Help!COURT TOMORROW ..MOTION I can file to dismiss my case in court? Identity theft..sued by debt buyer.

Bankruptcy 2 views 3 answers
Midland funding in AZ has sued me on an fraudulent account. I answered summons by denying the account and that it was fraud..identity theft.. They kept pursuing the case. I went to pretrail and told the lawyer it was identity theft they still are pursuing the case. I sent them the police report and identity theft affidavit notarized. They Are ignoring my evidence. The original creditor has agreed with me and so have the credit reporting agencies. I go to trail tomorrow 4/29. What should I say to the justice to get him to dismiss or agree with me? Thanks for your help.

Attorney Answers

3
Blake Brewer ·
Ask the Court for a continuance to get an attorney on board. If this is an ID theft case, an experienced attorney could not only defend the case but see if there are grounds for a counter-claim or separate stand alone consumer protection case against the collection agency. You can find one on or use the link below to find one.
0 upvotes
Thomas Toft ·
If you get a continuance, as Mr. Brewer suggests, in addition to using you can also call your local lawyer referral service to find an attorney. If your case is in Maricopa County, the State Bar of AZ has that Lawyer Referral phone number on this page http://www.azbar.org/workingwithlawyers/topics/ineedlegalhelp-whatshouldido. If you call the lawyer referral number, see if you can at least get a phone consultation asap to discuss your case with a local consumer protection type attorney.
0 upvotes
Kenneth Neeley ·
Midland is infamous for this type of behavior in collection lawsuits. As recommended, try to get a continuance and find a consumer protection attorney that can get the suit dismissed and seek legal fees from Midland.
0 upvotes

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