juh

Help being sued by Midland Funding in JP court Dallas TX

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Hi,

I am being sued by Midland Funding In Cercone's court Dallas TX. Court trail date is in  2015. I was served with the original petition and only a blank statement attached. My answer was the same as Zero's as was my Request for interrogotories and Production of documents as well as Midlands answer for same. My question is this ...please tell me how to represent myself in court using lack of evidence. Do I read out a prewritten document? Midland Funding provided same fague documents as Zero received. Same "Bill of Sale" and same /Affidavit‎ with the same employees names.

 

Thank you in advance.

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Welcome!

Your odds of becoming the victor just rose exponentially by actively engaging in bettering your in propria persona / in pro per defense to the complaint (s) in your summons....

Say! You need to fill out your basic questions to start your thread...

Simply go to Forums, then, scroll down to, "Is There A lawyer in the House?", and, toward the top, among the "pinned items", you will see "Questions to Answer Before Posting", or, "In Your First Post Here", or something like that.

Just copy & paste, then, insert your answers and publish, same as you see on everyone else's thread starters.

Easy-peasy!

Then our fellow peers and the amazing attorneys here will be able to better respond, e.g., know what your complaint (s) are, when & how served, etc.

Warmest of welcomes!

Many have come before us on this site and won their cases, many are here, like me & you - still going through the orderly step-by-step processes, gaining ground toward Victory with every motion, answer, objection, case law citation presented, etc!

There are kindly generous experienced folk here volunteering as a means of paying it forward, appreciative of all they received as a (FREE!) Member here, too!

Here's to your success!

I will read your completed questionnaire, as will many here.

Warmly,

OK, OK!

Call me a softy...

I went and copied the link for you - we all know we each have more then enough on our plates; anything to ease the process is welcome respite from the continual questing, questing, questing toward what we all seek: SUCCESS!

Here is what you need to click, copy, paste here, and, complete.

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

Warmly,

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@KittyLaw Don't you help with Texas suits? My apologies if mistaken.

Get 'er done, or the case can become your undoin' ...

Just sayin'...

I mean to say, we are all busy with family, friends, work, school, neighbors, landlords, now the hurry-up sales & Holly Daze...

Cold & Flu Season is upon us...

In short, there are excuses for postponing progress on the case abounding at every turn.

Separating those who win in pro per from those who experience defeat are often the larger number of unused pre-deadline hours to research and prepare.

That is my very best peer-to-peer advice to you for increasing your probability for success: Get on-task and elevate the case to Priority One status. Mission One: Click the supplied like and complete the questionnaire, so helpful posts specific to your case may begin arriving in this, your case's thread.

Best wishes!

Warmly,

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@HelpingGreg Couldn't Midlind Funding attorney's be reading these forums? Could they use information here against the defendants by matching the amount figure they are sueing for?

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They could be, but then we redact the important stuff and keep it generic. There is a lot of information on here about beating Midland and others. Get on here and read and then read some more until you understand it all, then start asking questions. Also read the rules on Texas law and also preview TFC-392 just incase there may be something there for you too.

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@HelpingGreg Couldn't Midlind Funding attorney's be reading these forums? Could they use information here against the defendants by matching the amount figure they are sueing for?

Never one to meet a keystroke I didn't want to make, I will now reply with,

"What @TomnTex just wrote goes for me, too."

See a paragraph of my PM with you on this topic, too. It says in one paragraph what @TomnTex said in one succinct sentence. LOL!

Be good to you - hydrate, exercise, nurish, sleep, and unplug the TV, making research your focus.

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Thanks HelpingGreg

 

Answers to Questions.

 

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.)
Kristy Gabrielova

3. How much are you being sued for?
$5000.

4. Who is the original creditor? (if not the Plaintiff)
Chase Card Services

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

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?
mail

9. What state and county do you live in?
Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
12/2010
11. What is the SOL on the debt?
4 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).
Already sent Def's Original Answer with  Def. 1st set of Interrogatories  to Plantiff and Def's Request for Production. Received Plantiff's Answers: Received Affidavit of Sale of Account by Original Creditor ( Chase sold a pool of charged -off accounts to Midland Funding, signed by Martin Lavergne. No account numbers nor name of a account holder). Bill of Sale (credit card account purchase agreement between Chase and Midland) and copies of several credit card statements.
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?
Already answered and did discovery
Complaints for:

1) Breach of Contract

 

2 ) Accounts stated

 

3 ) Damages

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

 

 Chase credit card statement attached ( With all but the last 4 numbers in the acc# XXXXX out. ) There is no itemized information, just a general summery of debt owed.

 

My questions are:

1)I need to know how to present my case in court. My case being no evidence the account is mine. I do not recall this account. I need signatures and cc agreement.
 

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You might want to review arbitration as for this amount it would also be a good way to go. They pay for it and they won't. So, it usually makes them cave in. Dig into that now alsol 

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Go up to the search button on the top right and type in Texasrocker and do a forum search and then read everything that he has done. He is more current than I am since they have changed the laws on Texas JP courts. http://www.creditinfocenter.com/community/topic/324915-tx-midland-lawsuit-need-help-with-next-step/?hl=texasrocker This is an example.

 

You might also consider arb as for this amount it will run them off. Read Linda7's thread on arb. It could be a way to go now.

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  Why arbitrate? They have not proven the debt. The time of the signage is when Midland Funding dismissed cases due to robot signing. 

Also, I am on disability. The only funds I have are from disability funds. Can they attach these? 

 

I did a search on the county court cases in Dallas. The return was 17,568 cases filed since 2007. OMG. Not agrueing, just debating. I so appreciate yours and everyone eles's help.

 

I have no money for settlement!.

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Have you guys seen the AZ guy thaT argued hearsay on evidence on you tube. I will find it and post it. Victory for him!

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Why arbitrate? They have not proven the debt. The time of the signage is when Midland Funding dismissed cases due to robot signing. 

Also, I am on disability. The only funds I have are from disability funds. Can they attach these? 

 

I did a search on the county court cases in Dallas. The return was 17,568 cases filed since 2007. OMG. Not agrueing, just debating. I so appreciate yours and everyone eles's help.

 

I have no money for settlement!.

Maybe re-read #11, above, word-by-word, nice & thoughtfully. Your answers are already there.

For me, when it all gets to be too much, and a sense of becoming overwhelmed nears, I walk away from the case, have a quick warm shower, slip into warm fresh loungewear, hydrate, prepare a beneficical snack, and, let IHeartRadio play something soothing on the same computer, for the same cost as the wireless I am already on. Then, I come back and look again, with fresh eyes, as it were.

Remember to go to sleep at a sensible hour, too.

That's in 4 minutes for me! Nitie nite!

Warmly,

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Arb is still a good way to go if you don't want to fight them, don't count them out. The fact that your on disability is a big plus. They can not touch that as long as you do not co-mingle funds that are not. TX is a community property state, if you have a spouse with income or assets they CAN touch that. You are NOT judgment proof, you are collection proof as long as you have no assets for them to claim. 

 

Depending on your age, they may well move to get a judgment incase you come into some money someday or win the lottery. Either way, you want to try and keep this judgment from happening. It will be on your CR for many years. You need to fight this, not roll over.

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Arb is still a good way to go if you don't want to fight them, don't count them out. The fact that your on disability is a big plus. They can not touch that as long as you do not co-mingle funds that are not. TX is a community property state, if you have a spouse with income or assets they CAN touch that. You are NOT judgment proof, you are collection proof as long as you have no assets for them to claim. 

 

Depending on your age, they may well move to get a judgment incase you come into some money someday or win the lottery. Either way, you want to try and keep this judgment from happening. It will be on your CR for many years. You need to fight this, not roll over.

Words of gold.

SSA called out of the blue some years ago, asking for bank account numbers.

Seems they detected their own errors and back-paid me $50,000.00 and my children $30,000.00!

Never say never.

It COULD happen to you.

I wasn't even asking for a review or anything!

As if manna from above, it appeared!

Were there to have been a judgement? Gobble-gobble! Not to mention the $150.00 per transaction the bank levies, according to an on-site report read just last week!

So, yes. Go forth like your future depends upon it. It may very well so do.

Warmly,

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I have no spouse. Only income is from direct deposit from disability. That being said, I certainly don't want to get a judgment against me. So.... I need to know how to present myself in court and argue no evidence...just as the youtube guy fought against a "Summary Judgement". 

Please help me fight back.
 

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I have no spouse. Only income is from direct deposit from disability. That being said, I certainly don't want to get a judgment against me. So.... I need to know how to present myself in court and argue no evidence...just as the youtube guy fought against a "Summary Judgement".

Please help me fight back.

First of all, and I will type this out as simply as possible,

Do your on-site reading.

We all are clear on the following points,

1.) You want to walk away from this as the victor; you will not settle or accept a judgement; you are in this to fight your battle, not to roll over and submit to Plaintiff.

2.) You are inspired & motivated by that YouTube video. (I am, too!)

3.) You have yet to gain a grasp on the correct terminology. (#1 Because you have not done your reading.)

4.) You do not yet comprehend what took place prior to Court Date for the YouTube Defendant to walk in with all his case law citations; missing elements of Standing to share with Judge; and, binders full of important paperworks. (#2 Because you have not done your reading.)

5.) When you type, "...argue no evidence...", you are meant to type, "...argue lack of Standing...". (#3 Because you have not done your reading)

Words are everything right now.

Your mind is in the right place; Standing is paramount in these cases.

Admin. here has pinned an excellent thread in this forum. It is the first one listed, and deserves first billing, in my eyes. It was begun by @Coltfan1972 back in 2012. There are over 200 posts across 7 pages, mine from last month being the penultimate post on page 7. The subject matter is: Standing, (Standing is always written with an uppercase S.)

Here is the link, please read it all; take notes; and, email yourself the salient points.  Please note, ColtFan1972 is still paying it forward on-site, should you have any Standing-related queries.

Of course, the other reading is still necessary.

Everyone here is eager to _support & guide & help_.

Nobody here is going to spoonfeed anyone. Anyway, that would result in a failed defense once Defendant had to present in Court. It needs saying; said informatively, not offensively.

You know how to locate the other reading materials / threads. Here is the Standing thread's pinned link,

http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/

I will check in on you next weekend, or so, once you have had time to read, Read, READ.

Supportive hugs, if wanted, abound.

Warmly,

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@HelpingGreg

Looks like Texas is in favor of debt buyers. How can I show lack of standing If:

 

If you have already been sued and post charge-off interest is part of the claim, the stakes are higher. Many lawsuits are high-volume, low-documentation claims that do not hold up when challenged. However, some debt buyers can obtain account documents to support their claims, while some courts, as in Texas, will accept sworn statements in lieu of original documents.  

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@HelpingGreg

Ok I've read a lot. Midland Funding through discovery produced "A Bill of Sale" signed by Erika Long, a Chase Team Leader and an "Affidavit of Sale of Account by Original Creditor" sworn by Martin Lavergne. Also through discovery I asked who and any witnesses would be present. Midland answered "none".

 

I read the following: 

 

You can ask for a witness list from the JDB (assuming you have been sued). That witness list better included witnesses that can authenticate evidence and the JDB standing. Pay careful attention to so called witnesses that will authenticate the evidence. A ton of the time they will just be a witness from the JDB. That JDB witness will simply state the JDB records say you owe them money and they own the debt. 

 

Am I suppose to file a Motion challenging their Affidavit and Bill of Sale? See below.

 

A consumer needs to always (in my opinion) dispute anything that even remotely has to do with standing. If the JDB provides a bill of sale, you challenge that bill of sale. If they send an affidavit, you challenge and submit your own affidavit disputing the alleged facts in the JDB affidavit. 

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@juh

 

Also through discovery I asked who and any witnesses would be present. Midland answered "none".

 

 

How was your request worded? 

 

Did you ask for the names of witnesses that would be present at a trial?   The reason is because I read that witnesses are not allowed at summary judgment hearings in TX.   A summary judgment hearing and a trial are 2 different things.

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I totally defer to @BV80 and any Texas-experienced members he may send your way - my Texas years are held in memory only now. I am a long-time resident of The Land of Fruits & Nuts, California "-D

@juh

 

 

How was your request worded? 

 

Did you ask for the names of witnesses that would be present at a trial?   The reason is because I read that witnesses are not allowed at summary judgment hearings in TX.   A summary judgment hearing and a trial are 2 different things.

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@HelpingGreg

 

Midland Funding has not filed a Summary Judgement.

 

Also I was reading about Chase being sued for raising the interest on "balance Transferred accounts" without notifying the customers when they advertised interest rates would remain the same for life of balance. Lawsuit was in 2009 or 2010 but that is what happened to me. They raised it from 7.99 to 11.99 then raised it all the way up to 29.99 because of my credit report. I defaulted as soon as my min payment more than doubled.  My question is this

 

I am only now finding out about the lawsuit against Chase for hiking interest rate. It was a class action suit and Chase had to pay millions back. Since I am only now finding out, wouldn't MIdland Funding have to take responsibility of this as they claim ownership in every other way. 

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