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beneficial/midland funding

Date: Wed, 09/19/2012 - 07:31

Submitted by anonymous
on Wed, 09/19/2012 - 07:31

Posts: 202330 Credits: [Donate]

Total Replies: 2


I too am being suied by Midland Funding. Where I am now standing is I personal answered their first court papers. This was without the aid of a lawyer. In my respond I asked them to produce the orginal note. I was not familiar with their company nor the figures they were quoting. Their reply;
[LIST=1]
  • "consent judgment" (in their favor expecting my signature) :rolleyes:
  • "voluntary repayment plan" with a statement of " The debt will need to be acknowledged through the attached consent judgment. Please return these forms as soon as possible. This is a communication froma debt collector."
  • Supplemental Memorandum in support of motion for summary judgment ( LSA-C.C.P. Article 966 provides in pertinent part) except those disallowed by article 969
    Today is the day I must respond. We have been in the wake of Hurrican "Issac" the reason for my delay. Q-- How do I now respond today?:confused:

    Thank you,


  • OK, please provide a little more info so we can get a better idea of where this is at right now.

    you said you answered the summons--how did you answer? Did you admit to the debt at all, or did you deny everything? If you admitted to owing the debt, then they are not going to need to provide you with anything because you already admitted to owing it. If you denied it, that will set up your next move.

    Also, it will do you no good to ask them for proof of the debt the way you did. This is in court now so you will have to follow the court's rules of civil procedure. The way to ask for documentation is called discovery, and you will need to file that motion with the court. Basically, what this means is you will file a document with the court in which you ask that the plaintiff provide you with relevant proof of their claims against you--an original credit agreement bearing your signature is just one such document that you should ask for in this manner.

    Please get back to me--I am interested in seeing more about what has happened up to now. You can email me if you like, my email is the same as my screen name here, at yahoo


    lrhall41

    Submitted by skydivr7673 on Wed, 09/19/2012 - 08:07

    ( Posts: 2036 | Credits: )


    Thank you for your response. No I did not acknowledge nor deny the debt. I stated I was not farmiliar with the company Midland Funding and I asked for the source in which they had their information. Thanks


    lrhall41

    Submitted by anonymous on Wed, 09/19/2012 - 09:42

    ( Posts: 202330 | Credits: )