Sunday, October 25, 2009

Perkins Twp. woman fights unethical debt collection



Posted by Stefanie Marty

By MELISSA TOPEY | Wednesday, October 21, 2009 1:00 AM EDT

PERKINS TWP.

A local woman who dared to question has given a black eye to one of the nation's largest debt collection agencies.

Andrea Schwarzentraub, 32, was distraught when she opened up a certified letter to find she was being sued by Midland Funding and Midland Credit Management for an alleged credit card debt of $4,516 from 2000.

Not recognizing any of the people she supposedly owed, she questioned the lawsuit. She attempted to get answers from the collection agency with the help of Sandusky law firm Murray & Murray.

"Most people wouldn't have questioned it," Schwarzentraub said.

U.S. District Court Judge David Katz ruled that Midland Funding used an illegal affidavit to sue Schwarzentraub and others when the company attempted to collect debts. The affidavit, signed by a Midland employee, stated the employee had personal knowledge of the debt.

A year and a half later, the debt still hasn't been proven. Katz did not rule on whether the debt belongs to Schwarzentraub, a matter that could go to trial.

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