David43 Posted January 7, 2011 Report Share Posted January 7, 2011 About 3 months ago my mother was served a notice of judgement filing for me. The debt was not mine and she informed the individual serving the papers. I had not lived at my parents house in 50 years. I called the attorney and informed him that the debt was not mine and that they had the wrong middle initial. About two weeks ago my mother started receiving calls from Midland again. I called them and once again informed them that the debt was not mine.Today my mother received a judgement notice in the mail and the Circuit Court granted the judgement against the individual with the same name.I am mad enough to file a suit. My mother is 89 years old and does not need this stress when the attorney and Midland have been informed that the debt is not mine. Is there recourse against Midland Funding and/or the attorney? Link to comment Share on other sites More sharing options...
BV80 Posted January 7, 2011 Report Share Posted January 7, 2011 Midland is a notorious junk debt buyer who does not always play within the law. Contact a consumer attorney. He'll be able to tell you if you have a case. Also, check your credit report to see if Midland is reporting the debt. Link to comment Share on other sites More sharing options...
cinnamngrl Posted January 8, 2011 Report Share Posted January 8, 2011 About 3 months ago my mother was served a notice of judgement filing for me. The debt was not mine and she informed the individual serving the papers. I had not lived at my parents house in 50 years. I called the attorney and informed him that the debt was not mine and that they had the wrong middle initial. About two weeks ago my mother started receiving calls from Midland again. I called them and once again informed them that the debt was not mine.Today my mother received a judgement notice in the mail and the Circuit Court granted the judgement against the individual with the same name.I am mad enough to file a suit. My mother is 89 years old and does not need this stress when the attorney and Midland have been informed that the debt is not mine. Is there recourse against Midland Funding and/or the attorney?go to the courthouse and look at this file. Link to comment Share on other sites More sharing options...
Flyingifr Posted January 8, 2011 Report Share Posted January 8, 2011 Your first step would be to attack the Judgment with a Motion to Vacate based on (a) faulty Service of the summons and ( you have meritorious defenses. Present your case in the Motion (that the service was done at an address where you have not lived in decades, that based on the address where you do live the Court in question may not even have jurisdiction and that the underlying claim is either a case of mistaken identity or Identity Theft; that Discovery will allow you to determine which, and that you have counterclaims against the Plaintiff based on FDCPA. Link to comment Share on other sites More sharing options...
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