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Found 11 results

  1. I have a situation with Midland and Barclays very similar to another thread I’ve seen here but I've already answered with something I found elsewhere online. Using the TurboCourt.com form I responded to my summons with the below statement: Responding party objects to this request on the ground that it is vague, ambiguous, unintelligible, and lacks adequate supporting documentation. The plaintiff has not proven the debt is valid of Defendant, or the amount of the debt is accurate. Defendant insists that the plaintiff provided the original signed contract agreement, account statements, purchase receipts, and account balances from zero to present balance for said account. Furthermore, Defendant denies every other allegation because request calls for admission of matter Defendant denies and thus it is improper. Since filing my answer I have received a Disclosure Statement, Motion for Summary Judgment, and several other documents. I’ve attached a redacted copy of all documents, excluding the 50 some odd pages of statements. I am unsure of what to do next. Can I still respond with arbitration as was advised on the thread I linked above or is it too late for that or not advised at this time? I would like to fight this if possible as I believe this is a fraudulent debt. Please see my answers to the needed questions. Thanks for any assistance. 1. Who is the named plaintiff in the suit? - Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Peter M. Balsino 012049, Brian Stanley 031319, Brandon C. Holub 030533, Daniel W. Hoffman 030890 - Tempe, AZ 3. How much are you being sued for? - $1857 4. Who is the original creditor? (if not the Plaintiff) - Barclays Bank Delaware 5. How do you know you are being sued? (You were served, right?) - Served at home 6. How were you served? (Mail, In person, Notice on door) - 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? - None 9. What state and county do you live in? - Cochise, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 8/25/2014 is what is claimed 11. What is the SOL on the debt? To find out: - 6 years 12. What is the status of your case? Suit served? Motions filed? - This is the most current info, not sure what it means with a date in the future? - 9/3/2017 CAL: TKL 90 DAYS IMP.DISMISSAL - 8/7/2017 CAL: TKL FILE TO SEND TO ADR - 7/19/2017 MOTION FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No, wasn’t aware of it until served 14. Did you request debt validation before the suit was filed? - 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? - Received response to my answer after being out of town, it’s dated July 14, 2017, but I was out of town until last week, July 26, 2017 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Disclosure Statement, Motion for Summary Judgment, and several other documents I’ve attached redacted copy. Midland_Suit(redacted).pdf
  2. 1. who is the named plaintiff in the suit? MIDLAND FUNDING 2. what is the name of the firm handling the suit? 3. how much are you being sued for? 4. who is the original creditor?(if not the plaintiff) DILLARDS 5. How do you know you are being sued? (you were served, right?) YES I WAS SERVED IN PERSON 6. how were you served? IN PERSON 7. was the service legal as required by your state law? YES 8. what was your correspondence (if any) by the people suing you before you think you were being sued? I FOUND AN OLD LETTER BUT FROM ASSET BEFORE MIDLAND BOUGHT THEM (NONE THAT I CAN RECALL FROM MIDLAND FUNDING) 9. what state and county do you live in? MARICOPA COUNTY-ARIZONA 10. when is the last time you paid on the account? (looking to establish if you are outside the statue of limitations) FROM LOOKING AT A CREDIT REPORT IT LOOKS LIKE MAYBE 07/11 OR 11/11 11. What is the statue of limitations on the debt? ALTHOUGH IT WAS A STORE CREDIT CARD (I COULD ONLY USE IT AT DILLARDS) I BELIEVE IT IS 6YRS 12. what is the status of your case? suit served? motion filed? I HAVE NOT FILED MY ANSWER YET I AM STILL WITH IN THE 20 DAYS TO DO SO ...WHICH IS WHY I AM HERE LOOKING FOR GUIDANCE 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? NO 15. how long do you have to response to suit? 20 CALENDER DAYS FROM THE DAY I WAS SERVED 16. what evidence did they send with the summons? an affidavit? statements from the oc? contract? list anything they attached as exhibits. NO, THEY DID NOT ATTACH ANYTHING ALL I GOT WAS A SUMMONS AND COMPLAINT. Here are the allegations. 1. plaintiff is a foreign entity, 2. defendant is are husband and wife and reside in Maricopa county,az (goes into our state being a community state etc) if the debt is pre-marital debt, the non debtor spouse is joined only as a necessary party pursuant (I am not married) 3. the court has subject matter and personal jurisdiction. 4. all pertinent acts and omissions giving rise to this lawsuit occurred in Maricopa county,az. 5. all conditions precedent to plaintiff rights of recovery have occurred. 6. by accepting and using an offered extension of credit, defendant entered into a credit agreement with GE CAPITOL RETAIL BANK DILLARD S under account number ending in XXXX (they actually provided ending numbers) and agreed to the applicable terms and conditions of that credit agreement (the "debt"). Plaintiff is the successor-in-interest ("Holder") of the Debt. 7. Defendant(s) (is)(are) in default under the terms of the Debt. The present amount owned under the terms of the Debt, after all setoffs, is $904.81 8. Despite demand to do so, Defendant (s) (has)(have) failed to pay the amount owed. 9. the acts and omissions of Defendant(s) constitute a breach of contract. The Holder has been damaged thereby. WHEREFOR, Plaintiff prays as follows: 1. For Judgment against the Defendant(s) in the sum of the principal balance of $904.81, minus any payments made; 2. For cost incurred herein; and 3. For such other and further relief as the Court deems just and proper. PLEASE HELP...I have read so many different things on the post that I am confused as to how to approach this. I have seen people say Arbitration is the only route to go, My case is in civil court since the amount is less than 10k. I have read that if I am choosing arb I should 1. mail a letter to the attorney 2. then file my answer denying jurisdiction with a copy of the letter I sent (I do not have a copy of the credit card agreement so would I need to wait for the attorney to send me a copy?) 3. after filing my answer I should wait for 2 things to happen? 1. they need to give me a copy of the agreement 2. they need to deny arbitration or ignore my letter? if I get a refusal to arbitrate response from the attorney do they HAVE to give me a copy of the agreement?? If they DO NOT give me a copy how do I proceed? Again I am really new to this I have been reading every article I can so I have some knowledge (nothing great) on what the process is.. I do not know how I could use this but I read the CFPB took action against Midland Funding and there is a consent order on them in the article it calls for having Midland Funding go on the record as to the steps they took to validate the information on the account prior to submitting the lawsuit (if you google John Skiba a debt lawyer in az and go to his website and click on the blogs-it was posted on sept 9 2015 under the title "MIDLAND FUNDING AND PORTFOLIO RECOVERY ASSOCIATES SLAMMED BY CONSUMER FINANCIAL PROTECTION BUREA) PLEASE IF ANYONE CAN HELP OR PROVIDE GUIDANCE IT WILL BE GREATLY APPRECIATED!!! MY 20 DAYS ARE CLOSING FAST AND I DO NOT WANT TO GO THE WRONG PATH. THANK YOU IN ADVANCE
  3. Hey guys, I'm clueless about the JRCP as they pertain Midland Funding LLC's pending case against me here in Maricopa County, AZ. Specifically, I'm hesitant to attempt to file an amended Answer and move to Compel Arbitration at this point because as I understand a MTC Arbitration requires me admitting to being a party to the original Credit One Bank cardholder agreement they show being established under my name back in 2015. It's been just more than 40 days now since I filed my Answer in which I denied knowing anything about the account and earlier this week the Judge dismissed my Counterclaim (Plaintiff's counsel likened my affirmative defenses to throwing spaghetti at a wall and seeing what might stick in their Response and Motion), so what is the likelihood that a MTC Arbitration would even help me? Also, if arbitration is granted and Midland follows and prevails can I still file Chapter 7 in the future to have any award discharged? I broke out in shingles stressing over all this and I'm only in my thirties! I wish Midland would leave me alone because I have no nonexempt assets or wages for them to collect making this whole process is a complete waste of resources. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm P.C. (formerly known as Gurstel Chargo P.A.) 3. How much are you being sued for? <$850.00 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank *account opened in 2015 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? I was properly served 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact, never heard of them until served 9. What state and county do you live in? AZ - Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never paid, but the account is over 2 years old based on dates listed in the Complaint 11. What is the SOL on the debt? 6 years 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). Current case status listed online is Adjudicated. Pretrial scheduled to take place in about 30 days 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. MIDLAND lists charges as follows: Count 1 Breach of Contract and Count 2 Account Stated Did you receive an interrogatory (questionnaire) regarding the lawsuit? No interrogatory. Already filed an Answer denying everything except my name, address, proper venue, court jurisdiction over the matter as the amount is less than $10k, and prevailing party should be awarded all costs. I filed a Counterclaim at the same time I filed my Answer. Counterclaims were affirmative defenses of Laches, Lack of Standing, Statute of Frauds, Unjust Enrichment, Failure to provide copies of contract/statement(s)/etc., and of course that I reserve the right to amend my answers, defenses, and claims at a later date. All of this before I came across your helpful website.... 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There was no evidence attached to the Summons and Complaint. No evidence has been provided to me and the attorney has filed Motions to substitute counsel, appear telephonically, and to dismiss my counterclaims. I haven't completed the Disclosure form that the court sent me in the mail but it will be due soon.
  4. Hi all, I am asking for assistance as I do not know what I am doing. I am being sue for $3500 from midland funding over a debt that they purchased from a Barclaycard. I have tried to negotiate with them over the past week, but I only have 20 days to reply to the court with my answer regarding this case. All of the settlement options that they are suggesting are unrealistic for my current income (my partner just left his job and I am paying for both of our bills). Should I turn in an answer just I case we aren't able to settle in time? can someone help me write the answer? how to I get a better settlement? I first offered $500 on the spot as I had that much, they denied it and then said they would take $3000. I told them I could do $750 if they wait until Friday, and they came back at me with $3000 over three months. I can't afford that, not even a little. Any suggestions? case number [deleted for privacy reasons]
  5. 1. Who is the named plaintiff in the suit? Cortez Investment Co, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hameroff Law Group, P.C. 3443 E Ft. Lowell Rd, Suite 101 Tucson, AZ 85716 3. How much are you being sued for? $9,680 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) 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? One collection letter back in May (I ignored and chose to try and keep my head down, as I was nearing the SOL- obviously a bad choice, in retrospect) 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2009 11. What is the SOL on the debt? This was something I wanted help on- as my last payment was before the SOL change from 3 to 6 years, which applies to my case? 12. What is the status of your case? Suit served? Motions filed? Suit served, still have a few days to file a response 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? No 15. How long do you have to respond to the suit? 3 days (spent most of my 20 days playing phone tag with various attorneys, all of which ended up being an exercise in futility) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. Zero. Zip. Nada. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 1. Plaintiff is a corporation, Defendants are residents, debt was an event caused by the Defendants, this court is the proper venue for this case. 2. This court has jurisdiction over the matter, and that the Defendants, if married, were acting for community purposed and benefit (I wasn't married at the time, am now). 3. Wells Fargo Bank extended credit to the Defendants. 4. Defendants failed, refused, and/or neglected to make the payments owed. 5. Plaintiff has acquired or been assigned the debt. 6. Defendants owe the plaintiff $9,680 7. Plaintiff is entitled to interest on the balance (4.25%, starting from date of judgement) 8. Plaintiff has performed all acts required which entitles the Plaintiff the amounts contained in this complaint. 9. The above sums are justly and truly due and unpaid. 10. The Plaintiff or attorney has made demand, the Defendants have failed, refused, or neglected to pay. 11. Plaintiff is entitled to recover court costs and attorney's fees. 12. Defendant is notified that this communication is from a debt collector. WHEREFORE, Plaintiff prays and demands judgement against the Defendants, and each of them, as follows- A. the amount of $9,680 B. accrued interest in the amount of $0.00 C. accrued interest on the remaining balance of $9,680 at the rate of 4.25% from date of judgement D. reasonable attorney's fees E. Plaintiff's court costs F. interest at the legal rate on attorney fees and costs G. such other and further relief that the court deems just and proper. Alright, so basically discovering these forums last night has resulted in an information overload. I now understand why consumer debt lawyers here in AZ seem to prefer to settle rather than fight- it seems that I realistically should expect to lose my case (should I choose to fight it) in Justice Court, then once I appeal to the Superior Court it won't be an automatic loss, but will still largely depend on a great deal of luck. Besides the SOL clarification I mentioned above, I have some other questions- 1. I am financially in an OK place, not great enough that this won't hurt (a lot- but hey now that it's cooling off I can afford to wait on getting the car A/C fixed, etc.), but if we scrape and scrounge and borrow from family we can probably pay whatever ends up being negotiated in settlement (they called and left a voicemail a day or two after I was served, so they at least are minimally interested in avoiding the courtroom). I would almost prefer just to cut bait for my own sanity's sake (and also for the fact that I don't want to risk ruining my wife's stellar credit or put another dent in my own mostly-recovered score), but I worry that with only a few days left on my deadline they will agree to a settlement then hit me with the default judgement anyways. Is this something I should be on the lookout for, and how can I cover myself in this respect? 2. I no longer have my cardmember agreement (and haven't, since about the same time I stopped paying), anyone know where to find one? My credit report says the account was opened in January of 2006. 3. The main reason for my interest in the agreement is I am trying to figure out if arbitration would be a possible avenue to explore- Would they follow me into arbitration for ~10k? Does my cardmember agreement specify JAMS? If not, can I elect JAMS anyways, and if so, how? If I choose to go the arbitration route, should I mention it in my answer? Should I file an answer at all, or here in AZ does that waive my right to arbitration? If I elect arbitration, does that waive other rights I may have? In lieu of an answer, should I file a MTD instead? When do I file MTC arbitration? Whew, that was a lot! I know there are a ton of questions in here, but any help would be greatly appreciated.
  6. Stating that due to a 1099c form submitted by ECast Settlement that I had failed to declare 'forgiven-debt' income of over 1200.00. I have never had contact with this company, or any debt collector in more than a decade (filed Chapter 13 in 2003, but voluntarily withdrew a few months later) and whilst Googling this firm am beginning to realize that there is something very wrong here... Aside from hiring a tax attorney, which I really can't afford to do...wondering if anyone could offer advice on how to proceed? Thanks!
  7. Well, after I filled my Answer to their MSJ, in which I also requested a hearing for the ruling. Which, surprise, surprise, it was not given. The Justice of the peace here where it was filed has been Pro Term now for over 8 months. Anyways, I filled the Answer to their MSJ on Oct. 13, 2014. Today I got the Order of Judgment dated on November 30, 2014. What totally amazes me is how the Justice of the Peace, here into referred to as DipS h i _ of the Peace or DSOTP! He states, ""finds the pleadings on file and Affidavits submitted establish that there is no genuine issue of material fact and Plaintiff is entitled to judgment as a matter of law. Just to update anyone who hasn't read about this previously. Number one, the chain of command is broken because the documents that the submitted show that, well, here I will copy my statement in my answer, 6. Plaintiff has not proven its standing to sue in this matter. The chain of assignment from Dell/CIT Bank to Asset Acceptance is incomplete. The new Affidavit introduced in the Plaintiffs Motion for Summary Judgment, further here into “PMSJ: (Exhibit D) from Erin Towns says that Dell/CIT Bank purchased the account from WebBank on May 30, 2012. There is no Bill of sale from WebBank to Dell/CIT Bank. Therefore how can the alleged account belong to Asset Acceptance? Defendant has never done business with Asset Acceptance and never received a bill of any sort from them prior to their filing the complaint on September 6, 2013. Additionally I filed with JAMS and they never paid them. I have a new letter from JAMS requesting they pay one final time. So, I stated that they also didn't have standing. And, I don't know if this matters buy Midland, the attorney that filed for MSJ misspelled my name and the judgment was entered in the wrong spelling. Incompetent ass_____!!!!!!!! Okay, so I guess it's apparent that I am mad. I totally can't believe the courts here. They are the dumbest people anywhere! My other question is doesn't the court have to mail you a copy? I only got a copy from Ass___ Midland!. So, what now? And also, I had spoken to Midland and they told me that they were going to cease all collection actively and review the case after I submitted the copies of my emails showing that I returned the computers to Dell. They never responded to phone calls etc after that. One more thing, in terms of appeals or problems with the Justice court. We showed up for our pre-trial hearing and then the court vacated the case saying that we hadn't. They also said that they mailed me the notice to dismiss the case after another 6 months had gone by yet I did not receive any mail. It amazes me that the only mail that I don't receive is from this Justice Court. All my other mail comes to me???
  8. My mediation was originally scheduled for end of June. I showed up, Kaplan did not. I filed a motion to dismiss w/prejudice. They answered saying that w/prejudice was too harsh and cited some case. They blamed some administrative person for a calender error. The judge denied my motion and rescheduled the hearing for today. Again, they no showed. Can someone pls help me create a motion to dismiss that will actually be accepted? Thank you!!!
  9. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) MBNA 5. How do you know you are being sued? (You were served, right?) I looked it up online 6. How were you served? (Mail, In person, Notice on door) Not served yet 7. Was the service legal as required by your state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They have called and left messages but I have never spoken with them. 9. What state and county do you live in? AZ Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/11 slightly more than three years ago. 11. What is the SOL on the debt? To find out: 6 years by AZ state law but looking to change to 3 on DE law. 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). Answer and discovery sent. 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? 20 days from date of service 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit is all they sent plus a later statement. Trying to find out if anyone in AZ has had success with an attorney. I cannot find any recent cases from Cach as there are so many that only cases from 2010 are searchable.
  10. Four things I need some help with please: 1 Back in 2005, a "friend" of mine, while staying my my apartment when I was gone for the holidays, stole my credit card and used it for cash advances and other things totaling about $600 without my consent. When I got the statement, I called him out on it and he agreed to pay me back. Of course he never did and shortly thereafter we were no longer friends. Since then, I have been trying to get the cc company to mark the card as stolen. In the meantime, I had been making payments on it in an effort for it not to show negatively on my credit report. I made several phone calls to people with thick accents who seriously had no idea how to report it stolen. It was the oddest thing so I gave up on calling and sent letters and I'd get a call back from someone who had no idea what to do. They'd tell me to complete paperwork which I'd do and somehow when I called back about my "case" there was never a record. I finally stopped paying the $18 minimum in December 2011 - it was eventually charged off and now in the hands of a collector. Years ago I disputed it online with the credit reporting agency who simply responded saying the original creditor said the information was valid so it was never removed. The credit limit on the card was only $600, and interest included, I have since paid paid that much and more but never did pay it off so the balance showed and now shows $1,900. How can I finally get this removed from my report? This card has been a thorn in my side and I never once used it myself. I know that my payments probably seemed to prove to them that I did despite my phone calls and letters to the contrary. Any ideas? The original creditor was Juniper Bank and has since been bought out by Barclays which is what is showing on my report. I'd dispute their information if it wasn't charged off already. 2. I have an old phone debt from 2005 that I never paid. Is that now zombie debt if a creditor has it? It shows opened in 2011 on my report with the collection agency but it is from 2005 from that same friend placing $400 worth of calls to his ex wife in GERMANY while staying at my home over the holidays. Great friend, huh? I just couldn't pay that bill so my account was closed. 3. I just won a case over a JDB (well it was dismissed) and plan to file a motion to have them remove it from my report. How can I have the original debt from Wells Fargo that is now charged off removed as well? Is there a way? Lastly, 4. In 2008 I moved out of my apartment prior to the end of the lease and couldn't paid the penalty which was about $1,800. This is now in a collector's hands so the accounts shows as opened in 2011. I would think SOL on this debt would be back to 2007 when I originally signed my lease - is that not the case? Can I have it deleted based on the AZ 6 yr SOL for written debt? I am grateful for any assistance anyone can provide!!! THANKS!!!
  11. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,964 (plus $530 attorney fees) 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) Given to my husband when he answered the door 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? None 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 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). Mediation scheduled in June, Plaintiff no-showed, I filed motion to dismiss w/out prejudice, they responded saying that’s too harsh and citing some case, my motion was dismissed and mediation rescheduled for next week. I submitted my original answer within a 10 day window. I said I admit to none of it and that I have not entered into any agreement with Midland and do not owe them anything. I said I do not know who they are and have had any prior contact with them. That was in June, I’ve done a little reading since then and wish I answered a little differently but it is what it is. 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 responded in the correct time frame. Yes I received the interrogatory and did nothing – do I have to respond to that? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of balance owed, WF Card Agreement, Bill of Sale, e-Record of account pursuant to bill of sale, Notice of new ownership and a statement from Dec 2010. I value your assistance please and thank you! J