If you recognize that company, and you know there are debts you haven't paid, this is very likely your debt. You state this loan "might belong to someone else," but if you check the beginning of the complaint, there will be an allegation that Midland is the assignee or sucessor in interest to another party, some bank or credit card company that you did incur a debt from. ![]() I agree with my colleague that challenging the service pn your neighbor isn't a very productive long term strategy, because it requires a lawyer and even if you won, they'd just re-serve you, and I also agree that the use of "Danny" as your 1st name isn't a defense. Many types of assets are exempt from execution, including at least $75,000 equity in a home, $2,300 equity in a car, furnishings, tools of trade, pension funds, disability payments, etc. The creditor must locate assets that upon which it can levy. As to whether you are "Danny" or "Daniel", if you do nothing and they get a judgment, and if they have any problem levying upon an asset, they can easily request that the name on the judgment be amended to the similar, correct name.įinally, remember that a court judgment is not an order to pay anything. If the case goes to a trial, they will need to bring in competent witnesses to testify about the authenticity of their documents, the time and manner in which they were created, the chain of custody of the documents, etc.Īs to whether or not you are legally liable, most of Midland's accounts are old, and they are frequently beyond the Statute of Limitations. About this time Midland may decide to drop the case. ![]() Such documents include the original account application, credit disclosures (compliance with Truth in Lending, etc.), the credit card agreement, all of the monthly billing statements, all amendments and changes to the original terms of the agreement, documentation relating to the assignment of the debt - the entire chain of ownership of the account, etc, etc. They usually do not have these documents, as they just get a summary of the information from the prior owner of the debt. Then, you can conduct discovery, demanding that they produce all of the records and documents relating to their claim. If you cannot afford the filing fee, you can file an application to have the filing fee waived. ![]() You can consult an attorney, paying a modest consultation fee. Midland Funding is a "debt buyer." It buys old accounts from other collection agencies and creditors, usually paying just a couple of cents on the dollar.ĭO NOT IGNORE THE LAWSUIT.
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