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Question
Midland funding has taken me to court for FCNB I ask for a definite statement for the debt with the court the reply asking the court not to dismiss it the first summons did not have no account of what was supposedly owe does the defendant have to show the court documentation for the court to award a judgement against me I'm in dispute of this issue
Michelle:
If you filed a "Motion for a More Definite Statement" then, no, they don't have to prove up the debt at that time. That can be properly addressed through a Motion to Dimiss for failure to state a claim or by moving to strike their affidavit after discovery presuming they attached one to the Complaint b/c it would be hearsay unless you had opportunity to cross the affiant.
However, the motion I presume you filed is a good stall tactic and may just get it off the table. If they don't respond within 40 t0 60, file a rule 41 Motion to Dismiss for failure to prosecute.
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Apex Credit Services, LLC
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Our expertise encompasses the legal frameworks under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act amendments to the FCRA, and the FCRA. We are also well versed in Tennessee and West Virginia consumer law as well as Texas consumer law. DISCLAIMER: NO PART OF ANY COMMUNICATION FROM APEX CREDIT SERVICES, LLC IS TO BE CONSTRUED AS LEGAL ADVICE. APEX CREDIT SERVICES, LLC IS NOT A LAW FIRM. SHOULD YOU SEEK LEGAL ADVICE, CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION.
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Our staff is comprised of CCPA experts. Apex Credit Services, LLC, which is a registered, licensed, and bonded credit services organization and certified by the Consumer Data Industry Association.
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