WILLY Posted April 23, 2007 Report Share Posted April 23, 2007 Midland is attempting to sue me. They have been attempting for more than a year but have been unsuccessful in locating me. Does anyone have any suggestions? I would like to stick it to them! I am currently in the DV process with them. Does this count as collection activities? I would like to counter sue them. Can I counter sue them and also claim their suit is invalid due to expired SOL? HELP...... Link to comment Share on other sites More sharing options...
WILLY Posted April 23, 2007 Author Report Share Posted April 23, 2007 Just served with 'Plantiff's application for confirmation of arbitration award". Anyone have a clue what my next step should be and what this means? Can I represent myself? Link to comment Share on other sites More sharing options...
CantCU Posted April 24, 2007 Report Share Posted April 24, 2007 Just served with 'Plantiff's application for confirmation of arbitration award". Anyone have a clue what my next step should be and what this means? Can I represent myself?Willy,I am quite interested in what this application for confirmation of arbitration award you refer to. Were you ever served papers for arbitration? Your first post says you are being sued then your second one mentions arbitration. According to Bud Hibb's website, Midland is venturing out into the arbitration game and I posted recently that I feared this would be what they do to me. How much is the debt?http://www.budhibbs.com/debtcollectorpages/midland_credit_management.htmMore information, please! Link to comment Share on other sites More sharing options...
Big Time Posted April 24, 2007 Report Share Posted April 24, 2007 It's probably time for you to quit running and fight them. Their arbitration scam is very dangerous. Read the sticky about it:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=227015Make sure you read the entire thread because some of the info in the first few posts isn't entirely correct anymore. Link to comment Share on other sites More sharing options...
WILLY Posted April 24, 2007 Author Report Share Posted April 24, 2007 Great link BigTime. Thanks for the info. I guess the saga will continue. Has anyone counter sued and won against OC, CA or NAF? On what grounds? Link to comment Share on other sites More sharing options...
credit_68 Posted April 25, 2007 Report Share Posted April 25, 2007 Check with your state corporation commission to see if Midland Credit Management, Inc. is authorized to transact business in your state. You simply give the name of the corporation, and they will let you know. If the company is not authorized to transact business in your state, pay the nominal fee, in VA it was $6, to have them send you a, "Certificate of Fact". This document will be on State letterhead and stamped to help your cause of against, in this particular case, Midland Credit Management, Inc. Link to comment Share on other sites More sharing options...
CantCU Posted April 25, 2007 Report Share Posted April 25, 2007 How much is your debt if you don't mind me asking? I am trying to determine if Midland will continue collection activities even though I have DV'd them twice. Link to comment Share on other sites More sharing options...
WILLY Posted April 25, 2007 Author Report Share Posted April 25, 2007 The suit is approximately 4k. They served me for the above mentions application. In the paperwork it states that they served me with arbitration in a county I have never resided and is far from my current residence and NOT in the same county. Of course they won the arbitration because I never responded. How can I responde if I am not aware of the proceedings? I called my county court yesterday and it appears that they filed a dismissal for want of prosecution, signed by the judge. Coincidently I DV them about three weeks ago and recieved no response. Maybe they changed their minds? At this point, I obviously have a ficticious claim on an official court documents (states they served me and they did NOT). Does anyone see the violation of "law" here or am I dreaming. I would really like to get these guys and NAF for filing false documents to a court. Link to comment Share on other sites More sharing options...
cjtx Posted April 25, 2007 Report Share Posted April 25, 2007 Filing suit in a county other than where you live is a violation of both FDCPA and the laundry list in Texas DTPA.NAF will be immune because they relied on the documents and affidavits of service filed by your CA.And this is a defense you can use and a counterclaim. Link to comment Share on other sites More sharing options...
WILLY Posted April 25, 2007 Author Report Share Posted April 25, 2007 What do you think it is worth???$$$. Link to comment Share on other sites More sharing options...
cjtx Posted April 25, 2007 Report Share Posted April 25, 2007 FDCPA violations are $1,000.Have you lost any wages because of this?Have you been denied credit as a direct consequence of this arbitration award?Under DTPA the jury may also award mental anguish and treble damages if you show they did this knowingly. Did they know your right address and still sued you somewhere else? Link to comment Share on other sites More sharing options...
WILLY Posted April 25, 2007 Author Report Share Posted April 25, 2007 They may not of known my exact whereabouts, but I have never lived where they said they served me. Not even close or in the same county. I would gather to say that they would be required to show some sort of proof or method on how they obtained this ficitious address. I could claim I had to take off work to answer there service of the award, but no known damages at this time. Any ideas? Link to comment Share on other sites More sharing options...
WILLY Posted April 25, 2007 Author Report Share Posted April 25, 2007 I have also purchased a house which we had to complete in my wife's name due to all the entries on my credit from this TL. There are approximately 3 different TL on my credit from this one account. Providian to Midland to Midland Cred... Link to comment Share on other sites More sharing options...
cjtx Posted April 25, 2007 Report Share Posted April 25, 2007 Read some case law to see how to prove damages.A good starting point is myfaircredit.com. Go to the forums.Last night I was reading about a case where someone sued for denial of credit, but this denial happened before disputing with the CRAs and the OCs/CAs so the damages for credit denial were dismissed. The chain of events is very important to establish cause Link to comment Share on other sites More sharing options...
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