Author Topic: My Midland Case - Pinal County AZ  (Read 4659 times)

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DAVPX

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My Midland Case - Pinal County AZ
« on: October 05, 2011 07:18:19 PM »
Good Morning Forum!

A friend at another forum suggested I share my case with you all. There's a lot to take in, I hope I'm not getting ahead of myself. Below you'll find some key information on my case. I will also be providing examples of the documents I have received and also sent. I'm hoping to get a few critiques and/or tips and pointers. I appreciate you all reading through what I have, here we go.....

Here's the preliminaries:

1. Who is suing you?

Midland Funding LLC

Bary Bursey & Associates

2. For how much?

1100 + Interest and Fees

3. Who is the original creditor?

Capital One

4. How do you know you are being sued?

Received civil summons

5. How were you served? Were you served?

Papers were served to my girlfriend at my house

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

7. Where do you live?

Maricopa, AZ (Pinal County)

8. When is the last time you paid on this account?

Oct. 2007

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or b) looking it up online (many states have this information posted daily).

Pre-trial hearing scheduled Oct. 31st.

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

Yes, only credit bureaus.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Yes to the summons, no to the interrogatory.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

None (not even an account number)

14. What is the SOL on the debt?

6 Years

Here's the link to my thread over at creditinfocenter, these folks have been very helpful and referred me to debtorboards. This link serves to answer any questions and allows everyone to see what's been discussed so far.
http://www.creditinfocenter.com/forums/arbitration/309573-my-midland-case.html
« Last Edit: October 05, 2011 07:27:18 PM by DAVPX »

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #1 on: October 05, 2011 07:22:19 PM »
Attached here, you'll find the Plaintiff's summons and complaint along with my answer and request for documents.

Added Plaintiff's Disclosure Statement (Response to request for documents)

Enjoy!

More Coming Soon!
« Last Edit: October 05, 2011 07:59:51 PM by DAVPX »

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #2 on: October 05, 2011 08:00:51 PM »
Plaintiff's Exhibits 1-4, attached to Disclosure Statement

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #3 on: October 05, 2011 08:01:19 PM »
and Exhibit 5

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #4 on: October 05, 2011 08:08:16 PM »
I'll be updating the thread later on tonight when I get my hands on a better scanner at work.

Keep checking back to see my Arbitration Election, Motion To Compel Arbitration, Order to Compel Arbitration, and a copy of case law for AT&T MOBILITY LLC v. CONCEPCION ET U supporting my motion.

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #5 on: October 06, 2011 08:32:30 AM »
Attached below are my Arbitration Election, Capital One 2008 Agreement (Exhibit B), and AT&T MOBILITY LLC v. CONCEPCION ET UX (Exhibit C)

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #6 on: October 06, 2011 08:35:01 AM »
And here's where things get kinda weird. I received the following Application for Entry of Default from the Plaintiff 2 days ago. This document was not filed with the court. The clerk speculated that it may be a "just in case I didn't answer" kinda thing but they sent it to me almost a month after receiving my answer, have the CRR to prove.

DAVPX

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Re: My Midland Case - Pinal County AZ
« Reply #7 on: October 06, 2011 08:37:48 AM »
That's it so far except for their motion to appear telephonically which I don't care much about. Pre-trial hearing set for Oct. 31st.

Flyingifr

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Re: My Midland Case - Pinal County AZ
« Reply #8 on: October 07, 2011 02:02:10 AM »
That's it so far except for their motion to appear telephonically which I don't care much about. Pre-trial hearing set for Oct. 31st.

Object to their Motion to Appear Telephonically. Why should they be able to sue you and bill other clients from the convenience of their desk when you have to trot down to Court? Make them show up also.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

bigdizzawg

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Re: My Midland Case - Pinal County AZ
« Reply #9 on: February 15, 2017 06:22:30 PM »
How to object to their motion to appear telephonically? What forms do I need and do I send them to the clerk's office?

Bruno the JDB Killer

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Re: My Midland Case - Pinal County AZ
« Reply #10 on: February 15, 2017 08:43:23 PM »
Don't waste your time, the appearance by telephone is provided for in court rules. If you insist upon a live appearance, the judge just might grant it if you know how to file a Subpoena Duces Tecum. He may also tax you with the costs of having the witness appear live for no good reason. Be careful what you ask for, you may just get it.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Flyingifr

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Re: My Midland Case - Pinal County AZ
« Reply #11 on: April 12, 2017 05:01:07 PM »
This thread was from 2011.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Bruno the JDB Killer

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Re: My Midland Case - Pinal County AZ
« Reply #12 on: April 12, 2017 06:38:50 PM »
Yeah, he's just jumping on on an old thread with a new question. Better he starts his own so we can properly ignore him. LOL
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.