• Report: #440475

Complaint Review: Midland Funding - Midland Credit Management

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  • Submitted: Fri, April 03, 2009
  • Updated: Mon, April 27, 2009

  • Reported By:Tempe Arizona
Midland Funding - Midland Credit Management
4302 E Broadway Road Phoenix, Arizona U.S.A.

Midland Funding - Midland Credit Management Under Encore Capitol Group Filing fraudulent affidavits in court when they have no bonafide original contract for account verification! Phoenix Arizona

*Consumer Comment: Midland Funding / Jerold Kaplan

*Consumer Comment: YES!

*Consumer Comment: LETTER

*Consumer Comment: Midland Credit (aka Midland Funding LLC)

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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

Shiva
Tempe, Arizona
U.S.A.

This report was posted on Ripoff Report on 04/03/2009 09:16 AM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Funding-Midland-Credit-Management/Phoenix-Arizona-85040/Midland-Funding-Midland-Credit-Management-Under-Encore-Capitol-Group-Filing-fraudulent-a-440475. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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#1 Consumer Comment

Midland Funding / Jerold Kaplan

AUTHOR: Victim Of Collections - (U.S.A.)

I finally had to hire an attorney to get Kaplan off my back! Kaplan was thoroughly pissed at me as well as my attorney due my having logged complaints with the State Bar and the AG.

My advice is if you dead set on fighting any lawsuit that you get your ducks in a row as well as any documentation.

No appellate court has ruled on Statute 12-543 (3 yrs SOL on credit card debt), and the statute is unclear; however, AZ Superior Court judge recently reversed a lower court decision regarding the SOL - lower court cited 6 yrs. Seems the lower courts feel a debt is a debt no matter who holds the paper on it (with or without evidence)

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#2 Consumer Comment

YES!

AUTHOR: Dakar - (U.S.A.)

YES! I would love a copy of that letter! I'm dealing with Midland as well and want to put a stop to their dirty tactics once and for all. This letter would be a great step in the right direction! Please sent it to me!
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#3 Consumer Comment

LETTER

AUTHOR: Heated - (U.S.A.)

SHIVA, I WOULD LOVE A LINK TO THE LETTER YOU SENT THE ATTORNEYS. I AM DEALING WITH JEROLD KAPLAN LAW OFFICES REPRESENTING MIDLAND RIGHT NOW ON AN ACCT THAT IS WAAAY OUT OF STATUTE, AND THEY LISTED THE ACCOUNT OPENING DATE AS 2007, WHEN IT WAS IN 2001!!!! THANKS.
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#4 Consumer Comment

Midland Credit (aka Midland Funding LLC)

AUTHOR: Victim Of Collections - (U.S.A.)

Would the Attorney for Midland be....Jerold Kaplan Law Offices? Perhaps Patricio Esquivel? or Frederick Dias?
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