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

Jan, You are obviously better off without that particular lawyer. Any half decent lawyer could get this tossed immediately. JDB's ALWAYS claim that a payment was made. That is the scam they pull. However, they MUST be able to PROVE that you made a payment. They also must be able to prove clean chain of title back to the original creditor. They must also prove they own the debt, including how much they paid for it. They must also prove that you owe THEM the money. They are stalling on discovery because they have nothing to provide. They are playing games and are hoping that you fail to respond or show up so they can get the default judgement against you. I would file a motion to dismiss right away. Reason: Failure on the part of the plaintiff to provide discovery, and the biggie: Account NOT mine. SOL is irrelevant if the account is not yours. If they cannot provide the original application/signed contract and a full account history, they CANNOT win in court unless you fail to show. They know this. You should contact Bud Hibbs for an attorney referral who specializes in credit matters. Good luck.

your welcome, yes you can and should file the motion before your next court date. There more then likely, thinking you got other assets that can be taken away, or want the judgement, so If the law changes down the road on taking disability, or a part of, there judgement is in palce. Make sure that you place in your motion, that this is stalling by the plaintiff. Include in your motion, a copy of the original discovery request you sent, the interrogatories, and what they filed back to you. This lawyer, that was going to take the case, only if it was An SOL, Still should of, at least got them to prove that payment keeping it with statute. good luck

J, thanks so much for the information I am reading up on the civil rules you suggested. I had a lawyer and he was going to take the case and countersue and take 1/2 plus expenses but then he seems to have backed out..when he found out it was reaged to be in SOL...because that was what was got him interested...out of SOL. I don't think I can afford a lawyer and the ones I have talked to didn't seem to know as much about consumer law as I have been able to learn. I may try legal aid again tomorrow ..always say not taking new cases. Can I file for a motion with the court for them to compel recovery before the court date are does this have to be done before the judge? this may be a stupid question. I had hope to back the attorney down with the info that I had no income but SS Disability. I thought wouldn't be worth him driving 3 hours one way to court even if he won a judgement against me...no $$$ assets. You have kept me focused, determined and very informed, Hopefully,I can soon post ..its over..I WON!!!

Getting the advice of an lawyer is always best, and having one is even better, If you have a lawyer working on this for you he should be able to deal with the crap, that this collection attorney is doing, BUT you should read up on a couple of the civil rules in case he doens't go all the way. Rule 37: failure to make or cooperate in discovery. They must give you everything you ask for and what they plan to use in court against you, If they use anything that wasn't given to you, at trial have it striked. You can also use the above rule file a motion with the court for them to compel discovery, this may allow you more time to prepare for trial. In your motion put in something like this license professional is denying you proper time to prepare for trial, and denying you due process. Failed to answer interrigatories. The information provided by plaintiff is vague and insufficent to process with trial Also read rule 41: dismissal of action, That they have failed to give you your discovery request. That the plaintiff provided no written contract with my signiture. Plaintiff failed to produce during discovery, any payment that was made to bring this account within the statue of limitation, as they claim This complaint, is barred by the statute of limitations. By plaintiff own admission, this case is barred by the statute of limitation Def: never had a business account with FNANB nor a personal account. Discovery received from plaintiff, is vague and insufficents to surport a claim against def. Jan, they need to produce this payment that was made after the debt within to default, alot of collecton agency will apply a token payment to an account to bring or keep a debt within the SOL, when the amount is as high as there suing you for, or when pressed they will say it was an error. Any collection agency will have a copy of the payment, so as to prove a payment was really made, especially when one is made years after the default. Have them provide the money order number or the bank and complete account information, that way you can follow up on this information. They must produce a live witness at trial, to testify to this sworn affidavit and if no witness is there, oppose the case being continued. At trial, went its your time to speak Tell the judge this case is passed the SOL and this case should be dismissed, That no payment was every made on this debt and the plaintiff failed to show that payment was really made. Hang in there, their wanting you to say hell with it and just give up or not show up, that's how they win most of they cases. Other may come with some more or better advice, which is all good as long as its to help you deal with this. good luck