chewba1 Posted August 12, 2008 Report Share Posted August 12, 2008 Well here I go again this is the second in two weeks. I had a lot of charge offs on credit cards in 2006/2007 due to death in family and financial woes. Today I get a second suit (first from another credit card to appear for pretrial a week before this one) well actually I haven't received the suit yet and don't even know what credit card it is for. I got a letter from American Mediation & alternative Resolutions telling me that I was about to receive a civil suit (and gave me the #) from Midland Funding and that they can help concerning this matter. I have yet to receive a suit but I went on our court records online and found that I am due to appear in court on 9/12 for a civil suit with them. All they give is the name of I presume a lawyer representing them and no other information other than the date and time I am to appear. I think they are all coming after me now and I don't have a penny. How can I make settlements with all this cards at the same time??? We can't make ends meet now. What I need to know is that should I seek legal help (no money to pay for one) or claim bankruptcy on every card and debt we had at the time to finally end this madness or is it too late to do that??? How do you handle all these charge offs and summons. Any HELP would greatly be appreciated. Thanks Link to comment Share on other sites More sharing options...
gator944 Posted August 12, 2008 Report Share Posted August 12, 2008 Do a search for Midland Funding and look at the threads I started. I was at a loss of what to do, but some really smart people jumped in with much case law and advice.My wife was sued by them, but since she was never served, the case was dropped. Link to comment Share on other sites More sharing options...
admin Posted August 12, 2008 Report Share Posted August 12, 2008 gator - great advice. Much can be learned if you just Link to comment Share on other sites More sharing options...
ALVA Posted August 12, 2008 Report Share Posted August 12, 2008 Midland tried to serve me at a 4 year old address in another state "mistakenly"...funny they knew what state to file suit in, huh? Anyway, they could have posted an ad in the paper in the other state, and called it "notification", had I not gone down to the courthouse and accepted service in person. Like you, I found out about the lawsuit due to attorneys and mediators offers of taking my case for me.I am not sure about the laws in your state, but you may not want to wait around for a summons that may being going who knows where. They want default judgments, and are apparently not above making fortuitous mistakes to get them. Link to comment Share on other sites More sharing options...
chewba1 Posted August 12, 2008 Author Report Share Posted August 12, 2008 Midland tried to serve me at a 4 year old address in another state "mistakenly"...funny they knew what state to file suit in, huh? Anyway, they could have posted an ad in the paper in the other state, and called it "notification", had I not gone down to the courthouse and accepted service in person. Like you, I found out about the lawsuit due to attorneys and mediators offers of taking my case for me.I am not sure about the laws in your state, but you may not want to wait around for a summons that may being going who knows where. They want default judgments, and are apparently not above making fortuitous mistakes to get them.Thank you I have been looking over all the info here on Midland and am trying to get my ducks in a row. I checked to see if they were licensed in Florida and they are. The date is 9/12 so I figured I would give it a day or two and give my neighbors a thrill when they see the police car arrive out front. I still have no idea what credit card it is for and when the judge see's me there one week and then the next I wonder how I can deny it???I think they can notify by publication in Florida if they don't serve. I definitely will be there on the 12th. Link to comment Share on other sites More sharing options...
chewba1 Posted August 12, 2008 Author Report Share Posted August 12, 2008 Alva, thanks quick question. When you went to court did they have any proof attached to your summons???Everyone I read here seems to point to that----Midland doesn't seem to keep good records. I guess I will have to wait for the summons and see if anything looks legit. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted August 13, 2008 Report Share Posted August 13, 2008 Florida was invented when we stole it from Spain and no one wanted to live there 'ceot alligators and Willis Carrier hadn't figured out portable refrigeration yet, so they made it easy for debtors and others to settle there. Now people of all stripes move there to "start over."If you have nothing to negotiate with, why would you care about Midland? There are defenses you can raise with this JDB, but if this is the first of many, I'd saddle up to a good BK lawyer. You may need him down the line. Good luck Link to comment Share on other sites More sharing options...
chewba1 Posted August 13, 2008 Author Report Share Posted August 13, 2008 Florida was invented when we stole it from Spain and no one wanted to live there 'ceot alligators and Willis Carrier hadn't figured out portable refrigeration yet, so they made it easy for debtors and others to settle there. Now people of all stripes move there to "start over."If you have nothing to negotiate with, why would you care about Midland? There are defenses you can raise with this JDB, but if this is the first of many, I'd saddle up to a good BK lawyer. You may need him down the line. Good luckYes Recovering Attorney, you are probably right about that. Can I claim all these charge offs on a bk and if I file prior to these hearings will it finally end things??? I need to search this site for bankruptcy info. At the time of our troubles we had entertained that idea but everyone attorney we went to wanted a fortune to process it for us. We didn't have $4,000.00 and above at that time either. Maybe I can find a less expensive one somewhere and hope for the best. At least they will finally be all gone and nobody can bother us. We are at an age where we aren't going to buy anything like a house or anything that our credit would be a problem so that is most likely the way to go. And actually we didn't have these problems until we moved to Florida for over 40 years of our lives we lived comfortably and debt free all it took was a death and illness for our world to come tumbling down and of course FLORIDA. Link to comment Share on other sites More sharing options...
ALVA Posted August 13, 2008 Report Share Posted August 13, 2008 Alva, thanks quick question. When you went to court did they have any proof attached to your summons???Everyone I read here seems to point to that----Midland doesn't seem to keep good records. I guess I will have to wait for the summons and see if anything looks legit.It was a small claims case, absolutely no attachments.Then, at court, they had nothing but more "mistakes" in their file. When I pointed out the incorrect service, and the disparity between the date of last payment in the file versus the date of last payment they had just reported on my CR (2 years difference and the basis for their claim it was within the SOL), and whether they even could demonstrate they had bought the debt, the judge asked the attorney flat out "Do you have any documentation in that pile?" She admitted "No, Midland is known for providing incorrect and incomplete information".Judgment for the defendant. Link to comment Share on other sites More sharing options...
chewba1 Posted August 14, 2008 Author Report Share Posted August 14, 2008 It was a small claims case, absolutely no attachments.Then, at court, they had nothing but more "mistakes" in their file. When I pointed out the incorrect service, and the disparity between the date of last payment in the file versus the date of last payment they had just reported on my CR (2 years difference and the basis for their claim it was within the SOL), and whether they even could demonstrate they had bought the debt, the judge asked the attorney flat out "Do you have any documentation in that pile?" She admitted "No, Midland is known for providing incorrect and incomplete information".Judgment for the defendant.Hi Alva, well if I don't get the summons by Friday I will go get it. I called the courthouse and they said that the sheriff has it and it will be delivered soon. I am soooo curious as to whom is suing me. Well, i should say what credit card debt midland is having me sued over. I would love for my outcome to be the same as yours. I will post something when I get it and maybe you all can help fight the fight. I get so nervous and stressed that I can read things over and over but never know how to apply them. You all are so helpful... thanks Link to comment Share on other sites More sharing options...
mcb11902 Posted August 15, 2008 Report Share Posted August 15, 2008 Depending on your income, you may want to check out one of the legal aid groups in Florida. Although you'd have to pay filing fees and any other out of pocket expenses, the lawyer would handle the bankruptcy free of charge. If you want to send me a private message as to the city you're in, I'll try to find the proper legal aid group for you. Link to comment Share on other sites More sharing options...
admin Posted August 15, 2008 Report Share Posted August 15, 2008 I don't think a BK is a good idea just yet. See what happens with this guy first. Link to comment Share on other sites More sharing options...
tjmmom Posted August 16, 2008 Report Share Posted August 16, 2008 Midland just tried to sue me as well. I was served and responded to the suit by questioning jurisdication, the debt itself, the amount, the fact that of whether or not they were legally able to sue me to begin with (they are not the original debtor or collection agency), etc. they responded with a request to dismiss. Link to comment Share on other sites More sharing options...
chewba1 Posted August 16, 2008 Author Report Share Posted August 16, 2008 Midland just tried to sue me as well. I was served and responded to the suit by questioning jurisdication, the debt itself, the amount, the fact that of whether or not they were legally able to sue me to begin with (they are not the original debtor or collection agency), etc. they responded with a request to dismiss.Hi well they are suing me via Zakheim & Associates. When I requested validation they sent a Transaction History with my name, account # and name of cc. I haven't received the summons yet so I don't know what is attached as proof it is mine. I'm not sure if I should go pick it up or just show up at the courthouse and tell the Judge that I was never served and just found out about all this by chance. Admin says I should wait a little bit before filing BK on all my past credit cards but this is the second summons in two weeks and I am beginning to get nervous. Even if the judge sends us out to negotiate I hear these people ask for a lot up front and then large payments for the next few months. We can't possibly do that we are just skimming by now with the ones we are already working with. I think I will call the original creditor and check to see who they sold it to. It is a charge off but maybe they will be able to give me that info maybe then I could use the same defense. Thanks any other suggestions will be greatly appreciated. Link to comment Share on other sites More sharing options...
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