I previously posted that I'm in the state of PA, got hit w/ a summons to appear before a magistrate from Midland Credit Management c/o Hayt Hayt Landau for a credit card that is not mine. The only info they provided is what appears to be an account number and that I didn't pay, blah, blah. I've never received any notification or phone calls from these people, now they're suing me?? Should I consider countersuing them for violations of the FDCPA for failure to provide an oppty to request validation of the debt? And, how do I know that Hayt Hayt is legally able to collect? Also, if I do have grounds to counter sue, does it make sense to call them and tell them that I'm doing so as a way to get them to dismiss their suit? Please help!
No, just file your Counter in a timely fashion. Calling will not likely yield the results you desire. Also, if they're isn't an Agreement attached to the Complaint, you should move to dismiss their Complaint. Attach an Affidavit stating that you never had such an account as well.
This is small claims court. I read the laws of procedure and cannot find where it says that I ask them to move to dismiss? Do you think it makes sense to counter sue on grounds that they have violated by right to validate the debt? From research I've done online, Midland is a CA. They don't even claim to have been assigned this debt by XYZ Creditor (no idea who it is supposed to be for). Any other violations of FDCPA come to mind? Thanks for your help.
It's for Encore Receivables. You can file a Motion to Dismiss for failure to state a claim in any Court. It's a failure to state a claim insofar as they cannot prove you owe anything without a contract or an affidavit. If it's the latter, they best be ready to produce the affiant at trial or it's hearsay which is again, failure to state a claim; i.e., prove that you owe them something. If you never received anything from them, they didn't have to provide notice. That only comes into play when they hit you with a dunning letter. You have 30 days to request validation from that time and they have to provide it "if" they wish to take further collection activity. That isn't applicable here but, you could ask for validation now which can also be better accomplished by a Motion for a More Definite Statement (Bill of Particulars maybe in your state).
