apdub

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About apdub

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    Minnesota
  1. Would me mailing them the letter be considered serving them? Or does it require more than that?
  2. This was filed in conciliatory court. I don't have the letter on me right at the moment, but if I remember correctly there was a court case number. I'd have to double check once I get home to be certain. Do I have to just send a response to their lawyer, or do I also have to send something into the court? Should I be sending it via certified mail, or how can I prove they got my response once I send it in?
  3. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because nearly half of my paycheck is automatically taken out for health insurance for my family. I can't make changes to my insurance elections until open enrollment for next year. On top of that my student loans just went into repayment, and I have a car payment. Most of my husband's income goes to our mortgage, insurance, and other bills. I've never been taken to court before, so I'm kind of shook up and don't know what to do. Do I need to get a lawyer for this? Is there anything I have to do before the court date (August 30). Is it possible my checks could end up being garnished for this? Is there any way of me possibly being able to get more time to pay this? Any advice would be greatly appreciated. The letter I got reads as follows: ------------------------------------------------------------------------------------------ PLAINTIFF'S STATEMENT OF CLAIM 1. The Defendant(s) owe(s) Plantiff $1437.75, plus a filing fee of $78, plus an e-filing fee of $5.00 for a total of $1520.75 because: The creditor issued a credit account to the Defendant(s). Defendant(s) made purchase and/or received cash advances on the charge account number xxxxxxxxxxXXXX. The last payment made on the account was received on March 25, 2016. The account was charged off by the original creditor on November 18, 2016 with a balance of $1437.75 Midland FUnding LLC owns this account and is successor in interest to Synchrony Bank (Ashley Furniture HomeStore), for this account. Plantiff purchased the account on December 29, 2016, and is attempting to collect the debt. Defendant(s) is/are in default for failing to make payments on the charge account. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 2. The Defendant(s) has/have the following property that belongs to me ____, valued at $____, plus filing fees and costs of $______. For a total of $____. I want the Court to Order this property returned to me or make the Defendant(s) pay me money for the value of the property. 3. I believe the person(s) I am suing is/are at least 18 years old and not in the military service. 4. I understand that if I do not come on my hearing date, my case may be dismissed and I may have to pay the money to the Defendant(s) on any counterclaim that has been filed.