hawaiitony

Being sued by Midland in TN

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Was served a summons with an attached affidavit. Nowhere on the summons does it give a timeframe to reply. The affidavit is from Paula Fruth. It contains 6 bullets which I will outline below:

1. I, Paula Fruth, am an officer for MIDLAND FUNDING LLC and employed as a legal specialist by Midland Credit Management, Inc. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and contracts with its affiliate, MCM, to service the accounts on the Plaintiff's behalf. Plaintff does not operate and/or maintain a computer system. MCM holds the computer records and account information for accounts purchased by Plaintiff. Plaintif has authorized MCM to act on Plaintiff's behalf in collection of the delinquent accounts. I am a competent person over eighteen years of age, and make the statements herein based uponn personal knowledge of the relationship between Plaintiff and MCM and/or the account records maintained on Plaintiff's behalf.

 

2. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and wass assigned all rights, title and interest to defendents HSBC account XXXX XXXX XXXX XXXX (MCM Number XXXXXXXXXX) (hereinafter "the account). I have access to and have reviewed the electronic records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf.

 

3. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person withknowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial infornation concerning the account includes the following:

 

4. MCM's records show that the defendent owed a balance of $3000 as of noted date.

 

5. MCM acquired and incorporated account records into its permanent business records as a result of plaintiff's purchase of the account. These records are kept in the regular course of business on behalf of plaintiff, and along with the electronic records provided at purchase, are plaintiff's primary source of business records for this account.

 

6. The accuracy of such records is relied upon by Plaintiff and/or its servicer in purchasing and collecting this account. These records are trustworthy and relied upon because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss.

 

Can anyone advise me as to what my actions should be from here? Thanks in advance.

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Can anyone advise me as to what my actions should be from here? Thanks in advance.

 

 

Yes, contact this law firm:  http://www.barnettelawoffices.com/ he posts here as @TNConsumerLawyer and handles these cases for sport and profit.  Their firm does the first consult for free and offers representation at reasonable fees.  I would pay them to represent me LONG before I ever gave Midland one red cent.

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. 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.) Mark A. Sexton, Hosto & Buchanan, LLC

3. How much are you being sued for? $3k plus costs

4. Who is the original creditor? (if not the Plaintiff) HSBC

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) Given to wife
7. Was the service legal as required by your state? Yes, based on my understanding.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Tennessee, Anderson

10. When is the last time you paid on this account? 01/2009

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? Court date set May

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? No limit mentioned on summons

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Affidavit

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hawaiitony,

Sorry about your recent lawsuit, its one of those things that hang over your head.

Contact Mr. Barnette, you are getting good advise, he is handling 2 cases of mine

from 2 OCs (Original Creditor Banks), you can go it alone but it seems the Judges listen

more to the other side than pro se even when good case is presented by a pro se.

Contact him and you will feel at ease.

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I agree with the posters above that an attorney will be very helpful in your situation. Make sure whoever you speak with has FDCPA experience. Barnette is very good as long as he is not too far away from your location. 

 

While you decide what to do you need to file a sworn denial ASAP. Fill out the form below and have it notarized. Don't worry about answering #4 at this time. Take it to your local court house and file it with the court clerk. Get three copies. One you will need to mail to Sexton using CMRR through the USPS. Keep one for your records and an extra if you hire an attorney. The cost should not be that much, although you will probably need to pay in cash. 

 

http://www.tncourts.gov/sites/default/files/docs/final_-_sworn_denial_0.pdf

 

If/when you speak with an attorney take all letters you have concerning this account. Any recorded phone messages will also be a big plus. Record any messages they leave for you and keep them stored in a safe place. I would not speak with anyone at Hosto and Buchanan. They are a group of attorneys that operate as a collection agency. 

 

You should also edit your posts above. Change the amount to 3K and delete any exact dates. It looks like they filed this very close to the SOL expiring, so you should pull all of your credit reports to find out.

 

http://www.consumer.ftc.gov/articles/0155-free-credit-reports

 

Make sure and ask the attorney you speak with if he/she thinks you might have any FDCPA violations. With an account this old they are likely to make mistakes along the way. Check the amount you are being sued for against the original charge off amount by HSBC. Have them calculate the amount from letter to letter to make sure it is a consistent amount. You will also want to determine who has "owned" this account over the last six years.

 

Capital One purchased HSBC's credit card portfolio a few years ago so they may also be in the "chain of ownership". Both Cap One and HSBC have been accused of TCPA violations from a few years ago. 

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Hawaiitony:

 

For a lot of the reasons you stated, this should be a fairly easy dismissal with prejudice with counsel that knows opposing "regional" counsel be it either Balch - Bingham, LLP, or Burr Foreman.  I will presume Finkelstein & Kern or Hosto & Buchan are representing them in General Sessions.  I cannot solicit on here and I won't, however, you would be well advised to retain counsel whether it is us or someone else.

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