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midland funding is suing me

Date: Tue, 07/12/2011 - 07:47

Submitted by anonymous
on Tue, 07/12/2011 - 07:47

Posts: 202330 Credits: [Donate]

Total Replies: 4


I was served by Midland funding for an old washington Mutual account that I was unable to pay due to a medical injury and job loss. The last time I was able to pay on the debt was early 2008. Now midland funding states that I owe them for the debt, which has increased by an additional $1000. I plan to file bankruptcy due to the unfortunate events, but in the mean time, how do I defend myself against this company that claims I owe them. I never even heard of this company until they served me.


Hi!
Welcome to the Forums!

You will have to give a reply to the summons within the next 20 days. You'll have to defend yourself against all the allegations made against you by the plaintiff. You can visit the county court website to know about the rules of civil procedure. You can send a DV letter to them in writing. But I don't think it will be of any help now. If you file bankruptcy, then automatic stay will be imposed on the legal proceedings by the court. See, if you can settle the debt out of court without filing bankruptcy.


lrhall41

Submitted by Good Nelly on Tue, 07/12/2011 - 21:07

( Posts: 2846 | Credits: )


Midland Funding is usually pretty easy to beat as they rarely have the proper evidence to prove their claim.

I'd have to know more of your information (what did they supply as evidence, the ballpark amount of the debt) to be able to go into the details in what to do, but post back and we'll try to help!


lrhall41

Submitted by Angeldove on Thu, 07/14/2011 - 20:24

( Posts: 225 | Credits: )


If this is the first time they have communicated with you regarding the debt, it is an "initial communication with the consumer" under FDCPA 809(a). They were then required to send you a formal collection (dunning) notice under FDCPA 809(b) within 5-days thereafter, stating the amount of the debt, and providing notice of your "mini-miranda" rights, including advisement that you can request debt validation within 30-days. Did they send you dunning notice?
If not, they will be going into court under a violation of FDCPA 809(a), which you or your attorney should immediately file a pre-trial motion for their compliance.
Until they provide you proper dunning notice, they are not ready for trial. Make them do it. After they provide dunning notice, you then have up to 30-days to reqest debt validation. You can use these requirements and rights to delay their legal action.


lrhall41

Submitted by Lian on Fri, 07/15/2011 - 01:26

( Posts: 234 | Credits: )