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Midland now has my Citi account.......


BeachesandBeer
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So I get a letter from Citi saying that Midland bought my account, letter dated July 1st.  They have been calling alot but still have yet to notify me themselves and ask if I want to validate the debt. I thought they have to contact me within 7 days of calling by mail or does the Citi letter satisfy that? Is it a violation to continue to contact me without first sending the letter?

 

I assume they will sue as this is in excess of $10000 so would going to trial and watching it get dismissed for not bringing a witness be the best bet or just filing to compel arbitration be better? I am 3 years towards the 5 year SOL in Illinois and I see Midland has had many cases in my county. Thx.

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UPDATE........I did finally get the Midland letter from them.........your account has a new home blah...blah....blah.....

I am going to send a letter for validation but I am thinking about adding a few things. What if I said in the letter that any litigation would be met by them having to prove absolute chain of custody AND them having to produce a Citi witness for trial, which I will be insisting on a trial. Then maybe letting them know that they are famous for always dropping the case right before trial as they never intend to produce such a witness. Would that make them go away?

 

BTW I could attach things such as this case to prove my point.........

 

http://www.edcombs.com/wp-content/uploads/2013/05/webb-v.-midland.ndill_.pdf

 

Also for anyone that wants info about beating Midland this has some good info.........

 

http://www.howtowinacreditcardlawsuit.net/category/midland-funding-lawsuits/

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@BeachesandBeer

 

You can say anything you choose in a letter, but it's going to depend upon Midland and the law firm as to whether they will pursue litigation.  An aggressive law firm doesn't always dismiss right before trial.  There are plenty of cases that have been appealed which proves they will sometimes fight to the end.

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I know they sometimes go to trial but have they ever really produced a bonafide witness or did they just win against people who didn't know how to fight? I assume that if they see someone who will challenge them in court properly they may run and hide and go after the easy pickens. Then again there is always BK7 if they do win........they just won't know it before the trial.

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For an amount in excess of $10,000 you can bet they are likely to hire an aggressive law firm to pursue this.  With almost 2 years to go on the SOL I would not be making vague threats in a DV letter.  The other reason not to is you do not want to tip your entire hand up front and give them the opportunity to get it together and sue you in a prepared to fight stance.

 

You can demand witnesses. documents, and all kinds of proof but if what they come to trial with is sufficient for the court it will not matter and you will lose.  Illinois is VERY creditor friendly so keep that in mind when you level threats.

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@Clydesmom

From what I see they have only 1 case on file this year........the enforcement of a judgment.

Only a few from 2013 also.........Even if the judge allows merely an affidavit from a Citi employee verifying the debt, I still have the right to depose them no?

My point is they normally never go through the hassle of having a witness at trial.  I guess I could skip the friendly warnings and see what happens.

I really dont want to file BK but if anyone ever gets a judgment I will.

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@Clydesmom

From what I see they have only 1 case on file this year........the enforcement of a judgment.

Only a few from 2013 also.........Even if the judge allows merely an affidavit from a Citi employee verifying the debt, I still have the right to depose them no?

My point is they normally never go through the hassle of having a witness at trial.  I guess I could skip the friendly warnings and see what happens.

I really dont want to file BK but if anyone ever gets a judgment I will.

 

Not all dockets are on line.  Midland files THOUSANDS of lawsuits each year and I highly doubt that in a creditor friendly state that they would file just one.

 

For that amount of money you will not be in small claims court and you would need to have the training of a lawyer to hold your own.  Midland will hire an aggressive law firm and if you are not a lawyer or do not hire one you will get steam rolled.  Whether you can depose an affiant depends on the rules of your court.  Keep in mind that if you do exercise that option the expense of flying them in and deposing them including airfare, hotel, taxis, food, the room for the depo, and a court reporter are all on YOU up front.  

 

They do not go through the hassle of a witness at trial in suits in small claims for less than $5k.  For the amount you owe they will go to the trouble.  

 

If you have the BK nuclear weapon I would simply DV them and then wait it out.

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