HELP!! Being sued by Midland Funding in Ohio

[dekita]

I need help with a suit filed against me from Midland... Right now I'm preparing my answer

 

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.)
OH lawyer
3. How much are you being sued for?
2 cases, first is $1300, other is $2700

4. Who is the original creditor? (if not the Plaintiff)
GE Capital
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)
Mail
7. Was the service legal as required by your state? 
Yes
Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None, I never corresponded with them
9. What state and county do you live in?
Ohio, Franklin County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
2013 or so
11. What is the SOL on the debt? To find out: 6 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).
Suit was served, I have until Feb 13 to file answer
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? 

I have until Feb 13th to respond

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

For the $1300 case there's a Bill of Sale and a print off of some receipt about the account (has misspellings)  in Exhibit A. In Exhibit B, there's a copy of Midland debt collection letter

For the $2700 case, there's a Bill of Sale in Exhibit A and two cc statements in Exhibit B

Please help! I don't know how to respond. I pulled a pre-made answer form from the Franklin County Municipal Court, but I'm not sure how I should answer. I've heard of denying everything in the complaint

[Rogue198]

Consult a naca lawyer, most do free consultation.  You may be able to file a illegal interest counterclaim, midland is notorious for it.

[debtzapper]

@dekita

Look at all posts by @ohiohio and @OhioLawsuit

[debtzapper]

It does not appear Midland complied with Ohio R.10(D)(1)

This Answer and Motion was prepared by Ohio Legal Services. After reading the threads I mentioned, you can use this as a guide for your Answer.

http://mail.oslsa.org/home/admin@oslsa.org/Lancaster%20Repository/Credit%20Card%20Collection%20Cases.pdf

[debtzapper]

As I said in my PM, you can defend yourself pro se, but it takes time and effort. You may want to consider hiring a lawyer. A good lawyer is worth their fee. This firm I found charges a flat fee for a credit card defense. They give free case evaluations. I would at least contact them.

http://www.independenceohlawoffice.com/consumer_defense.html

[debtzapper]

Ohio State Univ Law School has a Civil Law Clinic. They sometimes represent debtors in lawsuits for little or no money. Contact them:

Civil Law Clinic - Moritz College of Law - The Ohio State ...

moritzlaw.osu.edu/clinics/civil-law-clinic/

Ohio State University

Students are assigned to cases from a wide variety of subject-matter areas including: civil rights, consumer law, landlord-tenant, personal injury, contracts, and ...

[shellieh98]

ohioohio's thread may help you. http://www.creditinfocenter.com/community/topic/321805-being-sued-by-asset-acceptance-in-ohio-need-help/page-2  start from page one.  also the link debt zapper have you for ohio lawsuit, he has several threads relating to his case (that is why we like all your case info in one thread) but check out his profile and click on bottom left for posts, then go to each of his threads.

[Poffertjes]

Reeeally quick question... how do I make the symbol for 'section' as in O.R.C. ..section... 1319.12©(3) on Word?

[BV80]

@Poffertjes

 

Try holding down the "alt" key while typing 0167 on your numeric keypad.

[Poffertjes]

Thanks so much!

[Poffertjes]

Now that I've finished my Motion for Definite Statement against Midland Funding and reading more cases, I'm more confused than ever..... I have nearly the exact same issue with Midland as the original poster of this thread so I thought it would be redundant to re-ask it.  My only difference is is that they have attached a copy of a statement...I guess the final statement from Amazon with all but the last 4 numbers of the account blacked out.  However, the entire Complaint is so confusing to me I thought the Motion would cover it. 

 

Here are my issues....

 

1.  I no longer reside in the county where they filed the Complaint... so while it was filed on April 24, 2015, I did not receive it until Jun 5th due to forwarding issues.

 

2. Facts # 5, 6, 7, 8 really have nothing to do with my account but how they go about trying to resolve consumer's obligations.  Not me specifically and I've never received a voicemail from these people or an envelope that looked to be from a collection agency.

 

3. I do NOT know if they are even really based IN the city they claim as they have only a PO Box and an 866# I cannot pull up a physical address to walk into the office to serve them, but they are supposedly a law office.  I have until June 24th to file with the Court

 

4. I am on Social Security Disability and own no property, vehicles, etc. I have my own bank account into which my SSDI is directly deposited.  Bankruptcy attorneys have told me I am uncollectable and to just let the lawsuit go thru the courts.

 

so... do I file for change of venue....file the above motion, file an answer and in section 2... admit in part/deny in part?  give them my new address?

[shellieh98]

@Poffertjes do you have your own thread? If not start one. First thing I would do if I were you is to call the plaintiff's attorney. Tell him you qualify for midlands hardship cases according to their consumer bill of rights. Ask him to dismiss the case. https://www.midlandcreditonline.com/who-is-mcm/our-pledge/#article3

Don't wait for them to dismiss tho, answer the suit. You are going to deny everything but your name.

There should be a list of allegations in the complaint. You deny each one separately. Where it say venue is proper, you deny, where it says who they are you lack sufficient information, do deny. At the end of your answer ask for a dismissal based on improper venue. And yes you need to list your address.

[debtzapper]

You may have a FDCPA claim if they filed in the wrong venue. Definitely consult a lawyer. www.naca.net   A consultation is free. And yes, as Shellie said, Midland will not file if that is your only source of income.