- Report: #355521
Complaint Review: Midland Funding L.L.C. And Daniels Law Offices - Quincy Massachusetts
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Midland Funding L.L.C. And Daniels Law Offices
1250 Hancock Street Quincy, 02169 Massachusetts, U.S.A.
Phone:
617-237-1300
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Midland Funding, L.L.C. And Daniels Law Offices Trying to sue my 77 year old mother on and invalid debt. Quincy Massachusetts
On June 21st my mother received a summons that she is being sued on a Citibank account that Midland Funding bought. This account does not appear on her credit report. I called the clerk of the court and was told to send a response to the court and to the lawyer, Daniels Law Office, Quincy, MA within 20 days that this debt is not valid. The clerk of the court told me that it is up to to them to prove the validity of this debt, not my mother.
I sent the letter to Daniels Law Office registered mail with return receipt. this was sent on June 23, 2008. We received the return reciept and it showed that it was signed for on June 25, 2008.
On July 21, 2008 Daniels Law Office filed a Request for Default stating that my mother did not file an answer or otherwise defend as to the complaint. I called the clerk at the court and was told they could not file this judgement because they have the letter and that my mother was fine and that she just needs to show up at the pre trial hearing which would be more than a month away.
In this letter that Daniels Law Office sent to the court for the Request For Default it states: "WHEREFORE, the plaintiff makes application that the defendat be defaulted. Dated at Boston, MA July 21, 2008".
It also states: "SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY".
My question is this, because the lawyer, Daniels Law Office filed for this judgement and clearly received my mother's response saying that this debt to the best of her knowledge is not valid and the lawyer still tried to get a default judgement could she petition the court to dismiss this case because from the filing of this judgement the lawyer comitted perjury by filing this judgement.
Any help would be greatly appreciated.
Eltgolf
mashpee, Massachusetts
U.S.A.
I sent the letter to Daniels Law Office registered mail with return receipt. this was sent on June 23, 2008. We received the return reciept and it showed that it was signed for on June 25, 2008.
On July 21, 2008 Daniels Law Office filed a Request for Default stating that my mother did not file an answer or otherwise defend as to the complaint. I called the clerk at the court and was told they could not file this judgement because they have the letter and that my mother was fine and that she just needs to show up at the pre trial hearing which would be more than a month away.
In this letter that Daniels Law Office sent to the court for the Request For Default it states: "WHEREFORE, the plaintiff makes application that the defendat be defaulted. Dated at Boston, MA July 21, 2008".
It also states: "SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY".
My question is this, because the lawyer, Daniels Law Office filed for this judgement and clearly received my mother's response saying that this debt to the best of her knowledge is not valid and the lawyer still tried to get a default judgement could she petition the court to dismiss this case because from the filing of this judgement the lawyer comitted perjury by filing this judgement.
Any help would be greatly appreciated.
Eltgolf
mashpee, Massachusetts
U.S.A.
1 Updates & Rebuttals
J G Shrugged
Austin,Texas,
U.S.A.
I can't believe the Clerk is telling you that!
#2Consumer Suggestion
Fri, July 25, 2008
It sounds like legal advice, which they shouldn't give. When you were requested to respond, you have to respond in the legal way, which in "legalese" formatted according to the court rules in place. By not responding the proper way, the CA was correct in requesting a default judgment, which a judge may or may not give out at the hearing. They have every right to request it - it's up to the judge to determine if it is proper or not. Your mother needs to see a local attorney pronto!
