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1. Who is the named plaintiff in the suit?

MIDLAND FUNDING LLC BY ITS SERVICING AGENT MIDLAND CREDIT MANAGEMENT INC

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

Kohn Law Firm S.C.

3. How much are you being sued for?

$1,406.67 plus court costs

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

Comenity Bank - Meijer

5. How do you know you are being sued? (You were served, right?)

I was served.

6. How were you served? (Mail, In person, Notice on door)

In person by Sheriff

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

Yes, to the best of my knowledge

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Received mailed notices, sent my landlord a letter verifying residence, spoke with them.

9. What state and county do you live in?

Illinois, Winnebago County.

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

5/5/17 - $60.00

11. When did you open the account (looking to establish what card agreement may be applicable)?

6/23/15

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

Time has not expired on the debt for written, oral, and open-ended accounts.

Statute of Limitations on Debts

13. 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).

Pending: First Return was on 3/5/20.  Filed Appearance.  Filed Motion for Continuance as I am not able to make the next status date (5/7/20) as I will be out of town for work.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No I have not.

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No I have not.

16. 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?

Appeared in person at first return on 3/5/20, filed Appearance, Filed Continuance.

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

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

Initial served with the summons, court filing, verification, final billing statement, Exhibit A: Bill of Sale, Affidavit of Lois Rieffer.  Attached as Summons.PDF (I redacted personal information).

After first return, was mailed additional documents: Meijer Credit Card Account Agreement, Comenity Bank charge off letter, Bill of Sale (They redacted information), Exhibit 1 to Bill of Sale: Asset Schedule (they redacted information), Account data from the bill of sale (database export it looks like), portfolio level affidavit (half of the page is whited out), Certificate of Conformity.  Attached as Documentation.PDF (I redacted personal information.  Also didn't include all statements, but they only include statements from 8/18/16 (balance at $931.64) - 1/18/18 ).

18.  How did you find out about this site?

Looking for information of on handling of these suits, found lots of good information out here!

 

Questions:

1. Most of the stuff I've been reading is over a year old, so I wanted to see the best way of moving forward.  It seems the invalid documentation/no contract loophole has been closed up as I'm sure the JDBs were sick of losing to this defense.

2. Is MTC Arbitration the best way to go?

3. I filed a continuance as I won't be able to be at the next status date.  Can I file a MTC with the Continuance pending?

 

It looks like @fisthardcheese, you are the most knowledgeable on this in IL, any help is appreciated!!

documentation.PDF summons.PDF

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Also curious: The law firm representing MCM/Midland Funding is acting as a debt collector.  All communication from them clearly states that (both written and telephone).  Kohn Law Firm is not listed as a licensed collection agency in Illinois.  As they are counsel for the creditor, are they waived from the FDCPA and/or Illinois requirements for debt collectors?  I searched them on the Illinois Department of Financial and Professional Regulation license search page: https://ilesonline.idfpr.illinois.gov/DFPR/Lookup/LicenseLookup.aspx and they were not listed.

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11 minutes ago, mgreerzy said:

Also curious: The law firm representing MCM/Midland Funding is acting as a debt collector.  All communication from them clearly states that (both written and telephone).  Kohn Law Firm is not listed as a licensed collection agency in Illinois.  As they are counsel for the creditor, are they waived from the FDCPA and/or Illinois requirements for debt collectors?  I searched them on the Illinois Department of Financial and Professional Regulation license search page: https://ilesonline.idfpr.illinois.gov/DFPR/Lookup/LicenseLookup.aspx and they were not listed.

IL appears to exempt law firms from the requirement.  

225 ILCS 425/2.03

This Act does not apply to persons whose collection activities are confined to and are directly related to the operation of a business other than that of a collection agency, and specifically does not include the following:

5. Licensed attorneys at law

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1 minute ago, BV80 said:

IL appears to exempt law firms from the requirement.  

225 ILCS 425/2.03

This Act does not apply to persons whose collection activities are confined to and are directly related to the operation of a business other than that of a collection agency, and specifically does not include the following:

5. Licensed attorneys at law

That clears it up!  Thanks!

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