Midland Funding Ignored Validation, Now Sued
Date: Sat, 05/07/2011 - 12:39
I recieved a collection letter(with 30 day notice on bottom) in January from Midland Funding via Fulton, Friedman and Gullace. I didn't recognize the debt, so I sent a debt validation letter to them. In March, I got letters stating I was being sued, but had not been served. I again sent a debt validation notice to both Fulton and Midland. Today I recieved a notice of service attached to my door. I have never recieved any reply to my validation letters.
The complaint is exactly what I expected, having read up on the forum. I got a petition, an affidavit from a Midland employee and a single credit card statement from a Chase account. I have until 10:00 AM Monday next following 10 days after I recieved the citation to reply.
In the complaint, there is request for admissions and a request for disclosure. The admissions are: (D is defendant and P is plaintiff)
1) Admit D entered into agreement whereby P or P's original assignor extended credit to D. Response:
2) Admit D accepted credit for purchase of goods, etc. Response:
3) Admit the prices charged for goods, etc were agreed to by D. or another with permission. Response:
4) Admit D recieved periodic statements. Response:
5) Admit defendant promised to pay P or P's original assignor. Response
6) Admit D made payments to P or P's assignor. Response:
7) Admit there is an unpaid balance. Response:
8) Admit the balance due and owing is at least $6975.33. Response:
9) Admit that more than 30 days ago, P presented to D a demand for payment of outstanding balance. Response:
10) Admit D has failed to pay P on the account. Response:
11) Admit that due to D nonpayment, P has obtained the law firm to represent P. Response:
12) Admit debt is just due and unpaid. Response:
13) Admit D has no document which support any defense in the cause. Response:
equest for production No. 1
14) Admit D has no offset, credit, or claim against P. Response (I think I have a counterclaim for FDCPA and TDCPA (Texas) viloations)
15) Admit D consents to court jurisdiction. Response:
16) Admit P's predecessors conveyed, transferred, assigned rights to the account to P. Response:
Then there is a request for disclosure, It just says to disclose within 50 days of service the information or material described in Rule 194.2(a)-(f), (i), and (l) of the Texas rules of civil procedure.
I have never been through anything like this before, so I am hoping and counting on advice from all of the great people on the forum. I know the first thing I need to do is answer the complaint, but I am not sure how, nor how to add my counterclaim. Do I need to also include request for discovery in my answer? Should I include my documentation and certified reciepts from all of my DV requests?
I will be working on this tomorrow and Monday, so any and all help is greatly appreciated.
The complaint is exactly what I expected, having read up on the forum. I got a petition, an affidavit from a Midland employee and a single credit card statement from a Chase account. I have until 10:00 AM Monday next following 10 days after I recieved the citation to reply.
In the complaint, there is request for admissions and a request for disclosure. The admissions are: (D is defendant and P is plaintiff)
1) Admit D entered into agreement whereby P or P's original assignor extended credit to D. Response:
2) Admit D accepted credit for purchase of goods, etc. Response:
3) Admit the prices charged for goods, etc were agreed to by D. or another with permission. Response:
4) Admit D recieved periodic statements. Response:
5) Admit defendant promised to pay P or P's original assignor. Response
6) Admit D made payments to P or P's assignor. Response:
7) Admit there is an unpaid balance. Response:
8) Admit the balance due and owing is at least $6975.33. Response:
9) Admit that more than 30 days ago, P presented to D a demand for payment of outstanding balance. Response:
10) Admit D has failed to pay P on the account. Response:
11) Admit that due to D nonpayment, P has obtained the law firm to represent P. Response:
12) Admit debt is just due and unpaid. Response:
13) Admit D has no document which support any defense in the cause. Response:
equest for production No. 1
14) Admit D has no offset, credit, or claim against P. Response (I think I have a counterclaim for FDCPA and TDCPA (Texas) viloations)
15) Admit D consents to court jurisdiction. Response:
16) Admit P's predecessors conveyed, transferred, assigned rights to the account to P. Response:
Then there is a request for disclosure, It just says to disclose within 50 days of service the information or material described in Rule 194.2(a)-(f), (i), and (l) of the Texas rules of civil procedure.
I have never been through anything like this before, so I am hoping and counting on advice from all of the great people on the forum. I know the first thing I need to do is answer the complaint, but I am not sure how, nor how to add my counterclaim. Do I need to also include request for discovery in my answer? Should I include my documentation and certified reciepts from all of my DV requests?
I will be working on this tomorrow and Monday, so any and all help is greatly appreciated.
You can get idea about how to write an answer to the summons fro
You can get idea about how to write an answer to the summons from the following url:
"www.lawhelp.org/documents/1387410205EN.pdf?stateabbrev=/..." You may enclose the certified receipts from all of your DV requests with the answer.