Midland/servicer MRC/ Attorney

Discussion in 'Credit Talk' started by winndknot, Jun 11, 2008.

  1. winndknot

    winndknot New Member

    I am so confused, I have been supplied with an affidavit in support of judgement, that states so and so is employed by Midland Credit, servicer of this account on behalf of MRC receivables. That MRC Receivables is the current owner of, and/or successor to, the obligation sued upon.

    I have asked for Validation, of which I have received the above as well as two statements dated Dec 2005 from Midland. I do not have any contract information, from the OC-Houshold/Arbor only this as a validation.

    My findings are this...
    1. Attorney is licensed in this state
    2. Midland is licensed in this state
    3. MRC receivable is NOT licensed in this state
    4. I answered the summons with denial of everyting except my name
    5. I received and answered discovery requests
    6. I fired back discovery with no return answers as of today
    7. I ammended the answers to the summons with a counterclaim citing 8 FCRA or FDCPA violations.

    My questions are this???

    1. Am I doing this right?
    2. Since MRC does not have licensing in this state and they are the ones suing me, do they have any ground to stand on?
    3. What exactly does servicer of the account mean?

    I am trying to get them to settle before court, however if that doesn't happen, can I get them on the technicality that MRC is not licensed to do business in this state?

    These boards are great and all the experiences from all the contributors sure have enlightened me. I have increased my scores by 10% in just the last week alone.

    Thank you all.
  2. Hedwig

    Hedwig Well-Known Member

    What state are you in? What do your state laws say about the need for collectors to be licensed? The laws vary from state to state.
  3. winndknot

    winndknot New Member

    I have checked into the state laws in depth, they MRC is not licensed. I would like to keep the state name out of the discussion, as I beleive perhaps there are some of the JDB, attorneys, CA and such matching up information. Call me paranoid if you will, but I think I've done the homework on that end.
  4. Hedwig

    Hedwig Well-Known Member

    You say they are not licensed, but that wasn't my question. Are they REQUIRED to be licensed to collect a debt?

    Keeping the state out of it will keep you from getting the proper advice, as law vary greatly from state to state.
  5. winndknot

    winndknot New Member

    yes they are required to be licensed

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