Wetsch, Abbott & Osborn llc midland funding

[underwater59]

I am gona be sued by these jokesters that have since turned it over to local attornys here,2 months ago I contacted them for proof that I did owe what they said I did ,basically to just leave me alone from the phone calls etc.I happened to look at the dockets and now see I am being sued and am wondering why they never sent proof unless they cant come up with it original crediter was BOA.
I am not working and do not ever plan to settl;e on the debt as if someday maybe I will file BK but for now theres no reason too,as I do have another one similiar to this but they did provide proof.I guess I am wondering if any purpose would be to even do anything more or just let them get a default against me too

[HHM]

First, they don't need to send you "proof", all they need to do if asked by the debtor, is provide the name of the original creditor and the amount claimed to be owed.

Once sued, then they have to prove, assuming you contest the lawsuit, that the debt is owed.

Apathy is not healthy, you should DO something.

[treehugger1]

Look at your cc agreement or any cc agreement you had in the past with BOA. There is a good chance that the agreement included a private arbitration clause that would have survived any updated agreements. The fact that you have been sued does not take away your contractual right to elect arbitration. I am not experienced enough to add further insight. You will probably need to answer and somehow elect private arbitration. You might want to visit the arbitration threads at debtorboards.com

I have been dunned by a JDB attorney firm, who also sent me a year's worth of statements. I believe they are preparing to sue. I sent them a copy of my CC agreement with an arbitration clause and survivability clause highlighted. I stated I was electing arbitration under the contract and also requested they advance me the fees to initiate arbitration. The advancement of fees was clearly written into the contract. I have received no reply from the law firm or the JDB. I really do not expect any additional action. Under the federal arbitration act the arbitration must be conducted in my federal jurisdiction here in Southern Oregon. That will be expensive for the plaintiff.

In my case, I did not wait to be sued. Your situation is slightly different. Even if I was sued, there is now plenty of precedent of "stay of proceedings" due to defendants electing contractual arbitration in reply to a summons.

Something to think about. Again, there are other boards out there who can help you.

[GoingDown]

Isn't it amazing how arbitration came back to bite the creditors and Junk Debt Buyers in the a$$ ?

It is a very clever way to deal with them.

At the end, I started adding the "I elect private contractual arbitration" sentence to any my cease and desist letters. I haven't had to use it yet, but just having it in there makes a much stronger case if you did get sued, you could then make a motion to compel private contractual arbitration, and you could show the court that you had already notified the debt collector in writing about this before they sued you.

[underwater59]

I did get a years worth of statements from the other credit card,so I do know that is a matter of time before I will be sued from them.I guess what I am really after for a answer if I get defaulted on the one, theres no real difference letting this one go in default too? As there is and never will be any way I could pay either one and they both can go away with a bk in a few yrs right if I would decide to ever file

[underwater59]

update,had visit from sheriff today with the papers,says i hav e 20 days to file a motion or answer with the clerk of court.yada yad it goes on then it comes to midland funding llc vs me,and its written where a gal ius a legal specialist and has acces to pertinent acct records etc.at the end if called to testify s a witness could and would competently testify to all the facts
very last page is a form where i can entewr my appearance and denyy the claim or enter my appearance and admit that the plaintiffs claim is justly due etc
i am wondering what can happenat the most if i deny all knowledge of the claim? and if its worth even doing anything about as i have another soon where i do know they have the proof that they had sent me few months ago but so far not sued but a matter of time I am guessing