Credit card lawsuit help.?
Hi i posted earlier last month concerning a debt summons, i did respond to the debt summons and file notice of appearance plus i included some affirmative defenses to the debt the collection agncy midland funding. after about 20 days they sent me another bunch of letters, it icluded admission of facts , production of documents, and interogatories. First of all they claim i owe them but they have not produced any documents of the original contract with bank of america. I even called bank of america to give me more information abt the account but bank of america couldnt produce the documents, they only said they sodl the account to midland funding.. Now i know i have to respond to the admission and the otheres but how do i do that, they havent even provided me with any contract binding me to them and hoe much they bought the debt or more..do i need to file my own discovery or debt validation letter first b4 responding to their interrogatories. do i need to file this debt validation letter through the court too or is this just between me and collection agency. Also by the way apparently this debt was supposedly open in dec 2005 , so according to SOL, it expires dec 2009 since i think i might have been an open acount..i am not even sure. . your help will be appreciated.. thanks
Ignore Emily W.’s spam response to go to http://ebiznus.com
Many of these companies buy up old debt, including debt which was settled for a lesser amount and which you technically do not owe. DO NOT make even a 1 cent payment until you are SURE you owe this debt as it may, in many cases, restart the statute of limitations. Midland Funding appears to be one of them that chases after old, "charged off" debt, which means the original debtor has given up and counted it as a loss. While this is slimy, this is legal, unlike the practices of some of the others out there. You should start with these links.
http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292720
http://www.debtconsolidationcare.com/collection-agencies/midlandfunding-llc.html
http://newyork.olx.com/is-midland-funding-after-you-iid-4585598
Hopefully you will find some information in there that will help you.
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Maybe you can file a complaint through the court. Try your local university to get free legal advice or the local bar association. Usually they will help you with basic questions.
References :
Ignore Emily W.’s spam response to go to http://ebiznus.com
Many of these companies buy up old debt, including debt which was settled for a lesser amount and which you technically do not owe. DO NOT make even a 1 cent payment until you are SURE you owe this debt as it may, in many cases, restart the statute of limitations. Midland Funding appears to be one of them that chases after old, "charged off" debt, which means the original debtor has given up and counted it as a loss. While this is slimy, this is legal, unlike the practices of some of the others out there. You should start with these links.
http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292720
http://www.debtconsolidationcare.com/collection-agencies/midlandfunding-llc.html
http://newyork.olx.com/is-midland-funding-after-you-iid-4585598
Hopefully you will find some information in there that will help you.
References :
A statute of limitations (SOL) only expires when no lawsuit has yet been filed. If a lawsuit is filed before the statute of limitations (SOL) expires, then it never expires. For example, if the expiration date is 12/2009 and the lawsuit has already been filed (it is now 10/2009), then the SOL will not help you.
References :
Creditboards has a forum to discuss such lawsuits (in addition to a lot of other credit forums there)
As far as I know Creditboards is the most popular forum to discuss credit problems. A lot of people there have been bankrupt and regained their credit, etc.
References :
http://www.creditboards.com
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