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spinner80

I posted this elsewhere, but I'll try for an answer here....

Midland Credit Corp got my debt validation letter on the same day I got served with a summons to appear in court.

At 1st court date I filed my answer and again denied the debt and asked for a written agreement and proof of how they determined I owe the amount they are suing for. Their lawyer told judge I was asking for documents & case was continued.

At 2nd court date a new lawyer appears - again I say I deny I owe them and judge asks lawyer if he wants a trial. This laywer seems to be looking for the doucments I requested mumbling something like "I don't have anything else" and he was like "Yes, I guess we want to go to trial".

My specific questions:

1. What can I expect at the trail?

2. Can I countersue them for not acknowledging my debt validation request within 30 days - or is it way beyond that point?

3. If they show up with the assignment of debt, how to I go about prooving that they are a junk debt buyer and therefore paid pennies on the dollar for the original amount I owed?

Thanks for any input you can share.

Posted: Sun Nov 04, 2007 8:43 am Subject:

Even though they are a JDB if they own the debt then they own it. It's a transferable asset (unfortunately) how old is the debt and what state did you live in when the debt was allegedly generated?

spinner80 · Posted: Sun Nov 04, 2007 9:11 am Subject:

I'm in IL. I think Providian sold this debt to MCC in 2003.

Posted: Sun Nov 04, 2007 10:57 am Subject:

Well, it' still within the statutes of limitation for IL. The best thing for you to do is hire a attorney to defend you, preferably one well versed in FDCPA law. I would suggest www.naca.net as a start or you could try your county's legal aid office.

Posted: Sun Nov 04, 2007 2:15 pm Subject:

Since they had already filed suit to sue you before they got your validation letter then it isn't a violation.

The court isn't going to care how much they paid for the debt. If it's valid you are also going to owe court and attorney fee's.

If you are looking for a way out because your debt got bought then your best bet and quite likely your ownly bet is going to be to hope that they don't have all the paper work the court is going to require.

Posted: Sun Nov 04, 2007 2:30 pm Subject:

The absolute first thing to do is answer the complaint to avoid a default judgment. Now if you plan on fighting in court you can request all their proof during discovery phase of trial.

Posted: Sun Nov 04, 2007 2:40 pm Subject:

One question that I have to know the answer to is: is the debt your?

Posted: Sun Nov 04, 2007 2:46 pm Subject:

Just a bit curious here, when was the original debt incurred and when was the last payment made on this debt?
Also I agree with cajun and FYI, your best bet is to hope they dont have all of the paperwork in order that the judge asks for. However I dont think it would hurt your case any if you can prove that you sent a validation letter and was never responded to, as well as when you recieved the first letter in correspondce to when your first court appearance was.
I take it this was a legally licensed company that you owe money to?

Guest · Posted: Sun Nov 04, 2007 4:30 pm Subject:

In answer to some of the questions this was a Providian visa card opened in 2000. I can't remember when I last paid, but quite possibly is was before 2003. From 2001 thru 2003 I had a long period where I was unemployed & finally had to settle on a lessor paying job. During this time I wasn't paying a lot of my debts because I could only afford the bare necessities for me & my kids (I'm a single mom.

My guess here? I don't think they have the paperwork, because @ second court date the lawyer seemed to look at the paperwork just as the case was called - he could see from the 1st court date that I asked for proof, and he did not have it - which is why I think he moved for a trial.

I'm confused now - seems you guys are indicating I have no chance here. If they proove they now own the debt can't I counterpoint that they need to proove what they paid & that is all I should own them?

Posted: Sun Nov 04, 2007 4:50 pm Subject:

I wonder, had they previously contacted you before they filed a lawsuit? If they had already sent you the required 1692g notices, and at least 30 days elapsed before they received your dispute, then they are not violating FDCPA. However, if the summons was their initial communication to you, then I think they would actually be required to validate your dispute before continuing with the case.

As to only owing them what they paid for your debt, I'm afraid it doesn't work like that. You owe a legal balance, which is comprised of purchases/fees/interest less the payments you already made. The original creditor sells your account at a discount, but that discount doesn't affect your actual balance; Midland could have paid 10 cents for your account, but you would still owe them for the full face-value of that contract. They are under no obligation to prove how much they paid for your account -- just to prove that they are now the legal owners and how much you legally owe.

I think Midland files all of their cases in the Cook County - First District (downtown). If your case is downtown, you can take a bit of solice knowing the judges are more liberal/debtor-friendly than creditor-friendly. If Midland doesn't have their I's dotted and T's crossed, the judge will toss it. It will also be up to Midland to prove your balance by showing complete ledger detail and payment history - if they can't prove your balance then they won't win.

There is a pro se help desk in the Daley Center, where they offer free help filling out forms. Cook County also provides a free "advice desk" - and one of the bar associations have attorneys that hang around to give free help:

Posted: Sun Nov 04, 2007 5:29 pm Subject:

Debtcruncher makes a good point if they tried to contact you before, but perhaps you had moved and didnt get the notice in time?
And no hun I am not saying you dont have a chance, but trying to not be over zelous either.
Debtcruncher really gave you some good info and if you get a chance to talk to an attorney before going into court that is a large large bonus for you Smile

Like i said before I would make sure and have any copies of any information and communication you have had with these people as far as lack of information from them etc.
The more information you have at hand the better for you:)
Chin UP

Posted: Sun Nov 04, 2007 6:18 pm Subject:

Just to give you an example how our judges here in Cook County work ---

My company is licensed in IL as a finance company, as such we are allowed to charge interest on our accounts. There have been times we sue people and the Cook County judges will not allow the interest to be included in the judgment ... and it has nothing to do with our interest being illegal, it's just that the judge doesn't feel like "giving it to us" that day.

I've had discussions with my attorney over "how can the judge do this? We're licensed, it's legal to charge interest, we're following all the laws -- why won't the judges give us interest." My attorney's answer to my question was basically "the judge can do whatever he wants -- you can appeal it, but do you want to pay thousands of dollars to take it up to the Appellate Court?"

Also, I know many courts around the country provide free legal advice in criminal cases - well, they have to. As far as I know, Cook County may be the only court in US that gives free legal advice in civil cases.

hockeyman · Posted: Sun Nov 04, 2007 8:35 pm Subject:

The State supreme courts in five boroughs of New York City also give free legal advise in civil matters. Kings County and Bronx County Offices of self represented are crazy hopping every day of the week.

Posted: Sun Nov 04, 2007 9:39 pm Subject:

Good luck through with what ever happens. I think though that you should have some sort of repayment plan to fall back on it they do get a judgement.

sender · Posted: Sun Nov 04, 2007 11:34 pm Subject:

Get a copy of your credit report it should list on there when your last payment was made and give you info for the SOL question.

Guest · Posted: Mon Nov 05, 2007 5:41 pm Subject:

Thanks for all the input - I'm glad I found this board.

This case is in McHenry County & I have a copy of my certified debt validation letter. And yes, I had been getting bills from Midland that I ignored. I just didn't have any extra money after paying for necessities.

I have talked to Eddleman Combs in Chicago - they are consumer lawyers who helped me out before with a class action suit. On their website they specifically talk about junk debt buyers and how to fight in court & mention Midland Credit - even saying to contact them if you are being donned or sued by them. This law firm says they think I can fight this on my own - they are certain Midland won't have all the paperwork they need to proove their case. I don't think they will represent me - they are in Chicago - this case is in Woodstock.

Anyone know a good consumer rights lawyer in the McHenry County area? At this point, if Midland Credit wins I may wind up having to file bankruptcy.

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