Complaint Review: Midland Management - Midland Funding - San Diego California

J, When I said validate, that was meant to be validated IN COURT. Not via a validation letter. If a summons has been served, that is automatic. I was only telling her HOW to respond, NOT what to send. She was talking about "sworn" statements and notorized letters. A simple denial as a response to the summons is all that is needed, and sent as I described above. On this debt, a lawyer really is not needed if played right. If I was going to pay a lawyer, it would be to file a countersuit as well.

THANKS J & Steve for taking the time to answer my need for help. I will try to contact Legal Aid again today. I retired from teaching early due to heart problems, am widowed and live on a SSDI of $1,140 a month. ...preparing to give my son a kidney at 30 is in kidney failure...so i am already on everload. If this was a valid debt I have no resources for them to collect from and that was one lawyers response. I have learned enough from reading on here that I still don't want a default against me. I have until the Feb. 6 to answer to complain ....so about 2 weeks. It is taking its toll on me but I keep telling myself I can't let low down Junk Debt people finish me off....got to hang in here..

I've must of missed something, If a person already has been issued a summons, that he is being sued for 19000.00. I was under the impression that you must answer the summons, not rquest validation. Sure he can use as part of the defences, that they never validated the debt. wouldn't or couldn't the court, or the collection attorney say this was an improper answer. validation at this point is useful, to delay the collection activity, because all collection activity must cease, until the attorney provides it, which should not take them long. so Jan if you need to buy yourself a little more time. ok But do not get confused and think the validation request is your answer to the summons, it is not, you must still file your answer with the court and the attorney, after they give you this validation I admit, I've missed this frist step, sorry. Steve, good looking out

Jan, A sworn or notorized statement is NOT needed. A simple letter sent certified mail, return reciept requested is all you need. be sure to put the certified# on the letter itself as this proves exactly what you sent. They must be able to validate to beat you in court, and you have a right to sue them for the frivolous collection and lawsuit. Settle for nothing less than the original signed contract and a full account history and itemization of charges. The original creditor is out of the picture except for determining SOL. They must prove you owe THEM the money.

An attorney is alway best to have, but you have only so much time to answer the summons. if you have enough time to obtain an attorney that the best thing to do, if you can't wait because of the time to answer suumons, then go ahead and do a sworn denial, yes you must go to a notory. file one with the attorney, the court and keep a copy for you. remember I'm not an attorny and this is not legal advice, just trying to point you in the right direction. I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount. the defendant alledges the affrimative defences of accord and satisfaction, Leahes, equitable estoppell or the defendant alledges this debt is time bar, by the statute of limitation under Mississippi Law Defendant prays this honorable court will dismiss the planitiff case. Jan whatever advice you get here, is not legal advice and you need to check it, to make sure its within your state laws and civil rules good luck