Jump to content

Help, being sued by Midland in Louisiana


Recommended Posts

1. Who is the named plaintiff in the suit?

Midland Funding, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Eaton Group Attorneys in Baton Rouge

3. How much are you being sued for?

$4182.14

4. Who is the original creditor? (if not the Plaintiff)

Synchrony Bank (PayPal credit)

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)

At home, wife received

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

9. What state and county do you live in?

Jefferson Parish, Louisiana

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Feb 2015

11. What is the SOL on the debt? To find out: 

3 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served on 5/25

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? 

Answer due in 10 calendar days from service  

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

No attachments or exhibits


I was served with a copy of the Petition and a Request for Admission of Fact as shown below:

 

                                                                                                XXXXXX-XX

MIDLAND FUNDING LLC                                                         NUMBER:  XXXXXX

VERSUS                                                                                    FIRST PARISH COURT

ME                                                                                           PARISH OF JEFFERSON

                                                                                                STATE OF LOUISIANA

 

PETITION

            NOW INTO COURT, through the undersigned attorney, comes MIDLAND FUNDING LLC, domiciled in the state of DELAWARE, the owner of all rights, title and interest in this receivable issued through SYNCHRONY BANK, which with respect represents:

I.

            The defendant ME (SSN xxx-xx-xxxx) individual account holder, domiciled in METAIRIE, LA, is justly indebted unto your petitioner in the full sum of $4182.14, together with all costs of these proceedings.

II.

            The outstanding balance is due on the defendant’s PAYPAL account bearing #*******XXXXXX. The defendant has defaulted and the balance remains after amicable demand on April 3, 2016.

 

            WHEREFORE, petitioner prays for service and citation pursuant to law and after all legal delays and judicial proceedings had, that there be judgment in favor of the petitioner and against the defendant in the full sum set forth above including principal and all costs. Petitioner expressly disclaims any and all additional amounts related to attorney fees for which it might be legally entitled to recover.

 

            BY ATTORNEY:                                                            PLEASE SERVE

                EATON GROUP ATTORNEYS, LLC                                                               ME

 

 

 

                                                                                                XXXXXX-XX

MIDLAND FUNDING LLC                                                         NUMBER:  XXXXXX

VERSUS                                                                                    FIRST PARISH COURT

ME                                                                                           PARISH OF JEFFERSON

                                                                                                STATE OF LOUISIANA

 

REQUEST FOR ADMISSION OF FACT

            Plaintiff herein calls upon the defendant to answer requests for admissions of fact. In accordance with Louisiana law, including but not limited to Code of Civil Procedure articles 1466 and 1467, each fact may be deemed admitted by defendant as a matter of law if there is no response within thirty (30) days after service of this request or such shorter time period set forth by the citation, by statute, by law or by the court.

1.

It is a fact that MIDLAND FUNDING LLC is the owner of all rights, title and interest in this receivable issued through SYNCHRONY BANK.

2.

            It is a fact that your outstanding balance on the account is $4182.14, together with all costs of these proceedings.

3.

It is a fact that you applied for and were issued a(n) PAYPAL account bearing #*******XXXXXX.

 

 

Baton Rouge, Louisiana, this day of May, 18, 2016.

 

     BY ATTORNEY:                                                                   PLEASE SERVE

     EATON GROUP ATTORNEYS, LLC                                                          ME

 

I am currently working on my answer but I was wondering if I have to file an answer to the petition AND to the request or can I do 1 combined answer to both?  I've been reading the boards and think I have an idea about the answer but just wanted to figure that out first.  Any help is greatly appreciated.

Link to comment
Share on other sites

Check your discovery section in the LA code of civil procedures. Usually the answer is separate from discovery and discovery is not filed with the court except for proof of service. Those requests for admissions make sure you answer within the time limits or they're deemed admitted- Midland saying they're the owner, you don't answer and they have standing. This is a big deal and is a big part of your case. You also want to check the CFPB order against Midland.  See page 34 on, they have a specific hurdle to clear for standing and other account documentation.

http://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf

Did you serve them with your own discovery?

  • Like 1
Link to comment
Share on other sites

Thanks CCRP626 for the advice, I just read over the documentation requirements.  I have not served them with discovery as of yet, just got finished my answers.  Stupid question but, do I send the CMRRR copies to Midland or to the attorney? Answers  posted below.

 

 

ANSWER TO PETITION

            NOW INTO COURT, appearing pro se, comes the defendant, ME, in response to MIDLAND FUNDING LLC petition, with respect responds:

I.

            The defendant ME (SSN xxx-xx-xxxx) individual account holder, domiciled in METAIRIE, LA, is justly indebted unto your petitioner in the full sum of $4,182.14, together with all costs of these proceedings.

            Defendant denies any indebtedness to the petitioner.

II.

            The outstanding balance is due on the defendant’s PAYPAL account bearing #********xxxxxxxx. The defendant has defaulted and the balance remains after amicable demand on April 3, 2016.

            Defendant denies the allegations set forth in paragraph two.

 

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: EATON GROUP ATTORNEYS, LLA, on 6/1/2016.

 

ANSWER TO REQUEST FOR ADMISSION OF FACT

            NOW INTO COURT, appearing pro se, comes the defendant, ME, in response to MIDLAND FUNDING LLC request for admissions of fact, hereby states

1.

It is a fact that MIDLAND FUNDING LLC is the owner of all rights, title and interest in this receivable issued through SYNCHRONY BANK.

OBJECTION - Calls for a legal conclusion based upon information which is beyond the scope of the Defendant's knowledge. Ownership is a matter for the Plaintiff to prove by admissible evidence.

2.

It is a fact that your outstanding balance on the account is $4,182.14, together with all costs of these proceedings.

           

            OBJECTION - Ownership of the account has not been proven, therefore any "balance" is moot and is best left to the trier of fact to determine, should it be necessary.           

3.

It is a fact that you applied for and were issued a(n) PAYPAL account bearing #********xxxxxxxx.

OBJECTION - The request refers to an application, which was not attached. Defendant cannot recall this particular account. The application will be requested in discovery, considering plaintiff considers it a fact.

 

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: EATON GROUP ATTORNEYS, LLA, on 6/1/2016.

Link to comment
Share on other sites

  • 3 months later...
  • 3 months later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.