tkoman Posted February 14, 2014 Report Share Posted February 14, 2014 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC 2. What is the name of the law firm handling the suit? Gamache and Meyers 3. How much are you being sued for? About $7,000.00 4. Who is the original creditor? Suit states "Webbank" - the attached paper workis from Dell Financial. 5. How do you know you are being sued? Served 6. How were you served? In person by Sheriff. 7. Was the service legal as required by your state? Yes, but still looking into it- the suit was initiated in another county in June of 2013 so not sure what tookthis long to serve. 8. What was your correspondence (if any) with the people suing you before youthink you were being sued? Never heard of them. 9. What state and county do you live in? Missouri 10. When is the last time you paid on this account? Most likely August 2009 11. What is the SOL on the debt? To find out: 5 Years on Open-Ended 12. What is the status of your case? Suit served? Motions filed? Service wasconducted only. 13. Have you disputed the debt with the credit bureaus (both the original creditorand the collection agency?) No - this is first notice 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? Almost a full 60 days and thesummons says to personally appear and that I may file a responisve pleading (seebelow) Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements fromthe OC? Contract? List anything else they attached as exhibits. An affidavit froman employee of Midland, and what appears to be a list of charges from DellFinancial 17. Read this article: OK! Done.... __________ I posted quite a while back when this suit was filed and it took them awhile to find me, but they did - since I haven't moved or anything in the last three years - no idea why it took so long but I will explain that in a bit. I have been sued by Midland Funding represented by Gamache and Meyers in St. Louis, Missouri. I had a Dell account that I stopped paying in 2009 due to extreme financial hardship (loss of home, job, etc. all at once). It was sent to collections and now bought by JDB. I am attaching redacted copies of the petition served to me. One of my early observations is that the petition (note that it is the first “Ameneded” sic) states that I entered into a contract with “Webbank” but the attached documentation is from Dell Financial LLC. It is not immediately clear of the relationship of the two. An affidavit was attached from an employee of Midland Credit Management stating she is aware of the Plaintiff's business practices. Attached was a list of charges/interest etc., from Dell financial. I did not scan that as it is just a vague statement of charges with my name at the top. I have read Cach LLC and will be listening to the oral arguments made in preparation for my defense. I also have visited my local courthouse and pulled every disposed case in this and adjacent counties. Of those cases I noticed that 99% were default judgments. The other few were either “consent judgments” or the defendant hired an attorney which resulted in a quick dismissal. No pro se defendants in the last few years here. However, I am not from here - I successfully defended myself against LVNV funding in Florida as a pro se defendant, but I am not as familiar with Missouri rules of civil so I will have to be working over time on reading the local rules, but templates, successful strategies, etc would be great. I have bookmarked a few of the Missouri threads here and read them thoroughly – I also have read through the paperwork of the attorneys here that filed in the suits. My first strategy is to hold off on the answer and possible affirmative defenses – in MO (and by MO that I mean in my VERY small town and small county which in and of itself poses logistic problems to Plaintiff - nearest attorney for them to hire is 25 miles away - nearest airport.... 4 hours) looks like most of the time these are not even filed but I have to show up in court in roughly 60 days – I think I would want to file the Answer at that time and proceed from there. My initial thoughts are to attack standing aggressively (how I won in Florida) and also attack the amount allegedly due. Thanks so much in advance for any advice help, opinions etc. I will keep this updated. Produced_by_convert-jpg-to-pdf.net.pdf Quote Link to comment Share on other sites More sharing options...
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