I've been served with a summons from Midland Funding on a Providian credit card account, they're being represented by Love Beal & Nixon out of Oklahoma City, OK. Neither my husband nor I have a clear recollection of this account.
Attached to the summons is an affidavit of Indebtedness completed by a legal rep employed by Midland. Should I still request a DV from them? It lists the account number from Providian, when we opened the account, when we made the last payment, and when the account was charged off by Providian as well as the date when Midland Funding became the successor of interest on this account. But no original information such as original credit limit (which I want to know) or original documents showing signatures, etc...
I'm filing an answer to the summons with the court and the attorneys listed on the summons stating without validation I don't have enough information to reply by admission or denial.... or do I? Thanks for any help.
BG
debt validation letter
Hi BGRobinson,
An Affidavit of Indebtedness is the statement, on what the plaintiff states how much the debtor owes on his credit cards and loans. It can also contain details on when the repayment was due, and that the debtor has still not made payments on his debts, etc.
Now, as you have been served with a summons, you will have to answer to that, else Midland Funding will win a default judgment against you. As the case has already been filed in the court, you will get all the required details on the debt from the court itself. So, you need not send validation letter to the collection agency. You can request the court clerk to provide you the paperwork on this debt, and also help you in answering to the summons.
Thanks,
Aaron
Thank you Aaron - I guess I was counting on the letter of validation to buy me a little time. We really don't want to actually go to court - but would like to settle this before that date comes around; at the same time I'd like information on the original debt ie: the original credit limit, etc... I have the answers prepared to deliver to the court and have them date stamped by the court and send the copy to the attorneys for Midland Funding. My answer is that currently we don't have enough information to admit or deny the statements, I don't know for certain what the balance was when we finally stopped paying due to lack of funds.... is this a proper way of answering? I checked with the court and the clerk said she didn't really assist with answers, I could find examples here online. One thing is for certain though - I won't make the mistake again of not responding.
If you have an additional information that would be of help to me, please contact me - I truly appreciate it.
BG
More questions --- shouldn't I have verification of original signatures for this account...not just take their word on this affidavit? Yes, I know it's an affidavit...but still, I don't trust the situation without proof.
summons
Hi BGRobinson,
We really don't want to actually go to court - but would like to settle this before that date comes around
If you have been asked to appear in court, then you should do that, else you can be held in contempt of the court. As a result you may have to stay in custody for 2-3 days. Even if you reach an out of court settlement, it is better to follow the summons.
My answer is that currently we don't have enough information to admit or deny the statements, I don't know for certain what the balance was when we finally stopped paying due to lack of funds.... is this a proper way of answering?
You will be bale to get the information from your credit report, and also form the court papers.
shouldn't I have verification of original signatures for this account...not just take their word on this affidavit?
You will get all the details about the validity of the debt from the court itself.
Sorry for the late reply.
Regards,
Aaron
Midland Funding case dismissed in Florida
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Midland Funding case dismissed in Tennessee
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