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Ineedhelp19

Sued by midland funding need help on what to do next

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Hi I am in the middle of a lawsuit with the scum of the earth midland funding. Here's where I'm at so far

 

I was served a summons which I responded to.

I then received a request for production and a request for admissions.

I responded to both of these admitting nothing and did not provide midland with anything they could use against me.

I then filed my own request for production and have just received a response here is what I received:

 

1 "All documents evidencing any communication between plaintiff and defendant in connection with the agreement described in Plaintiffs Petition, including letters and correspondence"

response: Please find attached midland letter and letter of initial validation. Plaintiff has no further responive documents at this time

 

2. "The alleged credit card application from account numbers ****************** bearing the defendant's signature"

response No signed application is within Plaintiff's care, custody, or control. Please find attatched Account level terms and conditions. Plaintiff has no further responsive documents at this time.

 

3. "The alleged credit agreement from account numbers ********************** that states interest rate, grace period, terms of repayment et cetera"

Response: Please find the attached statements coving march of 2017 until february 2018. These contain additional terms and conditions, such as the interest rate. The account level terms and conditions previously attached in response to request for production 2, above, are also responsive to this request. Plaintiff has no further responsive documents at this time.

 

4. "itemized statements or credit card statements from account numbers *********** that demonstrate how the alleged amount of XXXXX was calculated"

response: The Statements previously attached in response to request for production 3 above are also responsive to this request. Plaintiff has no further responsive documents at this time

 

5. "A contract, agreement, assignment, or other means of demonstrating that midland funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from account numbers ******

response: please find attatched Chain of Title with account-specific attachment. Plaintiff has no further responsive documents at this time

 

6. "Letters sent to defendant by midland funding LLC, demonstrating an attempt to collect on the alleged debt. Account number ********"

response: The midland Letter and Letter of initial validation, previously attached in response to defendants request for production 1, are also responsive to this request. Plaintiff has no further responsive documents at this time.

 

7. "a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally"

response: Please find the attached Plaintiff's Affidavit. Plaintiff has no further responsive documents at this time.

 

8. "any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account numbers ***********"

response: Please find attached goodby letter. Plaintiff has no further responsive documents at this time.

 

9. "any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt"

response: Plaintiff has no further responsive documents at this time.

 

10.  "Any and all written communication, received by the plaintiff and/or plaintiffs attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff's and/or plaintiff's attorney accessing of defendant's  credit report(s)"

response: Plaintiff has no further responsive documents at this time.

 

11. "Any and all communications from the plaintiff and/or plaintiffs attorney to the defendant explaining why plaintiff and or plaintiffs attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant's credit report"

Response: Plaintiff has no responsive documents at this time.

 

12" Any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency as well as obtaining defendants credit report(s)

Response: Plaintiff has no response documents at this time.

 

13 "Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collection debts, that relate to the defendant and/or Account numbers *********"

response: Objection, defendant's request is not reasonably calculated to lead to the discovery of admissible evidence. Further, this request calls for documents protected under the work- product doctrine.

 

I have never been through the court system before but it seems to me if they don't have any documents with my signature agreeing to the terms and conditions of the credit card agreement, or anything with my signature on it, then they really don't have a case.

I don't know what I should do next. Should I file a motion to compel them to provide me with signed credit card agreement? Should I file a motion to drop the case? I really just have no idea after this. This is taking place in the state of Washington if that helps. This site has been a lifesaver and I thank anyone who will respond/help with this. Thank you!

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12 minutes ago, Ineedhelp19 said:

I have never been through the court system before but it seems to me if they don't have any documents with my signature agreeing to the terms and conditions of the credit card agreement, or anything with my signature on it, then they really don't have a case.

Signed applications went out with quill pens and powdered wigs. Every time you used the credit card you agreed to the terms of the contract. Since we are living in the computer age, they have everything they need to win in court. Read the sticky thread on the main page about Arbitration. It is your only chance.

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This process has been a nightmare. I recently got engaged and we are trying to plan a wedding and get on with our life and then midland funding brought this case against me.

 

There is an arbitration clause mentioning JAMS and AAA in the credit card agreement which is through synchrony bank. I have a couple questions that I haven’t been able to find the answer to:

The court case is through whatcom county district court in Washington state. On their website I can only find information about arbitration through the superior court, not the district court. Same goes for the template they have for requests for arbitration are only for superior court as far as I can tell.

 

In my initial response I did not list lack of jurisdiction as an affirmative defense. Is it possible for me to still file a motion to compel arbitration? Again, I can’t find any information about this on the court’s website. 

 

If I cannot file a motion to compel arbitration at this point, is it worth it to reach out to the plaintiff and try to settle? I’m not totally opposed to paying them I just absolutely want to avoid garnishment at all costs. 

 

Thank you you for your responses 

 

 

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