Jump to content

Midland Funding Lawsuit - Texas - I need help!


Recommended Posts

I have been served with a Petition for a suit by Midland Funding and I am reading through these posts for help with my answer, but it seems that the "Plaintiff's Original Petition" that I was served does not appear to look like the ones I am finding on this forum. It looks to me like the answer should be fairly simple. A couple of things to note: page 14 has a date of birth and a phone number that don't belong to me. And input on this would be greatly appreciated.

Link to comment
Share on other sites

Copy the answer I gave in post #7 in the following thread. Send one copy to the court and one to the attorney's office who filed the lawsuit via certified mail.

http://www.creditinfocenter.com/community/topic/324432-being-sued-in-texas-by-portfolio-recovery/#entry1303627

It is imperative that you get your answer filed before the deadline. Ask the court for permission to send discovery to the plaintiff as soon as possible. Let me know when you are granted said permission and I will PM you the first set of Discovery. It is preferable to send it to the JDB attorney along with his copy of your Original Answer.

  • Like 1
Link to comment
Share on other sites

Ok, so I filed the answer as recommended above and asked the court the process for requesting a discovery.  I was told that they could not give legal advice and that I would have to figure it out.  I've Googled to see if I could find a format for this request and cannot find anything.  Any advice on this step would be appreciated!

Link to comment
Share on other sites

OK, show the smart-a** this after you have drafted a motion asking for the court's permission to begin discovery-

RULE 500.9. DISCOVERY
(a)
Pretrial Discovery
Pretrial discovery is limited to that which the judge considers reasonable
and necessary. Any requests for pretrial discovery must be presented to the court for
approval by written motion. The motion must be served on the responding party. Unless
a hearing is requested, the judge may rule on the motion without a hearing. The discovery
request must not be served on the responding party unless the judge issues a signed order
approving the request. Failure to comply with a discovery order can result in sanctions,
including dismissal of the case or an order to pay the other party’s discovery expenses.

 

The format is the same as the petition you were served and your answer-

 

MOTION FOR COURT'S APPROVAL TO CONDUCT PRETRIAL DISCOVERY

 

Pursuant to TRCP 500.9(a), Comes now Defendant,________________ and files his Motion For Court's Approval to Conduct Pretrial Discovery... 

Link to comment
Share on other sites

  • 4 weeks later...

I filed the request for pretrial discovery on 9/25 and haven't received a response.  However, I did receive the attached letter from the court regarding a jurisdiction hearing, which is this coming Friday.  What can I expect at this hearing and what should I prepare?  Thanks again for any help!!

Plea to Jurisdiction Hearing.pdf

Link to comment
Share on other sites

 Make sure you object to any and all "evidence" they come up with to try to prove they own the alleged debt.  You need to stress that none of it is admissible as they just as well could have found something in your trash or a dumpster behind a bank containing your name, address and an account number and then conjured up some B.S. to attempt to prove they purchased it. 

 

They will probably have a bill of sale without your name or account number on it but with wording that refers to a complete purchase agreement or "Exhibit A" or perhaps even stating that the bill of sale itself is an attachment to a complete purchase agreement.  Since you are still not able to send discovery you should ask them to show you and the court this purchase agreement to see if it contains any warranties concerning the information regarding the accounts purchased in the bulk sale.  Tell them they should redact any personal information of the other account holders and show you where it says that your alleged charged off account was included in the bulk sale.

 

If they produce an affidavit from Midland's "custodian of records" (or whatever they may call their robo-signer's job title) swearing that he (she) is familiar with your account then you can ask them when he was employed by the original creditor because it is impossible for him to have any first hand knowledge of your alleged account activity before it was sold to Midland.  Ask them to identify the representative of the original creditor whom they conferred with to insure that the information regarding your alleged account was accurate.  When they cannot answer that then ask them what measures they normally take to see that the account information concerning the purchased accounts is accurate.

 

The incorrect birth date could have some bearing but an incorrect phone number probably will not as it is not uncommon for people to change their phone numbers.

  • Like 1
Link to comment
Share on other sites

I just returned from the hearing.  It was a Jurisdiction hearing since I included a Plea to the Jurisdiction in my Answer.  The attorney there was outsourced to stand in for the suing attorney and really was not familiar with my case.  He tried to have a conversation with me prior to the judge entering and I told him that I felt more comfortable speaking in front of the judge.  He didn't present any evidence during the hearing.  Basically, the judge asked a few questions, approved for a Level 1 Discovery to take place, and said that the Plaintiff has the right to sue me.  Is this typical??

 

It looks like the trial will be scheduled for late January or early February.  Once I get the discovery information, I will seek further help in preparing for the trial.

Link to comment
Share on other sites

Nothing is typical, really.  They attached some of their B.S. to their original petition so without any objections it somewhat voided the Plea to the Jurisdiction.  

 

The worthwhile thing that came out of this hearing is his approval to begin discovery.   That is a big step in comparison to a lot of JP courts these days.

 

Check your private messages.

Link to comment
Share on other sites

  • 3 months later...

As a recap, during my jurisdiction hearing late last year, the judge approved a level one discovery.  Midland Funding was represented by a stand in (local) attorney who didn't really know anything about my case.  My trial is set for tomorrow.  About a week or so ago, I received a letter from the attorney's office stating that "Any request for pretrial discovery must be presented to the court for approval by written motion."  And that my "discovery is in violation of these rules."  I'll attach a copy of the letter, less the identifying information.


 


I called the court last Friday and they told me that the discovery was approved by the judge.  She said that I could request a new date if I wanted.  My questions are:  1) Will it hurt the attorney's case if they didn't comply with the judge's order, and 2) Should I request a new trial date?


Link to comment
Share on other sites

Is this your actual trial, or a pre trial?

What did you ask them for in your discovery requests, and what have they sent you?

@texasrocker will know better than I, but if they haven't sent you some vital info, it might be worth taking your chances in court. Check your rules on any sanctions for not complying with discovery, some states say they can lose for not doing so. Start preparing a motion to object to the evidence they did send you, and read if you can file it before court. Usually called a motion in limine.

What have they sent you as evidence?

Link to comment
Share on other sites

The Midland attorney did not show up.  Judgement was granted in my favor!  The judge said that Midland could appeal, but it is unlikely.  He also said that based on the evidence that he had, he likely would have judged in my favor anyway!  

 

Is there anything else I need to do?  Should I be concerned about an appeal?

 

Thanks for all of your help and support!!

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.