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Hello,

 

I am being sued by Midland Funding original creditor Citibank(Home Depot).

 

I must answer by 5/28/15.

 

I am very willing to fight this to the end, but the amount of evidence/account information included is slightly intimidating.

 

I have reviewed a lot of information on here, but have not been able to find a case with as much up front documentation as I have been provided.

 

I will post all of my documents recieved in the following post.

 

Please give any feedback possible.

 

Thank you for your time.

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Intimidated by what- a statement that someone could have found in a dumpster?  Midland is claiming to have purchased this account from another JDB so everything is already in your favor.  Now besides trying to prove they own it they will also have to show proof that Asset Acceptance purchased it from the original creditor.  

 

Read what I said in this recent thread and file your answer accordingly:   

http://www.creditinfocenter.com/community/topic/325709-being-sued-by-portfolio-in-county-court-in-texas/

 

After that your top priority will be to get permission from the JP court to conduct discovery.  When you have obtained their approval let me know and I will provide you with first set of discovery to send to them.

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I think your chances of winning this in court are slim to none.  If you decide to fight,  here are some things I noticed.

 

1.) Your account doesn't seem to be identified in the sale from Citi to Asset. Midland somehow ended up with the data sheet so absent some creative and compelling hypotheses by you, the court will  probably find it originated with Citi.

 

2.) The Midland affidavit says the sale took place on 09-14-13 but the affidavit itself is dated 12-11-13. Rules of Evidence usually require business records to be created at or near the time of the event. 3 months seems like a long time to me, but again, the court may see it differently.

 

This won't help you with the lawsuit, but that's the first time I've seen the 1 1/2 page PR campaign in a complaint. They sure make themselves sound like the solution to all of the world's problems, don't they? 

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Harry, Harry, Harry....don't take everything so literally. Always the pessimist. The glass is half full, not half empty.

Op, what I see is the rules of evidence in Texas are different than the rules in Arizona. This JDB has to prove assignment by authenticating records not by one, but 2 junk debt buyers. That can be a daunting task. Listen well to Texasrocker, he has steered many Texas residents to the road to victory. In my personal opinion, if you work at this, study your rules, ask questions...this is very winnable. Start with answering the suit.

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The complaint, affidavits, and bills of sale all reference Citibank, but the billing statement is from Home Depot.  I saw nothing on the billing statement or in its terms that mention Citibank. 

 

Granted Citibank may have issued the store card, but the only things on any of the documents, including the affidavits, that I could see that matched up with the billing statement is the balance on the statement and the account number which is referenced in the complaint and the field data sheet.   Even with the account number, where's the proof that Citibank had anything to do with the account?

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Harry, Harry, Harry....don't take everything so literally. Always the pessimist. The glass is half full, not half empty.

Op, what I see is the rules of evidence in Texas are different than the rules in Arizona. This JDB has to prove assignment by authenticating records not by one, but 2 junk debt buyers. That can be a daunting task. Listen well to Texasrocker, he has steered many Texas residents to the road to victory. In my personal opinion, if you work at this, study your rules, ask questions...this is very winnable. Start with answering the suit.

How do you explain this?

http://www.creditinfocenter.com/community/topic/323465-being-sued-by-midland-funding-in-texas/?p=1313859

That case is not all that different from this one.  If you blame the judge for not following the rules, how can you be sure OP's judge isn't going to do the same thing?  Or what if it's the same judge, even?  I guess you can always blame the defendant for being too green...

 

@anotherdefendant I'm not going to post in this thread any further, but I would take with a grain of salt any claims of your case being "very winnable" and that Midland's evidence is "B.S.".  If you go back and read from page 1 in the link I posted you'll understand why.

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I think that the thread linked by @Harry Seaward is an important one.  Many posters will inform us of a win or loss but most fail to provide details of a hearing.  Details could be very informative and a possible help to posters from those particular states. 

 

Let it be noted that in the linked thread, the poster lost at summary judgment.  It was only after he hired an attorney to appeal that Midland agreed to dismiss but not everyone can afford an attorney.  Anyway, the details provided by the poster as to what took place at the summary judgment hearing gives some insight into what can happen in court. 

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@shellieh98

 

Harry, Harry, Harry....don't take everything so literally. Always the pessimist. The glass is half full, not half empty.

 

 

Unfortunately, new posters could take certain comments quite literally and use them as a defense.    For instance, we've seen warnings in the news that instruct us to shred credit card offer that we don't use because people can go through our trash and open accounts in our names.   So, if someone reads that a JDB could have found his credit card statements in a dumpster, he might believe it.  :-)

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@bassplayr

 

A statement means nothing without all the other pieces, and people on this forum have been teaching that lesson for quite some time now.  There's a lot more to proving a credit card debt than one statement....at least, if you research, do the legwork, and learn what steps can and should be taken.

 

 

 

I quite agree and have, myself, made similar statements a time or two.

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Did I miss an attachment? I don't see PRA anywhere in the chain of this case.

My mistake.  It was Asset Acceptance, not Portfolio Recovery.  I just went back and corrected my post.  Asset Acceptance is referred to in Plaintiff's Original Petition paragraph 8 under "Facts."

 

 

Unfortunately, new posters could take certain comments quite literally and use them as a defense.    For instance, we've seen warnings in the news that instruct us to shred credit card offer that we don't use because people can go through our trash and open accounts in our names.   So, if someone reads that a JDB could have found his credit card statements in a dumpster, he might believe it.  :-)

I would never recommend using this as a defense!  I was just saying they should not be intimidated by it.  In my opinion finding it in a dumpster makes just as much sense as a JDB claiming it as proof that they purchased someone's defaulted account.  

 

 

@texasrocker

 

Does this phrase apply to my original petition or does it need to be changed? I do not have 6 paragraphs in mine under "Facts".

 

Just beneath the first red lettered section in the post you recommended to me it says( See Plaintiff's Original Petition under "Facts" paragraph 6.

 

Thanks

You need to edit ithe details accordingly to match the wording in the original petition that you were served with.  It is just a guideline, not "one size fits all."

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I think that the thread linked by @Harry Seaward is an important one.  Many posters will inform us of a win or loss but most fail to provide details of a hearing.  Details could be very informative and a possible help to posters from those particular states. 

 

Let it be noted that in the linked thread, the poster lost at summary judgment.  It was only after he hired an attorney to appeal that Midland agreed to dismiss but not everyone can afford an attorney.  Anyway, the details provided by the poster as to what took place at the summary judgment hearing gives some insight into what can happen in court. 

 

 

A good, experienced attorney can make all the difference.  Also, even within a state, some jurisdictions can have a reputation for being creditor friendly while others can have a reputation for being debtor friendly.  That's even true for the federal district courts,

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