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Got sued by Midland Funding - WA State


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I am new in the Forum.  I am from Washington State and I am being  sued by Midland Funding.  A summon was sent to me on July 5, 2013.  I sent my Certficate of Service on July 30.  From then on they called me atleast 3 days a week but I never answer the phone.  I requested for the Credit Card Agreement and Proof that they now own the debt and they sent me the aggreement together with an Affidavit from a certain Financial Officer saying that Midland bought the debt from them   Now a hearing is set on Oct 31, 2013 requested by Midland Funding for Motion of Summary of Judgement against me.   The original debt is Walmart or Discover and now its under Midland Funding under Daniel N Gordon.  I am hardly making it coz I am just working partime now.  My husband is sick and I am the only one who can work right  now they want me to pay 6 grand. In my recollection I owe walmart about 3K.   I dont know what to do.  In my answer in the Summon I told in there that I dont know Midland though I said I owe Walmart.  Do I need to answer the Motion for Summary of Judgement and mail it to the CourtHouse ?  Or I just need to go to the hearing?  Can anyone help me how can I asnwer them.

 

I draft an answer that I will be reading in the hearing that I am requesting for the person who sign the affidavit of transfer of debt to Midland to testify under oath to prove the authenticity of the affidavit what else I can use as a defense?

 

Thanks to Public Enemy for Responding.

 

Please bear with me as I am new in the Forum.  Two members from this forum told me about filing for Motion to Compel Arbitration?  So I will send a letter to Midland that I want to start an Arbitration? Do I need to send a copy to the Clerk Courthouse too? And who will start the arbitration?  Is it me?  Do I need to have the $ 250 right away?  Do I need to send the ARBITRATION BEFORE THE HEARING OR i CAN TELL IN THE HEARING THAT i WANT TO START AN ARBITRATION? As i have said I dont have alot of money right now... Salvation Army paid my light bill this month.

 

Thank you so much.

 

 

 

Thank you very much.  And God Bless you all.   

 

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Can I ask what your financial hardship is? Are you on disability, or have medical issues, or are exempt in any way? Are you on SSI?

Midland will forgive debt for these things, if any apply.

I am not disable and I am not on SSI... I had a business for a while but I losr everything... my house, my car and the business.  It took me a while to get a job and I am working right now but I cannot get a full time job.  I worked part time my husband got layed off coz he got very sick and cannot get to work so when he tried going back they didnt let him anymore.  He is still trying to find a job.  We only share one car now thats part of the problem too.  Anyway,  I didnt know Midland Funding... I guess they bought my debt from walmart.  I tried paying walmart as much and as long as I can but time came when I cant anymore so I called them if i they can give me a small payment  but they dont even want to talk to me... then theres more unfortunate event that happenned to my life after that .. Its very personal that I cant give details.  Anyway,  I have been struggling eversince.     I wish its better but its not. :(

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Hi PE,

 

 

Can you kindly give me a sample of that Debt Validation Letter electing Arbitration?  How will I do it?  I just want to know so I can file or do it before the hearing on the 31st.  Should I just write DNG or Midland and tell them that I would like to push thru Arbitration? Thanks alot.

 

It is too late for DV now.  It was just to show that Midland has no stomach for arbitration.  Use the info racecar provided in post #5 in the other tread as a template for a Motion to Compel Arbitration.

 

Do you have Microsoft Word on your computer?

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It is too late for DV now.  It was just to show that Midland has no stomach for arbitration.  Use the info racecar provided in post #5 in the other tread as a template for a Motion to Compel Arbitration.

 

Do you have Microsoft Word on your computer?

Ahh ok.

 

Yes I have Microsoft word in my computer.

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I will try and send you a word file tomorrow.  My wife had a stroke last week and I just sitting with her at the rehab facility so I don't have it with me here.

 

 

You might try making a post in the Arbitration sub-forum so Linda7 will see it.  She is very experienced with arbitration and my say I'm wrong about this but here are my thoughts.

 

Since Midland already has a Motion for Summary of Judgement scheduled I would fill out the JAMS application and pay the $250 fee.  That is all you will have to pay.  If they want to arbitrate they will have to pay the remaining $550.  Then edit the Motion to Compel Arbitration template racecar provided.

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I will try and send you a word file tomorrow.  My wife had a stroke last week and I just sitting with her at the rehab facility so I don't have it with me here.

 

 

You might try making a post in the Arbitration sub-forum so Linda7 will see it.  She is very experienced with arbitration and my say I'm wrong about this but here are my thoughts.

 

Since Midland already has a Motion for Summary of Judgement scheduled I would fill out the JAMS application and pay the $250 fee.  That is all you will have to pay.  If they want to arbitrate they will have to pay the remaining $550.  Then edit the Motion to Compel Arbitration template racecar provided.

I am so sorry to hear about your wife's stroke.  Hope she recover fast.  Thank you so much for all the help.  TC!

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