JeanMore1

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Posts posted by JeanMore1

  1. 9 minutes ago, BackFromTheDebt said:

    Exactly

     

    If they win this case, and they almost certainly will if you don't settle, then they have a decade or two to collect the debt.  At some point you will be working.  When that happens, they can, in most states, garnish your wages until the debt, plus interest, is paid off.  

    They will not contact you about a settlement.  Nor are you likely to get as good a settlement as you would have if you had settled this before filing, 

    What you can do is call them up and discuss a settlement offer with them.  There is some amount of money they would rather have upfront than waiting until you graduate and are gainfully employed.  If you pay them that amount of money, this will go away.  Make sure you have everything in writing, that they will dismiss the case and agree to permanently discharge the debt and never sell it to anyone else. 

    In the meantime, a general denial is probably a good idea.  That will buy you just enough time to settle the case, hopefully.  

    So basically I need to call them and work out a possible settlement? When I’m not in school and making money I’m sure paying it won’t be a issue. I just have nothing to my name right now except medical bills. 

  2. 26 minutes ago, BackFromTheDebt said:

    The SOL is NOT from when the account was opened.  If that were the case, you could open an account, wait until the SOL was over, and then walk away from any debt.

    The SOL is from the date of first default, which is usually about a month after the last payment on the account.  

    So if you defaulted less than 3 years ago, it is within the SOL.

     

    This is not a large amount.  You may be able to settle with them for less than the full amount.  Tough if you are a student, but the alternative is to have a judgment against you.  

     

    You say you now live in Florida.  Here is the important question.  Did you ever formally establish residency in Florida?  You say you still have an Alabama drivers license.  Students are generally considered residents of the state where they grew up, unless they have taken means to establish residency elsewhere.  For example, did you ever register to vote in Florida?  If not, and if you still have an Alabama drivers license, you are still a resident of Alabama.  

    Yeah I never established residency in Florida so I guess there is nothing I can do there. So in other words what box should I check on the paperwork. Do I check the one where I deny all claims in hopes of being offered a settlement to pay less or? Just trying to gather info on the best way to go about it as this has never happened to me.  

    If I barely make money and have no assets is there a category I can fall under that could get this dismissed? I just don’t have the funds and living off of student loans barely making it by as is. 

    I attached the picture.  

    07DB5810-89CA-412F-8102-0FA009ECAE5E.jpeg

  3. Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 

     

    1. Who is the named plaintiff in the suit? Midland Funding LLC

    2. What is the name of the law firm? Midland funding LLC

    3. How much are you being sued for? $749.38

    4. Who is the original creditor? Citi Bank

    5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 

    6. How were you served? In person.

    7. Was the service legal as required by your state? Yes.

    8. What was your correspondence (if any) with the people suing you before you think you were being sued? I receved some mail every now and then but I never answered it. 

    9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 

    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 

    11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 

    12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 

    13. What is the status of your case? Suit has been served.

    14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

    15. Did you request debt validation before the suit was filed? No.

    16. How long do you have to respond to the suit? 30 days 

    I have 14 days. No questionaire. Charges are as follows:

    Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off.

    17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

     

    see attached picture. 

    73A1F160-0558-40A3-A46A-1D713811CFC0.jpeg

     

    DA771A3C-B746-4645-87D9-D27B5D8391D9.png