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Midland Funding - help

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In March 2010 my husband was served for non-payment of a check (line-of credit) from HSBC in the amount of $5000.12. Midland fundings laywers, Cohen and Slamowitz were sending the summons. The check was dated March 2004 and had an endorsement on the back with my husbands name and alot of numbers. My husband denies any knowledge of this check. We hired a laywer to send a verified answer denying all claims and a counterclaim asking for lawyers fees and court costs. It must be identity theft.

Just rec'd from our lawyer a letter stating that the lawyers for Midland were characterizing our defense as a claim of identity theft. It had discontinued prosecution of the action and requests that my husband complete the enclosed Certification of ID theft and return it to them with copies of S.S. #, drivers license and proof of residency in 2004 and copies of police reports.

There are no police reports - didn't know about this till almost 6 years later.

Also - no mention of our counterclaim.

Our lawyer said if my husband does not complete forms and send copies of everything requested - Midland will prosecute him. Meanwhile, our lawyers fees keep getting bigger and bigger.

Another opinion would be appreciated - We really don't want to give this company all this info. Nothing else has happened to my husband as far as identity theft - why can't midland funding trace the numbers on the back of this check to catch whoever cashed this check and not make it so that we go into debt trying to prove my husbands innocence?

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