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Sued by Midland Funding in WI on alleged Chase debt


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Been lurking here for about a week - ever since I found out I was being sued and happened across this forum on google searches. Love it! The advice you have given has really helped calm me down about this and given me the confidence to fight this. But since it seems like those who ask for help here get good advice, I thought I would step forward.

 

1. Who is the named plaintiff in the suit? Midland Funding LLC by its servicing agent Midland Credit Management Inc
2. What is the name of the law firm handling the suit?  Kohn
3. How much are you being sued for? ~$5k
4. Who is the original creditor? Chase 
5-7.
Service seems legal
8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't remember seeing anything.
9. What state and county do you live in? Wisconsin
10. When is the last time you paid on this account? I don't know if the account is mine. No dates or supporting info were submitted with complaint.
11. What is the SOL on the debt? 6 years
12. What is the status of your case? Suit served, appeared in court before a commissioner today, claimed insufficient knowledge, adjourned for 60 days so Atty can come up with some documentation. Though none was required, I filed a written answer with the clerk immediately after the hearing. Nothing else has been filed.
13. Have you disputed the debt with the credit bureaus? No
14. Did you request debt validation before the suit was filed? No, notice was first communication I remember receiving about this matter.
15. How long do you have to respond to the suit? As far as I'm aware, I only need to appear at the hearing with the commissioner in 60 days. I have received no other paperwork from the attorney thus far. Since he submitted no supporting affidavits with the complaint, I assume they were counting on me not showing up.

Complaint (paraphrased):

1) Plaintiff

2) Me

3) OC is Chase & acct # is XXXXXXXXXXXX & defendant obtained goods & services ... blah blah

4) Plaintiff is in the business of purchasing debt... blah blah

5) As successor in interest to the OC, plaintiff is entitled to collect ... blah blah.

First Cause of Action

6) Plaintiff realleges 1-5

7) Defendant agreed to be bound by T&C of Credit Agreement

8) Defendant defaulted under the terms of said Credit Agreement by failing to make payments ... blah blah

Second Cause of Action

9) realleges 1-5

10) The OC provided statements to the defendant evidencing the credit account activity.

11) Defendant retained statements without making written objection thereto.

12) Defendant has failed to pay the amount .. blah blah

Third Cause of Action

13) realleges 1-5

14) The OC conferred a benefit upon the defendant by providing various goods and services ... blah blah

15) The defendant was unjustly enriched by retaining the benefit ... blah blah

Damages

16) The current balance due as of DATE is AMOUNT

17) The defendant refuses to pay this debt despite due demand having been made by plaintiff.

16. What evidence did they send with the summons? Nothing.

 

I'm looking for help on how to proceed. Summons said I had to appear in person today and that no written answer was required. I went to the hearing and plead that I did not have sufficient knowledge or information to form a belief about the complaint. The commissioner adjourned and asked the attorney to get me some statements before the return date (60 days). I then went to clerk and filed the written answer I had prepared in case it was needed.

 

What happens next? It sounds like I'm supposed to wait on this documentation from the attorney, but do I take advantage of the time and submit my own Request for Production of Documents to get that process going? Was it wrong of me to submit a written answer? Did I mess up in my answer?

 

For reference, here is my answer:

------------------------------------------------------------------

ANSWER OF THE PLAINTIFF
Defendant, appearing pro se, for its reply to the Complaint naming MIDLAND FUNDING LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein.

ANSWERS 

1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

2. Admit.

3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1)

4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

6. As to the incorporated reference of paragraph 1: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. As to the incorporated reference of paragraph 2: Defendant has previously Admitted that averment. As to the incorporated reference of paragraphs 3, 4, and 5: Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments.

7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

9. As to the incorporated reference of paragraph 1: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. As to the incorporated reference of paragraph 2: Defendant has previously Admitted that averment. As to the incorporated reference of paragraphs 3, 4, and 5: Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments.

10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

11. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

12. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

13. As to the incorporated reference of paragraph 1: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. As to the incorporated reference of paragraph 2: Defendant has previously Admitted that averment. As to the incorporated reference of paragraphs 3, 4, and 5: Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments.

14. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

15. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

16. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).
17. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment per Wis. Stat. 799.20(1).

 

DEFENSES
1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

2. Defendant claims Lack of Standing, as the Plaintiff has not provided a chain of ownership and, therefore, has not proven legal standing to sue.

3. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

4. Plaintiff did not serve a "notice of Right to Cure" 15 days prior to suit as stated in WI Stat. 425.104 & 105

5. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

6. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account nor provided writings evidencing all transactions of the alleged account as stated in The Wisconsin Consumer Act, Wis. Stat. 425.109(2)

7. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

8. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

9. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.
 

Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not.

-----------------------------------------------------

 I really appreciate all of the help everyone has already given. Thank you.

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Your answer was fine. Is this small claims?

You need to google your states rules of civil procedure, and search out discovery. See if you are allowed to send requests, or if you have flat out disclosure. If discovery is allowed, we can tell you what to ask for, if it is disclosure, we can show you how to refute it. You will have to wait until they send it to you. If you can send discovery, I would do it in the next few days so you have time to compel if you need to.

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Yes, small claims since it's under $10k. 
I tried to glean what I could from the WI Guide to Small Claims (http://www.wicourts.gov/formdisplay/SC-6000_instructions.pdf?formNumber=SC-6000&formType=Instructions&formatId=2&language=en), but it's utterly unhelpful. I'll search out the states rules for civil procedure posthaste.

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  • 3 weeks later...

In case you are interested reading the 

Credit Card Purchase Agreement  between Midland Funding and Chase 

It doesn't have dates or such, but can be assumed that it's the standard agreement they use.

 

http://dalie.org/wp-...10549-as-is.pdf

 

if you don't want to download 15 pages long pdf use this link instead to open it in the web browser:

http://goo.gl/cBa9gr

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