DV...Is one CC Statement enough?

[needhlpr]

I received a letter from a local Attorney on behalf of Midland Funding that they were demanding payment from me for an unpaid debt. They have filed a suit with the clerk of courts but nothing else has been done. The clerk told me they tried to serve me, but the summons came back. I responded to their letter with a DV letter. I asked for the agreement Midland funding has with Bank of America (the OC) to collect the debt, the agreement that bears my signature saying I owe the debt and a complete payment history of the account to prove their amount was correct.

What I received back in the mail from the Attorney was 1 bank statement, a statement from Midland Funding and a document labeled "Exhibit C" from another contract that is suppose to be proof that Midland Funding purchased the acct. My name or account number isn't anywhere on the document and seems to be an add on to something, I am not sure. I can post exactly what it says if needed.

My questions are these:

1) What do I do next, if I did not get all of the information I was requesting in the DV letter?

2) Doesn't the purchase agreement between BOA and Midland for a bad debt have to have my name on it somewhere?

Also- another interesting fact: they have included a Statement from Midland Funding that bears my name, but an address in another city that I have never lived at. Also the original account number on that document does not match up with the account number from the other statement they sent me. Should I be concerned about this?

Please help!!!

Edited October 12, 2010 by needhlpr

[vballchick]

When you DV, they are only required to obtain information from the creditor. They just need to name the creditor and the amount that is owed. Not much info is required.

If they say they have a summons that came back, look online, call or go down to the court and get a copy. If may even be free since you are a party to. You want to make sure you answer if they are showing you were served or they obtained alternative service.

If you do not answer and they say or show you've been served, it will become an automatic DJ.

[KentWA]

One tactic I would take is use that statement they provided as ammunition against them. Motion for dismissal based on wrong defendant, Midland has been gotten a few times for identifying the wrong defendant before. You will need to document where you lived at the time of the statement they provided and swear that you never lived at the address they provided. Most likely they will come up with a "Corrected" statement. Then you can nail them for manufacturing evidence.

Since they have not properly served you I would get a copy of the file from the clerk and go ahead and answer, this will prevent them from pulling something funny like claim they have served you and proceeding.

Edited October 12, 2010 by KentWA

[needhlpr]

One tactic I would take is use that statement they provided as ammunition against them. Motion for dismissal based on wrong defendant, Midland has been gotten a few times for identifying the wrong defendant before. You will need to document where you lived at the time of the statement they provided and swear that you never lived at the address they provided. Most likely they will come up with a "Corrected" statement. Then you can nail them for manufacturing evidence.

Since they have not properly served you I would get a copy of the file from the clerk and go ahead and answer, this will prevent them from pulling something funny like claim they have served you and proceeding.

Thanks for the advice, I am wondering if I should write back to the lawyer and point out the issue stating it may not be me, or just submit a letter to the court stating I received information that was incomplete and incorrect.

After further review of my credit report, this other person and their many addresses are listed on my credit report a lot! This has gotten deep and I know it takes awhile to fix credit report errors...I am at a loss now as I only have a few days left to respond to the attorneys letter.

BTW- I did respond to the court a while ago telling them I was requesting DV from Midland. Now after they sent me 1 statement ball is in my court.

[tigra]

I would not recommend you sending anything to the lawyer. You do not want to point out their mistakes to them, so they can fix it early in the game. Use it against them as the case proceeds.