SJS72

Being Sued by Midland Credit Management in SC

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Hi everyone! Just looking for some help on what to do next. 

1.    Who is the named plaintiff in the suit?

Midland Credit Management

 

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

Clarkson and Hale

 

3. How much are you being sued for?

    $1882.85

 

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

     Capital One

 

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)

     Left at door

 

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?

     York County, SC

 

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

       September 5, 2017. Suit filed 7/23/20 so inside the SOL.

 

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

        June 11, 2015

 

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

       3 years

      

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  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. Hearing date scheduled for December 4.

 

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

        No

 

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

 

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

        30 days. I filed my answer in August.

        They are claiming that:

-         the account was charged off 4/09/18 in the amount of $1802.85

-         for good and valuable consideration the account was assigned to Midland making them the holder of the account

-         that they are owed $1802.85

-         that I agreed to pay all collection costs

Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No

 

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

        Just an affidavit. Nothing else.

 

This is Magistrate’s Court, or Small Claims Court, so it appears to be rather informal. Notice of hearing states that evidence can be brought to the hearing. I haven’t received anything from Midland yet, although based on other people’s experiences it seems they like to send you a packet that you receive the day before the court date.

What should I do at this point? Should I send discovery?  File a sworn denial? I tried researching sworn denial but cannot find anything in civil procedure regarding it. Or should I just prepare for the hearing with my affirmative defenses?

Thanks for the help. I know this is short notice, but just received notice of the hearing and am not sure what to do.

Happy Thanksgiving, and please be safe!

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9 hours ago, SJS72 said:

What should I do at this point? Should I send discovery?  File a sworn denial? I tried researching sworn denial but cannot find anything in civil procedure regarding it. Or should I just prepare for the hearing with my affirmative defenses?


 What is/are your affirmative defense(s)?

There is no formal discovery in Magistrate Court.  In other words, you don’t send a “request for production of documents”, etc.  Here is the SC Magistrate Court rule regarding the exchange of information.

RULE 15
EXCHANGE OF INFORMATION BETWEEN PARTIES; SETTLEMENT

(a) Recognizing the unique nature of the court's jurisdiction and the need for a speedy determination of actions filed in the court, the prompt voluntary exchange of information and documents by parties prior to trial is encouraged, but in no event shall the court require such exchange.

In the following link, choose “magistrate.”

https://www.sccourts.org/courtReg/

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I too am going through the same process. With the same creditor, and likely the same law firm. I found out about the law suit from my mother, I never actually was served she was. Also I’m really not sure how they obtained my mother’s address instead of using the address that I actually reside. I wish you luck on your case and I hope you beat these clowns. I asked for validation in my answer and I sent an email to the lawyer, I have not received a response with proof. All they have is a general affidavit. They are punching to deny my counterclaim stating I did not show proof. Im going to respond again because a court date has not been set, I’m sure things are delayed due to Covid, but these people are ruthless. I have located some news articles that show how they are winning judgements without fully proving anything.

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10 minutes ago, Reeree1982 said:

I too am going through the same process. With the same creditor, and likely the same law firm. I found out about the law suit from my mother, I never actually was served she was. Also I’m really not sure how they obtained my mother’s address instead of using the address that I actually reside. I wish you luck on your case and I hope you beat these clowns. I asked for validation in my answer and I sent an email to the lawyer, I have not received a response with proof. All they have is a general affidavit. They are punching to deny my counterclaim stating I did not show proof. Im going to respond again because a court date has not been set, I’m sure things are delayed due to Covid, but these people are ruthless. I have located some news articles that show how they are winning judgements without fully proving anything.

They are not required to respond to your validation request.  What was your counterclaim?

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https://www.postandcourier.com/news/sc-debt-collectors-earn-millions-by-simply-stating-what-theyre-owed-no-proof-necessary/article_0ca3b9ea-4ead-11ea-af0f-5bb444c52d16.html
 

and 

https://apnews.com/article/182483f8442d48c2afadccedc0fcf238

 

I absolutely believe they are using a general affidavit. I never received anything from MCM or Jackson and Hale until my mother alerted me that police served documents at her home—a place I haven’t lived since 2005! 

I’m going to push them to show proof. 

 

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7 minutes ago, BV80 said:

They are not required to respond to your validation request.  What was your counterclaim?

I probably didn’t know what I was doing, but I stated that I believed the violated the FDCPA by MCM filing the case using my mother’s address: I stated that the plaintiff communicated to a third party about a debt they say I owe. I also stated that they did not use due diligence to find the proper mailing address, and if the plaintiff had access to this debt they say I owe, they would have my correct address.  I also contact the lawyers separately. To request they send me the documents I requested. So sorry hey basically denied all of my claims 

so now they are requesting for my claims to be dismissed, and a judgment ruled in their favor. 

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I hate to hijack the thread, but I thought that the plaintiff had to show proof. Can I as the defendant request the case be dismissed due to the plaintiff failing to provide the information I requested in my answer and email to them directly? 

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1 hour ago, Reeree1982 said:

I stated that I believed the violated the FDCPA by MCM filing the case using my mother’s address: I stated that the plaintiff communicated to a third party about a debt they say I owe.

Filing at an address you haven't lived at in15 years if you live in another jurisdiction is an FDCPA violation.  Your mother getting the summons is not communication to a third party. As a public record the law suit and the summons are not subject to the FDCPA.

1 hour ago, Reeree1982 said:

so now they are requesting for my claims to be dismissed, and a judgment ruled in their favor.

Not surprising. You had a way to beat them at this but went about it ALL wrong.  All you did was telegraph to them you didn't know what you were doing.  

1 hour ago, Reeree1982 said:

I thought that the plaintiff had to show proof.

They do.  IN COURT.

1 hour ago, Reeree1982 said:

Can I as the defendant request the case be dismissed due to the plaintiff failing to provide the information I requested in my answer and email to them directly? 

You can but it probably won't work.  As long as they produce it in court they are covered since SC doesn't require they respond to your discovery request.  Do a free consult with a NACA Attorney to see if you can get them to file a counter claim and clean up this mess.

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21 minutes ago, Clydesmom said:

Filing at an address you haven't lived at in15 years if you live in another jurisdiction is an FDCPA violation.  Your mother getting the summons is not communication to a third party. As a public record the law suit and the summons are not subject to the FDCPA.

Not surprising. You had a way to beat them at this but went about it ALL wrong.  All you did was telegraph to them you didn't know what you were doing.  

I never told them in the answer I did not know what I was doing. I only stated that in this forum. In the response to my answer, They state “I failed to state facts that were sufficient to constitute a cause of action.” They also denied my claims and wants proof. (But they have yet to send the same proof is demanded.) I mean they have this alleged debt, they should have my address. I am only now receiving information because I stated the wrong address and updated my address in the answer and the email I sent them-requesting validation. I never I did have a card with capital one, I don’t remember the balance owed or even the card number. I don’t have anything from them showing this is actually my debt except for some affidavit they sent with the summary and complaint.  
 

I do believe we live in the same jurisdiction, but I am not really sure. How can I find that out. We live in the same county, but there are so many different magistrates in Columbia, my mother lives in Irmo. I believe on the Richland county side. 

 

 

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2 hours ago, BV80 said:

@Reeree1982

As @admin stated, there’s no discovery in magistrate court.  Parties can voluntarily provide evidence to each other before trial or simply bring evidence to court on the day of trial.  

So, Could I reach out to them personally again in writing? I have yet to have an actual court date. So it is up to them if they want to provide me with this information. Based on what I have been researching about them I don’t think they will send me anything. 

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23 minutes ago, Reeree1982 said:

So, Could I reach out to them personally again in writing? I have yet to have an actual court date. So it is up to them if they want to provide me with this information. Based on what I have been researching about them I don’t think they will send me anything. 

It wouldn’t hurt to try.  Don’t be surprised if they want the evidence you would present in court.  

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10 hours ago, Reeree1982 said:

I never told them in the answer I did not know what I was doing. 

HOW you answer also tells them the same thing without explicitly saying "i have no clue what I am doing".  Sending a demand for discovery and letters also tipped your hat.  The wording you use tells them what you do and don't know about the FDCPA and collection laws.

10 hours ago, Reeree1982 said:

In the response to my answer, They state “I failed to state facts that were sufficient to constitute a cause of action.” They also denied my claims and wants proof. (But they have yet to send the same proof is demanded.) I mean they have this alleged debt, they should have my address. I am only now receiving information because I stated the wrong address and updated my address in the answer and the email I sent them-requesting validation. I never I did have a card with capital one, I don’t remember the balance owed or even the card number. I don’t have anything from them showing this is actually my debt except for some affidavit they sent with the summary and complaint.  

ALL of these are issues to be decided at trial.  You need to consult a consumer attorney like I suggested earlier.  You also need start your own thread so the moderators can move this discussion there.  The OP is not getting any help because the thread has been hijacked.

 

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