ryan0009

Midland Funding drops 18K case against me

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I just wanted to thank everyone that posts in these forums.  This is my first post but by reading everyone's advise I was able to get Midland Funding to dismiss their case against me.  Midland was suing me for a little over 18K in IL.  With help from these forums I was able to file my appearance, my answer, and send in my discovery.  Midland and their attorneys never answered my discovery requests and on Friday I received their motion to dismiss, without prejudice of course.

 

One thing I have to mention was how sad it was in court to watch the other people being sued getting taken advantage of by Midland.  When I walked into court there was a lady with a desk of the side of the bench.  She had a copier/printer and a large stack of files.  It looked like she was a court employee.  She would walk up to the people entering the court and ask to see their paperwork.  If it said Midland on it she took the paperwork away from them. told them to take a seat, and wait to be called. This was an assistant for Midland's lawyer.  

 

Midland's lawyer would then call everyone one by one and quickly say that she was the lawyer for the plaintiff. She would then ask them if they owed the debt.  The people were obviously confused and each one said that they think it was a credit card, loan, etc that they had before.  The lawyer would then hand them a piece of paper and tell them that if they agree this was a debt they had then they need to sign it.  You could tell that each person was confused and thinking that someone from the court was telling them to sign something.  They would then sign the paper saying the owed the debt and their case was over.  Judgement for Midland.  

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Good job. It goes to show that they do not always fight hard over the larger dollar amounts. They are looking for fast easy money from victims who won't fight back. Congratulations.

 

Your post also goes to show that sending discovery was a smart idea.

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Illinois has very consumer friendly laws, but if you don't put up a fight you will get steam rolled. Glad you stood up for yourself and won.

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first post makes me want to punch something. thats disgusting.

 

bravo OP on your victory

 

I know ......... right?

Makes me wonder what we're doing here...

 

:PartyTime:

:multibounce::BigDance:      

 

Good on ya ryan0009

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I figured people were doing a good job here and that's why the OP never needed to post questions. First post was to report a victory.

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Not to rain on your parade, but it will probably be sold off and the fight with another JDB will start before long.

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Congrats!  ::USA::

 

Every person who fights and wins is one less victim. Remember to pay it forward when you see others posting from IL!

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Not to rain on your parade, but it will probably be sold off and the fight with another JDB will start before long.

Sell it on down the line and dilute the records. Illinois law requires a full accounting of the title chain, thanks to the second Unifund v. Shah appeal.

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Not to mention anyone that buys accounts from Midland is going to be at the bottom of the barrel. These third and fourth tier JDB might speak loudly but they carry a very small stick. The only exception would be if Midland sells the account to one of their other companies like Asset Acceptance. 

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I just wanted to thank everyone that posts in these forums.  This is my first post but by reading everyone's advise I was able to get Midland Funding to dismiss their case against me.  Midland was suing me for a little over 18K in IL.  With help from these forums I was able to file my appearance, my answer, and send in my discovery.  Midland and their attorneys never answered my discovery requests and on Friday I received their motion to dismiss, without prejudice of course.

 

One thing I have to mention was how sad it was in court to watch the other people being sued getting taken advantage of by Midland.  When I walked into court there was a lady with a desk of the side of the bench.  She had a copier/printer and a large stack of files.  It looked like she was a court employee.  She would walk up to the people entering the court and ask to see their paperwork.  If it said Midland on it she took the paperwork away from them. told them to take a seat, and wait to be called. This was an assistant for Midland's lawyer.  

 

Midland's lawyer would then call everyone one by one and quickly say that she was the lawyer for the plaintiff. She would then ask them if they owed the debt.  The people were obviously confused and each one said that they think it was a credit card, loan, etc that they had before.  The lawyer would then hand them a piece of paper and tell them that if they agree this was a debt they had then they need to sign it.  You could tell that each person was confused and thinking that someone from the court was telling them to sign something.  They would then sign the paper saying the owed the debt and their case was over.  Judgement for Midland.  

First, congratulations! There's a surprising satisfaction to beating Midland I hope everyone here gets to experience once; twice, if you bring a FDCPA suit.

 

Second, can anything be done about this travesty? (@lheart) Can you complain to your attorney general, the bar association, the Consumer Financial Protection Bureau, a newspaper reporter, or anyone else? 

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Thanks everyone for the comments.  Spikey's posts (I'm also in St. Clair county) and especially his topic regarding Asset Acceptance were ones that helped me a lot.  So did just taking the time to read the Illinois Code of Civil Procedure.  If they sell the debt than I will just start over.  Heck, Midland didn't even have the original account number in the complaint or Affidavit and they were already the second one's to buy the debt.  I'm moving to California soon so hopefully their laws are as good as Illinois.

 

As to doing something about the situation in the court room, I don't think that is going to change.  It seemed like Midland's lawyer was fairly chummy with the judge.  Their law firm has had over 9,000 cases in St. Clair county.  Plus I don't think they were technically doing anything wrong.  The said up front that they were the attorney for the Plaintiff and just asked the Defendant if they agreed to sign a document saying they owed the debt at one time.  What was sad was that they lawyer was taking advantage of poor people who don't know the rules, can't afford a lawyer, and probably don't have the capabilities to get help from a website like this.    

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  I'm moving to California soon so hopefully their laws are as good as Illinois.

 

Come on over and get sued in Cali, we got you covered here. And a Calawyer.

 

Not that you're not covered well where you are.

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As to doing something about the situation in the court room, I don't think that is going to change. 

 

It might change ....... I, just today, got a letter including me in a class action settlement against Midland Funding, LLC and Encore Capitol Group for FDCPA  as well as common law and consumer statutes violations.

 

 

" The Defendants paid $5.2 million to settle the case. Of that amount, approx. $1.2 million has been spent on settlement administration and $1.5 million has been requested by class counsel as attorneys' fees. The remainder of approx. $2.5 million will be shared equally among those class members who timely return a claim form."

 

....... "The Court has also issued an injunction against Midland"

 

Andrea Brent v. Midland Funding, LLC, et al., Case No. 3:11-cv-1332; and related cases:

Martha Vassalle, et al. v. Midland Funding, LLC, et al., Case No. 3:11-cv-0096;

Hope Franklin and Thomas Hyder v. Midland Funding, LLC et al., Case No. 3:10-cv-0091; and

Midland Funding, LLC v. Andrea Brent v. Midland Credit Management, Inc., Case No. 3:08-cv-01434.

 

 

More people fighting back ........ ::USA::

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It might change ....... I, just today, got a letter including me in a class action against Midland Funding, LLC and Encore Capitol Group for FDCPA  as well as common law and consumer statutes violations.

 

 

" The Defendants paid $5.2 million to settle the case. Of that amount, approx. $1.2 million has been spent on settlement administration and $1.5 million has been requested by class counsel as attorneys' fees. The remainder of approx. $2.5 million will be shared equally among those class members who timely return a claim form."

 

....... "The Court has also issued an injunction against Midland"

 

Andrea Brent v. Midland Funding, LLC, et al., Case No. 3:11-cv-1332; and related cases:

Martha Vassalle, et al. v. Midland Funding, LLC, et al., Case No. 3:11-cv-0096;

Hope Franklin and Thomas Hyder v. Midland Funding, LLC et al., Case No. 3:10-cv-0091; and

Midland Funding, LLC v. Andrea Brent v. Midland Credit Management, Inc., Case No. 3:08-cv-01434.

 

 

More people fighting back ........ ::USA::

Very nice.

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Very good job. I lost to the chummy lawyer , but am in the appeal process. I encouraged all the people I talked to in AZ to write the AG and complain about these JDB'sclogging up the court system.  Also with these bogus affadavits. If people make noise like they did in Minnesota, thingsget change.

 

When good men do nothing, evil prevails!!!!!!!!!

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I wish there was more we could in Illinois, as I mentioned before the laws are very favorable and many cases can be tossed from the get go just based on the low quality of the JDB complaints. Particularly when it comes to lack of attached evidence.

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