Midland/Harris and Zide with a summons and complaint

Might be worth the trip to the county courthouse to make certain there isn't a judgement against you.

If there is no case against you, you really have them by the shorthairs as they are sending you faked out documents. These are major violations. It also sounds like there are several violations by all the inaccurate information on the credit reports. I would DV them and include in that letter that they have violated several times over and that you will not hesitate to take them to court.

KEEP all those letters you got from them.....they are the nails to their coffin. :)

So I did a little more searching using different names and such and did find that there was a complaint and a summons filed on 1/3/08.

I never received a summons or a complaint from these guys or from the court.

One thing that seems kinda funny to me is that a letter dated 1/2/08 stated that I was recently served with a summonos and complaint.

Looking at the court info, the complaint and summons was filed on 1/3/08. (now how could I have received a summons and complaint before the 2nd if it had not even been filed until the 3rd. seems weird to me)

Also, the court records show that on 2/22/08 there was a substitute filed by Midland funding llc. (what could this mean or be?)

The next letter I received from them dated 4/26/08 states that this "request to enter default" has been sent to the court along with documents necessary to have a judgememnt entered against me.

Looking at the court records show that on 5/2/08 a "Drap proof of service of 30 day summons and complaint" is filed. (what does that mean?)

Is this a normal flow of events? Do there appear to be violations on their part?

Again, my last payment to the original creditor was in late '03. I have 2 reports from Equifax and Experian both showing that I was at least 30 days late as of 01/04. Am I safe as far as the SOL goes?

What should I do next? What are the steps I need to take here?

Thanks for any input,

brian

whoops that was me up there responding, thought I was logged in.

What state do you live in? I'll check the SOL for your state and see if it has expired. If it has you can speak to the judge how oversaw the case and see if you can get the judgment vacated due to improper service and when they try to sue you again you could use the SOL as an affirmative defense and request for dismissal with prejudice.

I am in California. I am pretty sure that the SOL is 4 years. When does the clock start ticking for that SOL? I think I have seen it within these boards that it starts when the last payment was made. Is that true?

The clock starts from the date of last payment, which sounds like it's come and gone to me. You can try to get it dismissed with an attorney's help if you wish (which I strongly recommend) or you can do it yourself. If you wish to use an attorney try naca.net to search for local consumer attorneys in your area. If you wish to do it yourself you can check my signature link for a WEX legal dictionary, rules of civil procedure by state and district, and a template for a motion to vacate judgment.

okay thanks for the info JCEMT. I think I will be going for a little help on this one.

As I started digging thru files and looking up old bank records, I was able to pull up more info on this acct. I had disputed the amounts to Midland back in July 2005. They quickly got back to me March 2006 :roll: with a 1 1/2 page Transaction History report showing a bunch of payments, late fees, over the limit charges and Finance Charges. Looking at all the dates it does not add up or make any sense how they put this together. The kicker for me, is that on Jan 12, 2004 they say that I made a $14 payment (which was also the last recorded payment) ... interstingly the next day Jan 13th a Late Payment charge appears, then on Jan 16, a finance charge and then an over the limit fee.

Yea, I shoulda kept better records on this one for sure, to help me remember what was happening here, but it just does not make any sense that I would make a $14 payment when every other payment before that was anywhere from $66 - $75. And then to see lates and over the limits within a few days is throwing me right now.

So the new question I have while looking at a case summary here from the court is that it appears that these guys Midland filed the complaint-collections on Jan 3, 2008. And have just filed a proof of service of 30 day summons and complaint on May 2, 2004.

Where would the SOL stand in this scenario? Does the complaint-collection filing squeek them inside of SOL by 10 days? or did they blow it and not get a judgement in time? (remember I am in CA - 4 year SOL)

Thanks again for any input,

brian

what you need to do with this is challenge EVERYTHING. For one thing, it seems very odd to me that they filed a motion requesting a default judgment on 4/26/2008, but they didnt even file proof of service until after that date. I would question everything they have claimed and make them provide proof to the court of each and every claim. I would motion for immediate dismissal on the grounds of improper service--because you never received a summons. I would show the court the letter dated 1/2/08, and explain that checking the court docket on that date showed no case against you because there wasnt one--until the next day. I would demand proof of that last payment in 1/04--many times the last payment is falsified, and if you challenge it, they mysteriously cannot find record of it all of a sudden, if you know what I mean. I would then wask for that dismissal to be made with prejudice--once you show that the payment from 1/04 was falsified or has no documentation to prove it, you need to state that due to the statute of limitations being expired on this debt, a lawsuit over it is not allowed.

This payment they said you made on this document, was it a statement from the original creditor or was it computer generated fluff from them?

The payment history statement they sent me was definitely NOT from the original creditor. All it showed were payments, fees, finance charges, over the limit fees. There were no charges or purchases stated. Not even on a page with letterhead. Looks like it was thrown together in Excel. (I thought that was kinda weird).

The one thing that kinda worries me just a little ... is that the $14 charge does show up on my bank statement. However, as I dig deeper, I am noticing that after every payment followed a $12 phone payment fee. (This was one of the reasons that I ended up stopping all paymentes to them .... no online, $12 phone fee, and they would not give me an address to send a check to, and were not sending me statements)

Anyways, I am noticing that after every payment the phone fees follows, then in December, I must have finally gotten an address as there was a $50 payment made, with no phone fee and I am showing a check for $50 where the date jives with my bank statement. Although I have yet to see the cashed check image.


I find it quite coincidental that the very next month is when this $14 payment is recorded, BUT guess what ..... there was no phone fee charge this time, and it was definitely not a check. Hmmmmmm, the things that make you go Hmmmmmm.

I will surely be requesting/demanding a DV. Will try talking to an attorney as well. I would hate to have a good case against them, and then blow it on my end with a stupid technicality on filling out a form or something.

Thanks again for all the input, I will keep posting as details come in.

brian

whoops that was me again up there. For some reason I keep getting signed out without me noticing it and when I go to post it comes up "guest"

oh well

Here is the point in this case, you didn't make the payment and if you need make them prove it. They say you made a payment on this day via phone. Was it through a checking account, savings account, credit card, CD, home equity line of credit? If they don't know and you say you honestly don't know where it came from and they cannot provide original documentation from the OC then the are up a creek without a paddle.

Good to know JCEMT thanks for the info. Would I challenge them on this now, or should I do this once in court in front of the judge?

MAN! That credit card statement sounds just like the one I am being sued over. I never had the card though. Same thing, payments for $33 $47 $54. I also noted on mine that the charge off date was 215 days and not 180 required by law. also some places it went 50 days before a late fee was charged.

Check over that statement carefully and find any and all errors you can. I spent 2 weeks on the one I got from a CA.

I also don't think it is the debt collectors fault. I am almost certain that Providian is scamming people and sending false information to these collection agencies. As in my case I never had the credit card number they gave me. But that is not to say the debt collector is not responsible. They should have validated before doing what they did to me.

So here is the latest with this.... getting kind of interesting.

Spoke with the clerk at the OC court house and yes there is a case against me. They confirmed that a "proof of service of 30 day summons & complaint" was filed. So I asked the gal "can you tell me when, where and who the recipient was?" She goes on to tell me that on Saturday February 9, 2008 a Matthew Doe ( hey - isn't that John Doe's brother??) recieved and signed for the summons. The location was at an address/location that I moved away from back in November of '07. They also appeared to have mailed a copy of said summons on February 10, 2008. (funny, I have only received 2 letters from them which were forwarded to me at my new address, one dated January 2, 2008 stating that I was recently served with this summons, and the 2nd dated April 26, 2008 stating that a request to enter default has been sent to the court).

Would the fact that they lied to me in writing about when they served me be a violation? How about the obviosly fake name who the summons was given to? Another point that is perhaps in my favor - is that even if I were to have made this supposed $14 payment on January 12, 2004 .... does the fact that the summons which was "supposedly" delivered on February 9, 2008 put me beyond the SOL in California?

I am now awaiting a call back from my attorney on what steps we should take.

I would suggest requesting everything in my validation letter during discovery. If they cannot produce proper validation in court then they cannot show they have a legitimate claim to the debt in question. You can also challenge the chain of custody as well. If they trip up on it then motion to dismiss with prejudice.

Thanks JCEMT ..... I will keep you posted on how things move along here.

I really appreciate you input here - very helpful!

brian

Friends - About Void or Felony Fees:
:lol: :lol:
Today, 01-15-08, I received an automated billing statement from Mr. Richard Fairbank, who founded Capital One with Nigel Morris in 1988, and is currently the Chairman and CEO. Mr. Fairbank hit me up with a $30.00 additional price tag for not paying him, a mortal who drew on my all capitalized named S.S. accout to broker me my own money, lying to me about that hinge material term in my contract, by omission.

Next, I mark Mr. Fairbank???s :roll: letter to me, centering on his numbers (prices):

Ex: 12-05-07 to 01-04-08 CEO R. Fairbank???s 2nd Capital One billing Statement to me:

A) $29.00 Past Due Price tag;
B) $2.65 Finance Charge Price tag; &
C) $19.00 Price tag (Previous), bill 1 of 2. :lol:

First, with regard to ???A,??? I remind you that an automated collection mailed reminder is a direct over head cost of doing business, i.e., one of a laundry list of cost elements in the owed cost equation in connection with owed correct price protocol. Accordingly, it is all gravy, solo & en mass, which Mr. Fairbank, the man 100% responsible, knows very well. See my BB Files & the following un-challenged offensive move cookie cutting one page slider actions:

Ex A - Real simple Correct Contract Pricing Validation (Defense +)

Ex B - Real simple Correct Pricing Tort Negligence Action (Offense)

Ex C - Real simple Correct Pricing Fraud by Omission plus (Offense)

Second, with regard to ???B,??? I remind of two truisms in connection with Mr. Fairbank???s mal called finance price tag. Foremost, Mr. Fairbanks???s doesn???t finance a single thing in connection with brokering my purchases to me through my S.S./birth certificate based account.
Third, with regard to ???C,??? I note that Mr. Fairbank, in sync with his Visa & MasterCard Sugar Case ???Schedule??? Cartel partners, charged me a tax of $19.00, which he calls a ???membership??? price tag, to access my own account, based on nothing. He did so after bait & switching me by telling me there is no ???annual due.???

Now, I specifically asked Mr. Fairbanks to confirm to me that he employed correct cost price protocol when he set up each of his above prices tags, one by one. I also asked Mr. Fairbanks to produce to me his costs of his automated brokering of my funding from my twin all capitalized name account (the Artificial S.S. Strawman) to me, the real person. Owing to Mr. CEO Fairbank???s State anointed A. Swartzenneger???s tagging me as his ???direct capitation tax cattle,??? aka, his ???U.C.C. good??? merchandize, he tells me, by blowing me off, that he owes me no nature of fiduciary duty in his shell brokering to me my own money from my own named account.

A link to more is up at "cashbonas"

Re: Visa/Mastercard et al ??? Void Debt & Criminally Acted On In Bad Faith

Greetings Senators Boxer & Feinstein: :lol:

This is a short follow-up relating to a capital problem sponsored, by contract, by Mrrs. Richard Fairbanks and Gary Perlin, among others. Below are some highlights of some of the Visa/Mastercard problem, with details contained on the enclosed CD.

First, as an opener, attached hard copy are the following Seven one-pagers:

Ex 01-15-08 ??? Capital One CEO ??? CFO Felony Price Rig Attempt :D , In House

Ex 02-20-08 ??? Capital One Perlin Attempt Rig Usury :twisted: Increase, Not Aute Acumen

Ex 03-04-08 ??? Capital One Perlin/Fairbanks :D Statement/Confession ??? Proof 34% Usury Plus

Ex 05-13-08 ??? Over Limit Rig, Not Based On A Cost Study = Felony Attempt

Ex 11-08-08 ??? Regional Adjustment Bureau CEO, Fraud - Failed to Check For Rig

Ex 11-13-08 ??? Capital One Perlin & Fairbank???s RAB, Inc CEO-COO Contract Rig

Ex 03-25-09 ??? Law Offices of Harris & Zide Fraud Extortion Contract Rig Proof Corr

Second, the un-complex rules controlling how to set a price to broker an account from ME to Me, are real simple. They are spelled out in the all nations law clause, those rules are taught at every junior college across the country and all CEO???s know them cold: it is simple addition, division and price accordingly. The counting principles are clearly spelled out in the Beasley and other liquidated damage or penalty cases, which is firmly grounded in common law:

Ex Beasley v. Wells Fargo ??? One Page Issue Resolved ??? The ???Study??? - Owed Before Billing

The Elimination Issue [235 Cal.App.3d 1404] (Counting 101)

Third, the Elimination of ???costs??? not attributable to serving faithfully, by correct price protocol proof, erases the entire body of manipulated ???Exchange??? law and focuses in on the sole, A-political issue of correct price proof, which cements any charge for anything as being rigged or not. The correct charge/fee/price tag inquiry is a-political and dispenses with the entire plaintiff and defense ???agreement??? to subvert it by blurring so called ???price check-ups??? or ???exchange??? manipulation codes, which is in fact a confessed to, universal plaintiff and defense bar secret and actionable ???agreement???. Proof of that reality was confessed to, by signature under oath, here, for example:

Ex 01-16-01 Page 34 Confession Of The Don & Stone (P & D) Restraint Agreement

Ex 01-16-01 Page 50, 3 Sigs Confessed To The Agreement, By Arnold & Munger Plus

Fourth, the ???correct price/fee/charge/number billed by legal price tagging is presented in the Feldman case, which is real simple:

Ex Feldman v. Sacramento Bd. of Realtors,119 Cal.App.3d 739at pp. 742-743 (12-27-99).

Feldman ??? reason[ed] that fees charged were consistent with defraying costs [arguments] ??? would not preclude a fact finder from finding [IT illegal as] unreasonably [high].???

Fifth, with regard to my credentials and deep formal experience and practice in connection with ???charge or price??? litigation over ???fees??? I???ve attached my dated CV, which illustrates my expertise in this regard, in addition to my first hand experience with the firm, Luce Forward, who entered a contract with the Sacramento Board Of Realtors to subvert correct fee or price protocol rules. That colleague of mine from Luce Forward???s name is C. Healy:

Ex ???00 - My CV (4 Pages & My Short List Of IT Lit ??? Dated ??? I am way better at IT now;
Ex 10-22-01 Letter From Luce Forward/Chris Healy About IT I Butner Price Meds

Background

Given the background furnished and this condensed presentation, the following will be useful in connection with moving forward:

COF, or Capital One Financial Corp. (NYSE: COF) is a McLean, Virginia-based U.S. bank holding company specializing in credit cards, home loans, auto loans, banking, and savings products. A member of the Fortune 500, the company helped pioneer the mass marketing of credit cards in the early 1990s, and it is now the fourth largest customer of the United States Postal Service and has the 8th largest deposit portfolio in the United States. On November 14, 2008, Capital One Financial Corporation was the recipient of $3,555,199,000.00 8) of the Emergency Economic Stabilization Act Federal bail-out in the form of a preferred stock purchase. Capital One Bank (USA), N.A. and Capital One, N.A. are nationally chartered institutions, regulated by the Office of the Comptroller of the Currency, Department of the Treasury.

Warmest Regards[/url]

Re: Visa/Mastercard et al ??? Void Debt & Criminally Acted On In Bad Faith

Greetings Senators Boxer & Feinstein: :lol:

[QUOTE=Anonymous;414962]
This is a short follow-up relating to a capital problem sponsored, by contract, by Mrrs. Richard Fairbanks and Gary Perlin, among others. Below are some highlights of some of the Visa/Mastercard problem, with details contained on the enclosed CD.

First, as an opener, attached hard copy are the following Seven one-pagers:

Ex 01-15-08 ??? Capital One CEO ??? CFO Felony Price Rig Attempt :D , In House

Ex 02-20-08 ??? Capital One Perlin Attempt Rig Usury :twisted: Increase, Not Aute Acumen

Ex 03-04-08 ??? Capital One Perlin/Fairbanks :D Statement/Confession ??? Proof 34% Usury Plus

Ex 05-13-08 ??? Over Limit Rig, Not Based On A Cost Study = Felony Attempt

Ex 11-08-08 ??? Regional Adjustment Bureau CEO, Fraud - Failed to Check For Rig

Ex 11-13-08 ??? Capital One Perlin & Fairbank???s RAB, Inc CEO-COO Contract Rig

Ex 03-25-09 ??? Law Offices of Harris & Zide Fraud Extortion Contract Rig Proof Corr

Second, the un-complex rules controlling how to set a price to broker an account from ME to Me, are real simple. They are spelled out in the all nations law clause, those rules are taught at every junior college across the country and all CEO???s know them cold: it is simple addition, division and price accordingly. The counting principles are clearly spelled out in the Beasley and other liquidated damage or penalty cases, which is firmly grounded in common law:

Ex Beasley v. Wells Fargo ??? One Page Issue Resolved ??? The ???Study??? - Owed Before Billing

The Elimination Issue [235 Cal.App.3d 1404] (Counting 101)

Third, the Elimination of ???costs??? not attributable to serving faithfully, by correct price protocol proof, erases the entire body of manipulated ???Exchange??? law and focuses in on the sole, A-political issue of correct price proof, which cements any charge for anything as being rigged or not. The correct charge/fee/price tag inquiry is a-political and dispenses with the entire plaintiff and defense ???agreement??? to subvert it by blurring so called ???price check-ups??? or ???exchange??? manipulation codes, which is in fact a confessed to, universal plaintiff and defense bar secret and actionable ???agreement???. Proof of that reality was confessed to, by signature under oath, here, for example:

Ex 01-16-01 Page 34 Confession Of The Don & Stone (P & D) Restraint Agreement

Ex 01-16-01 Page 50, 3 Sigs Confessed To The Agreement, By Arnold & Munger Plus

Fourth, the ???correct price/fee/charge/number billed by legal price tagging is presented in the Feldman case, which is real simple:

Ex Feldman v. Sacramento Bd. of Realtors,119 Cal.App.3d 739at pp. 742-743 (12-27-99).

Feldman ??? reason[ed] that fees charged were consistent with defraying costs [arguments] ??? would not preclude a fact finder from finding [IT illegal as] unreasonably [high].???

Fifth, with regard to my credentials and deep formal experience and practice in connection with ???charge or price??? litigation over ???fees??? I???ve attached my dated CV, which illustrates my expertise in this regard, in addition to my first hand experience with the firm, Luce Forward, who entered a contract with the Sacramento Board Of Realtors to subvert correct fee or price protocol rules. That colleague of mine from Luce Forward???s name is C. Healy:

Ex '00' - My CV (4 Pages & My Short List Of IT Lit ??? Dated ??? I am way better at IT now;
Ex 10-22-01 Letter From Luce Forward/Chris Healy About IT I Butner Price Meds

Background

Given the background furnished and this condensed presentation, the following will be useful in connection with moving forward:

COF, or Capital One Financial Corp. (NYSE: COF) is a McLean, Virginia-based U.S. bank holding company specializing in credit cards, home loans, auto loans, banking, and savings products. A member of the Fortune 500, the company helped pioneer the mass marketing of credit cards in the early 1990s, and it is now the fourth largest customer of the United States Postal Service and has the 8th largest deposit portfolio in the United States. On November 14, 2008, Capital One Financial Corporation was the recipient of $3,555,199,000.00 8) of the Emergency Economic Stabilization Act Federal bail-out in the form of a preferred stock purchase. Capital One Bank (USA), N.A. and Capital One, N.A. are nationally chartered institutions, regulated by the Office of the Comptroller of the Currency, Department of the Treasury.

Warmest Regards[/url][/QUOTE]

This is a winnable case, and perhapts they may have to pay you, Get me the case number I have a contact in OC that will Index this case.