Midland Funding and Farrell & Seldin in Colorado

[mw4 0]

I received a summons and complaint from Farrell & Seldin representing Midland Funding for a Household Financial account.  I am in the process of filing my answer but I am not exactly sure what to put.  I have never received anything in the mail from Midland Funding.  They have called 2 times - once in 2013 and once in 2014.  Both times I requested proof or confirmation of debt, they never sent anything.  They kept referring to documentation sent in 2012 that I do not recall ever receiving.  Midland Funding was showing on my credit report but I disputed it and after 30 days I received notification it was removed because Midland Funding never responded.  Then in April of this year I received a letter from Farrell & Seldin stating they were collecting on the debt.  I sent a certified letter to them requesting proof of the debt.  All that they sent me was an Affidavit of Debt signed by someone with Midland Funding.  The affidavit only lists an account number and a balance but nothing I have ever signed or proving that it belongs to me.  Farrell & Seldin say the Affidavit of Debt is all they are required to provide unless this goes to court.  Based on the lack of documentation and the inability to provide information to the credit bureau I believe it is best for me to file an answer to the summons based on insufficient evidence.  My question is, based on the above information would it be best to fight back against Midland Funding?  I know that Colorado's court system can be difficult.  Any input would be greatly appreciated!!

[RyanEX 895]

Welcome to the board! We have a few Colorado members that will help you out with the nuances of your state. Top priority is to make sure you answer the complaint on time. The JDB business model depends on defendants giving up with little or no fight. I think you're already getting the idea that they probably don't have the paperwork to win a properly fought battle.

 

Answer these questions, copy and paste it all back in this thread so the board can get the details and be in better position to help. I recommend being vague/fudging some details (but not dates) in some of the responses.

[shellieh98 1,505]

answer the questions that ryan gave the link to above.  and no you don't answer based on insufficient evidence, you should answer with a denial, then something like "documentation of the alleged account is insufficient for defendant to aver the truth of the matter, therefore denied.  You will need to put somehting after the denial like that. What county are you in? As far as the courts being difficult, it can be, or it can be easier, depending on what they have.  Here we don't have traditional discovery, only disclosure unless ordered by the court.   Unless it is district court, they rarely grant it. Post the complaint taking out your personal info, as well as anwser those questions. (or you can type it out)

[mw4 0]

Thank you! I will get the requested information together and post it

[mw4 0]

1.  Who is the named plaintiff in the suit?  Midland Funding

 

2.  What is the name of the law firm handling the suit?  Farrell & Seldin

 

3.  How much are you being sued for?  $4000.00

 

4.  Who is the original creditor?  Household Finance

 

5.  How do you know you are being sued?  Served a summons

 

6.  How were you served?  In person

 

7.  Was the service legal as required by your state?  Yes

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

From Midland - only ever received 2 phone calls, 1 in 2013 and 1 in 2014.  In both conversations I requested confirmation of the debt but they were never able to send it to me.  During the conversation in 2014 the person claimed some type of account information was sent to me almost 4 years prior.  I do not have anything from Midland, I requested it be resent and they were unable to do this

I received notification from Farrell & Seldin that the account had been turned over to them.  Within 30 days of the notification I sent a certified letter requesting confirmation of the debt, all that was sent to me was a signed Affidavit from someone with Midland.  Shortly after this was received the summons was served. 

 

9.  What state and county do you live in?  Colorado, Arapahoe County

 

10.  When is the last time you paid on this account?  I don't recall this account or making payments

 

11.  What is the SOL on the debt?  6 years in Colorado

 

12.  What is the status of your case?  Summons served, have to file answer before July

 

13.  Have you disputed the debt with the credit bureaus?  Yes, original creditor was not showing on credit report only Midland.  I filed a dispute and after 30 days Midland was removed from my credit.  Last report pulled in May and Midland is not listed

 

14.  Did you request debt validation before the suit was filed?  Yes, by phone with Midland and in writing with Farrell & Seldin.  Farrell & Seldin provided me with the attached affidavit from Midland

 

15.  How long do you have to respond to the suit? Answer to summons has to be in before July.  Copy of summons attached

 

16.  What evidence did they send with the summons?  No evidence was provided with summons

[shellieh98 1,505]

was the affidavit signed? it is blank here buy you may have taken the signature off.

They don't have much lol. ill get back to you

[mw4 0]

Yes it was signed by someone with Midland named Lisa.  That was my thoughts exactly - they don't have much!!

[shellieh98 1,505]

So the rules here are a little different.  start reading the rules of civil procedure for colorado. (google them, they are on lexis nexis)  File a general denial, then on your court date, I would still show up unless they tell you you don't need to.  We don't have discovery, but disclosure, so read up on disclosure. rule 26.  You will be better off to request disclosure, and send yours first, as it will limit the time they have to respond.  You court date will set when a trial is, usually a few months out.  If they try and send you discovery, don't answer it without coming here first.  If they file a motion to appear by telephone, you will want to oppose it, and only have 5 days to do so. 

they should have included a answer form, if not, there is a link in the rules of civil procedure, or you can make your own, there is a template in the forum above that has sample docs.

[mw4 0]

Do I request disclosure before my court date or after?

 

When I give my answer on the initial summons, I should follow the direction you gave yesterday and put something like "Denied.  Documentation of the alleged account is insufficient for defendant to aver the truth of the matter, therefore denied."  Is that all I should put?  I was going to mail my answer to the summons certified mail to the courts and a copy to the attorney.  Once I mail it, it would also be best to show up on the court date?  Will Farrell & Seldin typically come too - if they have already received a copy of my answer?

 

Is the Affidavit from Midland all they are required to provide me with legally?  Shouldn't they have to provide something that proves this debt belongs to me?

 

Does it help me at all that it is no longer on my credit report after I filed the dispute?

 

I apologize for having so many questions...I just want to make sure I do it right.

[shellieh98 1,505]

Can you mail it? How do you pay the court fees if you mail it? It has to be stamped and filed, I don't know if you can mail it.

They don't have to provide you with any thing else to file, but will need quite a bit more to win. We are also at a disadvantage here because they can file everything electronically, while we have to do it in person.. But that might be different in different counties, so I would check your local court website to see

[mw4 0]

I called the courts and they said it can be send via certified mail to them and the attorney for Midland.  She said payment can be done by check, money order or cashiers check.

 

Do they have to provide me copies of anything they file electronically?

[mw4 0]

I have one other quick question - on the answer form I am completing it says -

The Defendant:

Requests a trial to the court

Requests a jury trial

 

Do I select Requests a trial to the court?  I do I not select either?

Thank you for all of your input!

[string 242]

I called the courts and they said it can be send via certified mail to them and the attorney for Midland.  She said payment can be done by check, money order or cashiers check.

 

If filing by mail, I would include an extra copy and a self-addressed, stamped envelope for the clerk to return a copy filed-stamped.

[mw4 0]

Thank you, I will do that!

[shellieh98 1,505]

I called the courts and they said it can be send via certified mail to them and the attorney for Midland.  She said payment can be done by check, money order or cashiers check.

 

Do they have to provide me copies of anything they file electronically?

They are supposed to send you a copy of everything they file with the court.  some will mail it late, and the judge will have already granted the order, if it is something you would have opposed, you will need to send the opposal anyway, and notify them you were not notified timely as your reason for the late response.  My court I can't look up anything online to see if they filed anything, I have to go to the court, but your court may be different. I would check it every so often if you do have access to be sure they don't pull a fast one.

[shellieh98 1,505]

oh and yes you select a court trial, and no to the jury trial.  It costs more, and probably would not be of a benefit.

[mw4 0]

Just to make sure I understand - does the Plaintiff's counsel usually show up at the initial court date if an answer has been submitted to the summons?  If I do not go to the initial hearing is there anything important I miss out on?  I want to make sure I cover all my bases so if it is important to show up at the initial date, even though my answer has been submitted, then I will.  Any input on this initial court date would be great!!

Thank you!

[mw4 0]

Can you take a look at the completed Answer Under Simplified Civil Procedure form that I have attached?

In the box stating "Attorney or Party Without Attorney (Name and Address): - Do I put my info or the Plaintiff's attorney?

The only other line I completed is #1 - I have left all others blank

 

I appreciate your help!

[littlebuddha2 2]

Can you take a look at the completed Answer Under Simplified Civil Procedure form that I have attached?

In the box stating "Attorney or Party Without Attorney (Name and Address): - Do I put my info or the Plaintiff's attorney?

The only other line I completed is #1 - I have left all others blank

 

I appreciate your help!

i have a similar situation and similar questions so i'm following this thread. you mention you attached a  completed "Answer Under Simplified Civil Procedure that i have attached".... am i missing something in this thread where people attached documents? i can't see or find this?

[shellieh98 1,505]

@littlebudda2 no its not there.  Start your own thread for help, each case is different. good luck.

[shellieh98 1,505]

@littlebudda2 no its not there.  Start your own thread for help, each case is different. good luck.

[mw4 0]

I actually took the attachment off cause I figured out the answer to my own question, I thought I deleted the post but I guess not.

I submitted my answer yesterday so now I wait...I think

[mw4 0]

I have submitted my answer to the court.  Reading previous posts should I go ahead and request disclosure - even though a court date has not been set?  Do I request disclosure from Midland or do I send it to their attorney?