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Being sued by Midland Funding llc in Florida

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You'd have to review the rules of civil procedure. A motion to dismiss in lieu of answer is allowed in some states, Illinois allows it. You still need to tailor it to your specific case. You're unlikely to find samples that don't require modification.

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I completely understand i just want to know, what i could and could not use while modifying my own response. Im just not sure what i should put in the response. Like I stated earlier, it seems like in my response i need to deny all aligations as my initial response. 

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You can take a shot at it based on one of the samples that I've linked you too and then post it here for critique. I think that's a good place to start.

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You may want to look at a FL thread started by Uncle Buck.  It was used by another FL OP to get a dismissal.

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ok guys and gals after some reading, i think i want to elect arb, and respond back to these JDB and fight this case. If anyone knows where i can find some info on electing ARB with chase that would be great. I had a site that i looked at and it doesnt go any farther then 2008 so i dont know which applies to me.

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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.)

Pollack & Rosan

3. How much are you being sued for?

5708.78

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

Chase

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

Served

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

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?

Florida, Osceola County

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

2/15/11

11. What is the SOL on the debt? To find out:

5 years

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 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). Summons Issued

 

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?  I have 20 days to respond, I will be attaching a copy of the summons

 

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.

1 statement from the OC

)I though a DV was still good to be requested and that is what I did when I received my complaint That way I could use that to my advantage as what they sent to me was not actual proof that they owe "MY " debt and sent a standard letter back that they were assigned cases from the bank in general and they had a bunch of stuff they blacked out on it- and I got back a  credit card statement of mine from the credit card they pulled somewhere that they sent) l  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

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Good Luck. I am in Florida also. I am just learning as well. I can't wait to gain enough knowledge to be of help to others.

My advice to you is to read as much as you can. I have learned so much from the other post on this board. The members here are amazing.

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@credit2011

 

I though a DV was still good to be requested and that is what I did when I received my complaint

 

 

A DV has nothing to do with whether or not a JDB owns the account.  It's used to confirm the name of the creditor (in this case, a JDB) and the amount owed. 

 

But you did no harm in sending the DV.

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Did Midland send you a notice that the debt was assigned to them at least 30 days before the date the lawsuit was filed? If they can't prove that they sent that, there is case law in Florida that can help get it dismissed. Also I believe Midland is a nonresident corporation of Florida, so you can also file a notice of intent to dismiss for failure to file a nonresident bond. You have to give them 20 days notice so that's what the notice is about. They have 20 days to file their bond or you can move for dismissal on that basis as well.

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Law kitty how would I go about requesting those things as well. I'm working on my reply today and am going to post it up as well spikey has been very helpful with this process and was told you law kitty were one of the ones to look for. I've heard great things about you

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You don't request the notice of assignment. Either they sent it or they didn't. But it's up to them to prove they actually sent it. Can you post a copy of the Complaint and what they attached to it? Make sure to cover up any personally identifying information as this is a public forum. In order to help with an answer and affirmative defenses, I'd need to see what causes of action they are suing you on.

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Ok, I saw you already posted the complaint. I need to see what they attached along with the complaint. Generally it's some bill of sale from the original creditor, sometimes an affidavit, and some account statements.

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They just sent me an old statement. I will upload shortly I'm at work and responding via my phone. But it was nothing more then an old statement

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Here's a copy of an answer I filed for another client that's being sued by Cach. It includes affirmative defenses for Account Stated and Unjust Enrichment. Usury might not apply in your case and this would need to be adapted to fit your particular case, but it might be a start.

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I think there is case law on both sides. Lately the trend seems to be on the side of it being a "written agreement" as less JDBs are filing lawsuits that could possibly be out of SOL and trying to get them to produce a signed agreement or even the current agreement when the account went into default is like trying to nail Jello to the wall.

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@LawKitty

 

Thanks for your response.  The reason I asked is because I like #11 under Unjust Enrichment.  In states where the law defines a credit card account as a written agreement, that response could help some other posters if they have supporting case law.

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@LawKitty

 

I should have added this question to my previous post.  Sorry.

 

If there is case law in state courts that shows that conduct (charges and payments) can IMPLY a contract, how would you apply the response in #11?

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Law kitty i just saw the response you have written. Is it ok to just generally deny multiple allegations like you have defen deny's para 12345 etc....

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