We received a letter from Johnson Mark in November stating that they were trying to collect for a JDB and the original creditor was Capital One. They stated the last charge/paid date was December 31, 2007. We ignored the letter as this is the second JDB company that has tried to collect on this debt (let me say we have tried to work with these people and they have been SO ridiculous). We received a S&C from Johnson Mark on behalf of Midland Funding. I contacted the attorney's office the next day and asked them to verify the debt. The guy I spoke with said he would not verify anything and that I would have to send my request in writing. He asked me for my phone number and I told him I didn't want to give it to him until I knew what the debt was for. He said "Then we are done!" and hung up on me.
I sent them written notification asking for proof of the debt. I received a printed "account detail" from them but no signed contract or any real proof. I sent an answer to the court that stated that we requested proof but didn't receive it, that they lacked privity, that it is past the statute of limitations (In the state of Utah the SOL is 4 years without a signature, 6 years if there is a signature), and asked the court to dismiss it. Today we received three things from them...1. An offer of settlement 2. Certificate of Service of Discovery 3. Certificate of Service of Plaintiff's Initial Disclosures.
The Original amount of the debt was $987.81, the letter in November stated we owed $1370.48, the proof of debt we received said $1493.28, the settlement offer said $1500.32, and the certificate of service says $1750.32. They are supposedly willing the "settle" for $1144.00 or possibly $100.00 monthly payments until PIF.
In the Cert of Service they demanded that we provide them with any documents relating to the plaintiff's claims, 6 years worth of bank statements for all accounts we have, any communications we've had with the original OC (Capital One) and any documents that we may present as evidence at trial. They are also requesting that we admit that we entered into a contract with Capital One, that we used the services, that we didn't send them a dispute, that we failed to make payments, and that we are indebted to the OC and its subsequent assignee (the Plaintiff) for the balance plus interest of 10% for the last 4 years.
In this document they are also stating that Midland Funding actually bought this debt from Atlantic Credit & Finance Special Finance Unit, LLC. They are stating that the Charge off date from Capital One was 12/31/2007, the Originator last payment date was 8/9/2007 and that the ACF (Atlantic Credit) last pay date was on 2/7/08. All of which are past the SOL.
They have a section that lists individuals with discoverable information and "may" call fact witnesses and then they list 4 people including the plaintiff, the OC, and two other people that I don't know, as well as myself and anyone else they want.
First let me say - can this get any more ridiculous?! Here's my question...Do I have to supply any of the information they are requesting? It is past the SOL and they shouldn't even be able to pursue this within the court system. I think they are hoping we will slip up and they will get a default judgement. Is there anyway I can request a hearing to have this thrown out so I don't have to keep worrying that I'm going to miss something and they will get a default judgement? I've heard these guys are notorious for this garbage. Should I file a complaint with the Utah State Bar? From what I hear they have a 90% rate on getting judgements. Should I settle? Ugghhh! Help, please.