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Midland Lawyers are mailing pleadings to wrong address


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Couple of weeks ago a posted about my cousin getting sued and Midland serving at his mom's address where he hasn't lived in over 25 years. The tenants (mom's house has been rented since 08) sent the process server to my cousins house and his wife accepted service.

He responded to the complaint and included his correct address.

He called me this morning to say the tenants brought him some mail that they got on Saturday and it turns out its from the Midland Lawyer. He said its a thick envelope and I told him not to open it yet. I am assuming it is discovery - we can check the clerks website next week. He does not receive anyother mail at his mom's address. He hasn't used his mom's address since he left for college.

I am of the mind set he should return it to the tenants and have them send it back "not at this address". I mean really, they are suing somebody for a credit card debt that they bought and they don't even have the correct address. The credit card they are suing for sent their statements to his address and his address is on his answers/defenses. This leads me to believe they do not have any documentation of the debt or they would have his correct address. The process server documented his address also. Heck they could have gotten his address online from public records.

Any thoughts on the "return to sender" idea or anyother suggestions are welcome.

As always, thanks

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Unfortunately my cousin is freaking out. Have him on another computer checking out the forum so he understands what the deal is. Maybe it will calm him down. If I need help I will definitely be back!

Thanks for the advice on this one. :mrgreen:

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  • 4 weeks later...

Well, Midland has filed a pleading requesting mediation. I assisted my cousin in responding to the complaint, filing an affidavit as to the wrong address, answering the discovery and sending off his own. They still have a few days to respond to his discovery requests but in the mean time they want mediation.

I have never participated in mediation and I want to make sure that my understanding is correct on the matter - which would be that if ordered he is required to attend but does not have to agree to anything.

Thus far Midland has nothing, they are the second JDB to own the debt, they did not properly notify him pursuant to F.S. 559.715 as it applies to the assignment of debt (they mailed it to the wrong address and that is the letter they attached to the complaint), he is just waiting on their response to discovery.

Also can he object to mediation and then file a MSJ if their discovery responses prove nothing?

As always, thanks

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I would file counter motions and ask for sanctions.

Wha-de-ya think, fellow blogger mouths?

BTW, why is it I see so little on filing counter motions to obvious incompetent

JDB's and CA's? Counter motions really put these folks in the hot seat.

I see the courts now asking for "proof" even prior to granting SJ's. These judges are getting smart against the outfits flooding their courts with worthless paper and hitting collectors with sanctions.

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What state is this in? I think I am correct in saying that mediation is part of the small claims process in FL and as such cant be objected to. Of course I could also be misreading the whole thread I just got an RX for new pain meds :lol:

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Thanks all for the input. He is in Florida and it is not small claims court. Their discovery to him was the typical "we have no case so provide it for us." Their 35 days to respond to his discovery requests expires on the 23rd.

He will object to the mediation as premature as the discovery process is still on going. It will either fly or it won't.

Edited by delta1
typo
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