I received a letter from my bank saying that there was a restraining order put on my account c/o midland funding llc. It said that a judgement was entered against me on 5/3/07 and since i did not respond to the summons i lost. The fact is that i never received a summons from this company or anybody else for that matter.
After some research i found that the original debt was derived from my FCNB credit card which went backrupt many years. I had made payments on the account until they kept posting my payment late month after month in order to get back more money from the late fee.
I along with others filed a class action suit against the company and the case was resolved. Now i find out that many years later this company buys the old debt than tries to collect on it. But i do not owe the debt and the Statute of limitations is expired. Seems they are using a loophole in our legal system that if they win a judgement against you then the SOL becomes refreshed and you are liable for the debt.
If i had received a summons of such debt all i had to do was show up in court and dispute it based on the SOL and the case would have been dismissed. I called the company and they refused to send me any proof of the debt and even refused to give any info to my friend willy who is a tax cpa.
Without proof they have no claim. My best friend is lawyer and knows what is going on. These companies are using loopholes in our legal system to forcefully extract money from people. Something needs to be done about this and it needs to be done now.
How many usacomplaints.com and consumer complaints does it take to get some action. I guess it takes many lawyers to screw in a lightbulb with reference to an. Old polish joke
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