I was served a summons at my home. The plaintiff is Midland Funding. I plan to represent myself. I live in Idaho. The complaint is a credit card debt owed to Citibank which has been charged off in 07. It is still within the SOL. I answered the complaint within 20 days by filing a DV letter to the court and sent a copy certified mail to Midland Funding. I realized after the fact by reading many posts that that is not really an answer to the summons. I did dispute the debt in the letter and requested proof of debt. I received a computer generated copy of a Citibank statement with my name and old address at the top from their attorney. I have two questions:
1. Should I now after its been 30 days since served file a detailed admit/deny answer to the complaint with my affirmative defenses since the DV letter was not a detailed answer to the complaint. And...
2. Is the computer printed statement I received from the Plaintiff's attorney really proof of anything?
This case has been set for pretrial in the future.
Any help or advice would be greatly appreciated.
Thank you in advance.
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Midland Funding Suit for Citibank credit card
Hi jimsmom,
Welcome to this community :)
Do you still have the time to file your response to the summons? If you have time, you can file the answer, and agree or deny to the complaints accordingly. However, the validation that Midland Funding sent you is not a proper one. You can get all the details about this debt from the court itself. For more details on this debt you can refer http://www.creditmagic.org/repair/sampleletter-debtvalidation.html .
Hope this helps.
Regards,
Aaron
Please be careful of Midland. They have a very old account of mine, one that should fall off in October of this year. A few days ago I pulled my report for review and seen they listed my account as date opened 9/2007 and first major del. 2/2008. I have not even made a payment on this account since 2002. My advice is to ask for proof and also keep your credit report close by and never throw away the old reports. If you ever have to prove the date of your debt later (if someone changes dates) you will have an old one to refer back to.
Midland Funding
Thank you Aaron for your reply to my post. I appreciate your help. In answer to your question, it is past the 30 days since I received the summons. I answered the summons by filing with the court a Debt Validation letter. I later realized that that was not an appropriate way to respond. I have since prepared an admit/deny answer with my affirmative defenses. My question is do you think I should file it anyway? I still can file it with the court, the pretrail has not been set yet and will be sometime from now. I don't see that it would hurt anything? What do you think? Thank you for the link as to what is considered proof of debt.
In anwer to Fireyone's response, thank you for your reply. I to, saw when pulling a recent credit report that Midland had an entry on it and had made a recent payment to this old credit card account to update the Sol. I am not quite sure how to handle this. My plan was not to admit to owning this account in court and let the burden of proof rest on Midland. Do you have any suggestions? Any replies will be greatly appreciated.
Midland funding
Hi jimsmom,
If there's time to file the response now you can do so. Else, you can talk to the court clerk about this. However, it will be best to consult an attorney.
I to, saw when pulling a recent credit report that Midland had an entry on it and had made a recent payment to this old credit card account to update the Sol.
This is illegal. You should file complaints with the Federal Trade Commission about this, and the State Attorney General.
Thanks,
Aaron
Midland Funding case dismissed in Oregon
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After the Answer to the Summon
Hi,
My summon did not state the account number that I owe. It only show the amount and name of the bank. Can I ask for proof of the debt directly from the Lawyer after I have already filed an Answer to them? Any assistance will help! Thanks in advance!
midland funding suit
i dont have a credit card but i got papers in the mail to fill out and send i have not heard yet i dont know if this is the right place but any help would be greatly aprreciated they went to cour in june or july of 2011 around the 17 or 27
rEPLY TO LESLIE
i DO APPRECIATE YOUR EXCITMENT IN WE WON WE WON WE WON. But the fact that you had to take your time, respond to a lawsuit, go to court isn't really a win.
Lawyers charges 150 bucks an hour how many hours did you spend to defend this and times it by 150 an hour.
WE ALL LOSE LOSE LOSE! Cause eventually they get alot of people because the court doesn't penalize them. They should be fined every time someone stands up against them and proves their fraudsters.
midland fund
Midland made up an account for around 4,000.00 and placed it on my credit report. It was removed by the next day by calling the credit agency. They have such a bad reputation for doing this type of thing you should have no problem removing their entries.
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