Midland Funding I am being sued ,or about to be sued by Midland Funding for money i don't owe. San Diego California
Today (Monday March 31st 2008) i recieved a Validation Notice from an attorney whose office is in Portland Maine. The Letter is an attempt to collect a debt that Midland Funding LLC in San Diego, CA claims i owe. I have 30 days from today to respond or they will assume that the debt is valid. The attorney will then send me a copy of the judgement against me unless i respond. The debt in question was from 10 years ago with Beneficial Finance. They charged it off in November of 2006.
In December '06 i received the first of several letters from Midland claiming to have purchased my debt from Beneficial. Midland went on to say that i now owe them and proceeded too apply their interest onto this debt. It is my understanding that a debt as old as this (approx.10 years now) cannot be collected on. I don't know what to do here but i have 30 days from today to figure it out.
Concerned
Blaine, Maine
U.S.A.
3 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Advice for "wtaguy" regarding that 30 day thing.
#4Consumer Suggestion
Thu, April 03, 2008
"wtaguy",
First of all, that 30 day thing means absolutely nothing to the consumer/debtor. It is no way affects your rights. If you respond in 3 days 31 days or NEVER, your rights are the same. READ the FDCPA.
Secondly, neither a collector or a lawyer can just send you a judgement for your failure to respond. You are not understanding the law here.
Before ANYONE can get a civil judgement against you,they MUST first sue you and win, and then go for the judgement.
I suggest that you spend some time reading the FDCPA, and the FCRA.
YOU must assert the SOL defense for yourself. Nobody will do it for you. And, there is no law against them making an attempt to collect on a debt indefinitely, however, the expiration of Statute of Limitations only prevents them from suing you.
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Submitted: 3/31/2008 9:06:41 AM
Modified: 4/3/2008 1:53:24 PM
wtaguy
Blaine, Maine
Today (Monday March 31st 2008) i recieved a Validation Notice from an attorney whose office is in Portland Maine. The Letter is an attempt to collect a debt that Midland Funding LLC in San Diego, CA claims i owe. I have 30 days from today to respond or they will assume that the debt is valid. The attorney will then send me a copy of the judgement against me unless i respond. The debt in question was from 10 years ago with Beneficial Finance. They charged it off in November of 2006.
In December '06 i received the first of several letters from Midland claiming to have purchased my debt from Beneficial. Midland went on to say that i now owe them and proceeded too apply their interest onto this debt. It is my understanding that a debt as old as this (approx.10 years now) cannot be collected on. I don't know what to do here but i have 30 days from tod
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John
Louisville,Kentucky,
U.S.A.
RE:
#4Consumer Comment
Thu, April 03, 2008
It is very important that you respond to this immediately....Send them a letter via Registered Mail with Return receipt stating:
Per the Fair Debt Collection Practices Act I would like to have this alleged debt validated and for you to confirm that said debt is within the Statue of Limitations.
Do not say or write anything else....
Diana
Madera,California,
U.S.A.
Check your state's SOL
#4Consumer Suggestion
Thu, April 03, 2008
If the debt is over 10 years old. Meaning you have not paid anything in 10 years. Then Midland cannot sue on it and they know it. So DV them, and check your CR to see if this is being reported by them. But check your SOL for your state. Also MCM is a 3rd party debt. collector. I would say that The attorney for them is in violation of FDRCA.
Go as fast as you can to BudHibbs.com and search his site.
I am not an attorney and just a consumer with a suggestion.
Best of luck