cmcginnis

Being Sued by Midland Funding - Please help!!

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I was served with a complaint by Midland Funding in Racine, WI and have to respond. I am going to type the letter of complaint to see if someone might could help me respond. I honestly have no idea what account this might be for and am waiting for a credit report, but I have to respond in the next couple of days.

The letter says:

Now comes the plaintiff by the KOHN LAW FIRM S.c., plaintiff's attorneys, and for a cause of action against the defendant(s), alleges as follows:

1. The plaintiff is in the business of purchasing debt, and is the assignee of CITIBANK USA, N.A., the original creditor involved in the credit transaction described below between the original creditor and the defendant.

2. The credit transaction is identified as follows" Acct#XXXXXXXX

3. The defendat(s) defaulted under the terms of said credit transaction(s) by failing to make payments on the said account(s) when due.

4. The last charge or payment to said account occurred withing six years of the date of the filing of this action.

5. The current balance due as of the date of this Complaint, including any and all accrued interest, is $6548.44.

6 the defendant(s) refuse to pay this debt despite due demand having been made by the plaintiff.

7. NOTICE: this is an attempt to collect a debt; any information obtained will be used for that purpose.

Could someone PLEASE help me to respond?? I have not received collection phone calls or anything like that, so I have no idea what it is about. I am freaking out about it. I have been trying to research this.

Thanks so much in advance for your help.

Cynthia

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Is this a letter or a summons? If its a summons it should have a case number and a court date for a pre-trail hearing if none of that is present it may just be a scare tactic to intimidate you in paying. Check with your court to see if there is a lawsuit filed against you if not write a letter seeking validation of this debt certified mail return reciept. make a search in this forum for sending validation letter. If it is a court case usually it starts with a pre-trail don't worry be honest and tell the judge its not yours and tell the lawyer that will aproach you the same thing and that you'll need validation; a signed contract or agreement a copy of the assignment if they're claiming to be the new owners of this debt. Hope that help!

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I was served with a complaint by Midland Funding in Racine, WI and have to respond. I am going to type the letter of complaint to see if someone might could help me respond. I honestly have no idea what account this might be for and am waiting for a credit report, but I have to respond in the next couple of days.

The letter says:

Now comes the plaintiff by the KOHN LAW FIRM S.c., plaintiff's attorneys, and for a cause of action against the defendant(s), alleges as follows:

1. The plaintiff is in the business of purchasing debt, and is the assignee of CITIBANK USA, N.A., the original creditor involved in the credit transaction described below between the original creditor and the defendant.

2. The credit transaction is identified as follows" Acct#XXXXXXXX

3. The defendat(s) defaulted under the terms of said credit transaction(s) by failing to make payments on the said account(s) when due.

4. The last charge or payment to said account occurred withing six years of the date of the filing of this action.

5. The current balance due as of the date of this Complaint, including any and all accrued interest, is $6548.44.

6 the defendant(s) refuse to pay this debt despite due demand having been made by the plaintiff.

7. NOTICE: this is an attempt to collect a debt; any information obtained will be used for that purpose.

Could someone PLEASE help me to respond?? I have not received collection phone calls or anything like that, so I have no idea what it is about. I am freaking out about it. I have been trying to research this.

Thanks so much in advance for your help.

Cynthia

I hope this is not your real name, it's best to remain unkown:)++

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Then you have to show up answer any question honestly but don't give away anything they have the burden of proof on them. You want them to provide you with a signed agreement or application, you want a copy of this assignment that shows they have a legal right to collect from you, then you want to know how they calculated this balance to provide you with a complete payment history showing payments, fees and interest provided because without those then they have nothing also check your states sol to see if this allege debt is past the point of being collectable. I don't know your states rule of civil court procedures, but in my state the first court appearance was what the call a pre-trail hearing at this stage the court is trying to determine if it necessary to go to mediation to try to settle if there's no compromise then it goes to trial. Whatever you do be honest if the debt is not yours thats what you say you tell that to the lawyer and the judge and if they the lawyer insist its your then you as for those things previously stated.

Please remember we here are mostly sharing our experience with you, not legal advice as every situation is different every judge is different and every state could be different in some ways. Do not panick make your brain a sponge and obsorb as much info as you can. Be Bless!

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