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    tigerchris's Avatar
    tigerchris Posts: 2, Reputation: 1
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    #1

    Aug 25, 2008, 10:26 PM
    Sued for CC Debt (Breach of Contract)
    I am being Sued for A CC (FNANB) debt by 3rd Party (Midland Funding). I have no knowledge of ever having this account. I live in Missouri and this account was closed 8/2004 last payment was 12/2003.
    Long Story Short this is the 2nd time Midland Funding is suing me on this account the First Suit was on Account Dismiss by Ct w/o Prejudice in 2007. They are Now Suing me for Breach of Contract on this same alleged debt how do I go about defending myself? Just like the Last time or something Different?
    The Strange thing is that I was Contacted after the Case was Dismissed by a different Firm Say Nelson, Wildlife & Associates, LLC I sent them a Letter Disputing this Debt according to FDCPA they sent me a letter saying they will cease collection efforts until verification of said debt is obtained. I Never received any other letters or correspondence from Midland or said group or any other group. Then come like 3 days ago I was served with a summons for Breach of contract from Midland funding and from there attorneys.

    [email protected]
    Credendovidis's Avatar
    Credendovidis Posts: 1,593, Reputation: 66
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    #2

    Aug 26, 2008, 01:30 AM
    Hello tigerchris

    Well : go to Court and defend your case !
    Tell the judge about the previous dismissal (bring paperwork), and ask the judge in view of the previous case and lack of any proof for dismissal again. (If possible permanent dismissal)
    Have you already contacted the plaintif and asked for information and available evidence?
    Sure do that before the court session.

    Go and see a lawyer or ask advice at the nearest university with a law department. Often they have a free or near-free advice service.

    Good luck !

    :)
    tigerchris's Avatar
    tigerchris Posts: 2, Reputation: 1
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    #3

    Aug 26, 2008, 04:18 PM
    I am going down tomorrow to file a request for production of documents , and was wondering if I should file a defendants first set of questions? Or should I just do the production of documents and then form my defense based on what they produce?

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