Midland Funding, FCRA and FDCPA violations and being sued. Imporperly served.

[Anonymous]

So,

Midland funding owns 2 of my accounts.   One old debt that is no longer reporting.

The second debt is a new debt from last year.    They are now suing me. (in MN) in small claims.   I recently found out, as I no longer live at the address they sent.  I haven't for almost 3 years

The state of MN requires letters to be sent to the last known address.  No response is needed, just show up at court.  If you don't show up, it is a default judgement.

Funny thing is, they have my current address as they were sending notices for years on the old account.   Also they ran several credit checks, all which show my current address.   Even when i looked in there online portal it showed my current address.  (after i first loged in, convienantly they erased all contact info a few weeks back).

I feel like this could be considered a FDCPA violation under :

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

Further more,

I was wondering if the following contains any FCRA violations:

 COLLECTION AGENCY                    -                                 Midland Fund                     Midland Funding
ORIGINAL LENDER           Midland Funding Llc           Credit One Bank N A          Credit One Bank N.A.
ORIGINAL BALANCE                      $705                                        $705                                       $705
CURRENT BALANCE                    $705                                         $705                                       $705
STATUS                                                 -                                     Collection account     Account seriously past due
                                                                                                                                             date/account assigned to
                                                                                                                                             attorney, collection agency, or
                                                                                                                                             credit grantor's public collection
                                                                                                                                             department
DATE ASSIGNED                               Sep, 2014                             Apr 22, 2014               Apr 22, 2014
ACCOUNT NUMBER                         -                                            XXXXXXxxxx                xxxxXXXXXX
ACCOUNT HOLDER                    Individual                                      Individual                         Individual
DESCRIPTION                             Collection account        Placed for collection                               -

 Sorry for the formating.

Notice they have different dates, and also on a detailed report they all say Factoring company account.  

What are you guys thoughts on this, does it sound like they have violated FDCPA, and or FCRPA?  

If this has FCRPA violations, then I know my old account had violations (I have an old credit report) but it just fell of my credit recently.   I'm not sure if this would be past SOL.

I have small claims next week.   I'm trying to gather all violations they have done for leverage on a settlement.   I don't know if i can get them to remove the violations.  Any and all help would be appreciated. 

[RobertEG]

I would bring up any issues of violation of their service requirements with the court before asserting a false or deceptive practice.

False or deceptive connotes knowledge at the time of their action that would be a determination for a judge.

It is not, per se,  a violation of the FCRA to have inaccurate reporting.  No statute can mandate human accuracy.

It becomes a violation if it can be shown that information was reported with knowledge at the time that it was inaccurate.  FCRA 623(a)(1).

The proper process is not to first bring action for violation, but rather to file a dispute of its accuracy, and thus requiring the furnisher to conduct a reasonable investigation of its accuracy and convey their determination based on that investigation.  The furnisher can always correct any inaccuracy without requirement to delete.  Violation of the dispute process can occur if the furnishr either failed to conduct an investigation of an asserted inaccuracy, or if they reached a determination of accuracy that is clearly unsupported by the results of their inveestigation.

[Anonymous]

It may or may not be considered a FDCPA violation, but it certainly would *seem* to be a blatant attempt at perpetrating fraud upon the court by intentionally sending a summons to an old address when they clearly had your current address, in order to get an 'easy' default judgement. A dunning notice from them with your current address on it would seem to be ample proof of such an attempt. I would most certainly make the judge aware of it. I'm not sure of the proper way to go about that in small claims court though...