Need help with upcoming court date

[drewindebt]

Ok...a law firm -Dominion Law Associates- representing Midland Funding LLC who supposedly purchased a Citibank account. I requested validation, never received. Received a summons. Showed up for court, disputed debt. Judge set date for Bill of Particulars of 12/17. I had to have Grounds for Defense filed by 1/5. I did not receive the Bill of Particulars until 12/30. The Bill of Particulars is dated 12/28 and mailed to me and the court clerk. I filed my Grounds of Defense on 12/30 and mailed copies via certified mail on 12/30. Basically, I listed that I (nor the court) had received the Bill of Particulars so I could only answer what I knew as fact. Then proceeded to explain that I had no account with Citibank as verified with Citibank and no business with Midland Funding.

Their Bill of Particulars shows a copy of an old statement, a page of the unsigned contract showing how interest rates are calculated and payments posted and a signed letter showing the purchase of the debt from Citibank by Midland Funding. This page does not reference me or the account in question. The only thing they included that referenced me was the old statement page.

I am in Virginia and it is in General District Court.

What recourse do I have? I couldn't answer the Bill of Particulars as I didn't have it when I filed my Grounds fir Defense. They missed the judge ordered delivery date of 12/17. Can I ask the judge to dismiss because they waited until right before I was due to have my Grounds for Defense filed?

There is no Citibank account on any of my 3 credit reports.

Any suggestions on how to proceed?

[drewindebt]

Ok...maybe my post was too long.

So...one question...

Chance of successfully having judge dismiss if I go into court and point out that they filed their Bill of Particulars 2 weeks after the deadline the judge set for them to be filed?

[catleg]

I think he'll probably give you an extension to file an amended answer.

Read up on how to defend JDB suit, there are some other threads here and a few other boards. Clearly they don't have supporting docs, there are ways to do it, but I have not done so myself.

Normally they manufacture an affidavit from someone certifying the accuracy of their business records. Really most of them just want a default judgment, might be worth paying a lawyer to make an appearance just to scare them off so they know you're serious.

[halebob]

What was the verdict drewindebt?

I am in the same situation with Dominion Law and Midland funding here in Virginia. I was supposed to receive their Bill of Particulars today. I don't want to reveal my cards until they revealed theirs first. How did the judge respond to their late filing and lame response? Thanks so much!