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Been summoned, is it too late to settle?


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My husband was served approximately 12 days ago (they just filed the complaint today). We did our research and he delivered his answer, certificate of service and notice of appearance the very next day. I don't know what goes on from here but this is a nightmare and I just want it gone. We are able to borrow money from family if we choose to settle. Is it too late? We did send out a validation letter, but I have read they do not have to reply to that until the actual hearing (is this true)? The bottom line is that this is his debt and it is still in the statute of limitations. We are also trying to settle on one other credit card so any help would be great. (I also forgot to say that there was no court date on the summons, it was only the summons and the complaint from Midland Funding, attorney is Bennett & Deloney).

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First, make sure you respond with in the required time or your done. Now you will have a judgement on your credit and they can garnish your wages.

Second, considering transfering the case to superior court instead of small claims (I am assuming) It is much more expensive for a creditor to go through superior court than small claims. You can also draw this thing out while you are handling it.

It is never to late to settle but don't act desperate!! that will seal your fate. Just take the time and respond to the lawsuit. MOST people do not respond to their summons. That is why creditors do it., they play the odds.

Once you transfer it to superior court, just play the motion game. You will have to educate yourself during this time. It gets a bit overwhelming. But just keep calling and asking questions. Don't worry about making your paperwork appear professional. It just needs to be legible.

A summons is just a legal notification that you are being sued. It will not contain any dates until the courts recieve your document and then go from there. But please calm down and don't do things too quickly. Use your allotted time.

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Thanks for your input, I do feel a little panicky about this. So how do I go about transfering the case? I know I should wait to see if they can validate the debt before settling but by law how long do they have. Like I said I sent the debt validation letter a week ago and does anyone know when I can send a request for production of documents?

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Your case is in District court already I believe (no superior court in Utah). District court is the only one that allows the 10 day summons where they file after service. Small claims is held in Judical Court. Midland is a typical JDB and will most likely not have any real paperwork to back up their claim.

Additionally Bennett & Deloney has two FDCPA cases againest them listed in Justica. Ripoff Reports has a section dedicated to them and Bud Hibbs has them listed on his site as scum.

Make them prove their case, they may very well go away after they receive your answers and realize you are going to fight.

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Fight them,amke them prove the debt to you.I just won against a JDB and didnt have to pay a penny.They took me for a ride,but I made them prove their case.They had nothing legitimate.With the help of people on here it can be done.Don't give in thats what they live for..They prey on your fears.

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You guys are so great. You all are giving me the courage to stand up and fight back. Thank you for all who gave me some input, not to mention strength and courage!! My husband just got some paperwork in the mail from Bennett & Deloney and I am not sure what I do next. Please help!! They have sent my husband a letter that states, per your request you will find documentation providing verfication of the debt. Attached to this is an affidavit in support of judgment. It reads as follows:

BEFORE ME, the undersigned authority personally appeared and personally known by me, this day, and who after being duly sworn deposed and says as follows:

1. That I am a competent person over eighteen years of age. I am employed by Midland Credit Management, Inc. servicer of this account on behalf of Midland Funding, I make the statements herein based upon my personal knowledge. Midland Funding is the current owner of, and/or successor to, the obligation sued upon.

2. That Midland Funding predecessor in interest sold and assigned all right, title and interest in the defendant's (original card holder and account number were stated, as well as Midland's account number for this)to Midland Funding. In the ordinary course of business, Midland Funding purchases charged-off credit accounts, installment acounts andor other credit lines.

3. That the scope of my job responsibilities in cludes the oversight of credit accounts maintained by Midland. blah, blah, blah (talks about the persons duties)

4. That based upon my personal knowledge of MCM, Inc's business records and the practices for servicing of the credit accounts of Midland the contents of this Affidavit are true and correct. If called upon and sworn to testify herto, I could and would so competently testify thereto.

5. That in addition to the foregoing, Midland maintains, as a regular practice of its business, computer records of activity on its accounts, including payments received, amounts owing on such accounts, credits and offsets. etc, etc.....

6. (This paragraph gives the just and true balance on account).

7. That demand for payment of the just amount has been made more than 30 days prior hereto and payment for the amount owing has not been tendered. There is no record of any legitimate dispute by the accountholder.

8. That all documents attached hereto are certified to be correct originals of true and correct copies of the originals, being reproductions from the records or being evidence to establish the contents of a lost or destroyed document or computer transactional records. I declare under the penalty or perjury that the foregoing is true and correct.

9. That upon information and belief, based upon business dealings with the defendant, that defendant is /are not and infant or incompetent person and that defendant is not in the military service and is not entitled to the rights and privileges provided under the Solders and Sailor Civil Relief Act of 1940, as amended.

Then at the bottom there was a copy of a signed signature. Then it said it was notarized, also just a copy.

The pages that follow are a copy of the cardmember agreement.

No signature from my husband, nothing that would really prove it is his other than the account number. The next piece of paperwork that came was a request for pretrial conference. What does this mean and what do I reply? Can I write back saying that was not proper validation and request proper validation? Thanks again.

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Fight them,amke them prove the debt to you.I just won against a JDB and didnt have to pay a penny.They took me for a ride,but I made them prove their case.They had nothing legitimate.With the help of people on here it can be done.Don't give in thats what they live for..They prey on your fears.

Thank you bellasummer!! I have been reading your posts on here!! Any advice you have would be great!!!!

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