midland funding llc NEED some help....identity theft no one will help me and sueing for fraud accounts sacremento, California

The first thing you need to do is calm down.

Then you need to separate the issues, and understand what you are dealing with, and the law.

The first rule of thumb is to STAY OFF THE PHONE!!

No lawyer required at this point.

First, Midland Funding LLC, is a third party debt collector, aka junk debt buyer aka bottomfeeder.

Second, you cannot be arrested or be put in jail for any civil debt.

Third, the police deal with crimianl matters only. Debt issues are civil matters.

Now, you say you are being sued.

Have you actually been "served" with a summons from a bonafide process server, peace officer, or certified mail? Does it have a response or appearance date listed?

The first thing you want to do is verify with the court that an actual lawsuit has been filed. You will have to do this in person for best results as you can get the latest up to the minute filings.

If it has, you MUST respond, or these bottomfeeders will get a default judgement against you that would allow them to garnish your wages and bank accounts.

Don't automatically assume identity theft. That is a poor assumption to make. This could be a simple mistake, or a very old debt that you forgot about. Or this bottomfeeder could just be contacting everyone with the same or similar name as the original debtor. They are fishing! DO NOT speak to these people on the phone and do not give them any personal info at all.

You will want to order all three of your credit reports right awy. You can get these for free online ONLY at annualcreditreport.com which is the only site that offers your free by law credit reports without joining an ongoing program.

Now you can see everything being reported against you, and have a chance to challenge it.

It is illegal for any collector to threaten you with arrest or jailtime, or siezure of property. They also cannot threaten you with civil action unless they plan to follow through with that action.

If you have, in fact, been the victim of identity theft, you need to have the credit bureaus put a fraud alert/security freeze on your credit files, then you have to dispute those accounts individually with the companies involved.

However, don't mix the issues here. Your primary concern is disputing the action Midland Funding is bringing against you. Do this right away as the normal required response time is only like 10-20 days, which varies by state.

Do all correspondence in writing and send only via certified mail, return reciept requested. Be sure to put the certified# in the body of the letter and keep a copy for your records as this proves exactly what you sent. DO NOT sign anything you send to a collector as your signature could then be forged onto a "contract.

The beauty of our legal system is that the legal burden of proof in on the collector to prove that you actually owe the debt, and NEVER on you to prove that you don't.

By the means above, DEMAND to see a signed contract and a full account history of said debt. They are required by law to validate a debt upon request, or cease collections activity.

Stay calm, do everything I told you, and you will be ok.