OK...I have read this site and budhibbs dot com site furiously since being served FOR THE SECOND TIME by attorneys representing Midland. Perhaps a blessing in disguise, having gone through being sued by them once, I compared paperwork with the current summons and complaint. WOW! They used the very same "form letter" affidavit in both cases! They didn't produce an original creditor's contract the first time- and I didn't know then to request that as account verification- and they apparently do not have one this time either, as the same affidavit (drafted by a Midland employee from out of state) is being used as "evidence" the account is mine. OK- here's what's cool about my going through this twice: the first time, yeah, it was my debt, and I didn't fight it (nor did I pay it, having disputed with the original company years before and they gave up). This time, however, the alleged account is from a series of IDENTITY THEFT incidents I went through in 2007. That means the affidavit is created- made up- a lie- perjury! Also, FYI: these affidavits are NOTORIZED- that's it. Notary services verify the signature of the person signing only- Notarys cannot authenticate, vouch for or verify the integrity or truth of the contents of the documents they notorize. So...they are not truly legal documents. OK, so here's what I have done in response to their taping the summons, complaint and the affidavit (all very explicit regarding personal and private info) to the door of an apartment I have not resided in for over 2 years!! -- I have filed a countersuit for violation of my privacy and defamation due to their posting PUBLICALLY these legal documents; also, violation of Fair Debt Reporting Practices by reporting on my credit files an unverified and fraudulent account that never even appeared on my credit report as an account (only an unauthorized inquiry along with several other companies- someone was trying to use my info); they have continued to negatively report this account despite Security and Fraud Alert present on my credit reports (Law says nobody can place for collections an account that resulted from Identity Theft...[15 U.S.C. 1681m, 615,f,(1)] ); and, finally, regarding CIVIL LIABILITY for all of the above, evidence of BAD FAITH actions toward me....(puff puff...)
In short- I am firing all the guns I could find, including Arizona Statutes not mentioned here.
Last, I sent them a wonderful Account Verification Request (aka: Debt Collector Disclosure Statement) I found online (attorney written and stated all are free to use it). I modified it to fit this circumstance. It is long- 73 questions- and cannot possibly be fulfilled unless the agency really does have the actual account and it is legitimate. I am happy to provide this letter to anyone who wants it.
So, wish me luck folks!@ They now have about 8 days within which to respond to my MOTION TO DISMISS WITH PREJUDICE if they cannot provide original creditor contract as account verification along with my Disclosure request.
Shiva in Phoenix, AZ