Midland Funding LLC. coming after me for old credit debt.
I answered their summons denying the 3 claims against me.
I also filed a motion to strike their bogus affidavit on the grounds that is entirely heresay and there is no way the employee that signed has personal knowledge of my dealings with Chase Bank.
They have replied with a motion in opposition to my motion on the grounds that due to Indiana Law they have to submit a Affidavit of Debt to be able to bring this case to court.
While I understand that they have to have that affidavit I don't see how that changes the fact that it's heresay.
Am I able to respond to their motion, or is it simply up to the court to decide which way they are going to go?
The debt is for just over $1000 on an account opened up in 2006. That's over the SOL but they are claiming I paid on that account to chase in 2010... but they are not able to prove that.
I've also toyed with the idea of sending them a request for the original contract with Chase and the last 2 years of statements.
I can give as much info as necessary to anyone willing to help me out.
Thanks in advance.
Thanks!
Thank you for the advice, I have begun pursuing that course of action.
In the meantime should I file a motion for discovery and ask for the original contract between myself and Chase or ask for 2 years of statements?
If so, how do I do that?
Finally, is there anything I should do about their motion to dismiss my motion?
Generally speaking will I get notified of the court date in the mail? Or do I need to look it up?
Thanks again.
They do not have to provide
They do not have to provide you with the 2 years of statements. You can ask but in reality they dont have to give it to you.
When was the date of your last payment? SOL for Indiana is 6 years. You said the account was opened in 2006...when was the date of your first delinquency?? Paul may have jumped the gun on stating the account is timed barred without this information
Have you checked your credit
Have you checked your credit report to see when the date of your last payment was??
SORRY
was away,but since you are aware of the chase debt and i'm assuming it is not on your CR then you do get an FDCPA lawyer on a contingency and countersue.this bottomfeeder needs to pay for illegaly re-aging this debt.i'm not backing down from that stance.
look it up
midland is again a dirty ass bottomfeeder that never plays by the rules.they will if they can try to sneak stuff by you.check with the court yourself on this never trust a bottomfeeder.btw you motion for discovery with your court clerk so go and inform the court of your motion.however all that's doing is delaying the inevitable which is they must be countersued.you have proof of their illegal re-aging so all they will do is delay,delay,delay hoping you trip up and then they get their ill gotten judgement.see you can request proof of the 2010 payment,but again all you are doing is allowing them to delay.they need to be sued.people don't do that enough.this piece of crap has gotten away with things like this because people who have hard proof of FDCPA violations don't sue.look into it,and again keep tabs with the court not midland.
No payment
No payment shows on my credit report in 2010. There isn't really any record of the account at all until 2012 when Midland apparently took the reigns.
Does it matter this is the first they have ever tried to collect on it?
Ok
So to be honest, I have no idea when my last payment on that account was. I called Chase and they just told me they no longer had records of the account, that seemed weird to me but I called back and the new rep reiterated they no longer had line of sight to the account.
Today in the mail I got a 2nd copy of their motion to dismiss my motion, is that just a scare tactic or mailing error?
Should I go ahead and file a motion of discovery and since I did submit a notice of appearance with my answer I HAVE to be notified by mail when the date is set, yes?
Sorry for my questions, I have never been sued before.
yep
the first post just said 2006 never mentioned particulars like last payment.however they are trying to push that a 2010 payment was made so i just bought up the re-aging as something they have them on,but you are right soaplady.jumped the SOL GUN.