MaxFoncito Posted November 8, 2008 Report Share Posted November 8, 2008 I posted the other day that a Lawyer was suing me in small claims on behalf of Midland.Well, I showed up for my court date today and the lawyer for Midland didn't even bother to show up. Instead, he faxed notice over to the judge that he would be "appearing by verification of account". Basically he sent over a blurry fax from Midland showing a Midland document stating that I owed them for a debt that they purchased from Household Bank.The judge asked me a couple of questions about the account, I told him I had never had an account with Midland and have no knowledge of the Household bank account.He ruled in my favor and dismissed the case w/ prejudice. The judge sent me upstaris to get copies of the file.When I got copies of the file, I noticed that the documents the lawyer faxed over today to the judge showed me owing $750 to Midland. The funny thing is that the summons I was served along with the affidavit from Midland was for $670. Midland had raised the amount by $80 in the month that it took for the case to be heard by the judge. Sure enough, I checked my credit report and they had done the same thing there as well.Isn't this a violation of the FCRA? If it is, it is blatant and I am going to sue them right back for it. I think I have numerous violations of the FCRA to file against them for. What do you guys think? Link to comment Share on other sites More sharing options...
Focus2069 Posted November 8, 2008 Report Share Posted November 8, 2008 At this point, you win. The debt is invalid, and you cannot be sued for it again, unless they appeal (and win the appeal).I would send certified copies of the judges decision to the CRA's, disputing the TL on your report. If they verify, then sue them.lol @ appearance by fax........ Link to comment Share on other sites More sharing options...
ShortBus Posted November 8, 2008 Report Share Posted November 8, 2008 Congrats!Sounds like he was banking on you being a no-show (like 95% of consumers being sued for an alleged debt). I wonder if he billed Midland for his time in court? Link to comment Share on other sites More sharing options...
nascar Posted November 8, 2008 Report Share Posted November 8, 2008 Isn't this a violation of the FCRA? If it is, it is blatant and I am going to sue them right back for it. I think I have numerous violations of the FCRA to file against them for. What do you guys think?Stay away from the FCRA. You likely do have, or will soon, some FDCPA violations and probably some state ones as well. Get yourself a copy of the judgment once it has been entered and wait for them to start screwing up. Link to comment Share on other sites More sharing options...
Denita Posted November 8, 2008 Report Share Posted November 8, 2008 Congratulations on your win!!!Wonder how many attorney's "APPEAR BY FAX"? Link to comment Share on other sites More sharing options...
MaxFoncito Posted November 8, 2008 Author Report Share Posted November 8, 2008 Stay away from the FCRA. You likely do have, or will soon, some FDCPA violations and probably some state ones as well. Get yourself a copy of the judgment once it has been entered and wait for them to start screwing up.How long does it take for the judgment to be entered? Link to comment Share on other sites More sharing options...
Leadhead Posted November 10, 2008 Report Share Posted November 10, 2008 Isn't this a violation of the FCRA? If it is, it is blatant and I am going to sue them right back for it. I think I have numerous violations of the FCRA to file against them for. What do you guys think?It would violated 623(a) but you can't sue for that. You need to dispute it via CMRRR. If it remains, then you can sue Midland for violating 623(, as well as the CRA. Link to comment Share on other sites More sharing options...
admin Posted November 10, 2008 Report Share Posted November 10, 2008 I'd let it go...you got what you wanted. Link to comment Share on other sites More sharing options...
JustaTexan Posted November 10, 2008 Report Share Posted November 10, 2008 I'd let it go...you got what you wanted.I second this. As long as they as they remove themselves from your CR and don't bother you anymore, I would let it go as well. Now if they start giving you crap then by all means go for it! Congrats on your win!!!!! :):) Link to comment Share on other sites More sharing options...
billyray Posted November 10, 2008 Report Share Posted November 10, 2008 Dear Admin. This is my first post here. i have been reading some of the post. i was glad to see that you spoke the truth regarding "validation letter". other reading on the web, other's imply that you will scare all attornys' and debt collectors when you demand this. so far, you are one of the few who show court decisions' stating this is such a small hurdle for the bad guys to get over. i think it is wise to "stay out of ceaser's courts'. so i find your comment to be happy that you got what you wanted, and leave it alone also wise. i am hoping you have found the answer that i am seeking. i have already had my pre-trial conference, the arizona lawyer brought suit against me in arizona,venue is proper, for a debt buyer/collector in duluth georgia on the "theory of account stated". arizona is in the jurisdiction of the 9th circuit. do you have statutes and case law for this jurisdiction to defeat an account stated claim.? thanks for your time. Link to comment Share on other sites More sharing options...
livedebtfree Posted December 10, 2008 Report Share Posted December 10, 2008 I am new to this site but was hoping I could have a few questions answered. My husband was just served by Midland Funding(attorney is Bennett & Deloney) and with help we filed our answer the next day as well as the notice of appearance and certificate of service. In our answer we denied owing Midland the debt and asked for validation of this debt. We do owe this debt to BofA and the SOL has not expired. Obviously we did not know what we were doing but wanted this debt validated. Where do we go from here. If we go to court should we try to settle in court? Please help, I am so confused about all of this. I'm not confused about the underlying message of your post. Nice try. I really was not trying to imply anything by that. I truly do need help and I am sorry I should have read through your rules before asking my question. I am desperate to have an answer and I am not trying to use this site to market that site. I truly got my templates from there. So sorry that I did not know that was wrong Link to comment Share on other sites More sharing options...
momof5 Posted December 10, 2008 Report Share Posted December 10, 2008 Folks,It is much easier to get your question answered when you start your own thread. Link to comment Share on other sites More sharing options...
CreditFixCD Posted December 11, 2008 Report Share Posted December 11, 2008 Congrats MaxFoncito, Lets us know if midland keeps reporting on your CR's. I bet they do. I didn't really win in court, but I got them to drop my case. I don't think they wanted to Judge to rule. They didn't and couldn't validate my debt in court but they still report on my CR's. My attorney says just because they can't prove there case in court doesn't mean they don't have enough to report on your CR's , as long as they show the account is disputed. So now i'm just in a waiting mode; hopeing they will add some more violations. I only have them on 1 and most attorneys don't like to sue on only 1 violation. Link to comment Share on other sites More sharing options...
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