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I found a judgment filed against me from Midland Funding LLC...

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I reside in Oklahoma. I believe that a Civil Judgment has been filed against me. In our state you can go online and in doing so I found my name with a civil judgment filed against me in August of 2009. Midland is the listed Plaintiff and I am not 100% sure if this is an old Providian card I had back many years ago but this is the only debt I ever had that I disputed and never paid. When Providian closed down they closed my account (even though I had never been late on a payment) and sent me to Emerge. I paid them diligently for years on a small $1000.00 balance that is probably three times as large today - and has to be over $2K because it was filed in civil rather than small claims court.

As for this debt, I worked a few settlements out with the collectors that harrassed me and made the first payments only to never receive our agreement in writing and then the next collector would apologize and do the same thing to me. Exhausted, I disputed and wrote and faxed Emerge in October 2006 and told them that the payment I made them in October was the last payment they would receive from me, period because they never kept their word! (I have the copy that I faxed to them.) On my November 2006 Statement it FINALLY reflects that October payment and they record that posting date as November 6, 2006. They sent several more statements after that until April 27th, 2007 which was my last correspondence from them. Later sometime Midland Credit Management sent me a letter collecting on the bill and I disputed the debt by faxing them the letter to their attention and then never heard a word from them - not even an answer to my dispute. The reason I remember Midland is because I worked in the debt collection for years myself back in the 1990's and knew the process.

Now the Attorneys that have filed a judgment have NEVER sent me ONE SINGLE PIECE OF MAIL. NEVER. Not a hello letter to dispute the debt and allowing me thirty days to validate and no attempts to collect a single penny from them! NOTHING! It looks as if they filed against me the first week in August of 2009 and it doesn't show ANY progress or attempts. Nothing shows a process server has even attempted to serve me. Only the filing date and the fees from the courts are showing on the docket piece.

Since in Oklahoma this Mastercard could be used all over and not in just one specific place, the statute of limitations is 3 years because the revolving debt/written contract... at least I use to know this to be the law... yesterday was 3 years on this debt from their record of receiving the last payment from me, correct? If so, the statute of limitations have expired on their right to excercise legal collection efforts, correct?

So, if in fact this is still true, what do I do from here? Do I contact both Midland and the Attorneys and tell them to Cease and Desist and that I have never been notified by the Attorneys of the debt they are attempting to collect and I was never given 30-days to dispute or validate the debt before they filed a legal instrument against me, violating one of the FDCPA statutes in itself, I know.

I worry they will attempt to consider me "served" from a default or something. OR because they filed within the three year statute of limitations that they can still serve me next week legally and I will have to fight them with an attorney, which I would rather not.

As for where I am living... I have now lived in the same house, which should be considered the last known address for going on six years now... I am not hiding from anyone. I just want to stop this before it goes any further and to prevent me from having to stop things so I don't have to try and "undue" them later legally.

Also, how long do they have to successfully serve me before they have to refile the civil judgment?

Any help or advice is greatly appreciated.

Edited by c0c0belle
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If you have not been served and there is no record of service yet you really don't have to worry. You should check and make sure that is the case. If and when it is served you could immediately move for a dismissal based on SOL. Marshalls are very busy these days. There is a backlog of CC lawsuits... It took them two months to serve me in GA.

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"I was never given 30-days to dispute or validate the debt before they filed a legal instrument against me, violating one of the FDCPA statutes in itself, I know."

is this really a violation of the FDCPA? i wqas served a summons without anyone contacting me prior to let me validate me debt either.. i sent teh DV letter after i recieved the summons.. are you sure this is a violation of the FDCPA?


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