Chaya14

Midland Filed a claim on me in GA

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So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt.  Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently.

It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy  and cooling& winter LLC Louis R FEINGOLD Lawyers handling it.

They attached 2 statements from best buy (neither showing new purchases) and a affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finanace Unit LLC and another  bill of sale from CBNA to  (Citibank) selling to  atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a finaly page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14.

Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here.

Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here.

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You'd get more eyes if you post in the Lawyer in the House section http://www.creditinfocenter.com/community/forum/177-is-there-a-lawyer-in-the-house/ but just from what you post they don't meet the CFPB order against Midland for showing account use on statements and specific account shown on sale docs. see page 34 http://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf

Is this Magistrate court and does the cardmember agreement have arbitration mentioned?

@fisthardcheese @NormInGeorgia @Clydesmom

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I did put it in that section...  *edit* i will post it without the state laws section too thankyou!*

"

 

Yes it is magistrate court. I can't find my original agreement but the copy they have attached which is on the end of a statement they attached.

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36 minutes ago, CCRP626 said:

just from what you post they don't meet the CFPB order against Midland for showing account use on statements and specific account shown on sale docs.

GA Magistrate Court does not require that those documents be provided with the summons.  Midland only has to produce them in court to be in compliance with the order and GA business records law(s).

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@Chaya14   This is the one that most people put their case info in so folks can see and comment.      Home -- Legal Issues -- Is There a Lawyer in the House.   You just went one level deeper than needed.

If you copy the list of numbered questions from this other post below and paste it into a new thread under that forum heading, you will be good to go and get the most helpful information.   I will be happy to offer comments based on my experiences with GA magistrate court.

 

 

 

 

 

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8 hours ago, Clydesmom said:

GA Magistrate Court does not require that those documents be provided with the summons.  Midland only has to produce them in court to be in compliance with the order and GA business records law(s).

@CCRP626 on top of the Midland compliance from the CFPB, this case also must comply with the stipulated judgement entered into by the old Hannah firm, which specifically also names the weasels Winter and Cooling.  Among the required items are:

1) Not use affidavits as evidence to collect consumer debts unless the statements specifically and accurately describe the signer’s knowledge of the facts and the documents attached.

2) Certify in writing that the initiation of each consumer debt collection lawsuit and the submission of any affidavit in connection with each lawsuit comply with the terms and conditions of the Stipulated Final Judgment and Order.

According to the OP, it appears they may have complied with the other terms, but these are two that should be looked into.

Now, with that aside, I would work on arbitration since this is in Magistrate Court.  Check through my posts for lots of threads regarding GA Magistrate and how arbitration works as a good defense in these types of cases.

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@fisthardcheese i posted a seperate thread (like a few others mentioned) with more information... can i get your opinion on it there too?  I am apparently not so good at figuring all this out and almost need a walthrough. I looked through a few of your other posts and am hoping i have the jist of it. Deny everything, tell them i want arbitration, ask for more documents and proof and hope they dont have it? 

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