Jenniferinneed

Midland funding shocking!

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Back in 2-11 I was served noticed of being sued by Midland for an alleged CC debt, of which I disputed, using the guidance here ( post is here somewhere ) I sent my own discovery requests, filed at the court and with Midland ( certified receipt ) and was never responded to.

I was sent discovery BY them and interrogatories, answered to them upon request in timely manner and still no response to my own requests.

6 months of this hoopla...

I was served with a copy of Midlands MSJ and I timely filed my own motions to dismiss, strike false affidavit ( that same one they have been sued for in other states ) the State here in question is Florida, and there was a hearing at the court. Just prior to HEARING, Midland sends some info? ( My discovery request? ) MONTHS LATER? Problem is it was filings and receipts of debt ( minimal info for whoever that person is ( totally different person then me, different name, different address and they provided this to the court and filed it there too, but it was not ME, I am not talking close name, I mean a whole different person obviously.) I bring this to the hearing.....ALSO

Midland Funding does not show up in court telephonically, so judge calls while we sit there and Midland says, " oh we canceled the hearing "

That was it, nothing else. The Judge says nothing about my cross motions to dismiss, says they should have given proper notice to cancel hearing, but nothing else at all, so I leave.

Get home same day and in the mail is Midlands cancelation of hearing, they cancel a DAY BEFORE, but no notice comes to the court or to my house until the DAY of hearing, hello, thats not proper notice.

FAST FORWARD. Hearing was in MID AUGUST. OVER 3.5 months pass, no word at all from court or Midland. I get a NEW set of discovery and interogatorries from them in mail, copies of same they sent to court and a few papers that have credit card numbers and account blacked off with my name and address, I assume this is now the proof they want to show court I owe this debt? They even had some blacked out info on a couple payments ( electronic payments suppeosdely made to this CC account.

Then in these same lists of papers ( proof they have ) there is someone else they are suing info attached, with her Attorneys name and address where they dismissed case...but this is not me...I am so confused as to what is going on here...can they keep doing this stuff, what to do NOW !!!!

I showed up in court for the hearing ( Midland asked for telephonic hearing

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The FL Bar Association should have a lawyer referral service. If you request the name of an attorney in your area, they can provide a name, and that attorney will give you a consultation either for free or for a reduced fee. Some attorneys will provide that consultation over the phone. He/she could tell you exactly what to do. It could be that you would answer their discovery requests, and then file your own MSJ.

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Did the court ever rule on your motions or theirs? You should post this stuff to which you refer so we can see if you made any bad procedural errors.

No. At the hearing where I was physically present in front of the Judge upon their request for the hearing on MSJ, that they were to attend telephonically, and didn't SHOW up by phone and when the JUDGE called them they said, we cancled that, he said he had no record of canceling, nor were WE provided a notice to cancel this hearing, until we got home THE DAY of hearing and there was a mail stating the cancelation, I still have date received, same day of the hearing is not a time to receive a notice and it was filed with clerk the day before, but again not even the Judge or I aware as said Judge called them at the hearing.

He didn't rule on anything at all...he said it was wrong, they should have given proper notice for canceling ( keep in mind, we were not home yet from hearing to get the mail that came that day saying they were canceling, but again, same day mail to cancel a hearing, that we already attended?

Judge said to keep our ears open, they might reschedule, nothing else said for 3.5 months after and then MORE discovery and intergatorries which have already been answered to, when they have never answered a s single request from me ( discovery ) save for what I wrote above, IF that was discovery, and some has been in others peoples names, private info on others court cases and credit info, not in my name obviously, but some a few documents recent that are in my name, but account and credit card number blacked out. According to FL Civil rules, that does not provide billing statements and other as was asked in my discovery. The big question is, how long do they have after not giving proper notice to cancel their own hearing ans I show up in good faith, can they continue to flub this was, now 3.5 months later, they request repeat discovery and interogatorries? Is that legal to do twice and what are the rules for not unproper notice to cancel their own hearing, how many shots do they get?

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Call the clerk and calendar your motions for a hearing. Then when they request to appear via telephone, object and specifically cite the previous non-notice of cancellation along with a few other things. Take the offensive and don't wait for to hear anything from the court or opposing counsel.

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You should be the good Samaritan and forward, after you make copies, the info to the other persons atty. Midland just committed third party, unauthorized, disclosure to you about that other person.

Won't really do much for you other than knowing it will be an expensive mistake for Midland.

In the future also don't let this type of stuff sit around. Ask for another hearing to dispose of all pending matters and motions. If you don't get a ruling or a court order then your assumptions, no matter how well reasoned, are not really worth a lot.

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You should be the good Samaritan and forward, after you make copies, the info to the other persons atty. Midland just committed third party, unauthorized, disclosure to you about that other person.

Won't really do much for you other than knowing it will be an expensive mistake for Midland.

In the future also don't let this type of stuff sit around. Ask for another hearing to dispose of all pending matters and motions. If you don't get a ruling or a court order then your assumptions, no matter how well reasoned, are not really worth a lot.

This is the 2nd persons personal information I have received in the midst of documents sent by MIDLAND. The latest has an Attorneys name, and I contacted the Attorney so he is aware, the other person did not have an Attorney, it was all her alleged debt to MCM, and Midland, notices and such, if there was an Attorney listed I would tell them, I did try and contact the [person ] but got no response. The entire bunch at Midland need a severe scolding, their fraudulent affidavits, blacking out account numbers and presenting it as evidence? And so much more. They are careless, and can't keep their documents straight, if we ran business's like this we'd be out of business, how are they still in business? Can I go around and buy fake debts, old debts and such file lawsuits and hope to win on summary judgment if the party doesn't dispute and when tax time rolls around collect on all the SJ I obtained?

OOPS forgot, you need a license for this! OOPS wait, if I acted this way with a license my license would be stripped, when is theirs going to be stripped? CLASS ACTION FOLKS !!!

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Can I go around and buy fake debts, old debts and such file lawsuits and hope to win on summary judgment if the party doesn't dispute.

Unfortuantley, Yes.

It would probably shock you how many people won't dispute, EVEN if they know they don't owe it or have the wrong person. The word court and an official looking letter scare a ton of people into paying debts they don't owe or have any legal obligation to pay (statute of limitations).

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Unfortuantley, Yes.

It would probably shock you how many people won't dispute, EVEN if they know they don't owe it or have the wrong person. The word court and an official looking letter scare a ton of people into paying debts they don't owe or have any legal obligation to pay (statute of limitations).

Shocking indeed. I read about an academic research into this done by a psychology professor. They sent out (to students and faculty of the same school) a fake collection notice with fake non-existent business name, to measure the responses. A small percentage of students sent in a payment. A larger percentage of faculty sent in a payment. The article did indicate all payments were voided on receipt and returned at the conclusion of the study.

Maybe the student percentage is smaller because students have less money and faculty have less time?

I also wonder what a legitimate professor needs to do to be in a safe harbor for such a study. I suppose the faculty of law could help (the school did have one).

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