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am41

OPEN CASE MIDLAND FUNDING -FLORIDA

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Hello everyone,

I discovered I had an open case with midland funding (Florida) by a family member alerting me of 'someone asking for me' where I used to live.

Long story short :

- Have fallen back on payments due to illness and have proof of surgery earlier this year

- No personal job, wages, assets that can be garnished

- I do not currently live in Florida


Credit bureau shows account opened on : 
Date opened: 11. 30. 2015
Reported : 6. 15 .2017

amount: 8000

- Advice thus far: contact  by phone /mail and let them know of hardship w/proof? while also denying/asking for proof of debt?

 I want to let them know I am now aware of this bill and prepared for a resolution.

 

 

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I would contact a consumer attorney, and sue them for violating the FDCPA (suing you where you do not live).

Have they actually served you?  It sounds like they haven't?  

I would have your family members tell whoever is looking for you that you do not live there, and in fact are now living out of state.   If they can't serve you, the case can't go forward.  But be aware there are other methods of service, such as service by publication.  If they do serve you, I would file a motion to dismiss with the court  for lack of jurisdiction (meaning you don't live in Florida).

I would not try to plead hardship/illness.  Neither the court nor the plaintiff will care about that, and that is not a valid defense to a lawsuit.

Who was the OC?  Arbitration may be a strategy.

 

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The OC was a chase credit card.  I read from research online that apparently Midland is likely to move on if there is contact via mail/phone w proof of 'hardship' , showing that going forward there would be no gain.

[Of course, just because it is stated does not mean it is honored]

"MIDLAND PLEDGE under hardship ARTICLE 2:
-We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues."

Thank you for your reply Nobk4me!  That is actually the kind of  common sense I needed lol... just tell them I dont live there anymore obviously.. !

I have not gotten any mail or physical serve from anyone, but after receiving forwarded mail saw a few local debt attorneys/debt consultations,  specifically with a case number which matches what I searched in the county court office online which showed an open case all the way from april 27.

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Oh  yeah, I forgot about that Midland pledge on hardship.  You could always try it.  But I would try some tougher strategies first, like suing them for violating the FDCPA.

 

With Chase, depending on when you defaulted, there should be an arbitration clause.  JDBs hate arb because of the cost.

 

But that is a strategy for when/if they sue you where you live now.  For the suit in Florida, dismissal for lack of jurisdiction is the best way to go.

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