Collections Law/Help Please

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Expert: Michael Brotherton - 6/17/2007


Question
Today I received a summons to appear in court June 20, 2007, filed by Midland Funding LLC.  They claim in their complaint they have made demand of me to make payments on this account or pay entire balance which is $3,911.62, but that I have failed or refused to make payments.  My answer to this is this is the first time I have received any communication from this agency.  I have never received one phone call from them.  I have never received any written notice from them whatsoever and until I was served with this summons, I have never heard of this group before.  I did a search on the internet about them and found I am not the only one they have done this to.  There are several people that have never gotten any correspondence from them until they received a summons of a court suit.  Is there anything that I can do?  It is a valid debt for Aspire Visa, but they are claiming they have demanded payment from me and that is not true.  Can you help me?  I am a single mother of 4 with 2 still living at home and also supporting a granddaughter who is 2 years old.  I can't afford to pay much, if anything.  

Thanks so much for any help or advice you could give me.

Debra


Answer
If they have filed suit you need to answer the complaint and defend yourself. If it is established that this is a valid debt and you are in default they may still be able to get judgment. Try contacting them before the deadline and make some type of settlement offer. Don't let them browbeat you. Plead  your case to the judge. He may be able to reduce the debt or if it is invalid can dismiss the case.

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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