I'm being sued by Midland Funding OKLAHOMA CITY

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I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you.  Bellow is the copy of the  affidavit


Affidavit of indebtedness



         Kassy Schlichting, whose business address is 16 Mcleland Road Suite 101, St. Cloud, MN 56303, certifies and says:


1.   I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf.


2.   I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following:


3.   MCM's records show that the defendant(s) owed a balance of $1198.04 as of 2014-03-05.


4.   On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account.


5.     Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21.


6.   If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein.



             I certify under penalty of perjury that the foregoing statements are true and correct.



Date     MAR 14 2014 




                                                                         signed by Kassy Schlichting








signed and sworn to (or affirmed) before me   MAR 14 2014 by Kassy Schlichting.




                                                                       Notary Republic signed it


                                                                         my commission expires Jan 31, 2018


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Could you post the complaint? That's what you need to respond to, not the affidavit.

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Ok here is a copy of the complaint. 




COME NOW the plaintiff and for cause of action against the Defendant alleges and states:


1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid. If you notify this law firm, Love, Beal and Nixon, P.C., in writing, within the 30 day period, That the debt, or any portion thereof, is disputed, our law firm, Love, Beal and Nixon, P.C., will obtain verification of the debt and a mail the copy of the verification to you. Upon your written request within the 30 day period, our law firm, Love, Beal and Nixon, P.C., will also provide you with name and the address of the original creditor,if different from the current creditor.This is a communication from a dept collector. This communication is an attempt to collect a dept and any information obtained from this communication will be used for that purpose. 


2. GE Capital Retail Bank, provided credit to the defendant on a written credit card account with an  account number of xxxxxxxxxxx. This indebtedness arising therefrom has been duly assigned to MIDLAND FUNDING LLC,  , plaintiff herein. The Defendant defaulted from the obligation required under the contract.


3.After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $1,198.04. An affidavit of an account or contract is attached and incorporated by reference..


WHEREFORE, Plaintiff plays for judgement against the defendant in the sum of $1,198.04, all cour cost and reasonable attorneys fee, and for such other and further relief as to this court may seem equitable, just and proper.

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Well this what i came up with. Can the members review it and please let me know what I'm missing. Thanks


                                                                                                   DEFENDANT'S ANSWER.


1. Plaintiff's paragraph one does not allege any claims and therefore no response is required but pursuant to its statements regarding its obligations under the Fair Debt Collection Practices Act, Defendant disputes the validity of the debt and demands strict proof thereof.


2. Plaintiff's paragraph two and three. Defendant denies allegation that I refused to pay the amount owned on the account or that I owes any amount of money to the Plaintiff and demands strict proof thereof.


     WHEREFORE, premises stated, Defendant prays the Plaintiff take nothing by way of its petition or its prayer for relief.


                                                                     AFFIRMATIVE DEFENSES

3. Some or all of the claims asserted by the Plaintiff are barred by the statute of limitations, laches, estoppel, unjust enrichment, unconscionable and/or unclean hands.


4. Defendant disputes the alleged debt and its amount are owed to the Plaintiff and requests debt validation.


5. Defendant has failed to provide an accurate accounting of the alleged debt.


6. Defendant does not owe the alleged debt to Plaintiff.


7. The plaintiff does not have standing to collect upon the alleged debt.


8. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. 

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@paramountlaw you are welcome to offer suggestions here for the posters. It is not ok however to solicit or advertise on this great site. They welcome attorneys that want to throw their 2 cents in, but please be respectful, if you want to advertise, you need to pay for a banner up top.

@admin @BV80

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