On Friday I had a certified letter mailed to me. So on my way to work I picked the letter up at the post office. It is a notice for civil action hearing. The date is set for 11/12/10. The summons comes from a small town about 10 miles from where I live instead of the big county courthouse from where im from. Found that weird, but maybe not. It says I have to call the office to notify them if I have a defense for this complaint.
The Plaintiff is Midland Funding represented by Hayt, Hayt & Landau. This is for a chase account that I could not afford after a job loss. The account when delinquent in june 2008. I received many notices from collection agencies about this account but didnt know what to do so I didnt do anything. Midland purchased the debt after chase charged it off. I received a couple of offers from midland then a letter telling me they were taking legal action. That was 6 months ago. Every letter I received from Midland had a different total due each time. Sometimes being lower then the previous letter.
Ok back to the summons. On the back of the summons is a paper stapled telling me I have the right to validate the debt and have 30 days to do so. At the bottom of this paper it states the following.
Hayt, Hayt & Landau collects debts. At this time, no attorney with the firm has personally reviewed the circumstances of your account. We are attempting to collect a debt. Any information we obtain will be used for that purpose.
So to my questions. If a lawyer hasnt even looked over this account how are they moving forward with a suit? What should be my next step? Im not disputing that I owed chase the debt, but the debt has been charged off and the amount that midland purchased it for was most likely pennies on the dollar. so how are they legally allowed to try and collect the full amount if they never paid that amount? Any help would be greatly appreciated!!!!
Send a DV letter immediately by CMRRR. go to court on the 12th and tell them that they have not responded to DV letter.
look , midland bought the whole debt at discount. by law they have every right to seek the full amount and depending on state law they can charge fees and interest.
I realize that you are acknowledging that you owe chase but you have a right to know how this balance was calculated. make sure that your DV letter asks that specifically.
go online or to your library to figure what your state allows. don't just take what they say. having a judgment on your report is bad.
wow what has happened to this place? All I see is stupid thread after stupid thread. Why are they not deleted? Anyways
I answered the summons and sent a dv letter to the lawyers. The court date was changed to later in november. Then a couple days ago I recieved a letter from the court saying the suit had been dropped. Yesterday I recieved a letter directly from midland saying with information recieved they are instructing the credit reporting agencies to delete all information on this account, but the original creditor information will continue. Should I now send a copy of this letter to the credit reporting agencies or trust that they will do this? Can another collection agency take over and further the collection process?
thanks as always
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Defendant claims victory against Midland Funding
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