Tracy Akron
Akron,#2Consumer Suggestion
Sat, April 04, 2009
I am also dealing with an attorney retained by Midland Funding LLC. If the date says Febrary 11, 2009, then you are required to file an answer within a certain number of days to the court. Midland is notorius for this. No matter what, APPEAR on the date it says in court!!! Midland is hoping you will not. Then they can ask for a default judgement on your case and they win. If you are there, you can tell the judge that you just received the summons and you were not served, but the paperwork was slid under your side door. You can tell the judge you need a continuance on the case in order for you to retain counsel. Or, you can move for a "traverse" hearing if the date has come and gone. You will have to file yourself with the court. A traverse hearing is for improper service of summons. They will have to verify HOW they served you. If it was slid under the door, that mean a real person served it. They wil have to bring in the person who did it, and you can ask that person when, and how they served your summons. Ask to see his logbook , as he/she is required to have it logged if summons was served in person. He will have to have the date, who he gave it to, ect. Midland is a debt buyer. They purchase mostly very old debt that has been through a couple of other collection agencies already. They buy packets of debt from other companies, although they also buy debt direct from the original creditor too. They like to buy old debt however, because it is CHEAP. If the packet they are buying is debt that is very old, out of the statute of limitations (how old is the debt they are suing you for? Check the statute of limitations on your state on the internet). The packet they buy will probably have hundreds or even thousands of accounts. Usually on old debt the only information they will get in the paperwork packet is a couple of lines that include:account number, persons name, maybe an old address, and a balance that usually is greatly inflated due to the other collection agencies changing the info. They buy the accounts for less than pennies on the dollar. They have no original paperwork. DO your homework on what they say you owe,. ask them to validate everything. Good luck Debbie
Vipers1960
Huachuca,#3Consumer Comment
Wed, April 01, 2009
I am currently dealing with midland as well i just want to share a few things i have learned,I had an account that became deliquent 1n 7/2005 through HSBC, midland purchased the old debt and now it states on my credit bureau report the date opened o8/2008.It is absolutley illegal to re-age old debts.Check your credit reports on annualcreditreport.com it is free one time a year,Get your proof find out if your debt has been re-aged as a new debt,Go to this website it give you the laws creditlinksrus.com/credit_reporting_laws.htm. Also do a search on FCRA and FDCPA also gives you your rights,But i suggest you check your credit reports first then go to the credit links website before you do anything else. Then you will have the information to fight back against midland. Beat of luck!