Complaint Review: Midland Funding - Midland Management - San Diego California

Thanks J I have to admit I have really took a few days to play like it is going away. LOL I have copied all post and information will get it finished and mailed. The forms are helpful (THANKS)when I earlier read you need to file a Discovery my mind is .. what is that??? I was thinking it was something you ask for when it got to court but you are saying the judge will prefer that it is already done. OK The lady as the Court Clerk's office seems to be real helpful. She told me they would not be allowed to try and set a court day without me being in on it if it is put on the docket.I'll make sure I get her to stamp it for me. I am glad you mentioned I need to do that with each document. Thanks for keeping me focus....would be easy to just stop. but I am not ...I promise...Jan

just wanted to check in with you, and see how your holding up.getting a handle on this stuff better, sometime this can get real crazy for a few, your not in this alone, many here do want to help. Have you finish your discovery request, interrogatories and request for admissiom yet? and mailed them out, file one with the court when you do. In one of the post I send you had a pretty good format you can draw on. don't let this thing get you down, if you have anymore question let us know. where ever able to get ahold of that attornet? good luck

Hello: generally you only deal with the attorney, but some state say to send to both, so sent your discovery, request for admisions and question to both. Don't worry yourself to much over you signning these motions, As you have stated this debt, was beyong the statute of limitations. Just make sure you have proof you mailed these to them and file a copy with the court, on the same day you mailed them and have the court time stamp all copies. Now after you mail it, just sit back and wait, don't be calling the attorney. if you don't hear from them in 30 days, you just write a letter asking were there answer are to the forms you mailed, and file this letter also with the court. The reason for this most courts want you to resolve discovery disputes first, before they issue a order to compell. now that you mailed out your discovery, ect. start reading while you have time, mississippi rules of civil law, just what you think will apply to you, also read up on rules of evidences (HEARSAY), motion to strike and motion to dismiss for lack of evidences. good luck if you have a printer, print out all the post you placed on here along with the replies you received, to help you look things up on the computer

Do you think I will hear back from attorney or would it be Midland itself? Who do I send the Discovery to the attorney? Sorry, if I seem dense....I have this ready. I've read to use FDCPA 808 Unfair Practice & 809 as part of defense but this is my stance ITS NOT MINE AND I WON'T BUDGE FROM THAT AND THEY HAVE TO PROVE IT AS I KNOW THEY HAVE ZERO PROOF unless they produce false documents. I've been concerned since I sent the response to the attorney.. I signed it but assumed that would be necessary. Now I wonder what if they would take my signature from that form. Terrible you have to be concerned about all the illegal things they can do to you. Thanks.

One of the things the JBD count on is default judgements, and getting you to admit to the debt with there own interrogatory, if you get some read it very carefully. even if this debt is SOL, they will use ever trick to get you to miss a date, admit to the debt, or claim offalse payments to keep it within the statute. There's no need to talk on the phone to them now, Midland will try. You shouldn't wait to send your discovery, and the other things listed in another post here, the sooner you get it done, the less you have to worry about, and if they can't produce the documents you request, it should be dismissed. good luck, you should get your things out before they send you, your.

Thanks for all your help. without it I would've given up. I got my written respond (denial) sent today and had delivered to the court. no court day set yet. so hope they back off when they get my response. I pulled all credit reports no such cc account # has ever been on C report. out of the SOL in MS. I feel they just wasting their time but more like mine. the one doing all the research. looks like they did none. I will ask for a discovery if it should go any further. I really ought to sue them for their bad operating methods. When I looked at my CR I see Jefferson had it first. backed off, Arrow Financial has check, Northland Funding LLVN, Pioneer. All these JDB must have thought they might find a sucker to rip off. I found out about this bad RipOff firm from this site and that helped me understand the mentality I am dealing with!

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment. 42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency

From privacyrights.org/Letters/debt1.htm I would ****NOT**** sign the letter however - merely type my name nor would i provide them any information Your Name Mailing Address City, State, Zip Date Name of Collection Agency Mailing Address City, State, Zip Re: Dispute of Collection Action: Case # ________ [If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.] To [person whose name appears on agency's notice to you]: On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting. [OR] On [date] I received a written notice of the claimed debt, a copy of which is attached. This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification. In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection. Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute. Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility. I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing. [If you want to still speak to a collector by phone, indicate times when it is okay to contact you or note the name, address, and phone number of your attorney, if you have retained one.] I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter]. Sincerely, I WOULD NOT SIGN - ONLY PRINT TYPE NAME (Signature) Your name GENERAL INFORMATION FROM VARIOUS SITES ON DEALING WITH COLLECTION AGENCY'S Tell them to validate by . What the money you say I owe is for; ? Explain and show me how you calculated what you say I owe; ? Provide me with copies of any papers that show I agreed to pay what you say I owe; ? Provide a verification or copy of any judgment if applicable; ? Identify the original creditor; ? Prove the Statute of Limitations has not expired on this account ? Show me that you are licensed to collect in my state ? Provide me with your license numbers and Registered Agent 1. NEVER talk to a collection agency on the phone. Period. 2. Keep good records. This can be the difference between a good and bad settlement. Don't expect them to remember you or what you agreed upon. 3. Send all correspondence via registered mail, receipt requested and put the registered mail number ON THE LETTER. DO NOT SIGN THE LETTER ? TYPE YOUR NAME 4. Keep a copy of every letter you send. 5. Penalties and extra interest are typically fictious amounts of money added on by the collection agency to pad their profits. Sometimes as much as to 50% of the debt or more claimed to be owed by a collection agency consisting of interest and fees. This is illegal, every state has usery laws (which dictate the maximum interests allowed to be charged. That is except North Dakota. There are no such laws which is why most credit card companies incorporate there.) Junk debt buyer pay anywhere from 1 cent to 7 cents on the dollar, there is no way there is this much interest.

Yes it would be not be appropriate, to write a letter to the plaintiff attorney. This letter can be used against you in court, so if any information conflicks, with your answers or anything else, it can and will be use by the plaintiff attorney. look up some of your other posts and re-read them, you now need to request discovery remember i'm not an attorney and this is not legal advice and should not be considered as such. comes the defendant(name) pro-se, pursuant to mississippi civil rules 33,34,and 36. Plaintiff is directed to serve its verified answer and produce the requested documents: interrogatory no 1) state the complete name and address if the original creditor for the revolving account under which defendant allegdly owes the plaintiff(hereafter referred to as a revolving account) as well as the date the plaintiff purchased the account. no.2 was revolving account opened via a written or verbal agreement? no.3 provide a detail acounting-principal, interest, late fee's, ect for the revolving account. no.4 provide a complete list of all witness you plan to call, there name, title or position with the company and what evidence they have or testimony there are giving, complete mailing address and phone number. no.5 provide a complelte detail account history for this debt from the original creditor, until it was purchased by the plaintiff. no.6 how much did the plaintiff purchased this debt for, provide a cancell check front and back request for production of documents: No.1 produce a copy of the signed written contract between the original creditor and the defendant for the revolving account alternatively, produce any audio recording of any verbal agrement for the same. no.2 produce documenation supporting the accounting provided in your responds to interrogatory #3. no.3 provide cancelled check in respond to interrogatory #6 no.4 produce a copy of the intial communication sent by plaintiff to defendant. reguarding the debt he allegdlly owes on the revolving account. no.5 provide copies of all charge slip signed by defendant with original creditor. no.6 provide documention of all accounting and prices in your responds to interrogatory #5. no.7 provide documentation, copies, statement, phone records, notes, tapes, photo's are any other evidence not requested by defendant, that you plan to use at trial. request for admission: no.1 please admit or deny that the revolving account is an "OPEN ACOUNT" as defined under the truth in lending act 1602. no.2 please admitt or deny that the applicable state of limitation for an open account is (3) years under mississippi state law. no.3 please admit or deny that social security, ssi or other certain types of money can not be attached as part of a judgement. Jan, again this is not legal advise. I'm just trying to point you in the right direction. make sure you file a copy of this or your own with the court also. never let the plaintiff attorney tell you of any court date, you MUST check with the clerk of courts yourself. and between each numbered question in the interrogatory leave about 2-3 inches for each question. any information you get for me, you must check it against your states laws and rules. good luck