Wish me luck against Midland Scumsuckers!
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Posted by Disneygirl
(68.79.202.64) on June 29, 2004 at 22:34:34:
Thanks to the wonderful advice on this board and especially whychat, I have written a validation/cease and desist letter that will be sent registered mail (w/receipt showing they got it)to the court, the attorney's for Midland and the Scumsucking bottom feeding Midland themselves. I have also filed an FTC complaint against Midland. I have also documented the fact that Midland called me in April sometime and violated laws by calling me names and telling me that I was committing credit card fraud and then never sending me anything in writing whatsoever at any time as to this debt that they purchased. My only communication with them was the phone call in April, and all I told them then was that I had no idea who they were, I wanted something in writing and that I was unemployed. The next thing I get was the summons to court, which I will go to if I have to. My question is, why wouldn't they send me a copy of the actual lawsuit along with the Notice of claim? Could it be because there isn't one? I only received a one page "Notice of Claim" that was filed in the clerk's office on June 15. Are they in fact violating the law by only calling me once and never actually writing to me about it? I guess I am hoping that they have no documentation and will just fold when they get the validation letter I am sending.
Obviously they are not from Indiana, but have hired Indiana attorney's to file the claim. I would think that lawyers, if they HAD the actual lawsuit, would send me the lawsuit along with the notice. Right?
I am going to also go to Legal Aid and see if I can get an attorney to come to court with me if indeed I have to go. When the court and everyone gets my letter, will that and should that change the date of that trial? I don't even think they gave me enough time for a response, I did not receive the Notice of Claim until June 26 in my mail and the trial is set for July 13. Not even 30 days. Oh one more question, that may not mean a thing. When I first applied to Orchard Bank for a card, I did it online, and never signed a thing. Does that make any difference? Also, does the CA have to produce my original credit app with Orchard and also all of my payments ever made to them? If they don't have it at trial, could it be tossed out? Thanks for the help everyone.
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