momof3kids

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About momof3kids

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  1. So if I understand this correctly, even if I later have written proof that the amount was satisfied before the court entered the judgment, I don't have any standing or way to keep the judgment from appearing in my public record or later request it's removal? It just seems wrong to be penalized in that way if you manage to handle it before the court issues the order. The form you linked to (thank you!) sounds like what Midland said they would do once the debt was satisfied and makes sense if the order has already been issued but what if it's satisfied before the default judgment order is ever entered by the judge? The reason I'm doing this song and dance is that my case manager at Midland said the according to her records, the request for judgment was sent over to the court on 9/10. Then, later today when I spoke to her manager, he said that is not actually true, he said he didn't think it had been sent in to the court yet, just to the lawyer to write it up to send out to court. I don't know which one I should believe. The court records say it's still "pending" with no DJ showing. I think the manager could be lying to me to get me to pay by using the fact that they may or may not have sent it to the court yet as a carrot. ...paying the settlement in full sucks and it's ONLY worth it if 1. they haven't sent it to the court yet or 2. if they have sent it to the court, it can be reversed or removed from my public record since it was settled before the judgment was entered. If I could confirm that they have not sent it in to the court yet, I would consider paying the settled amount now to avoid anything in my public record, plus unexpected garnishments or liens in the future. If there is nothing I can do to avoid the default judgment because it's already on it's way to the court, and there is no benefit to trying to pre-empt the order, then there is no reason to pay up front that I can see, and a payment plan would be a lot easier to manage.
  2. Yes for sure, I told them I must have it in writing, I would no way never pay without one. I was just thinking that if there is a way to get the agreement and payment in before the court approves the judgment it could be worth the settlement because I will probably pay that much in interest over the next 7 years of bad credit from it anyway. BUT if that judgment will be on my credit report, there is no point in trying to come up with this money, it would be pointless and I would just do a payment plan with them instead.
  3. I just checked the court records and my case still says "pending" the court has not yet ordered the DJ. If I hurry and pay them today so the paid in full settlement pre-dates the judgment can I keep it from hitting my credit report or do something to reverse the order?
  4. None. There isn't one. Would you offer me your guidance? Should I take the payoff or do a payment plan? I don't really understand the long term effects are of each option. Obviously a payment plan is easier to handle financially but that means I will have a judgment, she said they don't report judgments but it will be on public record. Not sure how that affects me. Is it worth it to cough up that payment to avoid the Judgment or does it even really matter at this point if I do payments or payoff?
  5. I'm too late. They sent a request to the court to go ahead the the default judgement on 9/10. My only recourse is to settle at this point correct? ... what should I be holding out for that is reasonable at this point when they have me up against the ropes? I called them and at first they offered 10%/$680.06 off then $800 off, my debt is $6,880.66 so basically nothing. I offered $1,500 and she said no can do, then said I could go to $2,000 MAYBE if I asked for help from friends and family. She said that is not enough to stop the judgment but I could go for a hardship which won't stop the judgment or any legal activity and would take 21 days to qualify after I receive and return the paperwork. She said with the turnaround there is no way it would be done before the judgment was awarded and they started garnishing, etc. After that I asked her to go to her manager to request more of a break and she came back with a 25%/$1,705.66 off discount taking the total to $5,175 which will stop the judgment. She said my other option is payments for the full amount which will not stop the judgment but they won't enforce it while under a payment plan. Should I hold out for more or grab it and run OR take the payment plan? I have no idea what to expect or request at this point. Total screw up from me putting my head in the sand, I take full responsibility. Now just trying to get a deal in place before the judgment goes through and they hit my bank account.
  6. I can’t find a MTC form on the court website. Do you have one for Michigan?
  7. THANK YOU for helping me learn about this process. I'm not afraid of putting in the work, I'm afraid of making a mistake that will make my situation worse. So, no, there was not a copy of the PayPal account agreement included, does this affect what I'm sending in my answer or the Arbitration form? Working on it now, don't want to lose more days over the weekend. Late answer is still better than no answer, right?
  8. I found out my court is closed to all non-essential business, filings only by drop box or mail or delivery service. I found my case in the court search - I will attach a full copy of it here but in a nutshell it says: Court Case Status: Pending (this is good right?) Goes along with the letters I’m getting from Midland saying ‘a lawsuit has been filed against you but it’s not too late’ Date filed: 7/22/20 Midland Credit Management Inc Attorney: Smith, Elizabeth Marie Service date: 8/5/20 Later than I thought, woohoo! But still outside the days allowed...does date this count if it was just left with my husband and I wasn’t even there? I also never received it in the mail. How wonderful if I was improperly served? Question- will responding to this outside of the time frame allowed make the answer invalid and encourage them to just go for a default judgment or if my answer is in before the default judgement is given will it be honored? Case Detail.pdf
  9. Here is the Summons with all attachments. Thank you again for looking at it. Summons.pdf
  10. Thank you so much for your reply. I wasn’t personally served, I wasn’t home and my husband was given the envelope but he is not named or on the account. Does that make a difference? To answer your questions so far: The PayPal agreement was not included. I don’t know what an account stated cause of action is so not sure how to find that out to answer this question I will try to find out how to do a docket search. I will scan the documents in and attach them shortly.
  11. HI!  I'm so happy to have found you and this forum.  I really hope you will take a look at my situation and offer some guidance.

    I'm in Michigan and in a tight spot with an overdue(?) answer to a summons from Midland.  I am learning as fast as I can but wondering if I am over the time limit to file an answer and/or Motion for Arbitration. I was served at home somewhere around 8/1, I didn't write the date, I was horrified and couldn't get myself to even look at the paperwork for a week.  I went totally turtle on it. Then I reached out to a family law attorney friend to ask for help and he said to just reach out to Midland and settle.   It just didn't feel right to do that and I'll be honest, I was afraid to talk to them so more time ticked by.

    Midland is still sending me letters saying that I am being sued but it's not too late to work something out with them. 

    Is it too late to answer or is there a gray area around the dates, especially with covid? The summons says 21 days if served one way or 28 days if you are served a different way... didn't really seem definitive. We are now at Sept 10 and I'm worried about going through another weekend. I would like to take some form of action before I get a default judgement.

    Thoughts?

    1. momof3kids

      momof3kids

      Sorry, I guess I should tell you that the original creditor is PayPal Mastercard/PayPal Credit and the amount is $6800.  The complaint came with a bunch of stuff like statements, account info, affidavits regarding transfer of ownership. 

      The debt is only 1 1/2 years old so in SOL.

  12. I was served a summons from Midland Credit Mangement for a PayPal Mastercard debt of $6,800 on approximately 8/1??. I reached out to my attorney who didn't get back to me for a long time due to Covid reasons. He basically told me to call them and settle, I don't know the exact date I was served, I can't find anything with a date on it except the summons expiration date which isn't until the end of October. I am a newby and I misunderstood that to mean I had more time. Should I still file an answer? Is there some time leeway right now during covid? I was thinking about pursuing the arbitration method but if I messed up and it's too late anyway, not sure what to do. Please help... Thank you!!!!!!
  13. What should I do first then? This debt in 1 year old so well within SOL. I received a summons around 8/1, sent it to an attorney friend who said I should just call them and settle... I was afraid to call so I didn't. Then received a letter 8/20 (that was dated 8/13) from Midland Credit Management that says "A Lawsuit has been Filed Against You" saying that it's not too late, call us to discuss your options and that if they "are unable to resolve the matter voluntarily, they may seek a judgement against me." I'm lost as to what to do next, afraid to call, afraid not to call, timeline is freaking me out. Summons Info: Midland Credit Mangement Inc. PO BOX 1628, Warren, MI 48090 Boxes checked for Civil Case: There is no other pending or resolved civil action arising out of the sam transaction or occurrence as alleged in the complaint. The complaint says that Midland owns it, has not been able to get a response from me despite best efforts, outlines details of the OC - Synchrony Bank previously known as GE Capital Retail Bank Attachments to complaint: Purchase of account Affidavit, Statement of Account and Bill of Sale/Conveyance/assignment of all rights, Certificate of Conformity, Account Statements, Account info. Hope this is the write forum to post this in... newby here, sorry!