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PLZ HELP!Midland Funding Filed a Claim against my Husband


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In 2013 My husband and I went through some major problems, these problem forced us to separate. Up until this time he had never paid a bill ever. When he moved out he contacted his CC company's and changed the mailing address. After a few months he moved back home but never called and changed the address back, just assumed I picked up where it left off. Fast forward to April 20 2015, he received a Notice of Summons, and I now need to file an answer, I have read alot on here but I am getting overwhelmed, b/c ever situation is slightly different. Neither one of use can recall having knowledge of ever paying "Capital One" we always paid HSBC Bank. We never had Capital One cards, or received a statement from Capital One. And we didn't  receive anything from any Credit Card Company, Midland Credit Management or Midland Funding at our current home address after 4/2013, it wasn't until I pulled his credit in April 2015 that we started to receive debt collection. Since the summons we continue to receive letters from Hanna & Associates trying to settle what they filed judgment on. Here are the answers to the questions I have found around the forum

1. Who is the named plaintiff in the suit? Midland Funding LLC, Assignee of Capital One Bank (USA), N.A.

2. What is the name of the law firm handling the suit? Frederick J. Hanna & Assoc

3. How much are you being sued for? $1690.30 plus court cost $98.00


4. Who is the original creditor? On complaint it reads “Original Creditor identified as credit card account number ************3838

5. How do you know you are being sued? Served by County Sheriff

6. How were you served? Notice on door, then had to go to Sheriff Office

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing

9. What state and county do you live in? Bartow GA

10. When is the last time you paid on this account? July 2013 to HSBC Bank (not Capital One)

11. What is the SOL on the debt? Don’t know

12. What is the status of your case? Claim filed asking for judgment

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No Never received anything to begin with

15. How long do you have to respond to the suit? 30 days (4/20/15). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Claims (1) Claims current address (2) Indebted to Plaintiff in the amount of $1690.30 as principal. (3) Entered into Credit card agreement w/Original Creditor identified as c.c accnt #. Defendant rcvd & used the CC at issue in this action.(4) Breached the CC agreement by failing to pay (5) All rights & title to Defendants CC agreement were legally assigned to Plaintiff in writing.(6) Defendant is liable to Plaintiff for the amount.(7) Despite demand by Plaintiff, defendant failed to pay amnt due on CC Account. I did not receive any questions, only summons, complaint, proof they verified not on active duty, & couple exhibits.

16. What evidence did they send with the summons? Exhibits A-D, (A) copy of a pre legal reminder, supposedly sent By Midland Credit Management, dated 10/17/2014 (B) Forward Flow(although it actually reads “Redacted”) Receivable Sale Agreement, Bill of Sale from Capital One to Midland Funding LLC  © a generic untitled paper that has 2 columns, “field” & “field data”  containing basic information (name, address, phone#, open date, blk date, LPA, LPD, sale amount & CH! DOB is completely marked out, acctnum has last 4 of an acct #. Bottom of the page reads “ Date printed by Midland Credit Management, Inc. from electronic records provided by Capital One Bank, (USA), NTL ASSOCIATION PURSUANT TO THE BILL OF SALE/ASSIGNMENT OF ACCOUNT TRANSFERRED ON OR ABOUT 2/13/14 IN CONNECTION WITH THE SALE OF ACCOUNT FROM CAPITAL ONE BANK TO MIDLAND FUNDING, LLC (D) An Affidavit from Legal Specialist for MCM, testifying on the method by which MCM creates and maintains it’s business records. (Not how Midland creates or maintains, but MCM, and Midland claims to have no employees, so I’m not sure how this evidence is justifiable.) 

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First thing:  HSBC sold all their credit card accounts to Capital One that is why they are saying it is a Cap1 account, and yes they can sue for it.  The SOL in GA is 6 years so they have filed timely and an SOL defense is not available.  

 

Next:  Fred Hanna is a bottom feeder.  DO NOT pay him.  Go to www.naca.net and find a consumer lawyer.  He violates the law repeatedly and has at least 2 federal lawsuits pending against him.  Most attorneys will do the first consult for free.  If you stand up to Hanna he typically caves.

 

File a simple answer with the court.  Magistrate Court has a preprinted form where you can check off you deny the claim and will defend  There is no discovery or interrogatories in Magistrate Court so you need not worry about that.  Once you file an answer consult a lawyer.  They can at least advise you how to tangle with old Freddie.

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Thanks, we tried contacting HSBC bank (in Nov 2013) when we reconciled our marriage, to make some payment arrangements, however we could never get past the automated screening, it just kept telling my husband the account # entered was invalid, after much frustration he hung up, & time progressed. We had so many things behind during that time, this one kinda slipped through the cracks. Never heard anything from Capital One( And if asked for a statement I can almost guarantee it would have my husbands former apartment (where he lived for 6 months) ) no warning, demand for payment, not even a debt collection notice from Midland Funding. Frustrating that we wanted to make it right with the credit card company that forward us the money, not these guys who just wave a Summons and embarrass us by sending police out to our home,   

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