Reader’s Win Against Midland Funding

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I love these kinds of stories, and I publish them for encouragement and inspiration. Some people are afraid of going up against the machine, especially in legal matters. I want to say this again, you can fight against collection agencies and win in court. Here’s a story posted in our discussion forums:

I had to thank each and everyone of you that shared your experiences and technique. I had never heard of Midland Funding until I received a letter in the mail from local counsel offering to represent me in a bankruptcy. They stated that I was being sued and included a case number. I went to the court docket of the court of common pleas and saw my name listed. Turns out Midland was suing me on behalf of Capital One. I have never had an account with Capital One.

At this point I’m pulling copies of my credit report and see that Midland had made an inquiry on 1 of the 3. Capital One has never shown up on my credit report. Once before TRW had listed a debt that was not mine so I was thinking this was the account over which I was being sued.

Anyway, I did not attend the default hearing. I received certified mail notices but I never retrieved them. Next I received Midland’s request that I “Answer”. At this point I knew this was real. So, they pretty much asked the usual questions that have been listed here. I filed my answer three days later and was then sent notification of a case management conference.

At the case management conference, I was early. The Midland representative was late. She showed up and actually appeared shocked that I actually had the audacity to show up. She blurted out erroneously that I had not filed my answer in due time. I corrected her on this and then she replies “oh, I’m sorry”.

We were giving deadlines to file our discovery requests. I was asked for my name, place of employment, phone number, address, why I hadn’t paid, admit that I had obtained credit from Capital One, admit that I was a horrible person for not taking responsibility. I responded truthfully to every interrogatory, denying the debt.

I then drafted my own and asked for proof of the debt, credit agreements showing my signature, permission to view my credit report, statement and invoices that had been sent to me from Capital One, proof that they had legal authority to collect on behalf of Capital One, etc. I sent both Certified Return Receipt on May 20. On May 28, the attorney filed for a motion to dismiss without prejudice. (I’m not concerned with it being without or with because I’ll do the same thing again).

I would like to give thanks to all of you that have contributed to this forum, helping the uninformed stand up for themselves when it comes to junk debt buyers like Midland Funding LLC.

Keep fighting the good fight! You can do it!

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