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88gambit

Midland Funding, LLC vs my pregnant wife

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Hello,

 

I've been reading so much on the threads which have given me so many ideas on how to go against these guys so thank you to all who post so much usefull content.  I'm in need of some help when it comes to my response with this as I've seen some people recommend a motion to dismiss vs filing an answer and would love some recommendations based on my wife's situtation.  Also, I wanted to represent her in court without her there if possible does anyone also know if I'm able to?  Thanks again!

 

Our Scenerio:

Orlando, FL

Married - pregnant wife

One income from me

Mortgage

Car Loan

 

On 9/30 my wife received her summons to appear for pre-trail on a small claims for the amount of $3669.71 (they didnt want to miss a cent)

 

Statement of Claim

Plaintiff, MIDLAND FUNDING , LLC Sues Defendant xxxx and alleges

1. That this is an action for damages that is within this Court's Jurisdicitional limitations

2. Plaintiff is a Limited Liability Company authorized to do business in Florida

3. Defendant, xxxxxx, is an individual, is sui juris, and is a resident of orange county, Florida

4 The Defendant requested an extension of credit from Chase Bank USA, N A

5. The credit account number with CHASE BANK USA, N A was ________6662  (<---they didnt include full acct number)

6. All conditions precedent to the bringing of this action have been met or waived.

7.  Defendant caused various charges to be made through the use of said card

 

Count I (ACCOUNT STATED)

Plaintiff realleges all of the allegations set forth in paragraphs 1-7

8. Before the institution of this action, Plaintiff and Defendant had business transactions.

9  Plaintiff rendered a statement of it to defendant a copy being attached hereto, and Defendant did not object to the statement.

10.  Defendant(s) owes Plaintiff the principal sum of $3669.71 since on the account.

11. Demand for payment has been made.

 

WHEREFORE, Plaintiff demands judgement for damages of $3669.71 against the Defandant, XXXXX, plus, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper.

 

Count II (UNJUST ENRICHMENT)

Plaintiff realleges all of the allegations set forth in paragraphs 1-7

12  The Defendant received a financial benefit, which was in fact appreciated by the

13  The Defendant accepted the financial benefit

14  By virtue of the circumstances surrounding the use of the credit card, the Defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed

15  The Plaintiff has no adequate remedy at law if the if the relief sought is not afforded

 

WHEREFORE, Plaintiff demands judgement for damages of $3669.71 against the Defandant, XXXXX, plus, costs and disbursements in the institution of this suit, and any other relief which this Court deems just and proper.

 

POLLACK & ROSEN, P.A

address

Signature

 

____

 

The only additional document they attached was a credit card account summary page from 06/14/11

 

Thanks for the help!

 

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@88gambit

 

Credit reports are not always accurate.  I'd check my bank records to make sure the payment was made at that time.

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I think Chase took arbitration out of their agreements at the beginning of 2010.

 

Could they still use arbitration or did use of the card after that remove that possibility?

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Arbitration is a way to deal with cases like this that are owned by a junk debt buyer like Midland.  It takes it out of the hands of the court and before an arbitrator.  They paid around $100 for your wife's account and arb will cost them a $1000 or more.

 

Unfortunately I seem to recall that they took it out in Jan 2010.  I could be wrong so hopefully someone can let us know for sure.

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