1995

Did you get a summons in the mail? Call your county clerk and see if you really have a case file. If there is, make sure you haven't been served yet. Once you get served, make sure you file your answers. We can help you answer your summons.

I have a feeling she was blowing smoke up your bum. Call them back and inform them that you have not made any such payments and you will be asking for proof of such payments during discovery, where you will also demand a signed agreement/contract, the final statement, proof of their right to collect AND you will challenge the chain of custody (basically means you will force them to provide a paper trail of where the debt has been since it was with fingerhut) and that you will be filling a counter suit.

Check your credit report to see if this account is reporting.

IF they have not filed suit, immediately send them a debt validation letter and inform them that you want full validation and if they have put this on your credit file, you want proof of the account otherwise you will be suing THEM for violations of FDCPA/FCRA and FACTA.

Yes I was served the summons already. Midland Credit is the plantiff. the lady from St. Louis ( attorney office )said they would contact Midland and ask for documentation. But I believe that is a snow job. Because the court date is April 18th. They are in no hurry to clear my name. I sure would like to get my hands on the paperwork to see who,what,when. If it is mine I will pay it.BUT if they can't prove it why should I pay it.

PS--- it is NOT on any credit reports.

Alright. Make sure you file a motion for Discovery and ask for:

signed agreement/contract
Final statement
proof they are the legal entity to collect
all payments made on the account (since they tried to tell you that you made a payment)
chain of custody - ask for documentation that proves where the account has been

Did you file your answer yet?

I have not done anything, this is my first ever legal action and i am lost. Do I need a lawyer or is this something I can do myself ? Thank you

I always suggest you get a lawyer..but unfortunately in this day and age none of us can afford them! You can do this yourself, it is called Pro se. We can help you answer your suit...you MUST answer or they will get a default judgment!!!

Ok....list the statements of the summons, just redact your personal information and we can help you answer them. As a good rule of thumb, you format your answer like the summons. Also, was anything attached to the summons as exhibits such as statements and/or affidavits?

An affidavit was.It basically said she was familiar with the manner and method MCM creates and maintains its business accounts. the PETITION does NOT say anything about this account being from 1995 and it does not mention they purchased this debt in 2005.Like i told the lady if i owe it I will pay it, I just want proof.

Well at least they are not trying to say they have personal knowledge of the account. I don't really see how someone knowing how MCM handles their accounts proves it is your debt. Curious. You could possibly object to it on the grounds that how MCM handles accounts has no bearing on this particular account, or proves definitively where the account came from or if it is correct...it is not from the original creditor.

thanks, i will keep you poseted. THANK GOODNESS for this site !!!!! A+++++

got an attorney. will update as needed

If this is from 1995 its out of SOL and that would be my defense and seeing how the original Fingerhut closed by 1999 there is no way in hell they can come up with any documentation whatsoever. The so called new Fingerhut has nothing to do whatsoever with the old one. This is a bottom feedeer hoping someone falls for their crap. They will have no documentation for court. If you have a lawyer he should be able to countersue them for suing you for a debt out of SOL