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Midland Funding LLC. vs. Me in Arizona


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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Bursey & Associates, P.C.
 

3. How much are you being sued for?
8k
 

4. Who is the original creditor? (if not the Plaintiff)
Citibank, N.A. Best Buy
 

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
 

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?
None that I recall.
 

9. What state and county do you live in?
Arizona, Maricopa County
 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Can't recall
 

11. What is the SOL on the debt? To find out: 
6 years

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).
 01 -New Case
 

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.
No
 

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? 
19 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
No evidence and nothing else attached. Only stated who they said I entered into agreement with Citibank, N.A Best Buy and included the last 4 digits of the account in question. Also included the amount supposedly owed 8K.

 

_________________________

 

Well that is all I have, Any and all help will be greatly appreciated.

 

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Forgot to say Hello!! Been reading up on similar forum entries done. Seems to me I came to the right place to get some help from some very knowledgeable individuals (Lord knows I need it!!). Is there a feel for how Pro se's have been doing as of late in Maricopa County? Should I be listening to my wife and also contact a attorney? Mind is going a mile of minute with things I feel I need to ask. Again thank you for any knowledge you can bring my way... 95Grunt99 

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What is your plan with this debt?

Is it likely your debt? (Midland will probably be able to produce statements with your name on it if this is your debt).

Do you have any information that this debt was sold to any other debt collectors before Midland?

Can you guess when you last made a payment on this debt?

Are you now married?  If yes, were you married to the same person when you last made a payment on the account?

 

Because of the amount of the debt (<$10,000) you should have been sued in Justice Court.  If you have read any of the stories here from Arizona Justice Courts, you know you should expect to lose in Justice Court.  This means you should starting thinking now about trying to settle if at all possible or plan to appeal your case to the Superior Court.  If you plan to appeal, you need to concentrate on getting your arguments on record early and often.  If your last payment was prior to July 2008, you may be able to successfully argue the debt is subject to a 3-year SOL on an "open account" theory.  You have to make this claim in your answer, otherwise you waive the right to argue it at MSJ stage or trial and you then cannot use it on appeal.

 

Your second post showed up while I was typing this.  If you have the option to hire a lawyer, I would absolutely do that.  @Goody_Ouchless can confirm, but I think the going rate for representation is in the $1500-$2000 range.

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Hi, What Harry says is generally true, but in Discovery you will find out what they have , and that is important. I lost my case in justice court, appealed and won, but it was reversed back to JC for a new trial. like an idiot I lost again.  If I had hired the atty I am currently using, he would have charged 650.oo to represent me at trial  (with me doing all the prior paperwork.)  I hired him to handle the second appeal as I am so worn down after 2 1/2 years.  He is charging me 650.00.

 

So, if you can do most of the preliminary work with our help, you can get an atty reasonably to represent you in court.  NOW, that being said it still does not guarantee you will win in Justice Court,  HOWEVER, the atty will know what to preserve for an appeal.  Also when you win they will go after Midland for their costs because they have all their financial info. So, for me alone with over 2500.00  fighting them , that was worth it.

 

I would not and never will settle a case with a JDB for your amt.  Some people from AZ have fopra couple hundred.  That is different.  Hope this helps.

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@95Grunt99 - First off, @Harry Seaward's questions are key - when was the last payment, is Midland the first owner and was the account charged off prior to marriage.

 

In recent experience Midland does not deal in "junk" - they typically have all that is required to win at trial. Assuming the debt is within SOL and Midland was the first owner, you are probably looking at settlement as your best option. You can see what they are willing to offer you and then decide if a lawyer can get a better deal.

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What is your plan with this debt?


I guess from the sound of it I would have to see if we can settle (At what point can I see what they are willing to offer?).


 


Is it likely your debt? (Midland will probably be able to produce statements with your name on it if this is your debt).


It is mine (trying to deny it seems not to be possible)


 


Do you have any information that this debt was sold to any other debt collectors before Midland?


Wouldn't know about debt collectors. I know that the account changed banks from Hsbc to Capitol One and lastly Citibank.


 


Can you guess when you last made a payment on this debt?


Hard for me to remember, but I think for the purposes of SOL I am out of luck.


 


Are you now married?  If yes, were you married to the same person when you last made a payment on the account?


Yes to both questions.


 


___________


@Harry Seaward @hot in az @Goody_Ouchless -Ty for your replies!! Sounds like my options are slim. I have a line on a Consumer attorney in my area, I will make an appointment and see what options I have and what we can work out. Also going to speak to him about possibly filing for Bankruptcy since he seems to do that as well. Maybe get him to do a package deal?  :-D 


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Hope all had a good turkey day!! Now while eating with the family I was talking with my father of the situation I am currently in. He said something that seemed funny to me, That him and I have had our credit reports mixed up many times ( We have same name if you omit my middle initial as midland did) . How do they know they have the original account holder aside from bills?? To My father at this point it could be him or I being served since they don't differentiate in any way.My fathers mail has come to my address at many times when doing a change of address (Mine has wound up at his home also). Also he is way better off financially than I, could it be that Midland is looking at his assets instead of mine?

 

Now on the issues of mix ups he remembered that I had to clear up a conviction in California for a misdemeanor that appeared on my record, needless to say I was under the age of 7 at the time of the conviction. The person making the inquiry on it laughed that it wasn't obvious they had the wrong person. 

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The plaintiff will probably have your SSN which was used to open the account.  I don't know how one would go about explaining that away.

 

Remember, we're not talking about "beyond reasonable doubt" here.  The standard of proof is "preponderance of evidence".  If the judge/jury believes that it's more likely than not (51%) that you used the card, didn't repay and Midland owns the rights to collect, you're done.  Appeals courts are very reluctant to reverse cases on evidence rulings.  There has to be clear abuse of discretion for them to do so.  It happens, but it has to be clear from the record that the witness/affiant is not qualified to testify for some specific reason.  In Midland's case, it's usually that they do not show how they are affiliated with the plaintiff's records.  They have tightened up their affidavits and witness testimony as of late, though, so they don't make these mistakes these days.

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