Hello.First-time poster, but certainly a long-time reader of the forums. As I indicated in the title, I only just discovered that my wife is being sued by Midland Funding LCC, and am intellectually and emotionally distraught while in a physically sickly state as well. As if things weren't bad enough. Please forgive me if parsing my thoughts and typing them here lacks eloquence. Three weeks ago, while routinely checking the mail, I came across a dubious letter offering Legal Services to our household. Incredulous as to its validity, I sit it aside for the time being. Late that same evening, I couldn't shake the intrinsic suspicion to critically examine the letter, and vet its authenticity. It was indeed a legal advertisement by a genuine law firm in Knoxville, TN. Which lead me to probe further as to what on Earth was going on. Fearing the worst, I immediately the Monroe County Circuit Court website, and searched for the case number.To my dismay, she was indeed being sued by Midland Funding LL. For the sake of clarity here, she's unaware of the suit as of yet. To complicate matters further, according to the County's Circuit Court website, scheduled hearing is set for Wednesday, the 6th 2017.Please understand, WE RECEIVED NO SUMMONS by any means. In fact, on the Court website, it expressly indicates, "SUMMONS RETURNED UNSERVED."If it weren't for my investigation into the matter, we'd have no knowledge of these events.It appears to be an all to common practice from the pages and pages I've read.With only two days remaining, time is of the essence. I beg the gracious members of these forums for any assistance they can offer in terms of what options at this juncture is available to us, and if it is worth being sought out, be it going the Pro Se route, or anything else that we can attempt to do. Mind you; my wife is unaware, and (I'd have to educate her quickly.) I have not broached the subject with as of yet. To be frank, her brother is dying of cancer, while caring for a husband that's recovering from a body ravaged by disease, by way of nutrition, while contending with the daily stressors of the general public, etc., has diminished her ability to cope. I am deeply concerned by revealing this to her without a modicum of hope, would destroy her. We are on a shoe string budget as it is. As you can see, the situation is grim.I will read whatever material you can furnish. All thoughts and suggestions are humbly welcome.Please don't refrain from sharing additional knowledge or search as to what steps to take now. Especially in light of no summons being received. I have filled out the below questionnaire to the best of my cognitive ability, and with the limited information I have.I am at a loss as to how to proceed and apologize for the length of this preface. It's all I could do while holding back tears.
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.)
Finkelstein, Kern Steinberg & Cunningham, PC according to the court website.
3. How much are you being sued for?
According to updated credit reports, $600. (Summons never received)
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
We were not served. Discovered suit through the County Court's website as indicated in the above explanation. "SUMMONS RETURNED UNSERVED"
is what the online court record reflects.
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
Unknown. Not served.
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?
Tennessee, Monroe County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
November of 2013. Still within Tennessee's statue of limitations. Though I question why they waited for this long to sue.
11. When did you open the account (looking to establish what card agreement may be applicable)?
November of 2012.
12. What is the SOL on the debt?
13. What is the status of your case? Suit served? Motions filed?
10/3/2017 SUMMONS RETURNED UNSERVED12/6/2017 12/06/2017 10:00AM SCHEDULE HEARING SET is the current status.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
16. 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?
Unknown. Never received a summons as explained above.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Unknown. Never received a summons as explained above. Court websites does indicate that an AFFIDAVIT was submitted to the court on 9/20/2017.