Being sued by Midland Funding LLC

Asked almost 3 years ago - Texarkana, TX

I was served with papers informing me that I was being sued by Midland Funding. I responded with a letter requesting Verification of Claim/Debt, Denial of Alleged Debt, and Request for Production of Documents/Discovery Request. I received a VOD letter with a copy of a credit card statement and a Bill of Sale between CitiBank and Midland (which was false because CitiBank sold the account to LVNV and they sold it to Midland) and a letter stating the Plaintiff's Answers to the Defendant's Discovery Requests. The Midland attorney responded to almost every request with the following:

“Plaintiff objects to this request as being vague, ambiguous, overbroad, not within the scope of discovery, and would not lead to admissible evidence. Plaintiff cannot understand this request and cannot comply.”

Additional information

Midland has not proven that I owe them anything. The Bill of Sale that the produced could have been printed off of my computer. Several parts of it are blacked out and say "redacted." They are also saying that I "owe" them several hundred dollars more than the original balance because of "interest, late charges or other charges." I thought this was a violation of the Texas Finance Code, particularly 392.404. Am I wrong?

Attorney answers (4)

  1. Gary Alan Armstrong

    Pro

    Contributor Level 16

    1

    Best Answer
    chosen by asker

    Answered . Midland Funding is somewhat notorious. They have been accused in a class action suit of falsifying affidavits in these kinds of collection lawsuits. That does not mean that yours has been falsified, but if you can show that the card was once owned by LVNV and then transferred to Midland rather than directly from Citibank to Midland, and they are representing the latter, then that works well for you.

    Note that even though Midland's attorney objected to all of your requests, he is still required to produce whatever documentation that he has that is not objectionable. Depending on how you have worded your requests, and assuming they are clear enough, you are entitled to get answers to them. You have the right to file a motion to compel with the Court and ask the Court to make Midland provide the relevant documentation.

    As others have said, these cases are better handled by an attorney than by yourself. Part of the reason for this is that, unfortunately, the courts and other attorneys respect the defendant more when he is represented by counsel than when he is trying to handle the lawsuit by himself. Also, you are likely to fall into a trap for the unwary, where a competent attorney probably will not. And, if you are in court when this comes to trial, you can be called to the stand to testify and you may wind up proving Midland's case for them by your own testimony if you are not careful.

    All of these reasons and more suggest getting a capable attorney to assist you, or at least review your work for you. I do not know attorneys in the Texarkana area who practice in this area of the law, but you may want to consult the website of the National Association of Consumer Advocates (www.naca.net) for a local attorney. That attorney may identify that you have an FDCPA complaint against Midland Funding that would help resolve this matter favorably.

    I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to... more
  2. Samantha Anne Najvar Kehl

    Pro

    Contributor Level 7

    Answered . You need to see an attorney in your area to help you. Try to find an attorney who deals with debt collection or bankruptcy.

    Legal disclaimer: Disclaimer: This answer does not constitute legal advice. I am admitted in the State of Texas... more
  3. Corey Le'Allen Mills

    Contributor Level 7

    Answered . You need to seek the advice of an attorney in your area who specializes in either bankruptcy or debt lawsuit defense. The objection you mentioned to your discovery requests is a standard objection. You need an attorney who understands the procedural rules and tactics used in this type of litigation.

  4. John F. Younger Jr.

    Contributor Level 9

    Answered . The first answer is correct in advising you to seek an attorney who deals with creditor's law and, as a last resort, contact a bankruptcy attorney. I anticipate that you will have to have an attorney and that the only way you will get the information that you need.

    From your question, the exact nature of your problem is unclear. Did you owe a balance to credit card company and that company sold the debt to another company? Were you late on your payment?

    The short answer is that you will need an experienced trial attorney for this matter.

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