New York Resident Being Sued

by Barbara
(Staten Island, New York)

I received a summons from Midland Funding LLC (DBA) in New York as Midland Funding of Delaware LLC. I believe they are a parent company or a subsidiary of Enroe Capital

Summons was shoved in my door. They bought a debt from Chase credit card services. They have inflated the amount. The attorney's representing them are Cohen & Slamowitz, LLP in Woodbury, NY.

I filed an answer
*denying the allegation in the compliant
*Did not received the summons properly
*Denying owing the Debt
*Denying any business relationship with Plaintiff

I received a court date. I am now trying to gather as much information on the company and there practices.

I am wondering if they are properly licensed in New York as a Debt collector.

Any help you can offer will be appreciated.

Thank you.

Comments for New York Resident Being Sued

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Aug 11, 2011
 New York Resident Being Sued
by: DebtCollection Answers.com

Sorry about your legal problem. However, it sounds like you are doing a very thorough job of preparing for your day in court. I recommend however that you take one additional step and meet with a consumer law attorney in your area who helps consumers resolve debt collection problems. The attorney can help you make sure that you have not overlooked anything, can advise you about what to do and not do when you are in court, tell you what to expect, and may also have some knowledge about the law firm representing Encore Capital that could be very valuable to you.

As to whether or not do not Encore is licensed to do business in New York State, I don't know the answer to that question. However, I think you can get an answer by calling the Secretary of State's office for New York State.

By the way, in July, the Texas State Attorney General's office filed a lawsuit against Encore alleging that the company had used falsified and inaccurate affidavits to help prove the amounts of the debts it was trying to collect from the Texas consumers it had sued. That lawsuit has not been decided yet.

Best of luck!

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