Can someone please help me -
This morning (Saturday, January 6) I was served with a notice of lawsuit by Midland Funding LLC in Little Rock. I'm in Texas. It said they were acting "as an assignee of Aspire Visa through its attorneys Hasto & Buchan PLLC." The amount is $6,388.51. They refer to Exhibit A but there is no Exhibit A. There is some kind of affidavit by an employee of Midland claiming to have personal knowledge of this account, saying she has "books and records of plaintiff pertaining to the account... And I have personal knowledge of the facts herein from my review of those records." The affidavit is notarized in Minnesota, even though Midland Funding AND attorneys Hasto and Buchan have the same address in Arkansas.??
They say the principal balance due is $6,388.51 and it will continue to accrue interest at6% annually until the judgement is entered and then it will have a different rate allowed by law.
What can I do about this? I am self-employed, own nothing but an 8-year-old car, have no money in the bank, no assets of any kind, and no regular income. Whatever I make goes out in bills right away. I am the definiion of judgement proof, and my understanding is that in Texas wages cannot be garnished.
There is no court date on it, but it does have the name of our county clerk on it, signed by a deputy. I suppose they could fake the form, and anybody can order a stamp that looks official, but I can't figure out the deadline date for me. It was filed on December 29, issued under the court (supposedly) on January 3, and I was served today January 6.
How do I answer this? There's no court date and nothing signed by a judge. It says I have "by 10 A.M. On the Monday next following the expiration of twenty days after you were served this citation and petition."
I want to write these jerks and give them a piece of my mind, namely, where is Exhibit A that they refer to, and where is any supporting documentation that I actually owe this debt.
Help! I've read the other RORs on Midland and I found some background on Hasto and Buchan and it ain't good. They all sound like scam artists and I will FIGHT THEM LONG and LOUD. But I'm not sure where to start.
Thank you for any help.
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