Midland Credit was licensed its parent company , Midland Funding LLC, was not. If they say they didn't need a license before ask them why they have one now.

 

So Mr. Plaintiff "you state that Midland Funding did not need a license in order to collect in the State of Tennessee"

"That is correct"

"So why did you find it necessary to get a license this year" "You stated you didn't need one but you decided to get one this year" Please explain this to the court"

 

icense Status ACTIVE - FULLY LICENSED License # 1425 License ID 1425 Expiration Date Apr 28 2015 Original Date Apr 29 2013 Profession Code 3502 Profession Name Agency First Name   Middle Name   Last Name MIDLAND FUNDING LLC City SAN DIEGO State CA Zip Code 92108 Rank COLLECTION SERVICE AGENCY
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http://www.fairdebtforconsumers.com/Tennessee-Fair-Debt-Collection-Practices-Act.aspx

 

Also look at 62-20-127 (d) (2)

 

I've not had the opportunity to argue this but have been prepared before dismissal. Take the most updated version of this that you get from the Executive Director above. Highlight this section and request dismissal. The judge may or may not grant it, but its worth a shot. If they say you do not have the case law to support it tell them to present you with the case law against it. 

 

You need to make them verify what they paid for your alleged individual account. Do it in writing and argue it verbally. Remember the attorney cannot testify as a witness in your case. It has to be an authorized agent for Midland. 

 

RULE 3.7: LAWYER AS WITNESS

(a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless:

(1) the testimony relates to an uncontested issue;

(2) the testimony relates to the nature and value of legal services rendered in the case; or

(3) disqualification of the lawyer would work substantial hardship on the client.

( B) A lawyer may act as an advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness, unless precluded from doing so by RPC 1.7 or RPC 1.9.

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Since you are already this far into it I'm sure you have already been reading the Tennessee Court Rules and the Putman County Rules, if available. 

 

http://www.tncourts.gov/courts/rules

 

Others here can help point you in the right direction in arguing issues against Midland such as their standing. As long as your are willing to work at it many here will be happy to help. 

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@ArtVandelay, thanks for responding to my post and thank you so much for your info that you have posted all very helpful! Now one mor question for u, since the jdb was granted a continuance, to gather info I requested in my sworn denial, should I wait for them to send me their interrogatories and proof of discovery or should I go a head and file this with the court along with motion to dismiss affidavit and counterclaims? Some of tbe post here say go ahead and others say just wait until they send it to me then answer asap .

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@ArtVandelay, thanks for responding to my post and thank you so much for your info that you have posted all very helpful! Now one mor question for u, since the jdb was granted a continuance, to gather info I requested in my sworn denial, should I wait for them to send me their interrogatories and proof of discovery or should I go a head and file this with the court along with motion to dismiss affidavit and counterclaims? Some of tbe post here say go ahead and others say just wait until they send it to me then answer asap .

 

The best answer I can give you is I don't know. You are probably going to get little, if anything, from them. Most of these attorneys are just playing a huge bluffing game. They might spend a whole 30 minutes reviewing you account. If Midland can get any more info from the OC on your case I doubt they will pay for it considering the amount. You said the amount of the original alleged debt is 400., so they probably paid less than 20.00 for it. Even with the court cost they still have less than 200.00 invested. 

 

If the judge didn't give you a trial date the first time then they will the next time. This is the time you send the subpoena I mentioned above. If you do anything at this point I would speak with an attorney that specializes in FDCPA cases about filing a case against them in federal court. This is assuming they have violated your rights under the FDCPA. The amount they are suing you for is not worth hiring an attorney for the local case. 

 

For now I would just wait it out. Go ahead and do your homework and get the information from the person at The Tennessee Collections Services Board I mentioned above. I'm not sure if its an option at this point, but another option is filing a MTC Arbitration. If the original GE agreement allows for JAMS they would be crazy to pay the fees for this. Either way you go the amount of your debt is way too small for them to pursue. Just keep pushing them and never stop fighting.

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