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Midland in Maryland


Youvebeenserved
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2 hours ago, Clydesmom said:

If you are going to defend this case in court or arbiitration you cannot assume what they are going to do.  You have to do discovery either in court or arbitration.  While they may have attached minimal paperwork to the complaint as required under your state's laws and court procedures that does not mean they won't have more to support the case at trial or hearing.  Before you start discovery you need to pick a defensive strategy because in many states if you engage in discovery through the courts and participate in the litigation process you waive your right to arbitration.

You will also need MD case law to support your defense that the bill of sale does not specifically include your account.  It isn't enough to simply argue that point you have to support it.

I would be challenging the documents based on their combining 3 accounts into one suit that may be from different creditors with different records and accounting practices.

This was my thought, to challenge the documents they have attached. 
There are 2 different creditors Comenity and Citibank 

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Did they pull your info from website was it still there? Were you able to find last payments are any over the SOL. 

On 3/7/2023 at 5:44 PM, BackFromTheDebt said:

Since perhaps only one of the debts is SOL, you might consider making an offer to the plaintiff’s lawyer:  in exchange for you not filing an FDCPA claim or counter claim they agree to dismiss the suit and all associated accounts with prejudice.  A mutual walk away, which I have done a few times. 

 

Besides challenging the documents based on their combining 3 accounts into one suit that may be from different creditors with different records and accounting practices into one suit. Argue why is MCM allowed to short MD in court fees buy paying for one case when this obviously is three totally different cases requiring three times effort from the court.  The case needs to be restricted into one debt, MCM can refile  the two remaining debts. 

Do they all limit you to one of JAMS or AAA. I would file three Arbitration cases regardless

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1 hour ago, Bulldoger said:

Did they pull your info from website was it still there? Were you able to find last payments are any over the SOL. 

 

Besides challenging the documents based on their combining 3 accounts into one suit that may be from different creditors with different records and accounting practices into one suit. Argue why is MCM allowed to short MD in court fees buy paying for one case when this obviously is three totally different cases requiring three times effort from the court.  The case needs to be restricted into one debt, MCM can refile  the two remaining debts. 

Do they all limit you to one of JAMS or AAA. I would file three Arbitration cases regardless

I haven’t checked their site yet.

I see what you’re saying about the three cases. I’ll look into the arbitration clauses as well.

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2 hours ago, Youvebeenserved said:

Yes 

Ok.

Read this MD Court of Appeals ruling, especially the part titled “Rule 3-306 in Debt Buyer Cases”.  Here is an excerpt:

 

”The new subsection (d) requires debt buyer plaintiffs to provide additional documents with its complaint and affidavit to satisfy the "Assigned Consumer Debt Checklist."

 

https://scholar.google.com/scholar_case?case=5231201037902892170&q=“credit+card”+AND+“bill+of+sale”&hl=en&as_sdt=4,21

 

Here is Rule 3-306.  Pay special attention to subsections (c) and (d).

 

https://govt.westlaw.com/mdc/Document/NAD5B30806B0011ED8FE2A6AEAC82CCBB?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

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13 minutes ago, BV80 said:

Ok.

Read this MD Court of Appeals ruling, especially the part titled “Rule 3-306 in Debt Buyer Cases”.  Here is an excerpt:

 

”The new subsection (d) requires debt buyer plaintiffs to provide additional documents with its complaint and affidavit to satisfy the "Assigned Consumer Debt Checklist."

 

https://scholar.google.com/scholar_case?case=5231201037902892170&q=“credit+card”+AND+“bill+of+sale”&hl=en&as_sdt=4,21

 

Here is Rule 3-306.  Pay special attention to subsections (c) and (d).

 

https://govt.westlaw.com/mdc/Document/NAD5B30806B0011ED8FE2A6AEAC82CCBB?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

I was just reading this. My question is are these the requirements to file the complaint and get a judgement.

It states that the checklist is a requirement or must accompany the other items. There is a missing checklist amongst other things.

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14 hours ago, Youvebeenserved said:

I was just reading this. My question is are these the requirements to file the complaint and get a judgement.

It states that the checklist is a requirement or must accompany the other items. There is a missing checklist amongst other things.

I would think that if certain items are required by rules, they would be necessary to get a judgment.  Regarding the “checklist”, I found this on the MD Court website.  It’s actually a complaint form titled “Assigned Consumer Debt”, and on the last page, it lists the sections in the rule.

https://www.courts.state.md.us/sites/default/files/court-forms/dccv106f.pdf

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2 hours ago, BV80 said:

I would think that if certain items are required by rules, they would be necessary to get a judgment.  Regarding the “checklist”, I found this on the MD Court website.  It’s actually a complaint form titled “Assigned Consumer Debt”, and on the last page, it lists the sections in the rule.

https://www.courts.state.md.us/sites/default/files/court-forms/dccv106f.pdf

I think since the checklist is missing and a bill Midland has not produced information required by rule 3-306(d)

The rule also states that the bill of sale needs to reference specific debt sued upon. 
 

SN: I hate that the rule about payments uses the words revive or extend. 

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