jsizzler Posted January 25, 2005 Report Share Posted January 25, 2005 I have a suit filed against me in a county court. The court website states I have a hearing scheduled. This is a debt I am contesting that is around $7500. The original issuer is Discover and current owner is MRC Recievables Corp. and the letterhead states Midland Credit Management. So what does that mean. I sent the Validation letter to Midland. Who is what in this picture? I am representing myself in this mattter and need to know how to deal with all the parties involved. I have been doing research into this matter but have discovered this. The court has Discover and MRC as the plaintiffs. I sent the letter to Midland because that is were the original letter came from. Do I have a case against them? I sent the letter and no validation was sent back to me from anyone. I want to have it thrown out becasue of failure to comply with FDCPA section 803. I thought I was good until I discovered that little tid-bit. Also breach of contract is the case type and the amount of $7500. Not small claims court right? what kind of court or case is this? On the issue of validation. Where in the FDCPA does it describe exactly what Validation is. Can the judge interpret valadation or is there a clear section in the act that describes it? I know these are a lot of questions but it's getting to the nitty gritty and I want all the ammo I can get in court. Link to comment Share on other sites More sharing options...
admin Posted January 25, 2005 Report Share Posted January 25, 2005 Did you reply to the summons? Link to comment Share on other sites More sharing options...
jsizzler Posted January 25, 2005 Author Report Share Posted January 25, 2005 I had no chance to reply to the summon. I found out about it threw a solicitation from another lawyer wanting my services which prompted me to check the courts website. I wouldn't know who to reply to. I am sure the plaintiff's lawyer is expecting me not to show so he can get an easy default judgement. So I have to go and do the best I can. Link to comment Share on other sites More sharing options...
LadynRed Posted January 25, 2005 Report Share Posted January 25, 2005 You need to call the courthouse immediately and request a continuance !! You should have been served a summons with a copy of the lawsuit long before this. If you were not served, then you have a valid reason for putting a hold on this. If they won't postpone the hearing, then you need to bring up the fact that you were never served with the Summons and Complaint and only had a clue when you got that solicitation from the lawyer. You need to get a copy of the case file for this lawsuit ASAP. In it will be a certificate of service. It will tell you when, where, how, and to whom the summons was served. Link to comment Share on other sites More sharing options...
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