CS-2026-178 - Midland Credit Management, Inc. v. Sarah Mundell

What's This Case About?

Sarah Mundell of Oklahoma owes $2,755.70 — and now she’s being sued by a company in Minnesota that’s never met her, never lent her a dime, and probably can’t even pronounce her last name. But don’t worry, they do have an affidavit. From a guy named Jacob Biard. Who works in St. Cloud. And has never spoken to Sarah. But does have access to “electronic records.” Welcome to modern debt collection, where your credit score is haunted by ghosts of banks past, and the courtroom drama comes not from murder weapons, but from spreadsheet entries.

Let’s meet our cast. On one side, we’ve got Sarah Mundell — an ordinary Oklahoma resident, presumably just trying to adult her way through life, pay some bills, maybe keep the lights on, and definitely avoid becoming a footnote in a corporate debt portfolio. On the other side? Midland Credit Management, Inc., a debt buyer based in Minnesota that doesn’t issue credit cards — it buys them. Like a vulture investor at a bankruptcy yard sale, Midland scoops up defaulted accounts for pennies on the dollar, then sues to collect the full amount. Think of them as the repo men of personal finance — except instead of repossessing cars, they repossess your peace of mind.

The original debts? Two credit cards. One from First Electronic Bank, account number ending in 8506 — opened August 2022, last payment made October 2023, charged off (i.e., written off as a loss) in December 2023. The balance? $1,308.31. The second, from The Bank of Missouri, account ending in 4998 — opened earlier, in February 2022, last payment January 2024, charged off September 2024. That one clocks in at $1,447.39. Combined, we’re talking $2,755.70 — the exact amount Midland is now demanding from Sarah, plus interest and court costs, because apparently, $2,755.70 wasn’t stressful enough on its own.

Now, here’s where it gets juicy — or at least as juicy as a debt collection petition can get. Midland didn’t lend Sarah a single red cent. They weren’t the ones who approved her applications, sent her credit cards, or sent her monthly statements. No, they came in after the banks gave up. Sometime in early 2024, Midland bought the rights to these two deadbeat accounts — like purchasing a haunted house at auction, hoping the ghost will still pay rent. And now, armed with digital records, a notary stamp from Stearns County, Minnesota, and a small army of attorneys at LOVE, BEAL & NIXON, P.C. (yes, that’s a real law firm name, and yes, we’re 100% calling them “Love, Beal & Nixon” like a 1970s detective duo), they’re chasing Sarah for money she may or may not remember borrowing.

The legal claim? “Indebtedness.” Fancy word for “you owe us.” Midland is asking the Logan County District Court to issue a judgment against Sarah, saying, officially and on paper, that yes, she owes this money. And once they get that judgment? They can garnish wages, freeze bank accounts, or just add a lovely little lien to her credit report that’ll follow her like a bad Yelp review. The process is straightforward: file the petition, attach affidavits (like the one from Jacob Biard, Legal Specialist and Keeper of the Digital Ledger), and wait for the defendant to either pay up, settle, or show up in court with receipts, memory, or a really good lawyer.

But here’s the kicker — and there’s always a kicker — Jacob Biard has never met Sarah Mundell. He’s never reviewed her original application, spoken to the bank teller who approved her card, or seen a photo of her signing anything. His entire testimony hinges on “electronic records” that were “incorporated into MCM’s business records” — a phrase that sounds impressively official but basically means “someone uploaded a spreadsheet.” And yet, under Oklahoma law, that’s enough to sue someone. As long as the affidavit follows the rules, the court can treat it like gospel. No cross-examination. No receipts. Just a guy in Minnesota saying, “Our computers say she owes money,” and the legal system says, “Cool, let’s sue her.”

Now, is $2,755.70 a lot of money? Depends on your rent. For some, it’s a car payment. For others, it’s six months of streaming services and DoorDash. For Sarah, it might be the difference between keeping her apartment and getting evicted. But here’s the absurd part: Midland probably paid way less than that for both accounts. Debt buyers often pay 3–10% of the face value. So for $2,755.70 in debt, Midland might’ve shelled out… $150? $200? If they win, they could walk away with a 1,000% return — all without ever issuing a credit card, running a credit check, or saying “thank you for calling customer service, how can I help you?”

And let’s talk about the timing. The lawsuit was filed on January 23, 2026 — the same day Jacob Biard signed both affidavits. That’s not a coincidence. That’s efficiency. That’s a debt collection machine so well-oiled it can generate a lawsuit, notarize two affidavits, and file in Oklahoma court — all before lunch. The whole thing feels less like a legal proceeding and more like a factory: debt goes in, judgments come out, attorneys get paid, and someone in Minnesota checks a box.

So what’s our take? Look, if Sarah charged $2,755 on credit cards and never paid, she should probably pay it. But the way this is happening — a faceless corporation in Minnesota suing an Oklahoma woman based on digital records maintained by a third party, using an affidavit from a man who’s never met her — feels less like justice and more like financial whack-a-mole. The system is designed to be intimidating. Most people don’t show up to court. Most settle. Most just pay to make it go away. And that’s how debt buyers win — not because they’re always right, but because they’re relentless, well-funded, and counting on you to be too busy, too scared, or too broke to fight back.

We’re rooting for Sarah. Not because we think she’s innocent — we don’t know — but because someone should stand up and say, “Wait, hold on. You want me to pay you for a debt you didn’t lend me? On what planet does that make sense?” If she shows up, asks for the original contracts, demands to see proof that Midland actually owns the debt, and forces them to actually prove their case? That’s a win. Even if she loses, she slows the machine down. And in a world where debt is bought and sold like baseball cards, sometimes the most radical thing you can do is ask for a receipt.

We’re entertainers, not lawyers. But if this goes to trial, we’re bringing popcorn.

Case Overview

$2,756 Demand Petition

Jurisdiction

District Court of Logan County, Oklahoma

Filing Attorney

William L. Nixon, Jr.

LOVE, BEAL & NIXON, P.C.

Relief Sought

$2,756 Monetary

Plaintiffs

Midland Credit Management, Inc. business
Rep: LOVE, BEAL & NIXON, P.C.

Defendants

Sarah Mundell individual

Claims

#	Cause of Action	Description
1	indebtedness	Defendant owes Plaintiff $2,755.70
2	indebtedness	Defendant owes Plaintiff $1,447.39

Petition Text

1,190 words

Midland Credit Management, Inc. Plaintiff, vs. Sarah Mundell, Defendant. IN THE DISTRICT COURT OF LOGAN COUNTY STATE OF OKLAHOMA PETITION FOR INDEBTEDNESS COMES NOW Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for cause of action against Defendant alleges and states: COUNT I 1. FIRST ELECTRONIC BANK, provided credit to the defendant on account number XXXXXXXXXX8506. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $1,308.31. An Affidavit of Account is attached hereto and incorporated by reference. COUNT 2 1. THE BANK OF MISSOURI, provided credit to the defendant on account number XXXXXXXXXX4998. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $1,447.39. An Affidavit of Account is attached hereto and incorporated by reference. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $2,755.70, with interest at the statutory rate, all court costs, and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 Harley L. Homjak, #019736 Gracelyn Porras Dillingham, #35852 Jenifer A. Gani, #021876 Daniela Westfahl, #36242 Mariah S. Ellicott, #36309 Benjamin F. Brackett, #36580 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405-720-0565 E-Mail: [email protected] STATE OF OKLAHOMA Midland Credit Management, Inc, Plaintiff -vs- Mundell, Sarah, Defendant(s). AFFIDAVIT OF JACOB BIARD Jacob Biard, whose business address is 600 W. Saint Germain St Suite 200, St. Cloud, MN 56301-3616, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff" or "MCM"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and was assigned all the rights, title and interest to Defendant's FIRST ELECTRONIC BANK/DESTINY account XXXXXXXXXXXX8506 (MCM Number 325768329) (hereinafter "the Account"). 2. I have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by or was assigned to MCM. 3. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing activities recorded, and a business duty to report, to make the record or data compilation, or to transmit information thereof to be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice. 4. MCM's records show that Defendant(s) owed a balance of $1,308.31 as of 2026-01-02. 5. On or about 2024-01-26, Midland Credit Management, Inc became the successor in interest to this Account. 6. MCM's records show that: 1) the Account was opened on 2022-08-29; 2) the last payment posted to the Account on 2023-10-15; and 3) the Account was charged off on 2023-12-17. 7. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct. JAN 23 2026 Date STATE OF MINNESOTA COUNTY OF STEARNS Jacob Biard Signed and sworn to (or affirmed) before me on JAN 23 2026 by Jacob Biard. Julie A Kimmes Notary Public • Minnesota My Commission Expires 01/31/2030 Notary Public OK038 STATE OF OKLAHOMA Midland Credit Management, Inc, Plaintiff -vs- Mundell, Sarah, Defendant(s). AFFIDAVIT OF JACOB BIARD Jacob Biard, whose business address is 600 W. Saint Germain St Suite 200, St. Cloud, MN 56301-3616, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("Plaintiff" or "MCM"). I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained by Plaintiff. Plaintiff is the current owner of, and was assigned all the rights, title and interest to Defendant's THE BANK OF MISSOURI/MILESTONE account xxxxxxxxxxxxx4998 (MCM Number 329193537) (hereinafter "the Account"). 2. I have access to and have reviewed the electronic records pertaining to the Account maintained by MCM and am authorized to make this affidavit on MCM's behalf. The electronic records reviewed consist of (i) data and records acquired from the seller or assignor when MCM purchased or was assigned the Account, which were incorporated into MCM's business records upon purchase or assignment, and (ii) data and records generated by MCM in connection with servicing the Account since the date the Account was purchased by or was assigned to MCM. 3. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to the Account, which consist of (i) data and documents acquired from the seller or assignor, and (ii) subsequent collection and/or servicing activities by MCM. The records are acquired or created, and are kept in the regular course of MCM's business. It was in the regular course of MCM's business for a person with knowledge of the subsequent collection and/or servicing activities recorded, and a business duty to report, to make the record or data compilation, or to transmit information thereof to be included in such record, or for such information to be posted in MCM's records by a computer or similar digital means. In the regular course of MCM's business, the record or compilation of the subsequent collection activities is made at or near the time of the act or event by MCM as a regular practice. 4. MCM's records show that Defendant(s) owed a balance of $1,447.39 as of 2026-01-02. 5. On or about 2024-09-25, Midland Credit Management, Inc became the successor in interest to this Account. 6. MCM's records show that: 1) the Account was opened on 2022-02-13; 2) the last payment posted to the Account on 2024-01-19; and 3) the Account was charged off on 2024-09-08. 7. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. Left Blank Intentionally I certify under penalty of perjury that the foregoing statements are true and correct. JAN 23 2026 Date STATE OF MINNESOTA COUNTY OF STEARNS Signed and sworn to (or affirmed) before me on JAN 23 2026 by Jacob Biard. Julie A Kimmes Notary Public - Minnesota My Commission Expires 01/31/2030 Jacob Biard OK038