The Appeals Court of Idaho, in the case of Midland Funding, LLC v. Stimpson, CV-14-830-C, ruled for the consumer. Mr. Barry Stimpson is overturning the trial court’s award of judgment to Midland Funding, LLC for a delinquent Capital One debt that Midland Funding LLC claimed it purchased.
This ruling deals with a set of facts that is all too common in Midland Funding LLC’s lawsuits filed against Arizona consumers.
As Midland Funding LLC is a debt buyer, they must produce more evidence than the bank does. appeals court
Midland Funding first had to prove that Mr. Stimpson had a contract with Capital One for repayment of credit card charges; made charges on his Capital One credit card; and then didn’t make the payments when they were due.
In addition, because Midland Funding was not a party to this original agreement, they have to produce documents from Capital One Bank, and be able to prove to the Court that the documents were true and accurate.
Midland Funding ALSO has to prove that it purchased Mr. Stimpson’s delinquent Capital One credit card debt. ….. NOT that it purchased “some” Capital One delinquent credit card debts, but that it specifically purchased Mr. Stimpson’s delinquent credit card debt.
When Midland Funding, LLC sues a consumer for breach of contract, it is its responsibility to prove their case….it is NOT the consumer’s responsibility to prove that he/she doesn’t owe the money.
The key to winning a lawsuit brought by Midland Funding, LLC is to have the courtroom experience and legal knowledge to be able challenge Midland Funding, LLC’s ability to prove its case.
In the Stimpson case, Midland Funding could not introduce a witness at trial that had any personal knowledge of the facts relating to Mr. Stimpson’s credit card account with Capital One.
All Midland Funding presented to the Court were three sworn affidavits,
…one from a vice president of Capital One Bank;
…one from an employee of Capital One Services, and
…one from an employee of Midland Credit Management, Midland Funding LLC’s affiliated organization that “services” the delinquent credit card accounts that Midland Funding LLC purchases.
Mr. Stimpson was represented by a consumer attorney who is a member of NACA, the National attorney organization that I belong to, and am currently the Arizona Chapter President.
Mr. Stimpson’s attorney had the knowledge of consumer law, and the Rules of the Court, to argue to the Idaho Appeals Court that NONE of Midland Funding’s sworn affidavits proved
- that Mr. Stimpson had a credit card account with Capital One Bank,
- that Mr. Stimpson failed to make the required payments on the account, and
- that Midland Funding, LLC purchased a delinquent credit card account owed by Mr. Stimpson.
The Idaho Appeals Court Judge, in a 20 page written opinion, ruled:
“…there is no evidence to support [Midland Funding LLC’s] contention that it has standing to sue, or that it should prevail on the merits… The judgment rendered is vacated.”
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