Fraud Case

I was served papers on behalf of Midland Funding. I called the law office representing Midland and informed them this was a fraudulent case and that I would be more than happy to send the police report. I was told I need to feel out and have notarized a ID Theft Affidavit, I had this delivered certified mail to them over 6 weeks ago. I have called once a week since then to be told every time we are still working on this issue. I have sent paper work to the court house denying the debt along with a copy of everything sent to the law firm. My court date has been set for 6 weeks from now. I have tried contacting Midland at the numbers provided on this forum with no luck ( i get told they can not discuss it.) What is it I do now, contact a lawyer, give it time, go to court? Please help

Wait for the law firm to respond. If they don't respond prior to your court date, make sure you take a copy of all your documents and show up in court.

If you have the affordability, you can contact a lawyer and get the required advice from him. In the meantime make copies of all of the documents, the payments and all so that you can use those as proof of the claims made by you.

How can there be payments if this is a fraud case?

The OP shouldnt have to pay an attorney for a debt they do not owe. The police report and disputing it with the courts should suffice.

after doing a search for midland i have one piece of advice for the OP.do not correspond further with midland,or the lawyer representing them.they know this is a fraud case,and probably knew it from the start.they are a scumbag bottomfeeder on par with assett acceptance.the reason they haven't answered your calls is that they in their typical fashion are gonna try through either letters,or calls to get you to no show at the court date.they have done this on other threads not only here,but in ripoff report as well.keep tabs through your court clerk only.you did what you were supposed to do.if they were not total compost they would have dropped it by now,and you would have heard from the court of this.again do not communicate with them further,and keep tabs of the case through your court clerk.

I have had to go to the court clerk for all information gathered about this summons and court date. My question is a lawyer has offered to send a letter to this debt collection agency on my behalf for $50. Is it worth a try or should I just wait for the day in court?

why?you will get this dismissed anyway.they can lie to this lawyer as well as you,and you are out 50.00.wait for the court date.

I wouldnt waste the money...$50 for a letter you can easily write yourself???

What specifically do you mean by you were "served papers?"

The debt collection process has very specific steps that the debt collector must follow. They must provide you a formal collection (dunning) notice within 5 days of initial communication with you. Did they do that?

Have you sent them a timely DV request? If so, they would be under a cease communication bar until such time as they have provided validation of the debt.

I would heed the suggestion not to communicate orally with them. Get a DV letter to them, and consider that as a cease communication bar. Make them provide validation. I would not just idly wait for their "decision." The ball is really in your court to make them provide written validation or else leave you alone.

it's obvious you didn't read the entire original post because you would have seen these points.

1)they were sreved papers and had a court date set
2)the OP already has everything they need to prove this was an id theft fraud case
3)midland is famous for this kind of activity

now with that being said.a DV is pointless as the OP has proof and sent it to the lawyer that is is id theft.please the entire post before responding please.

As someone who has actually handled Midland files, let me give you some advice.

Firstly, if its not your, they will not fight it. They have nothing t gain, they will lose almost by default.

Here is what I would do:

First, if it is reported on your credit, write a POLITE letter to the three credit bureaus stating you dispute the debt. The collector is required to respond to a challenge within a certain period of time. If they cant prove it, then the debt will be removed from your credit.

Secondly, write a letter to the collector stating that you want Verification of the debt, and that you dispute it. Make sure to ask for the original signed contract. They will send you a copy of a statement, and the original docs if they exist.

Thirdly, be patient. It will take at least a month, and it can often take a few months to get something to come off your credit.

If you really want to screw with them, get them to break the FDCPA. Not only will they have to get rid of your debt, they will have to pay you. They typically lose my default. The company I worked for could not sue anybody in an entire county because of ONE lawyer who kept counter suing them. Just ONE lawyer, and an entire county was spared.

Sending a DV letter at this point is completely useless. Once a law suit is initiated any request tantamount to DV requests need to be made in form of discovery. The OP has sent ample proof that this is fraud, what on earth would a DV request accomplish?