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Midland Funding LLC - Midland Funding Of Delaware LLC illegal unfair practices confusing court filing notice no dates credit debt San Diego California
OK, here's my situation:
This afternoon I noticed some papers shoved through the side of the door to my apartment. There was no envelope- the papers were just stapled together, folded and shoved through the slit on the side of the door.
The first thing I read was:
Consumer Credit Transaction
Important!! You are being sued!
I almost laughed because it seemed so unofficial. Btw, the agency's official name on the papers is "Midland Funding LLC DBA in New York as Midland Funding of Delaware LLC." (?)
After reading through all three pages, I realize it's a summons to appear in court because Midland (or their attorneys) are suing me for a Citibank credit card debt from a few years ago. The amount they indicate I owe is almost double of what I probably truly owe. I don't know what that is because I have not received any statements in years. I was living in New Orleans during Katrina and had contacted the credit card back then telling them that I would not be able to make payments for a while, as I did not have any idea if I had a home or what was going on. To make a long story, shorter, I ended up moving back to NYC a year later and received one or two statements from them. At that time (2006) I called them again and informed them that I had no source of income yet (I went back to school so I was a student, but that only lasted a few months because I could not afford to live), so I was still unable to pay and cancelled my card (I hadn't used it since Sept 2005 anyway.) I never heard from them again... until now. At that time (again, 2006) the amount I owed was somewhere in the $3000 range. The court papers I received today say I owe over $8000.
The court papers also have a stamp saying "FILED Feb 11, 2009 New York County Civil Court", but today is MARCH 7, 2009. Since the papers say I have either 20 or 30 days to respond, does that mean 30 days from the filing date? How screwed up is that!? So I have 4 days!?
Furthermore, the papers state "...the judgment will be taken against you for the sum of $8006.00 with interest on the sum of $8006.00 from 1/30/09 together with the costs of this action."
So here are my questions about all this:
A) Where did that amount come from?
B) What does the 1/30/09 date mean and where did THAT come from?
C) Is Midland in CA, DE, or NY?
D) How can they sue me if I never entered an agreement with them- but with Citibank?
E) How can I prove that I was just served with these papers TODAY and that they did not serve me properly? (ie the papers through the door with no envelope...)
F) How am I supposed to respond to this? There is NO way I can afford a lawyer- I work part-time and struggle to pay the rent every month. I have no money for food at the moment and I have been looking for a full-time or second part-time job for a year, but in this economy, it's virtually impossible.
G) After reading tons of reports here on this "company", I realize they are going to try and freeze my bank account because they are hoping the court will issue a judgment for my "failure to appear" in court, being that I only got the summons TODAY! So my question is, should I withdraw all the money I have in there (all $800- big bucks, right?!) now? They can't garnish my paycheck because I work as a part-time nanny and I am paid cash- thank god.
H) I don't own anything of value- no home, car, stocks, bonds, or anything financial or of value- other than my laptop, which they will have to pry from my cold, dead hands.
H) Their lawyers (Pressler and Pressler) are suing for them, so does that mean that Midland does not have to have a license to collect debt in NYC (because they don't, btw)? And they are supposed to have a license number on the papers, which they don't. Do I call the lawyers? There is no number for Midland.
In sum, WHAT DO I DO and HOW CAN THIS COMPANY GET AWAY WITH THESE PRACTICES!?! Any help/info is appreciated. Thanks.
Ac_nyc
New York, New York
U.S.A.
3 Updates & Rebuttals
Vipers1960
Huachuca,Arizona,
U.S.A.
Check out this website
#4Consumer Comment
Tue, April 14, 2009
Hi,I am dealing with midland as well,Check out this website it is wonderful and helped me alot (((Redacted)))
GOOD LUCK!
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
Laurie
Haslet,Texas,
U.S.A.
THEY ARE ALSO KNOWN FOR FILING FALSIFIED COURT DOCUMENTS
#4Consumer Comment
Tue, April 07, 2009
SHOW UP IN COURT
EXPLAIN YOU WERE NOT CORRECTLY SERVED - NO TIME TO RESPOND.
QUESTION ALL DOCUMENTS THEY PROVIDE AS FALSIFIED.
Bud Hibbs has a great website to help you .. www.budhibbs.com go there ASAP
Midland breaks FDCPA regularly..
If ROR removes the link - just search the internet on Bud Hibbs.
Tracy Akron
Akron,Ohio,
U.S.A.
Midland Funding is a Debt Buyer!!!!
#4Consumer Suggestion
Tue, April 07, 2009
Okay, You say that the date on the summons is february of 2009. You have to file an answer with the court. And you only have about 20 days to do that. You need to contact the attorney representing Midland and ask for Validation of the debt!! Do not give them any info, like your SSN number. Use the info on the summons. You need to find out if this debt is really yours. Also, ask about Midland not having a license to do business in New York. That is important. If they dont, then they have no way of suing you in that state. IF there is no time, then SHOW UP at the hearing!!! That is really important! IF you do not, then Midland and their attorney will file for a default judgement on the debt they say you owe. And that is really hard to overturn once it is in effect. IF they get the judgement, then they can go after your bank accounts and freeze them to get money.
Midland Funding is a debt buyer. Mostly they buy debt that is old, out of statute of limitations and time barred from collection. CHeck the statute of limitations in both the state you moved from and also the state you now reside in. If they are suing you in the jurisdiction of New York, then they have to abide by the statutes in New York. Midland is notorious for suing on debts that are too old to actually collect on, but you have to bring this up at the hearing. Once the judge is aware that the statute of limitations is over, he/she will dismiss the hearing and you will WIN.
good luck
Debbie