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I have received a summons with complaint from Daniel N. Gordon on behalf of plaintiff Midland Funding, LLC. Both the plaintiff and defendant reside in Oregon. I sent my answer certified mail and denied ever owning said credit card or legal contract with Chase Band or Midland Funding, LLC.

On July 17th they sent me a letter stating, “Enclosed please find the document per your request for validation of your debt with or law office”. Included was CC statements and chain of title, also some field data from Midland Credit containing the acct. number, name, last 4 digits of SS#, address home phone # and account info.

I have been advised by the court that the case has been moved to arbitration. I have as of yet picked an arbitrator. Daniel N. Gordon has sent me a production of documents and a request for admission, 26 in all, WOW. Any help in answering these would be greatly appreciated.

 

Thanks,

 

Just me

 

 

 

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Thanks for the help but I guess it won't work with a PDF file.

PDFs are fine. After you upload the file there is a link to the right of the file that says "add to post" or something like that. When you click that it adds a line to the post with the attachment link.

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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.)
Daniel N. Gordon PC
3. How much are you being sued for?
$4,XXX
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?)
yes
6. How were you served? (Mail, In person, Notice on door)
Served in person
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?
OR - Deschutes
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
not SOL
11. What is the SOL on the debt? To find out:
see above
Statute of Limitations on Debts

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). Pending  Arbitration

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? Already sent certified answer within the required time frame.

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.

Sent bill of sale from OC-Chase, bill of sale contains no information on defendant only redacted areas, bill of sale from Chase signed with a scribble only, 8 statements from WaMu one from chase, first statement from WaMu has a large transfer from Chase but no proceeding statements to show where it originated. The rest of the credit card statements contain only one small charge the rest just show balance due. I also received field data from Midland Funding containing defendants name last 4 digits of SS, account number, creditor, address of defendant, home phone, sale amount, contract date, charge off date and client last paid date. Nothing has been authenticated or notarized. Chain of title from Chase to Hilco then merger docs. to Equable Ascent Financial to Midland Funding.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

 

 

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@itsjustme33

 

8 statements from WaMu one from chase, first statement from WaMu has a large transfer from Chase but no proceeding statements to show where it originated. The rest of the credit card statements contain only one small charge the rest just show balance due.

 

A transfer from Chase?   Chase bought WAMU, so do you mean a transfer from WAMU to Chase?

 

Is it the WAMU or Chase statement that shows the charge?   Are you sure it's a charge that was made by you?

 

I take it that no payments were shown?   Also, what's the cause of action?  Breach of contract or account stated?

 

Sorry for so many questions.

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The first 8 cc statements are from WaMu. The first WaMu shows a transfer from Chase for the majority of the money owed. The remaining statements from WaMu only show balance and finance charge. One statement shows a small charge from a retailer for under $50. The last statement is from Chase showing the same balance.The cause of action is breach of contract.There are no cc statements preceeding the first WaMu statement showing the transfer from Chase.

 

Thanks,

 

Just me

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Do any of the statements show a payment was ever made on the account?  If so, what is the date of that statement?

What is the date of the statement showing the transfer?

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Daniel N Gordon as far as an attorney for a JDB goes  is reasonable to deal with because of the volume of Midland cases they handle. DNGPC uses pretty much the same templates for every case and you can use the same process with your cookie cutter answers, Requests for Production and Admissions. 

 

You will have to treat this case as dress rehearsal because it will be assigned to mandatory Oregon Court Adjoined Arbitration. It's a good idea to get all your documents, pretrial motions, discovery requests in early while it's still in front of a real judge. The attorneys for the JDB's have all the arbitrators in their hip pockets and you will not win period unless your case is outside of the Statute of Limitations (SOL). Welcome to Oregon!!  When you appeal for a redo (trial de novo) you will be in front of a real judge in a real court just like the rest of the posters on the CIC forum. Until then it's a paper intense exercise getting DNGPC to spend enough time and money on you he will want to dismiss.  Because of the Oregon Bar Associations sanctions for frivolous law suits DNGPC will take your case as far as getting it through arbitration and then try to settle.  Just don't admit to anything and DENY everything in the interim. 

 

DNGPC is not very original so they use the same documents every time and it's easy to respond accordingly. I've attached answers (cookie cutter) that we have used for a lot of other DNGPC cases here in Oregon. You will probably only need 5 or 6 of the Affirmative Defenses. CIC forum doesn't recommend any. 

I'll edit the POD & RFA requests and post that later.

Summons Answer for Filing - HP.doc

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@itsjustme33

 

It doesn't make sense that there would be a transfer FROM Chase to WAMU.  That would mean there was first an account with Chase and the balance was taken from Chase and sent to WAMU.   Did you have ever an account with Chase, and then transferred the balance to the WAMU account?

 

If not, and if you only had an account with WAMU, then when Chase acquired WAMU accounts, there would be a transfer from WAMU that was sent to Chase...not from Chase to WAMU.

 

Since we can't see the statements, it's kind of hard for me to comprehend this.

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I would first like to clear things up for BV80 and Harry Seaward ie. credit card statements. The first cc statement is from WaMu showing a large transfer from Chase Mc/Visa. I have no idea where this originated because there are no preceding statements. The remaining 7 are WaMu and the last one is from Chase. On the second WaMu statement there is one small charge and payment made, less than $60.The rest of the statements have no charges just a balance.

 

Thanks Huey Pilot for your insight into Oregon arbitration and look forward to receiving the POD and RFA requests from DNGPC.

 

Thanks so much,

 

Just me

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On the second WaMu statement there is one small charge and payment made, less than $60.

What is the date of this statement?

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