Stumpedinindiana

Midland Funding ignored debt validation request now served

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Hello,

 

Last August I received a collection letter from Midland Funding LLC.  I sent a letter requesting debt verification a week later.  No reply.  However, I did get a collection letter from Bowman Heintz Boscia (attorneys in Indiana) representing Midland Funding requesting payment.  Again, I sent a letter requesting debt verification.  Never heard a word -no phone call, letters, etc from them.  Then this past Saturday morning I was served for court by Bowman Heintz Boscia on behalf of Midland Funding. The original debt was Chase and on one credit report is was a charge off and another craedit report was listed as transferred sold and the last cred report was listed as purchased by another lender.

 

Both Midland and Bowman did not respond to my requests for debt verification.  I have been reading the forums here, but I'm sort of confusued on what I should be doing within the next 20 days. Any suggestions would be helpful.  I can not afford an attorney (after being unemploiyed for over 3 years I now have a full time job with sort of decent pay). 

 

So how can I fight the attorneys and the JDB in court without spending funds that I don't have??

 

Thanks.

Stumped

 

 

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Hello,

 

Last August I received a collection letter from Midland Funding LLC.  I sent a letter requesting debt verification a week later.  No reply.  However, I did get a collection letter from Bowman Heintz Boscia (attorneys in Indiana) representing Midland Funding requesting payment.  Again, I sent a letter requesting debt verification.  Never heard a word -no phone call, letters, etc from them.  Then this past Saturday morning I was served for court by Bowman Heintz Boscia on behalf of Midland Funding. The original debt was Chase and on one credit report is was a charge off and another craedit report was listed as transferred sold and the last cred report was listed as purchased by another lender.

 

Both Midland and Bowman did not respond to my requests for debt verification.  I have been reading the forums here, but I'm sort of confusued on what I should be doing within the next 20 days. Any suggestions would be helpful.  I can not afford an attorney (after being unemploiyed for over 3 years I now have a full time job with sort of decent pay). 

 

So how can I fight the attorneys and the JDB in court without spending funds that I don't have??

 

Thanks.

Stumped

 

 

You'll definitely want to file an answer. But you shouldn't do this without proper advice from an attorney. Maybe try calling these guys and see if they can help you for free. 

 

http://www.indianalegalservices.org/

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My goodness...actual good advice from the debt fixer.

 

Yes indeed, you must file an answer.  You might look at www.naca.net to see if their is another law firm in your area that will help.  By continuing collection efforts without validating, the CA and JDB have violated the FDCPA.  You may have a good counter suit.

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After reviewing the summons, it is stamped proceedings supplemental to executiion.  It's indicating that I need to provide wages, assets, income profits and other non-exempt property applied to the satisfaction of said judgement. 

 

I'm not sure what is going on here.  However, I have NEVER received any information from either company after I sent a debt verification letter and now it appears I'm in judgement and it needs to be settled?

 

HELP

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The implication is they've already gone to court and received a default judgement.  Call the court (or maybe look it up online) and see if that's true.

 

If so, you may be able to fight it based on the fact that you never received a summons.  Again, check to see if there is a www.naca.net lawyer in your are that will advise you.

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Thanks for all of your advice.  Howeve, I did call the local court house and was informed that the court date was April 19th and that papers were delivered to my home, signed by my husband!

 

Well, during my lunch break today, I called and ask my husband about all this.  He denied it.  About 10 minutes later he called back and told me that yes, he did sign for papers back in January, but he didn't tell me because because I was so sick, then he forgot all about it.

 

I don't think there is anything I can do at this point except show up for the August hearing and try to settle (I have no assets, so they will probably garnish my wages).

 

Any advice would be helpful or if anyone knows of a "good" attorney that will give me some advice about a divorce?

Thanks!

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@Stumpedinindiana

 

I think it's too early to consider divorce.  You have to think about the fact that, according to your husband, you were sick when the summons and complaint was served.  He was actually thinking about you and didn't want to upset you. 

 

While he should have remembered to tell you about the summons when you were feeling better, you must remember that he is male.  If he's like most men, unless a subject  involves sports, food, grilling meat, and/or their own job, it's not going to be remembered unless they attach a post-it note to their forehead.  Even then it won't be remembered unless they look in the mirror and can read backwards. (While they may remove the note from their forehead, there's no guarantee they'd bother to read it.)

 

As Willing suggested, try contacting a NACA attorney.  Explain your situation along with the fact that Midland failed to respond to your DV request.  If there's no NACA attorney in your area, contact your state bar association, and ask for the lawyer referral service.

 

In my state, if I get the name of an attorney from that service, the attorney will provide a consultation at a reduced fee.  Even if you don't hire the attorney, you could get some answers and suggestions.

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Thank you for your suggestions.  However, I did contact an attorney and was basically told that due to the fact that I had missed the court summons, there is absolutely nothing I can do.  Just have to show up at the judgement hearing and hopefully be able to pay them off, instead of garnishment.  Also, the spouse did admit to having all of the papers, etc., and gave them to me yesterday when I got home.  That's love for ya!

 

Thanks to everyone who posted with their suggestions.

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They did what is typically done in Indiana, they served and got a quick default. Happens a lot in this state. Indiana has little recourse to fight a judgment.

 

You could file a motion to reconsider, but that don't usually work in this state. You could file a motion to vacate judgment and explain that even though you were served your hubby forgot to tell you about it. Its a long shot, because the court will hold to the fact that you were served and that is all that matters.

 

You need to go in April, if you do not show up the plaintiff could ask for a body attachment for your arrest. Yes they do it all the time in this state. The court could also issue a bench warrant on its own discretion for failure to appear. Yes, again it happens all the time in Indiana. Make sure you attend this hearing. All that will happen is you will talk to the Plaintiffs attorney and he will ask you about your financial situation and ask how you are going to pay them. There are exemption in Indiana that you need to file so they do not start trying to attach any of your property.

 

They have a judgment so they have a lot of ways to get you to pay.

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