Imre Nagy was sued by the junk debt buyer Midland Funding LLC in the Parma Municipal Court in Parma, Ohio. The complaint alleged that Mr. Nagy had an “EBay” credit card issued by Synchrony Bank and then defaulted. The plaintiff – Midland Funding LLC- alleged that they had been assigned to collect on the debt after the default. The case was assigned to the docket of Judge Kenneth R. Spanagel of the Parma Municipal Court. The case number was 17 CVF 00398, and was filed in January, 2017.
Imre Nagy hired Blake Brewer to defend him in the lawsuit. Mr. Brewer filed a motion for more definite statement, arguing that Midland Funding LLC should be ordered to amend their complaint. The complaint, as filed, contained only a monthly credit card statement from about one year prior to the filing. No assignment documents, nor bills of sale, in fact, no evidence at all, supported the allegation that Midland Funding LLC had received any of Imre Nagy’s consumer credit card accounts. The motion was granted and the Plaintiff filed an amended complaint in March of 2017, this time with documents which were intended to show the chain of assignments to the Plaintiff.
Mr. Brewer also sought discovery, the production of documents to be introduced in court to show how the alleged transfer had taken place.
The Court ordered that the case proceed to a pre-trial conference. A pre-trial conference is a court proceeding where the attorneys for each side meet in order to set deadlines for the completion of the case. As part of the pre-trial conference, the Court ordered the Plaintiff to file a motion for summary judgment, if they wanted to proceed in that manner, by August 28, 2017.
The date for filing summary judgment came and went without any filings from Midland Funding LLC. Since nothing was filed, the Court set the matter for another pre-trial hearing.
The day prior to the scheduled pre-trial hearing, Midland Funding LLC voluntarily dismissed all claims against the Defendant Imre Nagy. This resulted in the dismissal of the lawsuit, without prejudice, without the Defendant paying any amount of money in settlement of the claims.
Blake Brewer is an Ohio attorney who, among other legal services, defends consumers against private student loan collection lawsuits. Although not every consumer collections lawsuit results in a dismissal, it is normally possible to defend these cases so that a judgment is not issued against the consumer. While reading this summary does not create an attorney client relationship, you can contact him by email at [email protected] or call him at 216-642-8234 to schedule an appointment. If you are sued by a debt collector, it is important to review the lawsuit and legal options for the lawsuit filed against you with an experienced consumer attorney. Do not delay, as the passage of time can seriously affect your rights in any legal proceeding and could result in a default judgment being rendered against the defendant(s). Once judgment is rendered by the court, the case is over. It may not ever be possible to change this outcome, unless the judgment is appealed.