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CHEROKEE COUNTY • CJ-2026-00031

Midland Credit Management, Inc. v. Josh Berner

Filed: Feb 13, 2026
Type: CJ

What's This Case About?

Let’s be real: nobody wakes up dreaming of being sued for $11,000 over a credit card they probably used to buy groceries, gas, or—let’s not kid ourselves—a spontaneous Amazon splurge on noise-canceling headphones and a George Foreman grill. But welcome to the glamorous world of Josh Berner of Oklahoma, who now finds himself in the legal crosshairs of Midland Credit Management, Inc., a debt collection company with the emotional warmth of a spreadsheet and the persistence of a pop-up ad. This isn’t a murder mystery. There’s no missing person, no secret affair, no hidden will. Just one man, one defaulted credit card, and one very determined corporation ready to take him to court over a balance that, let’s be honest, probably started as a few hundred bucks and ballooned into a five-figure nightmare thanks to interest, fees, and the cold, unblinking logic of the American debt machine.

So who are these people? On one side, we’ve got Josh Berner—a regular Oklahoma resident, presumably with a job, a car, and a streaming subscription he can no longer afford. We don’t know much about him, and that’s kind of the point. He’s not a villain. He’s not even particularly interesting—at least, not on paper. He’s just a guy who opened a Citibank credit card in June 2022, used it for a while, made payments, and then, somewhere around May 2024, stopped. Maybe he lost his job. Maybe medical bills piled up. Maybe he just got tired of living paycheck to paycheck and decided to stop answering the calls. Whatever the reason, by January 2025, Citibank had written off the account—meaning they gave up on collecting and sold the debt to a third party. Enter Midland Credit Management, Inc., the financial vulture that swoops in when banks say “nah, we’re done.” Midland didn’t issue the card. They didn’t know Josh. They didn’t care about his life story. They bought his debt for pennies on the dollar and now want the full $11,005.93—plus interest, court costs, and the emotional toll of being served legal papers. They’re represented by a law firm called LOVE, BEAL & NIXON, P.C., which sounds like a 1980s detective duo, but in reality is a well-oiled debt collection machine with a P.O. box in Oklahoma City and a team of attorneys whose job it is to file these petitions all day, every day.

Now, let’s walk through the timeline, because it’s wild how quickly a credit card can go from “convenient payment method” to “legal liability.” Josh opens the account in June 2022—fair enough. Credit cards are basically adult training wheels for financial responsibility. He uses it, pays it, life goes on. Then, on May 10, 2024, he makes his last payment. After that? Radio silence. No more payments. The account goes dark. By January 7, 2025, Citibank officially “charges off” the debt—accounting jargon for “we’re not getting this money back, so we’re selling it to someone who might.” That someone is Midland, who becomes the new owner of Josh’s financial regrets on February 20, 2025. Fast forward to November 24, 2025—just shy of a year after the account was charged off—and Midland files a lawsuit. They’re not negotiating. They’re not sending polite reminder letters. They’re going straight for the jugular: a petition for judgment, asking the Cherokee County District Court to legally declare that Josh owes them $11,005.93, plus interest, plus fees, plus whatever else the judge feels like tacking on. The whole case hinges on an affidavit from a guy named Richard Hogan, a “Legal Specialist” at Midland, who swears under penalty of perjury that the records show Josh owes the money. He didn’t talk to Josh. He didn’t review receipts or transaction details. He just looked at Midland’s internal records—records that were originally created by Citibank, then transferred, digitized, and repackaged into a legal weapon. It’s like a game of financial telephone, where the message gets distorted, but the debt only grows louder.

So why are they in court? Simple: Midland wants a judgment. In plain English, they want a judge to officially say, “Yes, Josh Berner owes this money,” which then gives them the legal power to collect it—by garnishing wages, freezing bank accounts, or putting a lien on property. This isn’t a criminal case. Josh isn’t going to jail. But if he loses, his financial life could get a lot more complicated. And let’s be clear: this is a debt collection lawsuit, not a dispute over whether a dog bit someone or whether a landlord failed to fix a leaky roof. It’s not about broken promises or property damage. It’s about money owed on a contract—a contract Josh presumably signed when he opened the Citibank card. Midland isn’t accusing him of fraud. They’re not saying he stole the money. They’re just saying he didn’t pay it back, and now they own the right to collect. The legal claim is straightforward: breach of contract. You agreed to pay. You didn’t. We bought the debt. Pay us. The court doesn’t care why he stopped paying. It only cares whether he did—and whether Midland has the paperwork to prove it.

And what do they want? Eleven thousand and five dollars and ninety-three cents. Is that a lot? Well, it depends. If you’re a hedge fund buying defaulted debts for 10 cents on the dollar, $11k is a rounding error. But if you’re Josh Berner, living in rural Oklahoma, trying to keep the lights on and the car running, $11k is a year’s rent, two used cars, or a lifetime supply of ramen. It’s the kind of number that can ruin a credit score, delay a mortgage, or force someone into bankruptcy. And yet, in the grand scheme of debt collection, this is small potatoes. Midland probably paid less than $2,000 for the debt. If they win, they could more than quintuple their investment. That’s the business model: buy low, sue high, profit from despair. And they do it at scale. Firms like LOVE, BEAL & NIXON file hundreds of these cases a year. This isn’t personal. It’s not even about Josh. He’s just a name on a docket, a data point in a portfolio.

Our take? The most absurd part isn’t that Josh got sued. It’s that any of this surprises us. We live in a country where medical debt, credit card debt, student loan debt—hell, even library fines—can spiral into legal battles, wage garnishments, and generational financial trauma. Josh Berner didn’t commit a crime. He didn’t scam anyone. He just fell behind on a payment, like millions of Americans do every year. And now he’s being dragged into court by a company that didn’t lend him the money, didn’t know him, and wouldn’t recognize him if they passed him at the gas station. We’re not rooting for deadbeats. We’re rooting for a system that doesn’t turn financial hardship into a legal war zone. We’re rooting for a world where $11,000 doesn’t mean the difference between stability and ruin. And we’re rooting for Josh Berner—because honestly, he could be any of us.

(We’re entertainers, not lawyers. This is based on court filings. We don’t know Josh. We don’t know Midland. We just know this case is a perfect little time capsule of how broken the American debt system really is.)

Case Overview

$11,006 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$11,006 Monetary
Plaintiffs
Defendants

Petition Text

666 words
25-56133-0 YE1 008 IN THE DISTRICT COURT OF CHEROKEE COUNTY STATE OF OKLAHOMA Midland Credit Management, Inc., ) ) ) ) No. CJ-26-31 vs. Josh Berner, ) ) ) ) ) ) ) ) Defendant. PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for cause of action against the Defendant alleges and states: 1. Defendant Defaulted on CITIBANK, N.A. obligation with account number XXXXXXXXXXXX1788. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $11,005.93. An Affidavit of Account and/or contract is attached hereto and incorporated by reference. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $11,005.93, 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 Peggy S. Horinek, #010344 Jenifer A. Gani, #021876 Alexander M. Hall, #33900 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- Berner, Josh, Defendant(s). AFFIDAVIT OF RICHARD HOGAN Richard Hogan, 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 CITIBANK, N.A./DIAMOND PREFERRED account XXXXXXXXXXXXX1788 (MCM Number 331756597) (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 $11,005.93 as of 2025-11-24. 5. On or about 2025-02-20, Midland Credit Management, Inc became the successor in interest to this Account. 6. MCM's records show that: 1) the Account was opened on 2022-06-14; 2) the last payment posted to the Account on 2024-05-10; and 3) the Account was charged off on 2025-01-07. 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. Date: DEC 16 2025 STATE OF MINNESOTA COUNTY OF STEARNS Signed and sworn to (or affirmed) before me on DEC 16 2025 by Richard Hogan. Christy Lynn Biss Notary Public - Minnesota My Commission Expires 01/31/2023 Notary Public OK038
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.