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Being sued by Midland Funding TN

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I got a summons a week ago from Midland Funding to appear in court Aug 29th,

attached is a affidavit from Jessica Vogt from MN, saying she is employed as a legal specialist by Midland Credit Management.

saying plaintiff is the current owner of, and /or successor to , the obligation sued upon, and was assigned all the rights, title and interest to defendants GE CAPITAL BANK last four digest of  acct # MCM act #

I have access to and reciewed the electronic records pertaining to the acct and am authorized to make this affidavit on plaintiffs behalf. so and so

 

I live in TN Jessica lives in MN , no lawyer listed just the person that served they r from Ky

 

Yes, I owe this debt but they are showing 387$ more then I owe, I am a single partent with two kids and could not make payments. I stopped making payments 6/2012.

 

I never heard of Midland Funding until I got the summons, they never tried to contact me about the debt.

I got my credit report and Midland is on the report showing bal 1587$, it looks like they got the debt Dec 2013.

 

Credit report for the debt is Walmart charged off 1250$, but it show 1587$, 0 bal, also says sold/transfered

does the mean they sold it for 337$

 

I was talking with a different collector about a settlement for the same debt and never heard back from them.

 

What can I do now, please help

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I'm confused, your profile says you are in ca? Did you recently move to tn?

The last pinned topic in this forum has some questions, if you could answer those, it will help us help you. Cut and paste here.

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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for? 1,578$

4. Who is the original creditor? (if not the Plaintiff) Ge Capital Retail Bank

5. How do you know you are being sued? (You were served, right?) Served

6. How were you served? (Mail, In person, Notice on door) in person to my spouse, I was not married at time of debt,

7. Was the service legal as required by your state? i think so

8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, they never contaced me, I was dealing with other collector Lending ?

9. What state and county do you live in? TN, Davidson, moved from CA, debt was in CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/2012

11. What is the SOL on the debt? To find out: CA 4 yrs TN 6 yrs

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Called court house don;t have to reponsed by letter, just show up in court.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.  Did not, I never heard of Midland til i got summons

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  don't need to

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. an affidavit only from Jessica Vogt from MN

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To start out you will want to fill out this form.  http://www.tncourts.gov/sites/default/files/docs/final_-_sworn_denial_0.pdf (No need to fill out question #4)

 

Find a notary at the court house and have them witness you sign it. Then turn it in at the county clerk's office. It should only cost a few dollars and you will need to pay in cash. Keep a copy for yourself and mail another copy to whoever is suing you. You will need to mail it using CMRR. (I think it cost $6.00)

 

What this will do is keep them from getting a default judgment against you which is how they win 95%+ of their cases. Your first court appearance will just be a hearing where you will request a trial date. 

 

Between now and your hearing date you will want to figure out your next steps.

 

1. You can settle which I would never suggest when dealing with a JDB. Even if the original debt is your you never borrowed anything from Midland. 

 

2. You can study your local court rules and procedure and fight them. This isn't for everyone but it can be done.

 

3. You can study up on how arbitration works and request arbitration instead of court.

 

4. You can hire an attorney which may be difficult because of the small amount of the debt. I would at least contact an attorney with FDCPA experience and get a free consultation.  A good attorney might be able find some FDCPA violations and help you turn the table on them. An excellent FDCPA attorney in your area is @TNConsumerLawyer

 

Try to relax and not get any more upset right now. Then file the sworn denial and work on your next steps. Just do not procrastinate! 

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Credit report for the debt is Walmart charged off 1250$, but it show 1587$, 0 bal, also says sold/transfered

does the mean they sold it for 337$

 

The $337.00 is a big reason to contact an FDCPA attorney. This isn't what they paid for the debt. They probably paid more like $25.00 - $35.00 for it.

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I can not afford to go to court twice, once to file this form the other to apear in court. I owe the 1,250, I want to pay my debt but it will take longer to do so. Midland wont wait that long.

 

What do u think of just calling Midland and try to do a settlement, I can barrow some mone from family to do this.

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You don't legally owe Midland Funding, LLC anything.  You're being sued by Morgan & Pottinger out of Louisville, KY on a debt that Midland will not provide a chain of title for because they can't.  In fact, they don't even have standing to legally sue you under the TCSA in Tennessee.

 

I cannot solicit on these pages and I'm not.  I will say that you'd be well advised to pay an attorney half of what you think you owe Midland.

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How can a lawyer go to court and say I don't owe anything, when Walmart sold it to Leading Edge collector, I told them I could pay later I just did not have the money at that time, that was Nov 2013.  On my credit report now it show midland owns it Dec 2013. Midland never called just sent a summons.

I can't afford a lawyer

I was going to offer Midland 300$ that more then 25%

I can't find a lawyer for 300$ or I would.

after this one case is over there is another one waiting in the wings from same Lawyer different collector Recovery for 2283$

 

What can a lawyer do that I can't do, I just don't know the law.

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I can not afford to go to court twice, once to file this form the other to apear in court. I owe the 1,250, I want to pay my debt but it will take longer to do so. Midland wont wait that long.

 

What do u think of just calling Midland and try to do a settlement, I can barrow some mone from family to do this.

 

If you want to settle I have no experience with that. GE Capital is the company you borrowed the money from. If they still owned the debt then I could see why you would want to pay them back.

 

I'm assuming you never borrowed money from Midland and the question is if they have the legal right to collect from you. Even if they could prove ownership can they prove how they legally added interest and fees to the original amount? 

 

If you don't at least do the basics of filing a sworn denial and attending the hearing they will get a default judgment against you. Then they will either garnish your wages and/or go after your bank account. On top of this they will keep adding interest and fees. 

 

If you don't feel like you can fight these by yourself I would at least get a free consultation from an experienced FDCPA attorney. Like I said an attorney might be able to work something out with you. I'm not trying to be difficult, but please realize the Midland attorneys will run over you if you are not prepared. They don't care what your personal situation is. You are just a number to them and every number they see is a potential commission check. 

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What can an attorney do that you can't - get it dismissed because they know opposing counsel and opposing counsel knows it isn't worth the time to sit in General Sessions all day just to lose.  You may being able to retain an attorney for both of these matters for what you would pay these debt buyers that do not have an admissible chain of title.

 

What you're missing here is that the burden of proof is on Midland to prove that you owe them and they can't do it under the Rules of Evidence.  If you settle this, the date of last activity will be updated to the date you paid on your credit reports, your credit scores tumble, and there is nothing preventing them from selling the balance that wasn't settled (this does happen).

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What can an attorney do that you can't - get it dismissed because they know opposing counsel and opposing counsel knows it isn't worth the time to sit in General Sessions all day just to lose. 

 

 

This is exactly true.  In 2011, Prof Mary Spector wrote an article titled "Debts, Defaults and Detail,"  in the Virginia Business and Law Review.  In the debt collection cases she studied, the collection agency voluntarily dismissed their case 75% of the time once they saw a debtor had hired a lawyer.

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This is exactly true.  In 2011, Prof Mary Spector wrote an article titled "Debts, Defaults and Detail,"  in the Virginia Business and Law Review.  In the debt collection cases she studied, the collection agency voluntarily dismissed their case 75% of the time once they saw a debtor had hired a lawyer.

 

A similar statistic of a 75% dismissal was just quoted in the federal lawsuit filed against the Hanna law firm in GA.  The CFPB and Attorney General noted that in 75-80% of the cases where the defendant hired a law firm Hanna dismissed the complaint.

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