Midland Funding Suit with Affidavit

[Tonyg75]

I was served paper last weekend being sued by Midland Funding.  They attached an affidavit as well as Bill of Sale, statements etc.  I'm answering the questions below.  Any help would be greatly appreciated!

 

 

 

 

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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Fulton, Friedman & Gullace, LLP
3. How much are you being sued for?
$2544.12
4. Who is the original creditor? (if not the Plaintiff)
Dell Financial
5. How do you know you are being sued? (You were served, right?)
I was 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 am aware of

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
June 2011
11. What is the SOL on the debt? To find out:
4 Years
Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  Just served, haven't answered yet

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?  By this Friday

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  They sent Affidavits, Bill of Sale, Statements of the account

[Ntexas31]

Check out this thread of this case, also in TX, also related to a Dell account:

http://www.creditinfocenter.com/community/topic/323465-being-sued-by-midland-funding-in-texas/

 

That person just lost on a summary disposition. You seem to have many similarities.

They also included an affidavit in that case and they had a history of the account back to 0$ balance, which if they also provided that in your complaint, could make it difficult for you to fight IMO. Or at least for @notaloser I think that helped the judge swing in favor of the plaintiff.

 

I would recommend getting a free consult from a lawyer. Couldn't hurt and you do not have to hire, just get an opinion on your case.

But you should know in TX a plaintiff can ask for a summary disposition (judgment) any time after the case is filed. The plaintiff does not have to wait for a pretrial hearing. In TX, the collection agency or debt buyer need only show the following to get a judgment:

 

RULE 508.2. PETITION
(a) Contents. In addition to the information required by Rule 502.2, a petition filed in a lawsuit
governed by this rule must contain the following information:
(1) Credit Accounts. In a claim based upon a credit card, revolving credit, or open
account, the petition must state:
(A) the account name or credit card name;
( the account number (which may be masked);
© the date of issue or origination of the account, if known;
(D) the date of charge-off or breach of the account, if known;
(E) the amount owed as of a date certain; and
(F) whether the plaintiff seeks ongoing interest.

 

But FIRST, file your answer so you do not get a default judgment.

[nobk4me]

I would look into the arbitration strategy.  JDBs hate arbitration because of its costs.  Is there an arbitration clause in the Dell contract?

[Jimmy E]

It's clear that Midland, and possibly other JDBs have 'honed' their paperwork -- certainly providing a lot more than a claim and single affidavit.

 

However, I can't help but notice that all of he additional 'paperwork' is produced AND printed from WITHIN the Midland offices -- or Midland Credit Management.

 

I can't help but believe that if I see a printout of an alleged statement from zero balance, that I would not see the 'DELL FINANCIAL' or 'CAPTIAL ONE' letterhead.  Am I missing something on this?  Typeface is same on all documents, but now they appear to have a "president of ____" from a 'DELL' actually signing the affidavit.  I just do not believe it.

 

Perhaps this should be a separate thread, but have regular posters or 'lurkers' noticed these supposed affidavits from original creditors lacking even the letterhead?  Trick by JDB or other reason?

 

Concerned.  Please advise.

 

-J

[Anon Amos]

A document prepared for purpose of litigation is not a business record because it is lacking in trustworthiness.

 

Palmer v Hoffman 318 U.S 109 (1943)

[fisthardcheese]

Is Dell listed at the OC or is it WebBank or something similar?  If so, I do believe there is a good arbitration clause that you can use to your advantage.  I would use it.

[Newbie Need Help]

Hello, 

I just joined this forum and I am new. I got served with a suit from Midlund Funding for 2 CC debts that I owe. I filed an answer and our trial date is set for April 2, 2015.  I just got their interogatories in the mail. I have about 3 wks to answer them and prepare mine for them. I will go line by line for you if you need me to. I just need help in answering them. They have nothing except for a receipt for 1 of the old accts and an affidavit for the other along with a receipt. In the interrogatories, they are asking BASICALLY For me to GIVE THEM ALL THE INFO THEY NEED TO WIN MY CASE FOR THEM. AND I HAVE ACTUALLY CALLED BOTH COMPANIES AND THEY SAID THEY HAVE NO RECORD OF MY OLD ACCTS AT ALL, Because they were charged off. I DONT KNOW HOW TO TYPE up my answers but I have been on here reading a lot and you seem to know a lot and also, they are doing exactly what you said they would do in some of your posts.JUST ABOUT ALL OF THEIR QUESTIONS, ARE OBJECTIONABLE AND THE OTHER ONES ARE ASKING ME TO ADMIT TO THINGS I WILL NOT BC I DO NOT EVEN KNOW IF THESE 'SAID' ACCT NUMBERS ARE THE ACTUAL ONES WITHOUT MY ORIGINAL CONTRACT AND/MY BILLS AND THE AMTS ARE NOW INFLATED. I also need to know how many times can they send me interrogatories and how do I type up my interrogatories for them to answer and demand them to produce contracts and receipts that I know they do not have. Also, how do I subpoena their witnesses. please please help me.. Even if there are templates for me to follow.  PLEASE PLEASE HELP ME :'>

 

[BV80]

@Newbie Need Help

 

Please start your own thread so that members can respond to your specific needs, state laws, and rules. 

[Newbie Need Help]

please please tell me how to start my own thread. this is all new to me. thank you so much everyone who is responding so quickly

[BV80]

@Newbie Need Help

 

Go to "Forums", then to "Is There a Lawyer in the House".   On the right side of that page, part way down, you'll see a black box that contains "Start New Topic".