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jjb

Notice of Deposition in Aid of Execution

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I received a certified letter yesterday from Hayt, Hayt & Landau on behalf of their client Midland Funding, reads it is a "Notice of Deposition in Aid of Execution" I am to appear approx 15 days in court and to bring various documents as proof of income & personal property. This is for a debt that I have no recollection of. It is not on my credit report. This letter came out of nowhere. It states the original creditor is Citibank. I honestly don't remember having a Citibank card, perhaps it was a department store card that Citibank owned, IDK?  The letter is not notarized, so I don't even know if this is legit or just some sort of scare tactic from these lawyers. Maybe this sort of request doesn't need to be notarized? 

What I need to know is what do I do now? What is my next step? I don't recall this debt. If it is a department store card, it is way way old debt. It is not on my credit report. Isn't there a SOL to this? I have nothing, no property, no money, nothing. I lost my job in 2010 & became a full time caregiver for my parents.That job did not pay in dollars. My last parent just passed in April. No life insurance. I need help. Please. Thank you.

 

 

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You said you have to appear in court, according to the letter.  I assume it identified the court.  That is the first place to go, to see what happened.  Apparently they got a judgment against you.

You may be able to search online, if the court has a website.  You need to find out everything about the case, assuming there really is a judgment.

If you were never served properly, you should be able to get the judgment vacated.

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2 hours ago, jjb said:

The letter is not notarized, so I don't even know if this is legit or just some sort of scare tactic from these lawyers. Maybe this sort of request doesn't need to be notarized? 

This is a debtors exam and you have to comply.  If you do not show and don't produce the documents they can actually have you arrested for contempt of court.

I hate to tell you this but at some point Midland sued you and got a default judgment.  You really need a good Consumer Attorney ASAP.  There is a small possibility you can get this vacated but it will take skilled legal help to do it.  Most will do a first consult for free.  If Midland and this law firm did violate the FDCPA in getting this judgment they will likely take your case on contingency and you could end up getting a little money in your pocket instead of paying these bottom feeders.

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I'll be seeking out an attorney on Monday. How can this company get a judgement against me without my knowledge? Wouldn't I have had to have been served some kind of court papers to appear and to speak on my behalf. To dispute all this and ask for proof of this debt? Something? 

And they have the nerve to offer an "Alternative To Deposition" An offer to pay debt at 20% balance reduction by certain date to forget about all this. For a debt I have no knowledge of. 

I went to the County courthouse website to try to search for some info, anything, and the docket # on the letter is not a valid docket #. 

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16 minutes ago, jjb said:

I'll be seeking out an attorney on Monday. How can this company get a judgement against me without my knowledge? Wouldn't I have had to have been served some kind of court papers to appear and to speak on my behalf. To dispute all this and ask for proof of this debt? Something? 

And they have the nerve to offer an "Alternative To Deposition" An offer to pay debt at 20% balance reduction by certain date to forget about all this. For a debt I have no knowledge of. 

I went to the County courthouse website to try to search for some info, anything, and the docket # on the letter is not a valid docket #. 

You need to go to the courthouse and look at the file for the case.  It should contain a proof or certificate of service that shows how they claim you were served.   Make copies of the contents in the file to show the attorney with whom you schedule a consultation. 

Once you’ve been sued, proof of the debt is either attached to the complaint or is requested via proper discovery requests.  Your court rules include that information.

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26 minutes ago, jjb said:

I went to the County courthouse website to try to search for some info, anything, and the docket # on the letter is not a valid docket #. 

There was no lawsuit listed under your name?

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2 minutes ago, jjb said:

No. Nothing with my name

That’s why you need to go to the courthouse. 

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