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Midland is suing


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We just found out my husband is being sued by a collector (Midland Funding). The case was filed 2 weeks ago, however, a court date has not been given yet. Is there anything we should do in the interim or do we have to wait to be served and go from there? We just want to be prepared to fight this and get a headstart.

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Welcome to the fray!

You could send a DV letter and see what response, if any, you get back.

Keep a close eye on the case by checking every 5 or 10 days to see if they try to claim you were served when you were not. Check your local papers often to be sure they don't try to serve by publication if legal in your area. (legal notices section of the classifieds)

If you intend to defend pro se, start studying the rules of civil proceeder for the court it is filed in. You may want to modify when you check status, based on what your rules say the time limits are for answering.

You should know if this debt is yours and who with, you can start researching case law in your Appellate and Supreme court for precedent on things like SOL, chain of custody, and accounting of debts. This will hopefully give you a feel for how the courts think on these, and maybe give you ammunition to pull a sloppy judge up short.

If you have an SOL defense gather the bank records to prove date of last payment and know who at the bank you might call to lay foundation for admittance of the records.

Install "legal pleading wizard" from Microsoft office word if you can to help with drafting your answer and any motions you may file.

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When this happened to me, I accepted service at the courthouse rather than waiting around. I needed to see the actual complaint in order to fight it. Perhaps call your court clerk and ask if this is a possibility

Keep a close eye on the case by checking every 5 or 10 days to see if they try to claim you were served when you were not. Check your local papers often to be sure they don't try to serve by publication if legal in your area. (legal notices section of the classifieds)

Turns out Midland tried to serve me at a 3 year old address in another state, though they filed suit in the correct state with the correct address...they don't play fair.

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