I'm going to the court date...
Date: Tue, 07/05/2011 - 14:21
I just received, for the first time, 3 letters from 3 different local attorneys advising me they can help settle a lawsuit that had been brought against me. I have never received any certified letter of any sort and have lived at my current home for over a year now. I logged onto my local courthouse website, for search on public cases and low and behold there was the case just opened on June 21 2011. I have no idea how to proceed...I don't owe Midland Funding, LLC, I have no documentation on whom they a recovering funds for (I haven't had but 1 actual credit card in the last 5 years and that is in good standing).
I was advised to do the following from a friend who is an attorney: GO TO THE COURT DATE, if you do not show they can default garnish you up to 25%. when I get there state the following: " I do not owe the paintiff, as i never entered into an agreement with Midland Funding, LLC so no breach of contract can exist" If they state that they represent another company, ask 1) who they are 2) see the original contract with original company 3) dates & amounts of EACH transaction for the alleged balance between me & them 4) and method of calculation
Be sure to refer back to Midland Funding, LLC as "No, I do not owe the plaintiff inthis case. No, because I have never entered into an agreement with the plaintiff int his case" If you do not recognize the name of the the creditor they mention, say "I am not sure of that fact, may I see the original contract & itemized list of transactions for the debt/creditor in question so i may answer to them?"
Midland Funding HAS to provide this info...they have the burden of proof, NOT YOU. THEY have to prove you owe that money....
I was advised to do the following from a friend who is an attorney: GO TO THE COURT DATE, if you do not show they can default garnish you up to 25%. when I get there state the following: " I do not owe the paintiff, as i never entered into an agreement with Midland Funding, LLC so no breach of contract can exist" If they state that they represent another company, ask 1) who they are 2) see the original contract with original company 3) dates & amounts of EACH transaction for the alleged balance between me & them 4) and method of calculation
Be sure to refer back to Midland Funding, LLC as "No, I do not owe the plaintiff inthis case. No, because I have never entered into an agreement with the plaintiff int his case" If you do not recognize the name of the the creditor they mention, say "I am not sure of that fact, may I see the original contract & itemized list of transactions for the debt/creditor in question so i may answer to them?"
Midland Funding HAS to provide this info...they have the burden of proof, NOT YOU. THEY have to prove you owe that money....
Welcome to the Forums! Thanks a lot???.for sharing this info
Welcome to the Forums!
Thanks a lot???.for sharing this information with us. I hope this will help all of the forum members in future.
Your friend has given you the correct advice. You should attend
Your friend has given you the correct advice. You should attend the court hearing. If you don't owe the money, then I don't think Midland will be able to win the case. You can also appoint an attorney to deal with this particular matter.
