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Midland Funding Affidavit Question


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Hi all,

I live in Georgia, and am being sued by Midland Funding LLC. The affidavit was written and signed by a lady who works for Midland Credit Management, a totally 

separate company from Midland Funding LLC. In the affidavit, she states in item 1 that I entered into an agreement with Barclays and failed to pay. However, the 

supposed contract attached to the affidavit has a date in the upper right corner, which is 8 months BEFORE I supposedly entered into the agreement.

Also, the individual who signed the affidavit, claims I entered into the agreement in October of 2011. After careful research, I found that the individual signing the 

affidavit was still in college at that time, so how would she know this beyond a reasonable doubt?

 

Also, they attached copies of credit card statements, the earliest of which was February of 2012. On this statement, there were no transaction of any type. Yet the balance 

showed $1900. They did not have any statements showing how they came to the $1900 figure. 

 

My question is, in Georgia (or other states), should I file a counter affidavit against their submitted affidavit? Or should I just wait for trial day and attack it then?

Hope all of you are doing well. Thanks so much.

 

Nick

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20 hours ago, Rambo35 said:

I live in Georgia, and am being sued by Midland Funding LLC. The affidavit was written and signed by a lady who works for Midland Credit Management, a totally separate company from Midland Funding LLC.

Separate companies but owned by the same parent company:  Encore.

20 hours ago, Rambo35 said:

In the affidavit, she states in item 1 that I entered into an agreement with Barclays and failed to pay. However, the supposed contract attached to the affidavit has a date in the upper right corner, which is 8 months BEFORE I supposedly entered into the agreement.

Make a copy and highlight that because it is a great fact to use as a defense that their documents are flawed, hearsay, and the person who signed the affidavit did not review and or is not qualified to authenticate those documents.

20 hours ago, Rambo35 said:

Also, the individual who signed the affidavit, claims I entered into the agreement in October of 2011. After careful research, I found that the individual signing the affidavit was still in college at that time, so how would she know this beyond a reasonable doubt?

It doesn't matter if she was still in college when you allegedly opened the account.  What matters is whether or not she is qualified to do her job NOW and actually did it accurately or basically robo-signed an affidavit swearing to the accuracy and authenticity of the documents without ever reviewing a page of them.

20 hours ago, Rambo35 said:

They did not have any statements showing how they came to the $1900 figure. 

They are only required to prove that if you make it an issue at trial AND the court agrees and compels them to do so.  They are not required to provide that information to file suit in GA Magistrate Court.

20 hours ago, Rambo35 said:

My question is, in Georgia (or other states), should I file a counter affidavit against their submitted affidavit? Or should I just wait for trial day and attack it then?

I would attack it at trial.  Magistrate Court does not allow Discovery and filing documents in advance are a waste of time because they simply go in the file and no one sees them until the day of trial.  I would not want to tip my hand that I was going to attack that affidavit lest the simply amend it and refile it citing clerical error.  

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7 minutes ago, 1stStep said:

If the affiant has a LinkedIn profile, use their job history against them...especially because we all know they have never worked for Barclays.

 

 

Unfortunately, that  information would, more than likely, be considered inadmissible hearsay.   

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Hi @Rambo35  ,   read this post below from Ms. Admin and then copy the list of questions in that post along with your answers back into this thread so everyone can try to help.  Winning against these debt collectors in GA can be done and you will not have to hire a private investigator.  If you can scan the documents they served you with (and black out all your personal info and case number) that would be great also.   

 

 

 

 

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1. Who is the named plaintiff in the suit?     Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cooling and Winter

3. How much are you being sued for? $2,500

4. Who is the original creditor? (if not the Plaintiff) Barclays

5. How do you know you are being sued? (You were served, right?) Served by officer

6. How were you served? (Mail, In person, Notice on door) In person

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  None

9. What state and county do you live in? Georgia, Hall County 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)Unable to recall any payments 

11. What is the SOL on the debt? To find out:  Not sure - 6 years? 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Pending 

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.

15. How long do you have to respond to the suit? (This should be in your paperwork). 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? 30 days, already responded 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 

A credit card agreement, dated more than 12 months BEFORE I allegedly entered into an agreement with Barclays. Affidavit also from an employee of MCM (Midland Credit Management). Numerous credit card statement copies, when each transaction is added up, totals only $235.98. Yet they're suing for $2500. 

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