crystal_2010

I have no idea if I made the last payment or not. That's part of the problem. Spoke with Citi finally who said I had the account (via telephone). But with this account being from years ago, I have no specific recollection. I also have no record of any such payment or credit report history on this account. I'm wondering if this was on my credit report at some point, and fell off due to the 7 yr limit. If that's the case, I would assume it's beyond the SOL. Is there any way of finding out about things that have fell off your report?

So for my first step, It sounds as though I need to send a letter electing arbitration to both the lawyers, Midland, and the courts. Correct? And, then send an answer?? I've read and re-read so many posts and it seems this is what I should be doing. Here is what I need further help with. 1. I cannot find an agreement for Citi from 2004 (year acct is said to be opened). The current agreement Citi has online includes arbitration with JAMS. So I would guess the old one does also, but can't locate it. Any help or suggestions would be greatly appreciated as I'm running out of time. 2. If I do need to send an answer to the summons, how do I need to go about this?? Reading the posts, they all talk about answering each paragraph. Well, my letter has basically two sentences that aren't numbered at all. It's so general, it has me thrown for a loop. I included everything in my letters above. 3. Also, do I need to include affirmative defenses?? Some people say you should and others say to be very weary due to varying state law. Indiana law, as I've read over and over, also doesn't seem to give me direct insight as to what is allowable, etc. I'm really trying to get ahead of this, as I received the papers on Saturday the 23rd. Want to get things mailed today or at the latest, tomorrow morning. Please help in any way you can! Thanks everyone!!

I have no idea who made the last payment. I don't even know that this information regarding the last payment is accurate. Citibank is not on my credit report at all. I spoke with someone as Citibank today and they couldn't provide me with any information, just to refer me back to Midland.

Yes, I started a thread and added all pertinent info and things I could find. http://www.creditinfocenter.com/community/topic/319281-just-served-summons-by-midland/

No it wasn't in just his name. Some of the debts were in both names and others in just mine or his. When we divorced everything was divided in the decree. However, unfortunately, bankruptcy is federal and trumps all divorce papers/court rulings. They are not coming after me for any of the debt that was his only. The problem is just that the divorce was over 6yrs ago and since he didn't pay a dime on his portions during the past 6 yrs, those debts that originally had my name on them are all becoming my problem since the bankruptcy. The interest and all... I've spoke to several attorneys on this matter. And, I keep getting the whole federal trumps story. So, I'm just going to start chipping away at it. I'm in a position to handle those that are completely legit and not asking for an absurd amount. I just don't want to screw myself. Especially when some are reaching the SOL and the end of reporting periods.

The claim/complaint is very general and is as follows: Defendant(s) The said Plaintiff complains of the defendant and says: That the defendant is indebted to the Plaintiff for reasons stated herein for unpaid balance due Midland Funding LLC as assignee of Citibank. Wherefore, plaintiff asks judgment for $1000.00 plus accrued interest and/or late charge in the amount of XX, additional interest at the rate of X% from September 28,2012, reasonable attorney fees in the amount of XX and costs with relief. There are no other reasons stated within. The only thing I can think that they may be referring to is the info within the affidavit, which I'm reposting below. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. (NAME)... Defendant has an account balance of $1000.00, which is owed to the plaintiff on account ##. The account was opened on 2004-05-19. The last payment posted to the account on 2007-07-27 in the amount of $74.91. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 (I have no way of knowing if this last payment is accurate. I show no history from Citibank on my credit report. Not a closed account, collection... Nada! According to credit report, Midland didn't "open" the account until 2/20/2009.)

I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013. Due to a recent move, I didn't receive this letter until 2/4/2013. Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and Midland and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally?? 1. Who is the named plaintiff in the suit? Midland assignee of Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bowman, Heintz & Vician 3. How much are you being sued for? Just under $1000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons/claim via US mail 6. How were you served? (Mail, In person, Notice on door) Mail 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? Yes, a very general letter with no $$ amount or acct information dated 1/24/13 9. What state and county do you live in? Indiana (marion county) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/27/2007 11. What is the SOL on the debt? To find out: 6 yrs 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no, the original creditor doesn't appear on any of my credit reports. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. 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? I was given a court date only. 3/21/2013. Indiana law says you can counter the suit, but there is no requirement to answer... Not sure what the next step is. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Just the prior mentioned affidavit. Questions... I've been reading threads all day and have found some great information and valuable knowledge. I've also looked into Indiana Civil Procedure. The court says I don't need to answer the summons, just come to court. I feel as though I need to answer, and from looking at Indiana law, I think that is allowable. I'm having a hard time figuring out all the legal jargon. Furthermore, if I answer, do I need to back up the answer with documentation, counterclaims, etc. The threads begin to counter one another on the topic of what to do first. I don't want to shuffle things around and leave the burden of proof on myself!! I want to get this process rolling ASAP as I will be starting on a few more cases BEFORE suit is filed. Most of the cases are very close to the SOL since they were originally the responsibility of my ex-husband (in divorce decree), who recently filed bankruptcy. Thus, I am now just beginning the battle. Thanks for all the great information on this forum. Any further help would be greatly appreciated!!

1. Who is the named plaintiff in the suit? Midland assignee of Citibank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bowman, Heintz & Vician 3. How much are you being sued for? Just under $1000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons/claim via US mail 6. How were you served? (Mail, In person, Notice on door) Mail 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? Yes, a very general letter with no $$ amount or acct information dated 1/24/13 9. What state and county do you live in? Indiana (marion county) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/27/2007 11. What is the SOL on the debt? To find out: 6 yrs 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. 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? I was given a court date only. 3/21/2013. Indiana law says you can counter the suit, but there is no requirement to answer... Not sure what the next step is. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only an affidavit which is included in its entirety in my first post.

I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013 Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what?? I've read some horrible things about this law firm and MCM and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. Also, If I settle, will it still be filed as a public record on my report? Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally??

I am having the exact issue with the same law firm: Received a Notice of Claim/Summons on Saturday 2/23/2013 stating, The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. I received via regular mail and the service requested was personal. (Not sure if this matters). Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt. Affidavit of debt reads as follows: (Also not notorized). I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf. 1. Defendant has an account balance of $$, which is owed to Plaintiff on account ####. a. The type of account is a credit card (Issuing company: CitiBank) 2. The plaintiff has obtained this debt from CitiBank (South Dakota). 3. The account balance includes MCM's records that there are no late fees after 2/20/09 ------ The summons was issued 2/11/2013 The first letter I received from this law firm was dated 1/24/2013 Affidavit dated 1/5/2013 The amount is just under $1000.00 I could pay it off and just settle but I'm not sure I should. First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! Now what??