Being sued by Midland Funding...But I have proof
Date: Sun, 02/27/2011 - 23:15
I am currently a defendant in a suit brought forth by Plaintiff Midland Funding LLC, original debt was with Beneficial in 2004 involving a credit line/credit card that I paid off in 2006. I'm 100% positive that I have fulfilled my obligations to Beneficial. I called Beneficial in reference to the account in question only to find out that this account is in negative reporting on my credit as a charge-off; Beneficial only directs me to call MidLand Funding LLC who then directs me to call the attorney handling this account. I am now at odds with Midland Funding LLC in their effort to collect on an invalid debt in this complaint.
In the complain there is a statement attached that shows the original debt was purchased from Beneficial by Midland Funding LLC in 2010. However, this statement refers to an account that is unknown/unrelated to defendant/me as shown in separate attached documents. My Free Annual Credit Report currently shows a Charge-Off by Beneficial and a past due amount by Midland Funding LLC. Furthermore, over the years I have kept account balance statements, letters and cancelled checks. I called my bank and was able to aquire a copy of the actual Pay-Off check dated April 2006 [definitive proof]. I also have the monthly billing statement reflecting that credit.
Q. My question is How do I go about clearing this lawsuit_ Do I continue to follow procedure in this lawsuit or do I send what I have to their attorney and the courts? What Should I Do?:confused:
In the complain there is a statement attached that shows the original debt was purchased from Beneficial by Midland Funding LLC in 2010. However, this statement refers to an account that is unknown/unrelated to defendant/me as shown in separate attached documents. My Free Annual Credit Report currently shows a Charge-Off by Beneficial and a past due amount by Midland Funding LLC. Furthermore, over the years I have kept account balance statements, letters and cancelled checks. I called my bank and was able to aquire a copy of the actual Pay-Off check dated April 2006 [definitive proof]. I also have the monthly billing statement reflecting that credit.
Q. My question is How do I go about clearing this lawsuit_ Do I continue to follow procedure in this lawsuit or do I send what I have to their attorney and the courts? What Should I Do?:confused:
You have done the right thing by keeping all the documents with
You have done the right thing by keeping all the documents with you. First of all, you need to answer the summons. If you are unable to answer the summons on your own, then you can contact a lawyer regarding this purpose. Go through the main complaints made against you and defend them with proper proof. Send the copy off the payment receipts to their attorney. Attend the court hearing and show all the documents which prove that the original debt has already been paid off.
You can also go through the following page to know about how to deal with credit card debt summons:
http://www.debtconsolidationcare.com/forums/about10629.html
