Jump to content


  • Posts

  • Joined

  • Last visited


  • Interests
    Taking Control of my finances!!
  • Occupation
    Tech support

Profile Fields

  • Location
    Climbing towards "A" credit

sdc2027's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)



  1. She feels that since the bill is hers, she wants to pay it off, no matter. She doesn't want to fight against what is her responsibility. Even though the summons was sent and date is on the summons, but there is no case # assigned yet. I keep calling each week... Is it possible they will not go through with the summons?
  2. She had spoken with a lawyer and since she owes on the account he told her to not answer. Can she request they drop the case as part of the settlement?
  3. Follow-up: CA/lawyer has not set up a case # yet (now past 2weeks from summons) and has recently sent out an offer to settle, but with no amount . She is of the age that since it is her debt she should pay. Because of this I want to write up a settlement letter and will go with 25% of the amount that Midland had (no extra fees) noted. I haven't pulled her credit reports yet to get the original but she says this sounds close. I'm thinking I will pull her credit reports anyway and take my time with this settlement, good idea? I am fighting her on calling them and doing everything in writing, but she sees the lawyer names and gets nervous. Anything you can advise to help me calm her down?
  4. I am getting this information for an older friend of mine. She is retired and has no income, she lives with me but brings in nothing yet because she is not old enough to get SS and she has no money from pension, husband, etc. 1. Who is suing you? Midland Credit Management 2. For how much? $688.32 3. Who is the original creditor? Fingerhut Credit advantage 4. How do you know you are being sued? Man in plain clothes, unknown if Sheriff 5. How were you served? Were you served? Served at home, all papers in an envelope, person who gave the summons asked her for her weight, height and eye color and then wrote it down. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Collection notices were sent and ignored. 7. Where do you live? Colorado 8. When is the last time you paid on this account? Unsure, She is thinking it is beyond 3 years - or more 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Nothing has been filed as of yet (summons was delivered 10/28) on 11/6 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. NO 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? YES Complaint 1. Venue is proper --- county, as the defendant is located in (same) county, Colorado --Which she is not, she is in a different county 2. The amount claimed herein does not exceed the jurisdiction of the court. 3. The amount claimed from ..., the defendant is 688.32, together with proper interest,costs and any other items allowable by the statue or specific agreement:attorney fees 4. such claim arises from the following event or transaction: failure to make payment on account with obtained by defendant 5. Upon information and belief of the plaintiff, the defendant, .... , is/are not in the military service of the United states 6. The plaintiff does not demand a trial by jury. 13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? They included a form 400 (generic) from Midland funding that is signed and notarized - coming from a 'servicer of this account' - stating that midland was owed this amount as of 3-25-2006. This was dated 3-31-2006 14. What is the SOL on the debt? 6 years but she is still within that timeframe based on the last payment she made over 3 years ago
  5. So far I have accumulated: This - http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=257800 And this - http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=257629
  6. Before I answer this summons and summit a motion to dismiss based on improper venue. Is there not something I can do with the old car company to work something out without the chance of the judge declaring a judgement and ruining my credit for another 7 years? Background: I got a loan from a car company, turned it back in, for them to resell and I would pay the difference, never found out what the difference was until I received a summary for the amount of 2100
  7. I am unsure if this info is the correct to send for a -Motion to dismiss for being outside of the jurisdiction- I belive this covers me when I submit my motion and order for where it asks for any applicable law. Am I correct? Rule 41 (1) By Defendant. For failure of a plaintiff to prosecute or to comply with these Rules or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52 (a). Unless the court in its order for dismissal otherwise specifies, a dismissal under this section ( and any dismissal not provided for in this Rule, other than a dismissal for failure to prosecute, for lack of jurisdiction, for failure to file a complaint under Rule 3, or for failure to join a party under Rule 19, operates as an adjudication upon the merits
  8. Can a motion to dismiss be within the answer of the summons? If so, I will add it in and pay my $41
  9. I finally spoke with someone again and they do have a case number. However when I answer the summons and mail back in, I am going to do what dixidrifter suggested -- try a cross claim that they are to dismiss due to lack of personal jurisdiction. The location of the auto deler isn't even in the county where I have to go for the court date Obviously I will have to mail this overnight delivery. Any other suggestions please?
  10. Bumping court found no record of this "case" Any ideas what I should do next? Should I just DV it, even though they have the proof or just write them and set up a payment system?
  11. Nascar- There is no case # in the box, just the locaton of the courtroom. Astiman- I don't believe there is a judgement yet, I will call the court to see what have officially been done
  12. I received a summons for a delinquent amount that is owed on a car I had. I do owe on it and I admit this. The OC is here is colorado CNAC that had multiple name change, but CNAC gave the loan and the summons was delivered by person (handed to my roommate, nothing signed) Two of my three credit reports show it and I haven't wanted to dispute it (sleeping dogs lie, etc). They haven't updated either reports since a 30 day from 3/03 (the last day I paid and turned back in the car)- The date it was open was 1/01. Since nothing has been done until now, I am unsure if this is a scare or an actual court order. The amount that they are filing a judgement against me is 2901.04. I have no paperwork left, unfortunately. And I received no collections on it, just went to the judgement. Court date 9/14. The Court date is for a county I don't and have never lived in, I presume it is the OC's county. I have a questionaire with the summons as well as the original signed auto loan amount with my signature. These are my questions: 1-Can I or should I set up payment arrangements with this company? 2-The lawyer is suing for the OC and not a CA, can anything be done to bypass the judgement court date? 3-If I can work something out, how should I have the OC mark my reports to limit further impact to my score? 4-I see there is no deputy clerk signature on the form only the lawyer and that the date on the form is 8/10. - Could this be a scare tactic?
  13. I was just looking for a site that might compare the companies or atleast give a run down of people's opinions.
  • Create New...