Author Topic: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing  (Read 3146 times)

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Ugghhh!

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We received a letter from Johnson Mark in November stating that they were trying to collect for a JDB and the original creditor was Capital One. They stated the last charge/paid date was December 31, 2007. We ignored the letter as this is the second JDB company that has tried to collect on this debt (let me say we have tried to work with these people and they have been SO ridiculous). We received a S&C from Johnson Mark on behalf of Midland Funding. I contacted the attorney's office the next day and asked them to verify the debt. The guy I spoke with said he would not verify anything and that I would have to send my request in writing. He asked me for my phone number and I told him I didn't want to give it to him until I knew what the debt was for. He said "Then we are done!" and hung up on me.

I sent them written notification asking for proof of the debt. I received a printed "account detail" from them but no signed contract or any real proof. I sent an answer to the court that stated that we requested proof but didn't receive it, that they lacked privity, that it is past the statute of limitations (In the state of Utah the SOL is 4 years without a signature, 6 years if there is a signature), and asked the court to dismiss it. Today we received three things from them...1. An offer of settlement 2. Certificate of Service of Discovery 3. Certificate of Service of Plaintiff's Initial Disclosures.

The Original amount of the debt was $987.81, the letter in November stated we owed $1370.48, the proof of debt we received said $1493.28, the settlement offer said $1500.32, and the certificate of service says $1750.32. They are supposedly willing the "settle" for $1144.00 or possibly $100.00 monthly payments until PIF.

In the Cert of Service they demanded that we provide them with any documents relating to the plaintiff's claims, 6 years worth of bank statements for all accounts we have, any communications we've had with the original OC (Capital One) and any documents that we may present as evidence at trial. They are also requesting that we admit that we entered into a contract with Capital One, that we used the services, that we didn't send them a dispute, that we failed to make payments, and that we are indebted to the OC and its subsequent assignee (the Plaintiff) for the balance plus interest of 10% for the last 4 years.

In this document they are also stating that Midland Funding actually bought this debt from Atlantic Credit & Finance Special Finance Unit, LLC. They are stating that the Charge off date from Capital One was 12/31/2007, the Originator last payment date was 8/9/2007 and that  the ACF (Atlantic Credit) last pay date was on 2/7/08. All of which are past the SOL.

They have a section that lists individuals with discoverable information and "may" call fact witnesses and then they list 4 people including the plaintiff, the OC, and two other people that I don't know, as well as myself and anyone else they want.

First let me say - can this get any more ridiculous?! Here's my question...Do I have to supply any of the information they are requesting? It is past the SOL and they shouldn't even be able to pursue this within the court system. I think they are hoping we will slip up and they will get a default judgement. Is there anyway I can request a hearing to have this thrown out so I don't have to keep worrying that I'm going to miss something and they will get a default judgement? I've heard these guys are notorious for this garbage. Should I file a complaint with the Utah State Bar? From what I hear they have a 90% rate on getting judgements. Should I settle? Ugghhh! Help, please.

daryl1689

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #1 on: February 12, 2012 09:04:54 AM »
Did they send you a copy of the credit card agreement?  Capital One has an arbitration clause that will prevent them from suing you in court.  If it were me, I would read the arbitration section on this website, and get a copy of the agreement ASAP.

I would then notify the attorney that you elect contractual arbitration.  For an amount this small, arbitration will cost them more than they can hope to get from the debt. 

Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #2 on: February 12, 2012 09:27:12 AM »
No, they didn't. I don't think they have it. I don't have a copy of anything, that's what I asked them for and they sent the printed statement instead of the original agreement. It was for a medical account through Capital One and they don't even offer that type of credit anymore or have a department for it. When I contacted Capital One to see if I could get some information from them they couldn't find me in the system under my SSN or name.

That's why I was hoping to play the Statute of Limitations card...because I don't think they have a signature.

daryl1689

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #3 on: February 12, 2012 12:18:55 PM »
What I would do is ask for discovery.  You will want to look up your state's proceedures for doing so.

I would make sure to ask the other side for the loan agreement and all statements for the account.  Once they provide the agreement, check for an aribration clause.  Likely it will say that if either party elects arbitration, neither side may participate in court. 

Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #4 on: February 12, 2012 04:56:26 PM »
Isn't there a way to have the courts throw it out based on the statute of limitations...without jumping through all the extra hoops? It seems like they have violated something by continuing to pursue this when they know it is past the SOL and that I should be able to sue them for the violation.

hilgi

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #5 on: February 12, 2012 05:04:56 PM »
I would think the SOL card would work, if not the 2008 Arb agreement is a great one. Do any of you think it is too late to MTC arb with the Cap One Agreement?

cprems

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #6 on: February 12, 2012 05:54:42 PM »
How about filing for a summary judgment based on the SOL.

Have you answered the complaint?

Did you also plead affirmative defense of SOL?

Did you file a counterclaim for filing on an SOL debt?
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #7 on: February 12, 2012 06:15:17 PM »
I did answer the complaint. I didn't realize at the time that I needed to answer in an affirmative/denied manner. My answer stated that they lacked privity and couldn't charge me for damages and that it was past the SOL and should be dismissed.

I didn't file a counterclaim. I'm just realizing that I could have and wonder if I still can...

Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #8 on: February 12, 2012 06:16:06 PM »
How about filing for a summary judgment based on the SOL.

I'm unfamiliar with this. Can you explain more?

hilgi

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #9 on: February 12, 2012 06:19:43 PM »
Did they file the suit before 1/31?

Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #10 on: February 12, 2012 06:44:49 PM »
Yes, the original S&C was filed before the 31st. However, they had 14 days to file their initial disclosures and they didn't within that time frame. Now what can I do?

NotBonJovi

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #11 on: February 12, 2012 07:41:55 PM »
Yes, the original S&C was filed before the 31st. However, they had 14 days to file their initial disclosures and they didn't within that time frame. Now what can I do?


What do you think you should do?

We aren't lawyers, we can't give out legal advice. We can, however, comment on your plans.

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Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #12 on: February 12, 2012 08:07:30 PM »
This is what I think my options are...

Hire an attorney to file a counter suit (or do it myself) because they:
 - Haven't provided me with sufficient proof of debt or an original agreement
 - Which means they are suing me on something that is passed SOL in Utah as of 2/8/12 or in Virginia as of 2/8/11 - But which one do I push for?
 - Raise the question that they didn't file their disclosures on time?
 - Send them my own list of demands

File to petition them to have to move this to arbitration.

Accept their settlement to just get it off my plate.

hilgi

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #13 on: February 12, 2012 08:31:01 PM »
This is what I think my options are...

Hire an attorney to file a counter suit (or do it myself) because they:
 - Haven't provided me with sufficient proof of debt or an original agreement
 - Which means they are suing me on something that is passed SOL in Utah as of 2/8/12 or in Virginia as of 2/8/11 - But which one do I push for?
 - Raise the question that they didn't file their disclosures on time?
 - Send them my own list of demands

File to petition them to have to move this to arbitration.

Accept their settlement to just get it off my plate.

What is your ultimate goal on this? Suit dropped and time fades it away, debt tradeline eliminated, win at trial, sue the CA?

Ugghhh!

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Re: Johnson Mark LLC / Midland Funding SOL Expired - They are still pursuing
« Reply #14 on: February 12, 2012 09:02:23 PM »
Ugghhh arbitrate, arbitrate, arbitrate, they have just set you up for a summary judgement.

The only thing stopping them is time, once your allotted time to respond has been reached the very next day they will email their motion to the court, and the clerk will rubber stamp it in a heart beat IMHO.

Don,t make the mistake of believing that that they wont prevail on your sol defence; it wont even be considered, that will come into play only if you make it to an actual trial.

Salt Lake City has a well oiled collection industry,That rolls along pretty smoothly. I know from personal experience

I had a trial last Friday in SLC. which I will write about in a new post watch for it, very interesting

I currently have this same firm in arbitration thru JAMS. I believe I might be their first case in JAMS. and their hating it, but that's another post

If this was me I would find an agreement that was most favorable to me that applied , and use it to file a MTC. and I would file ASAP.

If this was me I personally would Initiated in JAMS, ASAP.

What court are you in?

When did they file the complaint?

I personally would never ignore admissions, they are a big hammer in their bag of tricks; remember 30 days and they are DEEMED admitted

When did they file COS. on discovery ?

I think that is a really good option. I have no intention of ignoring anything. I know they will just get a judgment if I do.

They filed their complaint mid-Jan in Utah County, their COS on discovery on the 8th or 9th of Feb. I haven't been able to validate the exact date with the courts yet as I just received it yesterday (saturday).

 

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