Get this one. My girlfriend received a summons on a sunday night for me. The summons was from Midland Funding LLC (a company I have never heard of). They are claiming I owe them apx $6,000 for a charged off credit card that I disputed with the bureau several years back. I had a heart attack in 2003 with out insurance and was out of work for a long time. As a matter of fact I have hardly worked since.
I now have 20 days to respond to the summons. (minus four days) I read all the posts regarding Midland and their practices and truly believe I can beat this. Lots of good advise here on usacomplaints.com.
I found out through public records that the attorney for Messerli & Kramer that is sueing me had guess what? A default judgement against him from Midland Funding LLC for $16,000 which was entered last year. Just about the time he started working for them. Does this make sense. What's up with that. I found it very interesting and faxed a copy of the information with my un-offical response denying the debt.
Since I don't have the money for an attorney, I called the county where I reside and asked them when the court date was since the summons did not have a file number on it. They told me there would be no court date. If I did not file a response with them for $320.00 the Plaintiff would file for defaut judgement. She said if I sent the response to the Attorney and they were honest, they would include my response denying the debt. She then asked me who the Firm was. When I told her Messerli & Kramer out of Plymouth, MN she went dead silent. This I took as a good indication they are not honest and that I should do every thing possible to fight this. I do not owe Midland Funding anything!
As if this was not bad enough, I received a garnishment summons from my bank the next day, for yet another Messerli Kramer / Midland Funding LLC judegment that I never knew existed. They filed and received a default judgement against me back in 2006. Well I went down to the county and checked the file and sure enough they had an afidavid of service signed by a processor. Well i just jumped over to the county records public records and looked up the processors name who claimed he served me. Guess what, this skum bag has a wrap sheet which included sexual assault and several dui. If true and this is infact the same person, Messerli Kramer is sending out sex offenders with DUI's to my house and everyone else they serve false summon's. (even though I know I was never served) How kreepy is that. Then something struck me as very interesting in the file. They had taken out a writ of execution back in 2006 and never returned it. You have 180 to collect on a writ. If you don't collect, you turn it back in uncollectable. I confirmed with the County that no other writs had been taken out after 2006 So explain this to me, how the hell (pardon the French) did they freeze my bank account with Bremer Bank? Bremer is holding $19.05. There was no record of there Garnishment summons in the county file and it's been over a month since they mailed it. Someone is going to pay for this. I'm going directly to the attorney General on this one. Them I'm going after them with in court.
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