Court date on frivolous lawsuit Midland Funding but still no information or proof
I received notice today that court date has been set for April 3 I am so flustrated. I Request Discovery and he returned the form but with very little information provided.
Plainniff's respond to Interrogatories
1.information will be provide when available
2. Request for production of documents
Proprietory information not applicable to case at bar.
Answered some with "will be producted in lawyers's office at time agreed upon "but have heard nothing from him"
3. Request for Admissions
Did admit couldn't take disability income which I had informed lawyer was my only income.
Admits case was passed the SOL but claims it is "an
open" account as payment was made 3 years after it defaulted and over a year after they purchased it from FNANB makes no sense.
Can I ask for more detail or do I have to accept this
and can they get by with so little documentation. They are never going to be able to produce a signature because there isn't one.
They signed a sworn affidavit that they had all this information. Which is a lie. They have something mixed up big time. The acct is a FNANB Business Card issued in 1993. I had no credit in my name before 1996. This acct defaulted in 2001 and sold as charge off in 2003 but they say I made a payment on it in 2004. I've said before no acct ever listed on my Credit Report (from what I can find out this isn't the first JDB that's had this account) FNANB sold it and on affidavit
so it has me all confused.
I had an attorney that was going to help me and countersue. He said they had my SS# when he talked to the lawyer and that is how I found out it had been reaged. The attorney didn't get back with me. I guess he believed it was in SOL.
Sorry to be so long.
Update on where I am right now and any advice you can give is welcomed. Can I ask for a dismissal before it goes to court?
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