Midland Credit Management and Linebarger Goggan Blair & Sampson, LLP served and took my ex girlfriend to court last Novemeber for a debt that was opened in March of 99' The last attempt to collect on this debt was July. Midland bought the debt in July of 06' I co signed on this loan, however was never served or notified about this court date or that it belonged to Midland Credit Management. My ex and I broke up almost 6 years ago, and do not keep in touch.
My ex went to court and stated this was not a valid debt. They notified her 2 months later that it was set for trial in March of 07' She called them and stated she had filed for bankrupsy and to leave her alone and contact her attorney. All this time, my name was appearing on the paperwork as well. I was never served, notified, called, or mailed anything about this.
They found her current address as a renter with no problem, yet I am a home owner and they were listing me at an address from 9 years ago. They went ahead and had their day in court on March 21st, and got a judgement againgst me. All of a sudden I get this letter in the mail stating there has been a judgement againgst me and I owe them 11K and some change. The terms on this loan was 36 months, yet they got a judgement for an additional 5 years of interest. It is my understanding that they have to serve and notify both parties in a case to get judgement.
If I had known about this I would have shown up and stated the SOL had expired. Can I hire an attorney and get this judgement appealed, since I was never notified about any of this. Isn't Midland Credit Management supposed to notify a consumer if they purchase an old debt? This isn't even in my credit report, so I have had no knowledge of any of this. Doesn't the SOL begin after the date of last payment recieved? How is it they found my correct address only after they got a judgement.
I had to call my ex to find out what the heck was going on. She stated they never tried to collect from her until she was served court papers. However since she was in the process of filing BK, she just ignored the letters after she appeared in court the 1st time. How can they get a judgement without proof that I was ever served or notified about this. The paperwork that my ex got said this was againgst both of us each individually.
Ready to Start a class action if necessary.
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