Cookie Posted October 7, 2010 Report Share Posted October 7, 2010 DBF moved to La from MO in Jan of this year, he recieved a summons for Midland where he used to live. I filed for a continuance since he didn't find out about it for almost a full month after it was served. I sent Midlands attorney a letter asking what it was all about and they sent a complete statement history from the OC from open to close and that was it period. I have not been able to get ahold of the OC First Bank of Deleware to obtain a copy of the application, We are still not sure if this was opened by an ex girlfriend he had or not. She id it to him once before and it cost him a bunch of money and not to mention she fouled up his bank account BIG TIME too, but that is taken care of. Anyhow, we are past the RCP in MO BUT I did get those statements from Kramer and Frank. One thing that strikes me weird is Kramer and Frank advied to make the check out to them if he paid it and not to Midland. (Still scratching my head on that one but something aint right there) I am in the process of speaking to an attorney in MO on this but his answers aren't coming fast enough and the court date is fast approaching and I cannot get there to file another continuance. Link to comment Share on other sites More sharing options...
KentWA Posted October 7, 2010 Report Share Posted October 7, 2010 Where was the debt originally created? They may only file in the county you live in or where the debt was created. Midland is highly unlikely to be able to prove where the debt was created. You can motion for a dismissal based on the court lacking personal jurisdiction over you since you do not live there. Filing a full answer in some courts means you are submitting to jurisdiction of the court. Another option is to just file a suit locally against Midland *and* their lawyers for FDCPA violations for filing suit in violation of the venue provision of the FDCPA. Link to comment Share on other sites More sharing options...
Cookie Posted October 7, 2010 Author Report Share Posted October 7, 2010 The account was opened in MOhummmmm tell me more about filing against midland Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 7, 2010 Report Share Posted October 7, 2010 You can motion for a dismissal based on the court lacking personal jurisdiction over you since you do not live there.It would be subject matter jurisdiction fwiw, not personal jurisdiction. Link to comment Share on other sites More sharing options...
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