I Live in the State of Florida and have an old Credit card debt, I just got served from a company Called Midland Funding,LLC to go to small claims court. It says that they are due with Interest Since Nov 30,2004 for Money lent by Plaintiff to Defendant. I know that I have not made a payment to the Original Creditor since 2002 and Im not at all firmiliar with midland Funding. How do I go about finding out when my last payment was to( FCNB) original creditor?They no longer have a phone number to reach them.

Hello c:

If you haven't paid since 2002 and they only want interest from 2004, that ain't bad. They're entitled to interest from the beginning...

So, I don't think finding out when your last payment was made will help you at all. However, that information MIGHT be on your credit reports. I'd certainly check them out.

However, none of that is going to help you defend yourself in court. From the dates you're offering, there's a good chance that the statute of limitations has run out. I'd be looking for THAT statute. (I'll see if I can't find something too).

If the statute has tolled, then go to court and tell the judge. If it HASN'T tolled, call up Midland Funding (a collection agency), and see if you can make a settlement. If you have a little bit of cash, I'll be you can settle for $.20 on the dollar.

If you can reach an agreement, make sure you get it in writing BEFORE you send any money. Collection agency's are slime.

excon

So you deny owing them the money, send a letter that you are going to defend, and demand that they supply your proof of the debt.

Remember they have to supply proof that first you even owe the money, And the date of the last payment is important since if it is over the SOL, they do not have right to sue.