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Being sued by Midland credit & on ssdi


Dazima
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We will need more information before we can give you an idea on how to defend.

1) Who is the original creditor
2) Approx. amount of debt (you can use whole numbers to avoid someone from Midland knowing who this is about)
3) How you were served

If you only income is SSDI and you do not have any assets, then tell your bank that you only get SSDI into the account and never keep more than 2 months of income in that account. They cannot attach the account so you are collection proof at this point. It is good to avoid a judgement however because they last a long time and can be renewed indefinitely. They are banking on you coming into money someday and they can sell the debt for more than they paid with a judgement attached.

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33 minutes ago, WhoCares1000 said:

We will need more information before we can give you an idea on how to defend.

1) Who is the original creditor

credit one Bank


2) Approx. amount of debt (you can use whole numbers to avoid someone from Midland knowing who this is about)

$1466


3) How you were served

certified mail

If you only income is SSDI and you do not have any assets, then tell your bank that you only get SSDI into the account and never keep more than 2 months of income in that account. They cannot attach the account so you are collection proof at this point. It is good to avoid a judgement however because they last a long time and can be renewed indefinitely. They are banking on you coming into money someday and they can sell the debt for more than they paid with a judgement attached.

 

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OK, I think Credit One Bank might have a small claims exemption to arbitration so if that is the case, you will probably have to deal with the court. Others might have a better response to that.

I would contact the clerk and see if an written answer is required or if you can simply show up. They court already knows when the case is scheduled on the calendar so they would expect the parties to show up. Simply show up and if required, let the judge's clerk know that you are there. Otherwise, simply wait for the case to be called and stand up and give your answer. If a written answer is required, you need to send one to the court and the plaintiff attorney and it needs to be something more substantial than I cannot afford to pay. A general denial is best if you can get away with it (this is where you deny everything). If they have correct things like your name and address, you can affirm those items while denying the rest.

From there, it depends on if their attorney shows up for the court case or not. If they do, you are going to have to fight the case as best you can. We can certainly help if we know what they are claiming and what evidence they have provided (if any). Most likely, this will be like Judge Judy without the attitude from the judge. They present their case, you present yours, and the judge renders a decision.

If their attorney does not show up, when the judge calls you, wait until the judge acknowledges that the attorney is not there, you immediately move that the case be dismissed with prejudice and judgement entered for the defendant. The worse the judge might do is continue the case for 30 days or most likely, dismiss the case without prejudice.

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I recently had a Midland/Credit One case.  There was a small claims exception.  Cases in VA do not go to small claims court when an attorney is involved, unless they're not acting as an attorney, so I was able to get my MTC granted anyway. Midland's attorney did try to argue that the "spirit" of the contract would include general district court in VA - the judge didn't buy it. 

I found this last night in relation to Midland.  I was researching what the sales contract between OC & JDB's might contain after I saw a YouTube video that said those terms usually include no warranty from the seller that the account information was accurate.

OneConstSq_1270_Konica754-20150908143022 (consumerfinance.gov)

On page 35, it states this:

Quote

A certified or otherwise properly authenticated copy of each bill of sale or other document evidencing the transfer of ownership of the Debt at the time of Charge-off to each successive owner, including Encore. Each of the documents evidencing the transfer of ownership of the Debt must include a specific reference to the particular Debt being collected upon; and

Does anyone else read that as the all documents of sale, including the bill of sale, would have to list the specific debt?  It says "EACH".  My understanding is that the sale transaction would include the purchase agreement (like the contract with all the terms), the bill of sale, and a data file containing details of each account.  Sometimes, the OC includes a limited number of statements. Other times, the JDB has to go back to the OC for them, and they may have to pay extra to get them at some point.

Does that mean with this consent order (need to research more about what that means), Midland is ordered to comply with the quoted statement above?

It was ordered in September 2015.  I have no idea if it expires or if any other order/ruling has been made since that overrides it.  I read through to about that page last night before I stopped.  It, combined with some debt purchase agreements that I could find online, were very interesting. 

I still plan on taking the remainder of my outstanding old debts through arbitration, but this gave me lots of food for thought if I ever have to actually argue my case in arbitration. 

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