summons notice for pre trial with Midland Funding

[damships6]

I am , unsure of what my husband should do . He was served with a summons for a pretrial conference against midland funding, his court date is tomorow what should be ready for please help.

[HotWheels96]

Quick; answer these to the best of your ability!

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?

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 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.

[HotWheels96]

I'd also poke around here:

http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf#page27

[damships6]

the plaintiff in the suit is Midland Funding LLC . There isnt any name of a law firm just a bunch of attorneys listed. My Husband is being sued for4,881.57, The origional creditor was Wells Fargo. He was given a summons at the house, it was a process server. He was making pymnts to Wachovia bank when it was bought out by Wells Fargo they wouldnt accept the pymnts they wanted the whole amount. We live in Pasco County Florida. The last time he paid on the account was March 4th 2012 I think the SOL is 4 yrs.  We go to pre trial conference tomorow. We didnt know anything about Debt Validation.  they sent a summons /notice to appear for pre trial conference. In the complaint they state theynotified us of the assignment 30 days before legal action which is not true.  account stated efforts to resolve the underlying obligations, Bill of sale thats about it.

[HotWheels96]

Did you file an answer/response to the claims?

Also, remove any data that would make it obvious who you are to prying eyes. The other side has been known to read boards like this. Round all numbered items to the nearest thousand, don't list exactly what county, etc.

I believe in your state, which I see as Florida, you have 20 days to respond.

"Unless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. A party served with a pleading stating a crossclaim against that party shall serve an answer to it within 20 days after service on that party."

According to the link I provided which gives the codes, they are required to attach certain documents to their claim.

RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS

( a ) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments.

[damships6]

I just got back from the mediation with my Husband, didnt go well. 1.the attorney midland fundingllc hired which doesnt even say who the law firm is, had mediation outside of the court room down the hall in another room and I couldnt go with him. My Husband did not sign anything did not mediate the Judge said you owe the money , I will set it for small claims we will get papers stating that. Once we get the papers we can appeal the judge said, and he also saidwe could try and negtiate a lesser pymnt but the dont have to accept it.

[HotWheels96]

Wait, did you lose mediation and they said you are to go through small claims as well?

[damships6]

My Husband went to mediation and didnt sign anything, said he wanted a bench trial well the judge said he owed the debt , and the lawyer midland hired from Tampa florida wouldnt negotiate anything under 100.00 a month so the judge said the lawyer has 30 days to send the papers to us then we have 10days after we get the papers to put in an appeal . The judge said if he finds it in favor of the other party we not only have the loan but interest and court costs.

[racecar]

http://www.floridabar.org/TFB/TFBLegalRes.nsf/d64b801203bc919485256709006a561c/e1a89a0dc5248d1785256b2f006cccee?OpenDocument

 

Did he admit to the debt?

File for a rehearing with new found facts.

Rule 1.530,provides that a motion for rehearing must be served no later than 10 days 

 

[racecar]

IN THE DISTRICT COURT OF COUNTY NAME FLORIDA

Plaintiff Name

Plaintiff

 

Vs.

 

Defendants Name

Defendant

Case #

Divison

 

DEFENDANTS  MOTION FOR REHEARING

 

COMES NOW the Defendant MY NAME, Pro se (hereinafter referred to as"defendant"), submits Defendant’s MOTION FOR REHEARING

 

Defendants Reasons for the Rehearing

1. Florida Statute 559.715 assignee must give the debtor written notice of such assignment within 30 days after the assignment.

1.(A) No Notice was ever given to defendant.

2.Defendant denies all allegations of plaintiffs complaint.

3.Plaintiff  is unable to produce any evidence that it complied with Florida Statute 559.715.

4.Summary Judgment should not have been granted as plaintiff did not comply with Statute 559.715.

5.Defendant owes Plaintiff nothing.

6.Plaintiff has suffered no harm from this defendant and therefore has no standing to sue this defendant.

 

respectfully submitted,

 

WHEREFORE, Defendant prays that this Court grant Defendants MOTION FOR REHEARING

Defendant further prays that this Court give the Defendant his day in court so he can prove his case.

 

my name here
Defendant, pro'se
address
phone

[damships6]

my Husband was overwhelmed and I think he said something about owing the debt so basically he is done for right?

[racecar]

Why would he owe Midland Funding any money they do not lend money?

You may owe someone but you don't owe Midland Funding a dime.

 

Florida Statute 559.715 assignee must give the debtor written notice of such assignment within 30 days after the assignment.

They didn't send it to you they never do.

 

You need to file the DEFENDANTS  MOTION FOR REHEARING

Get your day in court they can never prove standing to sue.

 

I don't know much about your case because you never filed out the questioner.

If you fill the questioner out you might stand a chance to beat them, but with limited information it is hard to help you.

With a little study over the weekend you can file your motion next week even if it is denied at least you tried.

 

http://www.creditinfocenter.com/community/topic/313112-the-all-inclusive-ive-been-sued-or-contacted-by-midland-whats-next-andor-help-me/ read this

[shellieh98]

Have him file that, then when granted have your husband come here to this thread, and post everything (redact your personal info) This board will help you though it. Racecar your so nice to even write it out for them!

[damships6]

what happened was , we origionaly were with wachovia bank and were making payments on a credit card , then when it was bought out by wells fargo they wouldnt except any form of pymnts they wanted the whole thing when he talked to them and said we couldnt do it, they quit talking to us and then midland funding gave us the summons. He went to court last week and they had him go outside of the court room to another room to mediate, he didnt sign anything then when he went before the judge with midland next to him , the judge asked him if he owed that debt  I think he said yes ,so now the judge wants it to be tried in small claims court and he might get interest and court fines on top of what he owes . I think he did himeself in .

[damships6]

where do I find the questionaire

[damships6]

Midland junket, called today and wanted to reach an agreement refused to take anything but What they wanted. The man also threatened  that they could put a lean on the property garnishment etc they call early morning under unknown

[damships6]

1.the named plaintiff in the suit is midland fundingLLC       2.there is no law firm name     3. im being sued for 5,000   4.  the origional creditor is Wells Fargo   5.I was served a summons in person     6. the service was legal by my state of fl    7.the correspondance with wells Fargo was over the phone they refused to take any pymnts they wanted the whole amount,    8.I live in Pasco county Fl   9.last pd in 2012     10.the status of the case is we already did pretrial now today we recieved in the mail  fact information sheet on bank acc job vehicles etc.   11.I believe he might of said he did owe the debt    12 I didnt know about debt validation before the suit.   13 we have 45 days to send back the fact information sheet. there seeking court costs  pre judgement interest plus 5,000.    14.Wells fargo copied statement and the buyer signature and midlands signature as buyer. thats all the evidence they sent. please advise.