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Midland refused to validate, and now has filed small claims suit.

Date: Wed, 04/13/2011 - 05:57

Submitted by stick101010
on Wed, 04/13/2011 - 05:57

Posts: 39 Credits: [Donate]

Total Replies: 3


In January I got a letter from Midland about a debt I don't recognize. I asked for validation, got proof they recieved the DV letter, but never got a response. Now I have a letter saying they are suing me. I have some guy leaving notes on my door that I am being sued, and that I must call him to get served or he will show up at my work.

I am pretty sure this is an FDCPA violation, along with the notice on my door from a process server and the hit to my credit report. When I get served, how do I include my countersuit with my answer? Of course i am nervous, but any thoughts? I have read all of the awsome posts, and have saved all of the sample forms. How do I find out if they are licensed to collect in Texas (where I am)?

Any help would be appreciated.


If you've send them a validation letter and if they haven't validated the debt, then you're not liable to pay them. You should contact an attorney and he will help you in drafting a reply to the summons that you've received. You can even send them a cease and desist letter and ask them to not contact you any further. You can contact the Texas Office of Consumer Credit Commissioner in order to get more information about Midland and to find out whether or not they are legal in your state.

You can even check out what people have to say about Midland from the given page: http://www.debtconsolidationcare.com/forums/midlandcredit.html


lrhall41

Submitted by Anna Sweeting on Wed, 04/13/2011 - 21:35

( Posts: 1827 | Credits: )


Hi!
Welcome to the forums!

Glance through the following page to know how to deal with the summons.
http://www.debtconsolidationcare.com/forums/about10629.html.

The fact that they have not bothered to validate your debt will go in your favor when the case goes to the court. You should retain all the documents that prove that the collection agency didn't send you a debt validation letter even after getting a written request from you. I would also suggest you to visit the county court office to find out whether the papers you have received at your door is genuine. If they are not, then you can register a complaint against them in FTC.

You can also check out the following page to know how to deal with Midland Funding LLC:
http://www.debtconsolidationcare.com/collection-agencies/midlandfunding-llc.html


lrhall41

Submitted by Good Nelly on Wed, 04/13/2011 - 21:59

( Posts: 2846 | Credits: )


I checked with the court, and have in fact been sued. Now I have some process server talking to my neighbors and trying to embarass me by leaving notices on my front garage saying I am being sued.

I am pretty sure I can get it thrown out, ut I am obviously nervous about the process, since I have never been sued or sued anyone. Court is still the Big Bad Scary Wolf, until you have been there done that.

If anyone has actually had to do this in Texas, I would love to hear from you.


lrhall41

Submitted by stick101010 on Thu, 04/14/2011 - 19:33

( Posts: 39 | Credits: )