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Midland Funding LLC Affidavit of Business Records?


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I have my court date set for June 1. Today I receive a certified envelope in the mail containing an affidavit relating to damages and business records as well as a credit card statement, bill of sale with things blacked out, something that says "Exhibit LA AFFIDAVIT OF CREDIT ONE BANK", certificate of conformity, Bill of sale, EXHIBIT F AFFIDAVIT OF SALE, and another affidavit of sale. I'm not really sure what to make of all this. Everything was already sent over to me when the lawsuit was delivered except for the AFFIDAVIT RELATING TO DAMAGES AND BUSINESS RECORDS. According to this someone named Kenneth Sell is certifying that my debt is accurate and is properly owned by Midland Funding LLC. 

 

Can anyone direct me where I should go from here?

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If Kenneth Sell is an employee of Midland, I'd object to that affidavit as being hearsay because how can he certify that business records from another company are accurate when he didn't work there, and probably isn't familiar with the original creditor's system of record-keeping and how they check for accuracy, how payments are credited, etc.

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This is for this case? http://www.creditinfocenter.com/community/topic/327691-being-sued-by-midland-funding-llc-in-texas/

If you want to attach the documents with personal info blocked out, someone here can help review what they have. Is your account on any of those bills of sale, what do the statements show, any charges or use of account? See the Midland consent order and compare what they have with what they're required to have- Page 34 on:

 

http://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf

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On 5/25/2016 at 4:41 PM, jesssheka said:

I have my court date set for June 1. Today I receive a certified envelope in the mail containing an affidavit relating to damages and business records as well as a credit card statement, bill of sale with things blacked out, something that says "Exhibit LA AFFIDAVIT OF CREDIT ONE BANK", certificate of conformity, Bill of sale, EXHIBIT F AFFIDAVIT OF SALE, and another affidavit of sale. I'm not really sure what to make of all this. Everything was already sent over to me when the lawsuit was delivered except for the AFFIDAVIT RELATING TO DAMAGES AND BUSINESS RECORDS. According to this someone named Kenneth Sell is certifying that my debt is accurate and is properly owned by Midland Funding LLC. 

 

Can anyone direct me where I should go from here?

Did you request discovery from Midland?

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28 minutes ago, jesssheka said:

I did not request discovery. 

It appears that the lawsuit is in the justice court which seems to be like magistrate court in other states.   In some magistrate courts, parties do not have to disclose evidence before a hearing.

Since you didn't request discovery, and unless your rules require disclosure before trial, they may not have had to provide the information before now.

Hopefully, @texasrocker will pop in and clarify.

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Sorry about that. I wasn't sure since I have two different lawsuits I've just been served with from two different debt buyers. The paperwork I received from the court just states the hearing date and time. It doesn't say what it is for exactly. 

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