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Fight these guys all the way , they have to prove up!

 

FYI: I had two law suits from Midland, 5000.00 and 7000.00. I was never even served. I found I was sued on courts website

(I'm in California, San Bernardino).

I sent them DV letters and advised them I am on S.S. Disability. So months later they sent me Hard Ship paperwork.

I sent them my proof of Disability payments. To my surprise they Dismissed the two suits.

 

On your suit it reads; "Plaintiffs Efforts to resolve the Underlying Obligations" #5, #6.

 

I don't know if this could apply to you, but I thought I would just toss it out here as it may help you or someone else.

 

Stay strong, hang in there, you can do it!!

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  • 1 month later...

I just saw this, but I was also served a complaint today by Midland, but unlike this guy, the account went through more than just three people.

Mine is showing 2600$ originally from capital one then sold to Atlantic Credit and Finance Special Finance Unit III, LLC   THEN sold to Atlantic Credit and Finance Special Finance Unit, LLC THEN sold to Asset Acceptance LLC and THEN sold to Midland. 

In the case/complaint I was served, All of them have Affidavit of Sale of Account By Debt  Seller which are notarized, AND a certificate of conformity, all EXCEPT midland. Midland ONLY has an attached bill of sale, not notarized and no Affidavit of Sale of Account by Debt Seller from Asset to Midland.

The only thing attached other than a basic info sheet, with my maiden name, my mothers address where I never lived, old phone numbers I haven't had in years (one upwards to 7 years), was a statement from 2013 showing a late fee charge sent to a house that was demolished in 2011 and a page of interest rates to charges made in 2009.


If I fight this, as I do not believe I owe this debt (and I'm a single mother to a disabled child (disabled diagnosis via government) and barely have any money as it is), will they have to get all of the chain of evidence from ALL of the places that purchased it?


The only problem that I could see having is that I do pay a debt that I do agree I owe to them that they had purchased, but again, I agree I owe that seperate debt, I just don't owe this one, and even when I set up payment plans, I explained that I can pay very little as I can't work and stay at home with my disabled daughter.

I'm assuming that it's not possible to claim hardship on the case without claiming hardship on the debt I'm paying with them right now, could I go ahead and claim hardship on the debt I'm currently paying off with them? My daughter is on SSI (established due to disability not income) and the only other form of money I recieve is child support from my daughters father, I'm on food stamps and state insurance. I've made no taxable income within the last year, and I was only able to hold a job for a couple of weeks before I had to quit it due to time constraints and my daughter needing proper care. My father pays for my apartment and bills. The last pay check I had access to, other than my one week long job, was my exhusbands paycheck in dec 2013. I have had no taxable income since then.

I don't have the time for a court fight, I have no one that can watch my daughter on weekdays unless this stalls out til school starts. I don't have money for case filing or to settle. The stress of doing things normally is stressful enough, this is just a bit much.

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https://www.midlandcreditonline.com/who-is-mcm/our-pledge/

@ash1101, after this post, start your own thread if you need to. Call midland, and call attorney for current case. Tell them you qualify for the hardship case according to their consumer bill of rights, link is above. Ask them what paperwork do they need from you to show this fact.

Don't admit the debts as yours, you can say I do not recognize them, but at any rate I couldn't pay them even if they were mine. Don't sign anything that says they are yours unless they put it in writing they are forgiven and will never try to collect on them. Good luck.

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Whatever you do, do not make a payment to them as it will extend/reset the SOL. Never give them your banking info or pay from your personnel check account. Stay off the phone with them, do any contact by usmail CMRRR. Do inform them that you are collection proof and that any attempt to collect will only cost them money to fight it and still not get anything. Get on here and read on how to defend yourself, don't be afraid if them as they will try to use scare tactics. Good luck.

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