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Brachfeld Law Grp - Midland Funding

Date: Fri, 03/11/2011 - 10:30

Submitted by anonymous
on Fri, 03/11/2011 - 10:30

Posts: 202330 Credits: [Donate]

Total Replies: 2


Been contacted for awhile now by Midland Funding. They sent me photocopies of statements when I DV'ed them. Now being contacted by Brachfeld Law. I know that law firm will probably be filing a suit against me soon - they have numerous lawsuits going on in my county - but my question is, should I DV them also? I have never received anything in writing from them - just 2 recent phone calls. Would that just be a waste of my time right now? Thanks for your advice.


Sounds like they may be working for Midland. Go ahead and DV them....FYI in court a few statements would not be enough. Explain this to Brachfeld......tell them you demanded validation from Midland and they sent you a few statements that wouldn't prove the debt is legitimate in court and that now you demand validation from them as well.

The statements they sent, does the last amount owed match what they are saying you owe? Was it a final statement or just random statements? You can reasonably demand the same proof from them they would need in court and make no bones about also demanding it in court should they file suit.

When was the last time you made a payment on this debt and what state you live in?

Even though the statutes are vague on what constitutes validation asking for these things is completely reasonable and would be required in court if you asked for them during discovery:

final statement or any final bill that specifies how much you owe.

A signed agreement/contract that gives them the right to collect and also outlines what fees and/or interest they may charge (especially important if what they say you owe and the statement says you owe are two different amounts)

Something that proves they are the legal entity to collect. If they bought the debt then they should provide a copy of something that shows they bought your specific account..not just that they buy a bunch of accounts from the OC...has to say your account number.


lrhall41

Submitted by goldenbast on Fri, 03/11/2011 - 12:20

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Thank you goldenblast. I know enough not to let them get a default jgt if they file and to hit them with discovery at the same time I file my answer. My husband and I are consulting w/ an atty to see if we can file bk to get rid of some old collection accts. We live in CA and sol will not run on these for 2 more yrs. I think I will dv brachfeld and see what happens. Like I said I know they will file (we have steady jobs) it is just a matter of when.


lrhall41

Submitted by anonymous on Sat, 03/12/2011 - 08:29

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