Sued by Midland in OK by Love, Beal & Nixon Pt.2

[pureguava]

The last I have heard from LBN, since I dropped off my responses (here) to their Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents in late February of 2015, was on November 12th, 2015; a little over a week ago.

 

It has "the following documents in the above-referenced case:"

• Billing Statements
• Bill of Sale
• Field Data Sheet

Inside is:

 

1) Are a bunch of Account Statements from Citi for about 8 months. These do not include the first statement of the account. Also, the last payment listed on these statements, from Citi, is 10/24/2008.

 

It should be noted that in the Petition for Indebtedness they sent me is says, "3) the last payment posted to the account on 2010-03-01." I'm guessing they are using that date as some payment made to ASSET ACCEPTANCE, LLC.

 

2) A Bill of Sale from ASSET ACCEPTANCE, LLC to Midland Funding, LLC for the amount of REDACTED for all the rights, titles, and interests for the purchased accounts identified on Schedule A (the following page is titled Schedule A with a Purchased Accounts Files heading with REDACTED on it). It mentions files and records, from the sale of the account, contained in this sale... but all that stuff wasn't in my little packet.  

 

3) The bottom says, "Data printed by Midland....from electronic records provided by Asset Acceptance, LLC pursuant to Bill of Sale/Assignment of Accounts transferred on or about 11/21/2013...". This sheet shows the original account number, last 4 SSN, name, address, open date (11-17-2003) charge off date (11-17-2009), last payment date (03-01-2010) and amount.

 

There is nothing stating it requires a response or anything dealing with a/the court and ends with "If you would like to resolve this matter..."

 

 

As far as the Oklahoma Court Network (online records for cases) shows, the last date on the docket was on 1-28-2015, for the Certificate of Service for the Req. for Admissions & Interrogatories (which I responded to- see the first sentence of this post).

 

 

 

Should I file for a Motion to Dismiss or Motion to Compel?

 

There hasn't been any activity, from their end, for almost 10 months. To be honest, I completely forgot about this whole thing...

[shellieh98]

I would amend my answer to include the debt is time barred if you didn't plead it when you answered.  And I would file a counter suit for the FDCPA violation of suing on a time barred debt.  

[shellieh98]

skimming through your old thread, it seems some of this may have been covered.  

So you never asserted the SOL defense even though you knew it was close?  Never pursued it when you didn't think you made that payment in march?

You never went through with the arbitration election?

 

This case is not going to go away.  Forgetting about it will do nothing but help them get a judgement against you.  Make up your mind on what your going to do and do it.  

You should keep everything pertaining to your case in one thread also so we don't have to go searching for things that have been covered. 

[BV80]

@pureguava

 

You need to get copies of your bank statements from around the time they claim the last payment was made in order to see if you made it or not.