Date Received: 2021-06-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I never had a record with this authority/leaser. I attempted to get in touch with you a few times and request verification of possession however you neglected to send me the important documentation to demonstrate that I actually own this record.
Company Response:
State: CA
Zip: 93703
Submitted Via: Web
Date Sent: 2021-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-22
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Be advised that your debt claim is XXXXISPUTED and VALIDATION is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I XXXX XXXX have the right to demand validation of the debt you say I owe you. I XXXX XXXX demand proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding me to a debt. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. An alleged court order is NOT a VALIDATION OF DEBT [ Spears v. Brennan 745 N.E.2d 862 ( Ind.App. 2001 ) ]. I XXXX XXXX demand that your offices provide me with competent evidence that I have any legal obligation to pay you. VALIDATION OF UNDERTAKING YOU MUST PRODUCE THE ORIGINAL CONTRACT ( for Inspection ) EXTENDING CREDIT TO YOUR NAME, FRONT AND BACK PAGES, WITH MY ORIGINAL WET INK SIGNATURE ( certified copies ) IN RESPECT TO THE ALLEGED CONTRACT AND STATE FOR THE RECORD WHO THE ALLEGED ORIGINAL CREDITOR WAS OR CURRENT HOLDER OF ORIGINAL CONTRACT IS BASED ON THE PRECEEDING LAW PROOF OF A VALID COURT ORDER BY PROVIDING THE NAME OF THE ISSUING JUDICIAL OFFICER PURSUANT TO CORAM NON JUDICE FEDERAL RULE 60 ( B ) ( 4 ). NON-JUDICIAL PERSON NOT A JUDGE OR CORAM NON-JUDICE IS VOID FOR LACK OF DUE PROCESS. JUDGMENTS CORAM NON JUDICE ARE VOID AND MUST BE VOIDED BY THIS COURT UNDER EQUAL PROTECTION OF LAW UNDER 14TH AMENDMENT. [ The proposition that the judgment of a court lacking jurisdiction is void traces back to the English Year Books, see Bowser v. Collins, Y. B. Mich. 22 Edw. IV, f. 30, pl. 11, 145 Eng. Rep. 97 ( Ex. Ch. 1482 ), and was made settled law by Lord Coke in Case of the Marshalsea, 10 Coke Rep. 68b, 77a, 77 Eng. Rep. 1027, 1041 ( K. B. 1612 ). Traditionally that proposition was embodied in the phrase coram non judice, " before a person not a judge '' meaning, in effect, that the proceeding in question was not a judicial proceeding because lawful judicial authority was not present, and could therefore not yield a judgment.American courts invalidated, or denied recognition to, judgments that violatedthis common-law principle long before the Fourteenth Amendment was adopted. See, e. g., Grumon v. Raymond, 1 Conn. 40 ( 1814 ) ; Picquet v. Swan, 19 F. Cas. 609 ( No. 11,134 ) ( CC Mass. 1828 ) ; Dunn v. Dunn, 4 Paige 425 ( N. Y. Ch. 1834 ) ; Evans v. Instine, 7 Ohio 273 ( 1835 ) ; Steel v. Smith, 7 Watts & Serg. 447 ( Pa. 1844 ) ; Boswell 's Lessee v. Otis, 9 How. 336, 350 ( 1850 ). In Pennoyer v. Neff, 95 U. S. 714, 732 ( 1878 ), we announced that the judgment of a court lacking personal jurisdiction violated the Due Process Clause of the Fourteenth Amendment as well. Burnham v. Superior Court of Cal. , County of Marin , 495 US 604 - Supreme Court 1990 ] NAME OF CLERK WHO SIGNED AND ENTERED COURT ORDERED MONEY JUDGMENT AS REQUIRED BY 28 USC SECTION 1691 [ A DEPUTY CLERK IS NOT A JUDICIAL SIGNATURE AND ANY DOCUMENT SIGNED BY DEPUTY CLERK IS VOID FOR NOT COMPLYING WITH LAW UNDER UNITED STATES CODE UNDER 28 USC SECTION 1691 PURSUANT -Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 hn. 1 9th Cir. 1968ams/css/child_support_glossary.pdf FURTHER, THIS ENTITY CAN NOT RELY UPON A CLAIM THAT A COURT ORDER IS ORDERING YOUR NAME TO PAY AN ALLEGED DEBT UNLESS THIS COURT ORDER IS A COMPLETED SEAL OF TESTE PROCESS IN ACCORDANCE WITH 28 USC SECTION 1691 WHICH READS All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof. FURTHER THE COURTS HAVE HELD THAT ANY WRIT COMING FROM A COURT MUST HAVE A JUDICIAL SIGNATURE OR IT IS VOID FOR LACK OF JUDICIAL SIGNATURE. [ Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 " the injunction signed only by a deputy clerk of the District Court is void '' for want of a judicial signature. Section 1691 of Title 28, U.S.C. ] PROOF OF A MONEY JUDGMENT WITH CLERKS OFFICE AS REQUIRED BY CCP SECTION 1250.150 The plaintiff, at the time of the commencement of the proceeding, shall record a notice of the pendency of the proceeding in the office of the county recorder of any county in which property described in the complaint is located. A copy of the notice shall be served with the summons and complaint. - See more at : XXXX XXXX XXXX XXXX XXXX ALL LAWS PROTECTING EMPLOYEE ( S ) FROM LAWSUITS ARE UNDER PRESUMPTION THE EMPLOYEE ( S ) ARE COMPLYING WITH THE UNITED STATES CONSTITUTION WHEREBY ANY ACTION IN VIOLATION REMOVES QUALIFIED OR JUDICIAL IMMUNITY UNDER A UNITED STATE SUPREME COURT DECISION SCHEURER V RHODES [ Scheuer v. Rhodes, 416 U.S. 232 ( 1974 ) when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States. ] CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : 1. Discovery of Evidence Discovery of original undertaking that bears the wet ink signature of the alleged debtor promising to pay the original creditor. 2. Discovery of Evidence Discovery of true copy of legally enforceable court order containing judicial signatures in accordance with FEDERAL RULE 60 ( B ) ( 4 ) and 28 USC Section 1691 for without a court order for without a complete court order money judgment this is an alleged debt under FDCPA requiring VALIDATION when commanded to validate debt or SEIZE ALL COLLECTION METHODS. 3. Discovery of Evidence Discovery of the Money Judgment recorded and entered with County Clerk in accordance with California Code of Civil Procedure Section 1250.150. 4. Discovery of Evidence Discovery of a true copy of a Writ of Execution and Writ ofGarnishment issued by court of competent jurisdiction and recorded and entered with a County Clerk in accordance with California Code of Civil Procedure Section 1250.150. 5. Discovery of Evidence The undersigned demands Discovery of a true copy of an alleged court order or writ of execution authorizing this office/collection organization to issue an income withholding order for wage garnishment. Please refrain from referring the undersigned to the court of issuance or clerk of the court. 6. Discovery of Evidence Agreement with your client that grants you the authority to collect on this alleged debt. 7. Discovery of Evidence Discovery of name and address of original alleged creditor. 8. Discovery of Evidence Discovery of Any Jud gments obtained by any creditor regarding this account. 9. Discovery of Evidence Discovery of name on file of alleged debtor. 10. Discovery of Evidence Discovery of address on file for alleged debtor. 11. Discovery of Evidence Discovery of alleged account number. 12. Discovery of Evidence Discovery of amount of alleged debt. 13. Discovery of Evidence Disco very of date this alleged debt became payable. 14. Discovery of Evidence Discovery of date of original charge off or delinquency. 15. Discovery of Evidence Discovery of Any insurance claims been made by any creditor regarding this account. 16. Discovery of Evidence Discovery of VALIDATION that this debt was assigned or sold to collector. 17. Discovery of Evidence Discovery of complete accounting of alleged debt. 18. Discovery of Evidence Discovery of commission for this office/debt collector if collection efforts are successful and if such commission has been added to the alleged debt. 19. Discovery of Evidence Discovery of VALIDATION that your collection practices are legally in accordance with California Code of Civil Procedure Section 337.2. 20. Discovery of Evidence Provide a statement certifying that you did not breach any federal state contractual commercial or official oath or laws in carrying out the alleged contract and associated transactions. 21. Discovery of Evidence Certify that you did not unlawfully without my consent use my signature to materially alter, falsely endorse, stamp or convert any contract bearing my name or signature, into a security, in order to convert my contract into assets, or gain assets from a third party. You MUST Certify and prove that you are an actual LENDER and that you did not commit any action that would preclude that you used my identity in a fraudulent or illegal manner in Violation of Law and ( FEDERAL TRADE COMMISSION ( FTC ) Policy, yourself or in collusion with a third party or additional parties. You are bound by law to provide this information upon a request pursuant to FOIA USC 5section 552 and the Fair Debt Collections Practices Act along with the aforementioned laws. Please provide the name and address of the bonding agent for COLLECTIONAGENCY in case legal actio n becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for VALIDATION made pursuant to the Fair Debt Collection Practices Act 15 USC 1692g Sec. 809 ( b ) of the FDCPA. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. At this time I will also inform you that if your offices have or continue to report invalidated information on my credit report, this action will constitute fraud, forgery, perjury, and extortionunder both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit report by you or the company you represent, I will pursue legal actions against you and your client for the following : Fraud, Forgery, Perjury, Extortion, Violation of the Fair Debt Collection Practices Act and Defamation of Character. If your offices fail to respond to this VALIDATION request within 30 days from the date of your receipt, THIS UNVALID NEGATIVE ACCOUNT MUST BE REMOVED IMMEDIATELY, andall references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. Please refrain from responding in excessive legalese or any attorney stalling practices by objecting to fairly simple requests alleging the receiver of the VALIDATION OF DEBT does not understand. This is a very easy process of discovery, whereby the undersigned is simply seeking discovery of evidence and disclosure of this organizations policy with regard to the collection of an alleged debt to ascertain if rights guaranteed by the US Constitution Bill of Rights were violated. Best Regards, XXXX XXXX
Company Response:
State: FL
Zip: 322XX
Submitted Via: Web
Date Sent: 2021-06-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: As of XXXX XXXX I contacted both the company XXXX XXXXXXXX XXXX and Midland credit management I was trying to get information on the account that states i owe {$1000.00} to XXXXXXXX XXXX XXXX But they failed to disclose any information because they sold the account and the information with it as well as personal information to midland credit management. I contacted midland credit management and one of the representatives told me that a transaction was made with the card which i never owned and the transaction took place in XXXX, Fl on XX/XX/XXXX and many more transactions were made during that time as well. Midland credit management representative stated he could not send me a complete list of the transactions even though i requested that list, in my defense i stated i never owned a XXXX XXXX credit card nor was aware that an account was opened in my name.
Company Response:
State: GA
Zip: 31406
Submitted Via: Web
Date Sent: 2021-06-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: My husband had a credit card for XXXX XXXX and the account was discharged in a Bankruptcy. XXXXXXXX XXXX sold the account to Midland Credit and now they are trying to collect from me for the same amount that was discharged. My husband s lawyer had contacted Midland Credit and they then removed it from my credit report. Now they are again trying to collect from me and are sending me notices. What do we have to do to get them to stop? This is the 2nd time I am dealing with this same issue. Please help.
Company Response:
State: WI
Zip: 530XX
Submitted Via: Web
Date Sent: 2021-06-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: Someone used my information to obtain a credit card account that I was not aware of. I did not apply for a XXXX XXXX card. Someone must have used my name to get it. I am from XXXX Hawaii and all these transactions are from different states. For example : XXXX XXXX XXXX IN. {$50.00} XXXX XXXX. XXXX, IN. {$32.00} XXXX XXXX, XXXX {$12.00} XXXX XXXX, PA. {$20.00} XXXX XXXX XXXX, PA {$10.00} XXXX XXXX XXXX, PA. {$23.00} XXXXXXXX XXXX IL. {$8.00} XXXX XXXX. {$20.00} XXXX XXXX. {$33.00} XXXX. XXXX, TX. {$28.00} This is just a few of them, there is more. This is not my credit card. Total owes from Midland Credit Management is {$970.00}
Company Response:
State: HI
Zip: 96707
Submitted Via: Web
Date Sent: 2021-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Midland Credit Management , Inc has damaged me being NEGLIGENT AND UNFAIR. Your company has committed the following damages {$10000.00} : failure to get mortgage, paying higher rates on loans, failure to secure funding, psychological hardship and suffering through loss of sleep and anxiety. This was a XXXX XXXX account. It was a business debt, XXXXXXXX XXXX never produced a signed contract, it was not labile. Also, the account is being re-aged. I DEMAND : THE DEBT BE FORGIVEN AND THAT MIDLAND SENDS A RELEASE OF LIABILITY TO MY EMAIL. Account information below : Account number : XXXX, date Opened : XX/XX/2020, credit Limit : {$2000.00}, original creditor : XXXX XXXX XXXX XXXX XXXX I have made my research and your company is committing multiple violations to the CCRA. Please read them carefully. I need you to take this matter seriously : Re-aging account Reporting account without a signed contract with original creditor. Negligence Unfair business practices Based on all the damages and violations that I have been through I demand to get the account removed from my records. I give you a deadline of 30 days to delete the account from my reports and a release of liability.
Company Response:
State: CA
Zip: 90005
Submitted Via: Web
Date Sent: 2021-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Midland Funding said I owed a debt that was not my debt. I contacted them to let them know it was not my debt. This was in XXXX. They filed a lawsuit against me and I showed up in court. They did not show up, so the judge said to reschedule the court date. I did not receive notice of another court date. I did not receive any other correspondence from Midland Funding or from the court system. My employer received a letter from XXXX XXXX XXXX in reference to Midland Funding with information to garnish my wages. I did not receive any information from Midland Funding or from XXXX XXXX XXXX about this. The letter to my employer had the correct address, but the employer 's name was incorrect. It had a former employer of mine listed instead of my current employer. In the letter to my former employer ( that was sent to my current employer ), it had where there was a court case filed against me on XX/XX/XXXX. I had no knowledge of this at all. I was not served papers, I received nothing in the mail, and I received absolutely no notification of this action taken against me. I was not aware anything was filed in XXXX until I received a copy of the information XXXX XXXX XXXX sent my employer on XX/XX/XXXX. The initial debt was not even my debt and I am still dealing with this 4 years later. Correspondence with the companies has been terrible. I have recently separated from my husband and I am in the process of getting a divorce. I went from a two income family to being a single parent of XXXX children. Both children are beginning college in the fall. If Midland Funding/XXXX XXXX XXXX garnish my wages, this will cause undue hardship on me. I do not have the ability to pay this debt, and it is not even my debt. Midland Funding and XXXX XXXX XXXX have not followed the laws in that they have not had clear communication with me. They have gone behind my back and filed a lawsuit that I knew nothing about for 4 years. I would also like to know if the statute of limitations can go into effect with my case.
Company Response:
State: AR
Zip: 718XX
Submitted Via: Web
Date Sent: 2021-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In XX/XX/XXXX I contacted XXXX XXXX XXXX # XXXX about my ex husbands account reporting on my credit report. I was an authorized user, not a borrower, so this should not be reporting on my credit. I contacted XXXX XXXX to dispute it and because i was not able to provide the full account number, they stated they couldn't do anything or even pull it up. This debt was sold to Midland Funding LLC, who i have contacted to remove it from my credit and they put me on hold and transfer me around but refuse to address the issue. When my banker went to pull my credit today and sent it to me, I see that they never removed it as the FCRA regulation requires them to as I am not the owner of the account. I am asking that you get them to remove this as they refused to help me. This was my ex 's account so I did not have the full account numbers. This is a UDAAP violation as this is unfair and they were deceptive when I was added as a authorized signer. On my credit it is showing as opened XX/XX/XXXX and closed XX/XX/XXXX, with a charged off balance of {$580.00}.
Company Response:
State: SD
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX XXXX alleged that I owed a credit card debt for {$1500.00}. I disputed it and they removed it from my credit report and stated I do not owe them on XX/XX/2021 due to identity theft. However, they sold the debt to a debt collection company, Midland Credit Management on XXXX XXXX, whom I have also explained that I do not owe this debt. Exhibit 1 and 2 are attached. I demand remedy from both companies for breach of my privacy rights as a consumer, reporting inaccurate information and causing mental harm over stressing about this situation that they caused. It is negatively affecting my employment and other financial necessities.
Company Response:
State: GA
Zip: 30312
Submitted Via: Web
Date Sent: 2021-06-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-06-20
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I sent a Validation letter to Midland Funding located at XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX Mi XXXX. I asked them to provide me with the following information : Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter. What is your authorization of law for your collection of information? What is your authorization of law for your collection of this alleged debt? Please evidence your authorization to do business or operate in this state. Please evident proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. Please provide a complete account history, including any charges added for collection activity. In return they sent a bill from another company that had nothing to do with what was requested. I contacted the credit bureaus and they failed to re investigate this matter. It is affecting my credit profile in a major way
Company Response:
State: CA
Zip: 92394
Submitted Via: Web
Date Sent: 2021-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A