Complaint Review: Midland Funding LLV - MIDLAND FUNDING - Diego California

I filed my own response to the summons from Midland Funding denying debt and that is was past SOL and never listed on any credit report. But after I got an attorney he tried to File Motion to Amends my answers and Midland wouldn't agree to it. We can have a hearing before the judge later if we don't settle but my consumer attorney is about 300 miles away and I can't see Midland wanting to send their lawyer. The court clerk said when the case was assigned for docket hearing. Midland thought it was the real thing and called freaking out. I fail to state they were not licensed to do business in my state. I had looked this up and found them listed and assumed wrong I guess bcause they are not. This could be a major violation but now it seems to not matter as I didn't address it right off. Find that hard to believe that it wouldn't still be considered a violation. Just something I wanted to mention to others dealing with summon response. They act like I should have addressed all the violations in that one answer or it is too late to pursue now. I thought it was just to deny the debt. Anyone else ever heard of it being this way? Now I have to decide if I accept their offer to dismiss suit and I drop countersuit. Has been a long ordeal for me. Will keep you updated. Jan - Columbia, Mississippi U.S.A.

Jan, You have them nailed and they know it. They are trying to intimidate you into dropping your countersuit. DO NOT do this!! Stay on them. They cannot win and they know it. As far as all of the other information you have just enter it into discovery and make it available to them. That's all you have to do prior to your next court date. Make them pay!! Junk Debt Buyers need to be held accountable. Here is what you ask for in a certified letter and/or motion: 1. Demand an accounting of a FULL "chain of title" back to the original creditor/charge off. 2. Demand to see the original signed contract and a full account history and itemization of charges of the original debt. 3. Demand to see the actual purchase contract for the debt INCLUDING proof of payment showing amount paid. [They hate this one!]. 4. Demand proof that they are licensed both in the state they sent you the collection letter from, as well as licensing in your state. You have the right to all of the information above, and if they fail to provide any of it, they cannot beat you in court. And they know it. In the mean time, contact both states involved and file a complaint against an unlicensed collection agency, and file an ethics complaint with the Bar Association on the lawyer who filed the frivolous lawsuit on a past SOL debt. Do as much damage to them as you can. Don't get mad, GET PAID!!

I filed my own response to the summons from Midland Funding denying debt and that is was past SOL and never listed on any credit report. But after I got an attorney he tried to File Motion to Amends my answers and Midland wouldn't agree to it. We can have a hearing before the judge later if we don't settle but my consumer attorney is about 300 miles away and I can't see Midland wanting to send their lawyer. The court clerk said when the case was assigned for docket hearing..Midland thought it was the real thing and called freaking out. I fail to state they were not licensed to do business in my state. I had looked this up and found them listed and assumed wrong I guess bcause they are not. This could be a major violation but now it seems to not matter as I didn't address it right off. Find that hard to believe that it wouldn't still be considered a violation. Just something I wanted to mention to others dealing with summon response. They act like I should have addressed all the violations in that one answer or it is too late to pursue now...I thought it was just to deny the debt. Anyone else ever heard of it being this way???? Now I have to decide if I accept their offer to dismiss suit and I drop countersuit.Has been a long ordeal for me. Will keep you updated.

I filed my own response to the summons from Midland Funding denying debt and that is was past SOL and never listed on any credit report. But after I got an attorney he tried to File Motion to Amends my answers and Midland wouldn't agree to it. We can have a hearing before the judge later if we don't settle but my consumer attorney is about 300 miles away and I can't see Midland wanting to send their lawyer. The court clerk said when the case was assigned for docket hearing..Midland thought it was the real thing and called freaking out. I fail to state they were not licensed to do business in my state. I had looked this up and found them listed and assumed wrong I guess bcause they are not. This could be a major violation but now it seems to not matter as I didn't address it right off. Find that hard to believe that it wouldn't still be considered a violation. Just something I wanted to mention to others dealing with summon response. They act like I should have addressed all the violations in that one answer or it is too late to pursue now...I thought it was just to deny the debt. Anyone else ever heard of it being this way???? Now I have to decide if I accept their offer to dismiss suit and I drop countersuit.Has been a long ordeal for me. Will keep you updated.

I filed my own response to the summons from Midland Funding denying debt and that is was past SOL and never listed on any credit report. But after I got an attorney he tried to File Motion to Amends my answers and Midland wouldn't agree to it. We can have a hearing before the judge later if we don't settle but my consumer attorney is about 300 miles away and I can't see Midland wanting to send their lawyer. The court clerk said when the case was assigned for docket hearing..Midland thought it was the real thing and called freaking out. I fail to state they were not licensed to do business in my state. I had looked this up and found them listed and assumed wrong I guess bcause they are not. This could be a major violation but now it seems to not matter as I didn't address it right off. Find that hard to believe that it wouldn't still be considered a violation. Just something I wanted to mention to others dealing with summon response. They act like I should have addressed all the violations in that one answer or it is too late to pursue now...I thought it was just to deny the debt. Anyone else ever heard of it being this way???? Now I have to decide if I accept their offer to dismiss suit and I drop countersuit.Has been a long ordeal for me. Will keep you updated.

I filed my own response to the summons from Midland Funding denying debt and that is was past SOL and never listed on any credit report. But after I got an attorney he tried to File Motion to Amends my answers and Midland wouldn't agree to it. We can have a hearing before the judge later if we don't settle but my consumer attorney is about 300 miles away and I can't see Midland wanting to send their lawyer. The court clerk said when the case was assigned for docket hearing..Midland thought it was the real thing and called freaking out. I fail to state they were not licensed to do business in my state. I had looked this up and found them listed and assumed wrong I guess bcause they are not. This could be a major violation but now it seems to not matter as I didn't address it right off. Find that hard to believe that it wouldn't still be considered a violation. Just something I wanted to mention to others dealing with summon response. They act like I should have addressed all the violations in that one answer or it is too late to pursue now...I thought it was just to deny the debt. Anyone else ever heard of it being this way???? Now I have to decide if I accept their offer to dismiss suit and I drop countersuit.Has been a long ordeal for me. Will keep you updated.

collection agency can not be both purchaser and 'asignee' it's one or the other. that protected under the FDCPA. the best case law i could fine: gearing v. check brokeage corp 233 f.3d 469(7th cir 2000)