Author Topic: Sued in CA by Hunts & Henriques rep. Midland Funding LLC  (Read 2896 times)

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DJ_Slacker

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just one of many inept consumers, barely found this board as so many before me :(

anyway i had a WAMU credit card a few years ago about a $4000 limit maxed out then lost my job in feb 08 i believe, think my last payment was in november or something of that year, so i recieved several notices that the debt would be charged off then as we all know early last year WAMU was sold to Chase who wanted to to settle the debt for 4500 as by then the debt reached about 7300 after late fees+interest so after that they sold debt to Midland Funding who used MCM, and an attorney in TX to try to collect before finally sending to Hunt & Henriques located in CA ( I live in LA county of California) they sent a few notices begining this year which i foolishly or stupidly ignored as i had know idea what to do.

and now they are suing me, they served my house on May 15th, they served my grandmother after asking her if i was home or when i would be back apparently the Process server asked for a description of me,which she some what gave height and weight i think (i currently work as a process server at the moment) so i assumed it was so he could put on the POS as if he actually served me by putting my description. also over this weekend a copy of the summons was mailed to me.

so now the summons states that Hunt & Henriques is suing me on behalf of Midland Funding LLC,

that Midland now owns the account and the predecessor in interest is Washington Mutual Bank.

they are suing for $7,481.67

so my concerns are since i didnt start a paper trail before a should i fight this or try to settle before getting ruled a wage garnishment.

i guess getting a copy of the POS is in order to verify if the server comitted perjury by saying he served me when he served my grandmother.

second with the buyout of WAMU to Chase would a chain of custody challenge have a good chance of suceeding

i hope none of this is considered against the rules for seeking legal advice as im just curious what my options are this late in the game?

itsmeagain

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Re: Sued in CA by Hunts & Henriques rep. Midland Funding LLC
« Reply #1 on: May 25, 2010 12:11:31 PM »
Do you have a copy of the cardmember agreement?  If so, look for the section on arbitration.  The rules have changed in favor of the consumer.  Go HERE and read the introduction and especially the section on throwing your creditor out of court.

DJ_Slacker

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Re: Sued in CA by Hunts & Henriques rep. Midland Funding LLC
« Reply #2 on: June 01, 2010 07:13:36 AM »
i havent been able to locate a copy of the aggreement this is a JDB suing would an arbitration clause apply to them still? if i can't locate the original agreement is there another way to get it?

ladygarner

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Re: Sued in CA by Hunts & Henriques rep. Midland Funding LLC
« Reply #3 on: June 01, 2010 12:20:31 PM »
Hi DJ and welcome to the forum!  :)

Someone here may very well have a copy of the agreement they can send to you. The members here are wonderful, helpful and very knowledgeable.

If the arb route works, that is great! My personal experience with MCM is they are very fond of going after SOL accts right down to the very SOL date; trying to file suit before it passes. You may want to check DOFD with the OC and your State's SOL on CC debt is 4 years according to this link.
http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php

One other thing about MCM and their "affidavit"....they were ruled against in court (can't quote the case file but you can Google "Midland false affidavit" and find it) for filing a false affidavit so you may want to challenge the validity of the affidavit if the need arises. Just an FYI.... :)

Good luck to you!
Thanks to all that helped me go from :-[ to :karate: 

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