qbert

Midland acquired Asset case mid-litigation (in Cali, in 2014). DV or other strategy??

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As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter:

 

-they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'Sale of Debt after 1/1/14' and subject to California's new Fair Debt Buying Practices Act? Doesn't sound like it but I'm open to all remedies.

 

-they requested that if i had filed an answer with the court that i should forward them to midland - I imagine I'm not obligated and its their problem to acquire any documents filed with the court that have been properly served to Asset?

 

-back of letter has standard dunning 'Unless you noitify MCM within 30 days after receiving this notice that you dispute the validity of the debt, MCM will assume this debt to be valid. If you notify MCM, in writing....that the debt is disputed, MCM will obtain verification of debt or copy of judgement and mail you a copy - I know i normally wouldn't DV in an active lawsuit, but am i affording myself any extra options by doing it here?

 

thanks

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I'm really not sure that MCM can continue a case started by Asset. Change of counsel is one thing, that's allowed. Change of ownership, I'm not so sure about that. It's certainly not your responsibility to send any documents to their new counsel. I also don't think DV'ing them does anything for you if they're allowed to continue the existing lawsuit.

 

Edit: although it may be worth DVing them just to throw a wrench into the works

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I'm really not sure that MCM can continue a case started by Asset. Change of counsel is one thing, that's allowed. Change of ownership, I'm not so sure about that.

 

If Midland bought Asset they can continue the litigation because they are the same entity now.  If Midland had simply bought a portfolio of debts from Asset then no, they could not assume the Plaintiff's role.

 

I'm not so sure about that. It's certainly not your responsibility to send any documents to their new counsel.

 

Copies of prior documents:  nope.  Copies of new material regarding the case:  yes.  

 

If it were me I would send them a letter stating I received their correspondence regarding any documents related to the pending litigation.  All future filings will be sent to the attorney of record as soon as I receive a substitution of counsel notification.  All documents are in the case file and if copies are needed may be obtained from the court.  If the Plaintiff wishes for the defendant to provide duplicates there is a $1.50 per page copying fee.

 

Why should I spend money because they don't want to pay the court?

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Copies of prior documents:  nope.  Copies of new material regarding the case:  yes.  

 

That's a good clarification. I overlooked that point in my post.

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