borob06 Posted September 30, 2010 Report Share Posted September 30, 2010 Hello, I recieved a summons for arbitration from Midland Funding around 6 weeks ago. The person that delivered it come on to my property which has no traspassing signs everywhere. She banged on my door and rang the doorbell several times ( 8:30am) I was at work. She scared my wife and kids to death. She called the house and left a message for me to return her call. My wife called her back later that afternoon and the lady told her what she was there for and who she was representing. I called her back the next day so that she had my cell #. She showed up again the next Saturday( again, I was at work) She ended up calling me on my cell and got a description on me then just left it on my porch. Don't they have to hand deliver it to a person? I filed the answer to the summons around 2-3 weeks later with the court and mailed (cert mail ) to the collector/attorney. I let them know of the way it was delivered, and that the statute of limitation has already ran out. Plus sent them a copy of my credit report showing that the DLA was from 2004. They are trying to say that I made payments in 06/2007. ( I also brought this up in my answer to them and that if they pursue with this I would counter sue for someone posting payments to a alledged account trying to start the SOL back up. Well it's been about 3 weeks from then and I got a letter in the mail today from them claiming for a return call within 10 days for a "manditory mediation". Seems to me that they are trying to get out of the arbitration and trying to mediate instead. Am I right in guessing this or should I answer this as part on the summons for Arbitration. They listed 3 peoples names on the letter as mediators. I thought I would call them and tell them that I was sending a sease and desist and if they are going to sue me that I would see them in court with a list of all the FDCPA violations they have against them and all the proof of the statute of limitations being expired. ( 3 years in SC) Thanks Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 30, 2010 Report Share Posted September 30, 2010 Don't they have to hand deliver it to a person? Nope.I thought I would call them and tell them that I was sending a sease and desist and if they are going to sue me that I would see them in court Cease and desist would do nothing now you have already been sued and you are already in Court.I'm going to be blunt with you, seek an attorney immediately - you really do not have any idea about what is going on and the amount of help you need is probably beyond what people can offer on this forum because it appears your experience with lawsuits is extremely limited (I'm guessing this is your first one?). Link to comment Share on other sites More sharing options...
borob06 Posted September 30, 2010 Author Report Share Posted September 30, 2010 you're right, this is the first time I have ever gone thru this. I have tried to contact attorneys in the area but I can't find one that handles anything to do with debt collectors. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 30, 2010 Report Share Posted September 30, 2010 go to naca.net and you can do a state search for consumer attorneys located in south carolina. I'd give some people on there a call first. Link to comment Share on other sites More sharing options...
borob06 Posted September 30, 2010 Author Report Share Posted September 30, 2010 I'll try that tomorrow. There is only one within 50 miles of me. I hope he will be able to help. Thanks Link to comment Share on other sites More sharing options...
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