Desperate! Posted January 13, 2005 Report Share Posted January 13, 2005 I was served a summons regarding an old credit card debt with Associates Bank. The debt was sold off to Midland Credit Mngt. I avoided their calls and ignored their letters until they turned it over to a law firm. I also ignored those letters until a sherriff walked up to my front door and served me with papers. The original amount to correct the default was listed as $1,125 but when the suit was filed that went up to $5,631.18. I retained an attorney who has filed a response denying all of the paragraphs (except for the one listing my residence) for lack of information and requested dismissal of the action with costs assessed to the plaintiff. (I just received a copy of his response in the mail.)This is where it stands right now. I'm not comfortable at all with the attorney I retained and cannot afford to retain another. Where do I go from here? Just wait? How long do they have to respond to the petition? Link to comment Share on other sites More sharing options...
Leadhead Posted January 13, 2005 Report Share Posted January 13, 2005 Your attorney did the right thing by denying everything. This makes Midland prove their position. I'm sure your attorney will send discovery to them and usually Midland doesn't keep suffucuant records to be able to back up their claims. Link to comment Share on other sites More sharing options...
LadynRed Posted January 14, 2005 Report Share Posted January 14, 2005 Ok.. how OLD is 'old" ?? When did you last pay the ORIGINAL CREDITOR ?? IA has a 5 year SOL on credit card debts, if its been more than 5 years since you paid the OC, the SOL has expired and your lawyer needs to use that defense. Link to comment Share on other sites More sharing options...
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