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Midland Funding?


spky62
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I am being served a summons tomorrow. Midland Funding is taking me to court. I contacted the attorney when I was first contacted about the debt and said I needed proof of the debt and what credit card company it was regarding. All they would tell me was Midland Funding, LLC. How do I verify the debt? I am really scared and want to get this settled but don't want to pay something I don't owe. Please help!!!

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Are you really being served a summons, or is this part of their scare tactics?

"I contacted the attorney when I was first contacted..."

Did you call them, or did you write to them? Calling does no good. A DV letter should be written. When they first contacted you, was that by phone or mail? They must send you written notice of your FDCPA rights to dispute either in their first communication, or 5 days after if it was a phone call.

If they sent you a letter, I would find that letter, find their address, and send them a DV letter ASAP. I would not wait until you are served. Once you are served, it is too late to send a DV letter. You will have to respond per the court system rules.

DH

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I understand that you are scared and looking for answers but it really isn’t necessary to post the same question multiple times.

You posted the below question in another thred:

I am being served a summons tomorrow. Midland Funding is taking me to court. I contacted the attorney when I was first contacted about the debt and said I needed proof of the debt and what credit card company it was regarding. All they would tell me was Midland Funding, LLC. How do I verify the debt? I am really scared and want to get this settled but don't want to pay something I don't owe. Please help!!!

Which I answered here:

If you are being sued it is too late to request "validation".

You need to file an answer to the complaint within the time limit the court requires' to find out about the debt and other information you'll need to go through the discovery process.

If you don't feel capable of doing that then you need to consult with an attorney or give yourself a crash course in the process so that you can represent yourself...there are lot's of resources on the board here.

I hope the above helps but in any case, there are lot’s of people here willing to help as much as they can.

Good luck.

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Sorry for the double post. Thank you for the advice. I sent the attorneys a debt validation letter. I also picked up the civil summons. They did reveal the original lender as Bank of America. I settled two debts last year with Bank of America and have documentation to prove it. However, the summons does not include the original credit card number. I only know of two Bank of America accounts that I have ever had. Any advice on what I should do next? Thank you so much for your help.

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Sorry for the double post. Thank you for the advice. I sent the attorneys a debt validation letter. I also picked up the civil summons. They did reveal the original lender as Bank of America. I settled two debts last year with Bank of America and have documentation to prove it. However, the summons does not include the original credit card number. I only know of two Bank of America accounts that I have ever had. Any advice on what I should do next? Thank you so much for your help.

What part of "it's too late to request validation" was unclear?

The information you need must be gathered through the Discovery process IAW your state's rules of civil procedure.

And you need to answer the summons by the date specified or you'll loss your case before you get started.

You are either going to have to take a crash course in handling this yourself or you need an attorney....you might even just try calling the plaintiff's attorney and asking for the account number they are suing you for...if it's a debt you've already paid and you can prove you paid it then you might be able to nip this in the bud (as the saying goes).

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Once again I apologize. Another post had advised me to send a letter of validation. I will not bother this forum again.

Thank you.

I'm sorry if I came across too strong...you aren't bothering the forum nor do you have any obligation to take mine or anyone elses' advice.

You need to wade through the whatever advice is given and decide what is best for you.

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