Philly

Being sued by Midland in OH

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Bv80 and the others really saved my a$$.

 

midland will probably file for a MOTION FOR JUDGMENT ON THE PLEADINGS

is the lawyer suing you Nevenka ? I have a guy I know who is set for trial , he beat the motion for judgment on the pleadings and is set for trial. I will update the case as the trial is very soon. unfourntaly he is very paranoid that if posts anything on the board it will be used against him.

 

Hi Guys - it's been a while since I stopped in the forum except to read or check something out real quick, but I can use some help.

 

Just a brief history -- I don't know if anyone remembers I posted another case in 2012 because I was being sued by MSW Cap. I think I mentioned my identity was stolen in 05' and 06' (and yes, a double header!), and I wasn't sure what to do with the case after answering the initial summons, so came in here for help. You guys helped me get the case dismissed in the end. TYVM! 

 

Anyway, I'll type in the summons accusations/statements/claims as a response to your questions, and also attach my answers.

 

Can some of you please check it over before I send it to the lawyer (certified) and take to court house? I'd appreciate it. I need to try and get the answers to where they need to go Mon or Tues this week because I have to run out of town Wed - Wed next week.  I also need to know if I need to send the lawyer a request for production.Thanks all for your help in advance!

 

 

Here are the answers to the questions on the front page:

 

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.)

 

 

doing business in Ohio as Midland Funding DE LLC (I assume). I have lawyers names too.

 

3. How much are you being sued for?

 

$1051.10

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

 

HSBC Bank Of Nevada, N.A.

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

 

Served summons

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

 

Certified US mail

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?

xxxxxx County, OH 

 

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

I never paid on the account. I called HSBC several times inquiring where the account came from, and told them this was not my debt.

11. What is the SOL on the debt?

 

4 years

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).

 

Filed for judgment and relief - Summons served, waiting on response

 

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

 

Yes with the original creditors and original collection Co.

 

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 - I didn't know Midland bought the account until served

 

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?

 

28 days after the summons was serviced upon me (Oct 17). And no, I received no interrogatory.

 

Here is what they claim:

 

Serve answer to the summons to plaintiff's attorney

 

1.  Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC (plaintiff), is a limited liability company qualified to do business in Ohio.

 

2. This court is the proper court because Plaintiff is informed and believes that Defendant xxxx xxxxxx (hereby defendant), is a resident of xxxxxxx, xxxxxx County, state of Ohio.

 

FACTS

 

3.  Defendant opened an account with HSBC BANK NEVADA, N.A. or it's predecessor in interest.  A copy of the account statement is attached as Exhibit "A".

 

4.  Plaintiff has purchases Defendant's debt, and is entitled to all rights as owner thereof.

 

5.  MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS FOR MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attempts to assess each consumer's willingness to pay, through phone calls, letters, or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments.

 

6.    When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives.

 

7.   Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations.

 

8.   However, the majority of Midland's consumers ignore calls and letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.

 

CLAIM FOR RELIEF

 

9.   There is now due and owing from the defendant, the amount of $1,051.10.

 

10.   Plaintiff has made demand on Defendant for repayment of the amount but Defendant has failed and refused to pay the balance due.

 

 WHEREFORE, Plaintiff prays judgment against defendants as follows:

 

      a) for the unpaid balance of $1,051.10.

      B) Statutory interest on the balance of  $1,051.10 from the date of judgment;

      c) Cost of suit; and

      d) Such other relief as this court may deem just and proper.

 

 

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

 

1 item, exhibit A -  The top part of the page looks like an account summary with my name on. Most of the acct # is blacked out except for the last 4 digits. The bottom of the page has where and how to contact Household bank with 1 of my old addresses on it and theirs ... looks like a request for payment stub.

 

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Can anybody check this out before I send my answer to the lawyer and court? I'd appreciate it. Thanks. I saw where there were 67 views, but does anyone hang out in the forum anymore?

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Just deny everything... the most Midland has is that paperwork they gave you with the summons... there's going to be no way to authenticate any of it... 

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@ 1stStep - Thanks! And yes I denied all.  Did you happen to read the attached doc? I wanted to know if the if the responses were too long and if that part about dismissing the case was ok.

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@ 1stStep - Thanks! And yes I denied all.  Did you happen to read the attached doc? I wanted to know if the if the responses were too long and if that part about dismissing the case was ok.

 

You need to delete your name from your attachment.

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If you have not already filed your Answer, you should file a Motion for a More Definite Statement

 

If_sued-mtn_more_definte_statement ... - My Private Audio
privateaudio.homestead.com/if_sued-mtn_more_definte_statement-Debt...‎
  •  
 
15.1.1 Consumer Defendant's Motion For Definite Statement ... Procedure Defendant respectfully moves this Court for more definite statements because Plaintiff has failed to attach an ... Proctor, 156 Ohio App. 3d 60 (4th District 2004); Arthur v.
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@debtzapper - Wow! Great resource and thank you so much for the help! yes I changed my name to Xs. Good catch, I thought I got all of them.

 

 

I have a couple of questions if I may.

 

Can I just change some info on the doc above like mane, place, etc ... and use it?

 

Also, when that's complete, do I submit it to the court clerk and ask that the motion be filed - then send a copy of the motion to their lawyer?

 

Thanks again!
 

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@debtzapper - Wow! Great resource and thank you so much for the help! yes I changed my name to Xs. Good catch, I thought I got all of them.

 

 

I have a couple of questions if I may.

 

Can I just change some info on the doc above like mane, place, etc ... and use it?

 

Also, when that's complete, do I submit it to the court clerk and ask that the motion be filed - then send a copy of the motion to their lawyer?

 

Thanks again!

 

 

Well, you want to tailor it to your needs, mentioning specific facts in your case, the kind of evidence they provided in their Complaint or Exhibits, and argue to the court that the information about your account they gave you is legally insufficient for your to properly respond to them. Here are two cases referencing R.10(d)(1)

http://scholar.google.com/scholar_case?case=14995053857851669736&q=R.10+(d)(1)&hl=en&as_sdt=4,36&as_ylo=2012

 

 

http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2010/2010-ohio-950.pdf

 

 

You might also want to Google Scholar search more cases.  The motion is not a silver bullet, and the court may rule they submitted enough documentation in their Complaint, but it's still worth trying.

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Okay will do, and thanks again for the help. I suspected I would have to tailor it a bit.

 

I'll let you guys know what happens after I create the doc hopefully. If not I will after running it to the court house and hearing back from either or both parties..

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Ok I have the Definite Statement doc (attached) ready except for names, rank and serial #.  Can some of you take a look at it and let me know if it's good enough to submit? I'd like to get it to the courthouse tomorrow morning or noonish if possible. I know that's a lot to ask, so apologies if I seem like I'm in a rush.  just have a ton of things to do before leaving to go out of town Wed. 

Thanks in advance, appreciate all the help I can get!
 

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Just for sh**s and giggles I thought I'd let you guys know that I ran the Definite Statement motion up to the Municipal clerk's office to submit a little while ago. The clerk had no idea what the motion was for, and said she's never seen one before today in all the years she's worked there. And she definitely never seen a doc from a pro se look that professional. She said that everybody that gets a summons responds with answers, and "we're lucky to get them on a piece of paper.

 

Anyway, I thought it was a bit odd. Hope I did the right thing by submitting it.

 

Question - Do I wait for a ruling on that motion before send my answers to the summons? It makes sense to do it that way, but I only have 7-8 days at best to respond.  Thanks!
 

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According to everything I've read, a motion for more definitive statement is in lieu of an answer. 

 

Good work on the motion, those are nice compliments to get.

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According to everything I've read, a motion for more definitive statement is in lieu of an answer. 

 

Good work on the motion, those are nice compliments to get.

 

Hi Spikey - thanks for letting me know. I read someplace that the motion goes before summons response to give the Plaintiff or other parties time to correct or adjust the complaint. Submitting it  in lieu of an answer puts things in a whole different perspective for me.

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While I can't be 100% certain as I'm not expert in Ohio law, this definition from Ohio Legal Services seems to agree with my thought:

 

What is a Motion for More Definite Statement?
A Motion for More Definite Statement asks the Court to order another party to clarify its statements or allegations because their claims are so vague or ambiguous that the party making the Motion cannot reasonably frame a response. 

 

If you can't frame a response, you can't answer the complaint.

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While I can't be 100% certain as I'm not expert in Ohio law, this definition from Ohio Legal Services seems to agree with my thought:

 

 

If you can't frame a response, you can't answer the complaint.

 

Yes that's correct, it's ORCP 12(E). I wrote that rule summary in my motion for definite statement when I was drafting it up ty! I guess it didn't click in my head the way it did until I read your post. It's no smoking gun as they say but I have a feeling it can pack a good punch if plaintiff wasn't expecting it or doesn't have the paperwork. We'll see. I'll let you guys know what happens.

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Post 11 should answer your questions about the Motion.  Be advised, however, that the court may or may not grant your motion.  And even if they do, sometimes the JDB will cough up enough documentation to satisfy the court.

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Post 11 should answer your questions about the Motion.  Be advised, however, that the court may or may not grant your motion.  And even if they do, sometimes the JDB will cough up enough documentation to satisfy the court.

 

Not to mention that this is becoming a standard tactic by the few that do fight. Eventually the JDBs will catch on and head it off.

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Post 11 should answer your questions about the Motion.  Be advised, however, that the court may or may not grant your motion.  And even if they do, sometimes the JDB will cough up enough documentation to satisfy the court.

Agreed! I did read it and used the info. Please read Post #18 where I mentioned it isn't or shouldn't be relied on as a smoking gun. Btw there were a few good resource posts in this thread that helped me a lot - yours was one of them.

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@Philly

 

@Clubchill is from OH, defeated a JDB MSJ, and the case was just dismissed.  You might want to find out if his case and/or evidence bears any similarity to your case.

 

http://www.creditinfocenter.com/community/topic/321694-being-sued-and-summary-judgement-filed-by-collection-agency/

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Bv80 and the others really saved my a$$.

 

midland will probably file for a MOTION FOR JUDGMENT ON THE PLEADINGS

is the lawyer suing you Nevenka ? I have a guy I know who is set for trial , he beat the motion for judgment on the pleadings and is set for trial. I will update the case as the trial is very soon. unfourntaly he is very paranoid that if posts anything on the board it will be used against him.

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Bv80 and the others really saved my a$$.

 

midland will probably file for a MOTION FOR JUDGMENT ON THE PLEADINGS

is the lawyer suing you Nevenka ? I have a guy I know who is set for trial , he beat the motion for judgment on the pleadings and is set for trial. I will update the case as the trial is very soon. unfourntaly he is very paranoid that if posts anything on the board it will be used against him.

 

@ Clubchill - Thanks for the share and glad they saved your  but!  Midland may do that, but even if they do I can argue the issue  that they never established the account as mine in any way and as such, they have no bases for the claim or relief - they didn't even attach a bill of sales to the Summons. There are 2 lawyers, but it's Midland Funding LLC doing business in Ohio as Midland Funding DE LLC who is the Plaintiff.  Klemenok and Pavolvic are the 2 lawyers. Okay about updating ...appreciate that.

 

Here's another thread besides yours that I found very interesting ... maybe it can help in your friends case:

http://www.creditinfocenter.com/legal/i-won-lawsuit.shtml

 

As far as your friend is concerned, I wouldn't worry about it if I were him as long as he states the facts and does his homework. I uploaded that definite statement attachment , but there's nothing in that attachment that can be used against me. They might be a little more prepared for that motion, but facts are facts, and they will end up seeing that strategy anyway because it was filed the other day. I guess what I'm trying to say is - if I'm truthful in the facts, do my research, study and prepare, things will turn out the way they turn out. I accept that.

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@ Clubchill or anyone who can answer -

 

If the Plaintiff is Midland Funding LLC doing business in Ohio as Midland Funding DE LLC, does this mean they are using Delaware law? Or am I misreading that statement? It just dawned on me that if they are using DE laws, they might have filed a lawsuit  on an account that passed the statute of limitations or SOL, making it time barred! That acct page shows the last usage dated as mid Aug, 2009. 

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