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Midland Funding Ignored Validation, Now Sued

Date: Sat, 05/07/2011 - 12:39

Submitted by stick101010
on Sat, 05/07/2011 - 12:39

Posts: 39 Credits: [Donate]

Total Replies: 1


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.