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Suit Against Me From Midland!


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I am being sued by Midland through Blatt, hasenmiller, leibsker & moore law firm... i have been served and already filed an answer in which I deny any and all Debt! I wanted to know if I can file a sworn denial since on their summons and complaint they filed an affidavit from an employee from Midland saying that she personally knew my account and had knowledge and all that bologna! Someone told me that the sworn denial will make them bring the person to witness in person, am i correct? can I still file that "sworn denial"?

ANY help would be reallllly appreciated! Thank you.:confused::|

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Yes do a sworn complaint aff, and also do a Notice order to the court to close the case file. That this company is committing fraud that you have never had an acct with them at all and you have never spoken or heard of this person.

Also counterclaim against them for violations of all federal laws, make sure that they have the proper bonds and lic that your state requires, this is automatic dismissal of they dont...

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Anyone receiving court papers with affidavits by an agent of the company are false, bogus, full of hearsay and perjury. Making claims to have knowledge on accounts by stating she has care, custody and control of all records concerning account of _______ is a false statement and bring it to the courts attention

She's employed by the agency - they acquired the account after charge off. Her statements are hearsay and blatantly false, yet they plead as true in court filings. This is just another example of lying and using the courts to extort money from consumers. State they should face criminal prosecution for lying on court papers.

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Although in an ideal world, the former posters' approach would work, as a practical matter submitting an answer to the complaint is the first order of business. A sworn denial makes sense, and if they didn't submit anything except the affidavit, then use the affirmative defense that they haven't submitted enough facts to justify their cause of action.

IF you decide to take the former posters' advice and sue them based on federal law, then you will have to remove the case to federal court. Otherwise, you get them on violating your state laws in some way. Try not to use the law as a tool of vindication because your anger may get the best of you.

Although I find it morally repugnant that these JDB's are suing folks, one has to consider practicality of litigation etc. You can get the case dismissed before it even goes to trial or case managment if you file the appropriate pre trial motions. You might even do a motion to dismiss consistent with your states's laws of civil procedure, after you submit your answer.

Best Wishes.

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