Two years ago my wife and I received a discharge in BK. My mother in law was on one of the accounts my wife had before we married. Midland is now sueing Mother in law forthe unpaid balanc on the account. She only has minimal Social Security income and is permanently disabled. Any guidance on what to do next would begreatly appreciated . I have answered questions below as best I can at this point.
1. Who is the named plaintiff in the suit?
Midland Funding, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Fenton & McGarvey
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
GE Capital Retail Bank Lowes
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
In person. County Process Server
7. Was the service legal as required by your state?
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
TN. Union County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
2 or 3 years ago
11. What is the SOL on the debt?
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
I will call to find this out
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Court date 3.22.2016
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits
Affidavit stating they are the current owner and successor of balance