Being sued by midland funding...

[Anonymous]

Hi first time posting here so any help would be appreciated.

I am being sued by midland funding for a old credit card... I have called them and asked for they attroneys real number and address and they will not give it to me only stating that everything should be sent to them and that the attorney would see it on file.  I never admitted that it was my debt but said i would settle it right now for a lot less and they said they couldnt accept that.  

I only have 14 days to respond and not sure what to do at this point.  Obviously they are very shaddy and I need to do something.   Do I file for general denial and drag this out ? Then possibly ask for discovery to see what all paperwork they actually do have....

If anybody has had any experience with this please help...

the amount they are suing me for is just over 3000.00

Thanks in advance for any help.

[Anonymous]

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@Anonymous wrote:

Hi first time posting here so any help would be appreciated.

I am being sued by midland funding for a old credit card... I have called them and asked for they attroneys real number and address and they will not give it to me only stating that everything should be sent to them and that the attorney would see it on file.  I never admitted that it was my debt but said i would settle it right now for a lot less and they said they couldnt accept that.  

I only have 14 days to respond and not sure what to do at this point.  Obviously they are very shaddy and I need to do something.   Do I file for general denial and drag this out ? Then possibly ask for discovery to see what all paperwork they actually do have....

If anybody has had any experience with this please help...

the amount they are suing me for is just over 3000.00

Thanks in advance for any help.

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Google "defending yourself from junk debt buyer lawsuits" - there is an Ebook by Peter Holland that has a lot of good information on strategy.

You generally have only two options - settle before it goes to court, or file the general denial of all claims, ask for an extension then start the discovery process and fight them tooth and nail.

[Anonymous]

Midland is a type of company I would like to have fun with....I would go denial and build your case and take the time and research it all and possible violations and or issues with their recovery process. I would fight them, their integrity is crappy and I would love to stick it to them in court Do not give up! Also, if you have a question be sure to ask around here, we can help!

[Anonymous]

Make sure you answer the court and show up on the day of the hearing. If you do not they will rule against you and you may end up owing even more plus have a judgement on your credit reports.

[RobertEG]

Are you considering hiring an attorney?

[Anonymous]

Its only for 3000 im sure a attorney would want more then i can afford... Its only small claims at that. If i had the money i would just to fight them. They wont give me their real attorneys phone and address. They say its the same as theirs.

[RobertEG]

What is your basis for "fighting them"?

Is the debt not valid?

Has the SOL expired?

[Anonymous]

No sol is not up til august. Yes the debt is valid. I just dont want a judgement and cant afford to pay anything right now. I offered 500 they wouldnt take it. I just was gonna see if they could produce all the paperwork etc.

[Anonymous]

They said they would settle for 2200 i said no. I dont have that money anyways.

[RobertEG]

Then since they have already filed their civil action, you can use pre-trial discovery to obtain relevant info if you contest the debt.

However, if you dont contest the legitimacy of the debt, they may well have adequate documentation.

If they present their case and provide documentation of the debt, the ball will then be in your court to contest their showing.

You are rolling the dice by going to trial if you know the debt is legit.

You might seek a pre-trial payment plan if trial will likely affirm the legitimacy of the debt.