Complaint Review: Midland Funding / Jay Taylor Attorney - Houston Texas

Of course the burden of proof falls on the attorney's office/creditor. They will usually have sworn affidavits stating so and so owes this debt at the amount from this date of debt, etc etc. It is signed by the creditor's bookkeepers. So let's say the attorney has statements in your name, social security, etc, plus affidavits... then this is what I mean it then fall upon you to disprove that. Its like any lawsuit. Someone sues you by serving you with a petition which states their claim against you. Then the court only allows so many days for you to make your dispute known. Now if you never even had this account or let's say you did and the statutes are expired according to your state's statutes, then you definitely have a case. I never implied that people should roll over and take it. I encourage people to stay on top of these matters. Do not forget legal delays. Learn your rights. I never understood why people would get a citation that says, "You've been sued" and then just ignore it. Keep calling. Keep logs of phone calls. Get letters in writing always! And in terms of a the plantiff's attorney cannot dispute the matter for you.. well I simply mean that you can't just call an attorney and say, "I don't owe this. Can you check into this matter for me?" You must file your response with the court in order to have it in the suit record. If Mr. Smith sued you for property damage, you couldn't call his attorney and ask him, "How can you help me win this case against your client?"

This person is an absolute moron! Do not take any advice from this person. FYI.."cucumberwrap"..It is NOT the burden of proof on the person/"debtor" to prove they do not owe a debt. The legal burden of proof is ALWAYS on the debt collector / plaintiff. Always. And...process service does not require that a person accept the summons. Any face to face contact is good, and in some states it can me placed at/on the door of last known residence, etc. You are a genuine tool. Go back to your cubicle now and hit that crack pipe some more. You know nothing, so stop giving "advice". >>> Submitted: 7/14/2008 6:24:11 PM Modified: 7/14/2008 8:48:24 PM Cucumberwrap Bagdad, Kentucky U.S.A. Process Servers While I cannot comment on Texas law, it seems like you're avoiding service. When people avoid service, they end up costing themselves more money in the long run. Sometimes it can costs up to $300.00 just to hire someone in plain clothes to serve people who are too scared to accept papers from a deputy. If its a good attorney's office, they will very aware of statutes. And yes the burden of proof does fall on you as well to prove that this is not your debt. It is not up to the collection agency to dispute the debt for you. >>>

While I cannot comment on Texas law, it seems like you're avoiding service. When people avoid service, they end up costing themselves more money in the long run. Sometimes it can costs up to $300.00 just to hire someone in plain clothes to serve people who are too scared to accept papers from a deputy. If its a good attorney's office, they will very aware of statutes. And yes the burden of proof does fall on you as well to prove that this is not your debt. It is not up to the collection agency to dispute the debt for you.

While I cannot comment on Texas law, it seems like you're avoiding service. When people avoid service, they end up costing themselves more money in the long run. Sometimes it can costs up to $300.00 just to hire someone in plain clothes to serve people who are too scared to accept papers from a deputy. If its a good attorney's office, they will very aware of statutes. And yes the burden of proof does fall on you as well to prove that this is not your debt. It is not up to the collection agency to dispute the debt for you.

While I cannot comment on Texas law, it seems like you're avoiding service. When people avoid service, they end up costing themselves more money in the long run. Sometimes it can costs up to $300.00 just to hire someone in plain clothes to serve people who are too scared to accept papers from a deputy. If its a good attorney's office, they will very aware of statutes. And yes the burden of proof does fall on you as well to prove that this is not your debt. It is not up to the collection agency to dispute the debt for you.

While I cannot comment on Texas law, it seems like you're avoiding service. When people avoid service, they end up costing themselves more money in the long run. Sometimes it can costs up to $300.00 just to hire someone in plain clothes to serve people who are too scared to accept papers from a deputy. If its a good attorney's office, they will very aware of statutes. And yes the burden of proof does fall on you as well to prove that this is not your debt. It is not up to the collection agency to dispute the debt for you.