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3rd party informed of Midland Funding, LLC suit to come


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Hi everyone. I need to let you all know that you are super awesome with all this information!!! 

Where do I start?  I have not been served. I  received a third party letter informing me of a legal suit filed against me with the case number and the amount in question. I went online and discovered that the case was electronically filed.  There is a date set for early August, then a trial date at the end of August.

I'm not gonna panic,  I'm a social worker & with recent Encore consent order I don't know how to move forward. Im also a member of the Midland' TCPA settlement suit... 

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Hi y'all. I've tried looking through the threads and get circled aroun... Then I drown in overload trying to understand it all. I need help, & (kinda) freaking out ?
 

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.) Independant lawyer, KM

3. How much are you being sued for? A little less than $2,000

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

5. How do you know you are being sued? (You were served, right?) Third party mailings/advertisements & web site.  Phone call from mcm (trying to collect on debt) informed me of lawsuit

6. How were you served? (Mail, In person, Notice on door) Have not been served

7. Was the service legal as required by your state? It's required

Process Service Requirements by State - Summons Complaint

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? IL

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April, 2015

11. What is the SOL on the debt? To find out: 6yrs

Statute of Limitations on Debts

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). Waiting to be served/complaint filed with trial set to call date scheduled

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. Yes & requested debt validation

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? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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@Brownidgrl  looks like you can't wait to be served. If you just want to see the complaint they have against you, head to the courthouse and pull it. That doesn't mean you've been served but you'll be able to see what they've got. Even if you get served later on, Illinois small claims rules don't require you to answer, just make an appearance, it's considered denied.

See the CFPB Midland Consent Order page 34 under PROHIBITION AGAINST THREATENING OR FILING COLLECTION LAWSUITS WITHOUT AN INTENT TO PROVE THE DEBT, IF CONTESTED

Credit One has arbitration if you want to look that over. https://www.creditonebank.com/assets/cardholderagreements/creditonebankcreditcardagreements.pdf

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  • 1 month later...

So i appeared in court today thinking I needed to be (to avoid judgement) & found out it was set in trial call. Small rant... Did you know that although it's small claims they still require to file an appearance (which also means you pay $165.00!?!!!) within 28 days.  Okay well with that said I have a date set for status in October. I feel like I Mucked ? myself by talking to the judge because I "thought" I needed to appear without service. I have everything that they submitted to the court, however I feel there's a violation in order. Let me explain: on July 5th midland called me requesting payment on the "debt" at which time I explained I had never received information from my debt validation letter showing in fact this is my debt & that I had never gave permission to contact me via cell phone. The gentle man rushed off the phone and stated he would ensure the validity of the account would be sent to me. I did receive 2 letters from them since that call 1) being a letter informing me they would not contact me as they would do their own investigation for the acct & 2) all documents to validate the debt. 

I have NO idea what I'm doing, what I should do further & feel I've screwed myself. I've read over threads and get so confused with the process.  I'm hoping/pray that someone could advise as to a direction. Thank you!! ☺️

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20 minutes ago, Brownidgrl said:

Let me explain: on July 5th midland called me requesting payment on the "debt" at which time I explained I had never received information from my debt validation letter showing in fact this is my debt & that I had never gave permission to contact me via cell phone. The gentle man rushed off the phone and stated he would ensure the validity of the account would be sent to me. I did receive 2 letters from them since that call 1) being a letter informing me they would not contact me as they would do their own investigation for the acct & 2) all documents to validate the debt. 

Did you send the validation request in response to a collection letter from Midland?  If so, did that letter contain the 30-day validation notice?

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1 minute ago, Brownidgrl said:

Yes.  It was a letter informing me my account had a new home, and I had choices to choose to pay in full. I sent a validation letter on 12.11.15 (they claim they didn't receive). 

Did you send it by certified mail?

In regard to phone calls, if you gave your cell number to the OC, then Midland can call you. 

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5 minutes ago, Brownidgrl said:

Not at all. I admit I let life get the best of me & neglected to follow up. They called on July 5 this year, at which point they abided by the verbal (recorded?) request... Am I screwed? I will have to scan documents once I get to a working scanner to attach

If you can prove you sent the letter, you'd have an FDCPA counterclaim.  Even if they hadn't called, they'd still have to respond before suing.

The only problem is that Midland can claim they sent validation.  They don't have to prove you received it.

BTW, did you send your letter within 30 days of receiving Midland's letter?

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I did send the letter within 30 days of receipt (originally). They sent validation after the suit was filed (6.27) & after I requested it (7.5) the second time. Because there was a suit filed I have not reached out to them. They informed me that I can  request substantiation of the debt, then later the letter states if the account is in suit they will continue until resolved. 

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@Brownidgrl

Of course, you want to look into arbitration.  Midland probably would not want to arbitrate and would end up dropping the lawsuit.

Question:  You redacted some lines in all of the affidavits.   I'm not referring to Midland's affidavit, just the others.   Did the redacted lines in the other affidavits show your name?

 

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2 hours ago, Brownidgrl said:

@BV80 those were previously done, assuming by Midland. Nothing had my name unless I covered it with my yellow post-it's :). Lol

Okey dokey.

After a quick perusal, some tidbits regarding the documentation:

1.  The Credit One affidavit only confirms which entities purchase Credit One accounts and that Sherman can purchase accounts from MHC and FNBM.   It does nothing to confirm that the account in question was transferred or sold to any entity at all.

2.  As has been stated many times on this site, none of the bills of sale reference you or the account in question.

3.  The "Field Data" shows a last payment on 2/18/2015 but no statement was provided to support that data.

4.   Midland's affidavit (Mycah Struck) states the account was charged off on 10/04/2015 but no evidence is offered to support that claim.

That being said, look into the arbitration provision of the agreement provided by Midland.   Since Midland provided it, they can't argue that you don't have a right to arbitrate their claim.

Calling @fisthardcheese

 

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I'm having difficulty wrapping my head around a few things that (maybe) questionable in their submitted documents. 

1.  In Mycah Struck/Midlands affidavit page 1 states the state of Illinois, however page 3 of the same affidavit states Minnesota. Is this typical? 

2. There was an exhibit A (credit one affidavit) & an exhibit G (affidavit of sale). Where are exhibits B-F? or do I dare ask... 

3. According to exhibit A and the certificate of confirmity they were dated the day BEFORE the account originated per the info on last page (Part II) field data.

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  • 6 months later...

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