froggystyle

Sued By Midland in Colorado

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Hello,

I just received a "summons" today from a group called, "Midland Funding LLC / Machol & Johannes, LLC" (latter appears to be an actual law firm here) that claims to be representing WEBBANK/Dell Financial Services and wishes to sue me for an amount of $1156.20. This is recorded on a simplified civil procedure form.

On the front page of this summons I get the following information:

1. On, November 10, 2015, at 9:00 a.m., in the COUNTY COURT OF LARIMER, IF AN Answer is NOT FILED, THE COURT, MAY BE ASKED TO ENTER JUDGEMENT AGAINST YOU AS SET FORTH IN THE COMPLAINT

2. A COPY OF THE COMPLAINT AGAINST YOU AND AN ANSWER FORM WHICH YOU MUST USE IF YOU FILE AN ANSWER ARE ATTACHED.

3. IF YOU DO NOT AGREE WITH THE COMPLAIN, THEN YOU MUST EITHER:

A. Go to the Court, located at 201 La Porte Avenue, Fort Collins, CO 80521, State of Colorado at the above date and time and file the Answer stating any legal reason you have why judgement should not be entered against you, or

B. File the Answer with the Court before that date and time.

4. WHEN YOU FILE YOUR ANSWER, YOU MUST PAY A FILING FEE TO THE CLERK OF THE COURT

5. IF YOU FILE AN ANSWER, YOU MUST GIVE OR MAIL A COPY TO THE PLAINTIFF OR THE ATTORNEY WHO SIGNED THE COMPLAINT.

6. IF YOU DO NOT FILE AN ANSWER THEN THE COURT MAY ENTER A DEFAULT JUDGEMENT AGAINST YOU FOR THE RELIEF REQUESTED IN THE COMPLAINT.

7. IF YOU WANT A JURY TRIAL, YOU MUST ASK FOR ONE IN THE ANSWER AND PAY A JURY FEE IN ADDITION TO THE FILING FEE.

8. IF YOU WANT TO FILE AN ANSWER OR REQUEST A JURY TRIAL AND YOU ARE INDIGENT, YOU MUST APPEAR AT THE ABOVE DATE AND TIME, FILL OUT A FINANCIAL AFFIDAVIT AND ASK THE COURT TO WAIVE THE FEE.

Date: September 25, 2015.

Blah blah blah pursuant to rule 303.

The next page is the complaint under simplified civil proceedure:

The Plaintiff, by its attorneys, Machol & Johannes, LLC, states and alleges as follows:

1. Venue is proper as the Defendant resides within this county at <REDACTED> and/or entered into a contract within this county.

2. This Plaintiff, as assignee of WEBBANK/DELL FINANCIAL SERVICES, LLC, seeks an amount due from the Defendant for a loan, promissory note, credit obligation, enrollment obligation, and/or lease obligation (the Obligation), which the Defendant has failed to repay.

3. The Defendant executed a loan agreement, promissory note, credit agreement, enrollment agreement and/or lease (the Agreement), payable to or for the benefit of the Plantiff, to evidence the credit extended. Defendant failed to make payment to the Plaintiff as required by the terms of the Agreement, having defaulted on the repayment of the Obligation when due and after demand.

4. The amount the Plaintiff claims from the Defendant is $1,156.20, which represents the balance of the Obligation, plus court costs.

5. The Plantiff's claim arises from the Defendant's failure to pay the liquidated balance due on the Obligation. The Plaintiff claims the right to recover from the Defendant under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Promissory Note, Account Stated, Unjust Enrichment, or Statutory Interest.

6. The Defendant is not a minor, an incompetent, or in the military service of the United States, but is engaged in civilian pursuits.

7. The Plaintiff does not demand trial by jury.

Then there is an Answer form for civil procedure and then a generic letter head for MACHOL & JOHANNES, LLC followed by EZ-Pay options.

I had received one letter from Midland Funding prior to this but dismissed it because I could not validate the claim (I never responded to their inquiry because it seemed like a scam -> I have received other bogus "lawsuit" phone calls from the DEA, Microsoft scam calls, the IRS issuing "bench warrants", etc. over the last few years). They came to my grandmother's house today and served this to her for me. She refused to sign any of the papers this woman apparently brought with her and was given this summons. The woman had apparently tried to insist on getting my grandmother to sign some papers but couldn't explain to her what they were for (she thought this was a scam).

Upon receiving a phone call from my grandmother I called the county clerk as this seemed way to suspicious to be real. With no case number they were unable to find anything but said I would have to call back tomorrow. I also investigated this online and saw that there are other circumstances where this agency is demanding people show up in court but they never appear (same court house in fact). I work evenings and this is going to be a real problem.

I am planning on traveling to the court house and seeing what the forms look like to dispute this. The form they attached has no options that seem valid as I cannot authenticate the claim that I owe Dell anything. I did have a line of credit with them many years ago but I paid it off - the trouble is it was so long ago that I have lost the paper work for it (I want to say 2007-2009? somewhere in there). I pulled up my brief credit record and I can only find evidence of Midland Funding putting me into a collections. I can find no record WEBBANK/DELL even selling this debt off to a collections agency.

I have every reason to believe that this is complete horse poop. My question is should I retain a lawyer? If so, does anyone in (or has dealt with) these people got a lawyer for Larimer County they recommend talking to? Is it worth even retaining one? If these people can prove I have a debt to pay I will pay it - but I don't think they can as _I cannot recall ever owing Dell money_.

Thank you in advance. I appreciate any assistance I can get.

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@froggystyle

 

With no case number they were unable to find anything but said I would have to call back tomorrow.

 

 

Midland Funding is a junk debt buyer who sues on a regular basis.  Do not ignore them.

 

There's no case number on the complaint?

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No, but my presumption is that they haven't filed it yet.

What I'm mostly curious about is how to deny the allegations here.  I know I have to but not sure what the best means to do so is.

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I just pulled all 3 full reports and this is the only thing that shows up (that's even negative).  I can't find the original transaction for this supposed debt and it's only on my transunion report.  They're reporting that I even made a payment on this in 2014 (I didn't).  So now I've got to dispute this in the courts and on my report.  These guys can suck a big butt.

 

MIDLAND FUNDING LLC   #856244****

2365 NORTHSIDE DRIVE

SUITE 300

SAN DIEGO, CA 92108(844) 236-1959

Placed for collection:12/19/2013

Responsibility:Individual Account

Account Type:Open Account

Loan Type: FACTORING COMPANY ACCOUNT

Balance: $1,207Date

Updated:10/09/2015

Last Payment Made:01/29/2014

Original Amount:$1,507

Original Creditor: WEBBANK

Past Due: >$1,207< Pay Status:>In Collection<

Remarks:

>PLACED FOR COLLECTION<


I'm pretty sure this is an open and shut case of negligent attorneys pushing for me to do nothing.  The lawsuit they've "levered" on me doesn't even match this supposed amount and I can't find the original debt or validate that it was ever even sold to them.  Hopefully I hear back from some of the attorneys I've tried to reach out to.  I'd rather return sue them for harassment and also get this stricken from my record.

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Heard back from a lawyer and while he is willing to fight them his advice was to do it on my own because the amount claimed is about the cost of his retainer fee.  

They finally filed the case today with the Larimer County Court to.  So I will go turn in my dispute (General Denial).

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You need to find out absolutely when your last payment was. If the original account is not reporting to your credit reports, that tells me it is past reporting age. They quit reporting 7.5 years after the account either goes into default, or is closed. (Good or bad reporting)

Who did you bank with in 2007-2008? I would go and see if I could get copies of my checks, find that last payment.

I would answer the suit with a general denial. I would users my affirmative defenses

1. "account is barred by the applicable statues of limitations, which is 6 years in Colorado.

2. "Plaintiff lacks standing to sue"

I would then include a counterclaim for suing you on a time barred debt.

You will win your counter claim easier if you can prove your last payment. But in the alternative, you can get a copy of your bank statement for the month before, during, and after the month they say last payment was made. You would need to get an affidavit from the bank also saying they are true and correct copies. You may need them to 1. Prove you did not make a payment in your defense, and if you can get when the last payment was, it will show it is past the sol.

They have to prove you did make the payment.

After you answer, you can work on getting records. You won't have anything to do until your disclosure is due. You will use this time to learn the rules of civil procedure, and prepare your disclosure.

If the plaintiff tries to send you any type of discovery, be sure and post it. They are not allowed to do that in cases under 25k, but M & C may try anyway to intimidate you.

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Did they include anything with the summons?

I think they are just trying to get a default judgement if not, you really need to file the counter suit. It's worth 1000.00 in your pocket from them.

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Did they include anything with the summons?

I think they are just trying to get a default judgement if not, you really need to file the counter suit. It's worth 1000.00 in your pocket from them.

There was no other data with it.  They had called me last week and tried to tell me the court date was being moved to December 8th but the court clerk told me everyday no motion to move it has been filed so I'm pretty sure they are trying to get me not to appear.

The issue with getting anything out of the bank I used at the time is that it went bankrupt around the same time and I've not kept any records of it.  The attorney I've spoken with told me I should probably seek an affirmative defense because I don't have sufficient evidence to prove I don't owe it but to either request discovery or attempt to ask for arbitration OR settle it for a small lump sum (since recruiting the lawyer is going to cost just as much as the amount being argued for).  Crappy situation but I guess a learning experience. 

My only other big issue is that I just lost employment last week and don't really have the money to throw here.

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Look up we bank/ dell, see what the credit agreement says. If they have an arbitration agreement, I would demand Arb, it will make them go away rather quickly

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The clerk who recorded that I showed up told me they would have till December 8th to file a motion to extend it (since this was a preliminary only - I was only going to see what their claim was, no judge was involved).  If they don't then a judge will dismiss it and I can request that they do it with prejudice.  Otherwise I guess it goes into limbo and they have to serve again?

I also just picked up a new job today - one that pay's infinitely more than my last so if they come back I will probably just offer to settle or hire an attorney to deal with it.  I have a feeling that when I put a dispute with Transunion on my credit report they got the message.

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Did anything ever happen with this?  I am curious because I am at the start of a similar situation.  My 14 year old daughter was served on my behalf with a summons to show up in 2 weeks in Arapahoe.  The debt is a credit card debt from Idaho, where I just moved from a little over a year ago.  For one thing, the last time the credit card was touched was in 2010 before my divorce.  For another thing, this debt was assigned to my exhusband who was a joint holder on the card.  I am the only one on the suit.. The statute of limitations in Idaho for Credit Card debt is 4 years.

 

I am trying to figure out a few things:

 

1) Does the statute goes off of the time in Idaho or Colorado?

 

2) Does it matter that they are only suing me with the credit card was a joint credit card with 2 names responsible?

 

3) Does it matter that my ex husband was assigned this debt in the divorce?

 

4) Does it matter that they served my 14 year old daughter?

 

Thanks~

 

 

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