underpar62

Can anyone help!!! Please

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Hey Everyone… I am brand new to the board and the reason is I just found out I’m being sued. If this was golf I might have some idea of what to do, but its LAW, and I’m LOST!!! Reading others topics and threads has been helpful so I went ahead and started a new thread with my information on what’s going on…

I need help, that’s why I’m here. If you can give me some guidance, please do. I need a step by step plan of action that fits my particular case. Thanks for having me aboard!

1. Who is suing you?

= Midland Funding

2. For how much?

= $1550.02

3. Who is the original creditor?

= I believe Bank of America ??? How can I find this out ???

4. How do you know you are being sued?

= Certified Mail Slip from the Post Office saying they have something for me from the Court, Also numerous letters from Attorneys saying they will take my case.

5. How were you served? Were you served?

= I had recently moved to a new location, and when I came back for some old mail, the USPS slip was there. It is at the Post Office as I type right now, I have not picked it up yet.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

= No Correspondance with Midland ever.

7. Where do you live?

= Cincinnati, OH

8. When is the last time you paid on this account?

= ??? How can I find this out ???

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

= I went online to the Clerk of Courts website, and this is what was on there: 3/4/2010 Complaint Filed, 3/8/2010 Summons Issued. Besides that there is nothing else scheduled

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

=I don’t think so, I have mainly just ignored them.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

=No.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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 have not received the Summons yet, since it is still at the Post Office. But from the Letters from the Attorneys and from researching the Clerk of Courts website where I accessed my Case, it looks like Money Damages / F-CONTRACT OR MONEY ON ACCOUNT

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

=Not sure yet, I have not picked it up yet.

14. What is the SOL on the debt?

=OHIO, Oral=6, Written=15, Promissory=15, Open-Ended=6, State Statue Open Accounts=2305.07 Contract not in writing - statutory liability. - Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued.

So, that’s where I am… WHAT NOW? Please don't hesitate to ask any further questions, I am here for the help! Thanks again for your time.

-B

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It is at the Post Office as I type right now, I have not picked it up yet.

You need to pick it up. Ohio allows service by publication, if you don't pick it up they will just run an ad in the legal section of the newspaper.
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Merrybucks is right. The Summons and Complaint will give you more information, and will answer some of your questions. If you try avoid service, they are likely to end up with a default judgment against you, and that will be an even bigger mess to sort out. Better to tackle this head on.

Good luck.

DH

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It may also be a good idea to get all of your recent credit reports, you're allowed a free report every 12 months if you have not recieve on as yet. It may show what is reported about this account, at any rate its a small step for information gathering. But what has already been suggested is top priority. S.A. Be Bless!

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***UPDATE***

Went to the post office to pick up this Certified Mail (Summons papers), and they said "We had to send it back to the Court"... Since it had been 3 days...

I then called the Court, and they said "Untill the Plaintiff (Midland Funding) pays for a waiver for it to go out regular postage, nothing will happen...because I am not served yet."

Is this true?

What happens if they never pay to have it waive to regular postage? Would they do this? What are their options?

If Midland does do this, and it comes regular mail... Is that considered served?

Thanks Everyone,

-B

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Guest usctrojanalum

Yes, since your mail has been returned unclaimed - the next step is to have the summons sent to you via regular mail. This is pretty common in most jurisdictions. Typically, and this is just a rough estimate of what I have seen service is complete around 10 days after the summons is sent by regular mail and you have like 30 days to respond after that.

Those are just **rough estimates** as always, check the civ pro of Ohio for that court that you are in.

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OK,

So, if that’s what is going to happen, then I should be receiving the Summons via regular mail sometime soon...?

(And this will be considered served?)

(Also, will the Date for court be on the Summons paper? or when does this date get set?)

I will then UPDATE this topic with any updated information I get from reviewing those documents....

(Anything else I should be doing in the mean time?)

I will then appear in court on the designated date...

And then what?...

I apologize for so many questions, but this really means a lot to me, and I just want it to go down right!

Thanks for ANY help,

-B

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Guest usctrojanalum

(And this will be considered served?)

Most likely.

(Also, will the Date for court be on the Summons paper? or when does this date get set?)

This varies from state to state, city to city, and court to court. Check rules of civ pro in the court you are being sued in.

(Anything else I should be doing in the mean time?)

Just relax, kick back, drink a few cold ones.

I will then appear in court on the designated date...

And then what?...

The fun begins =)

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In Ohio, when service by certified mail fails, and the plaintiff has the summons sent out by regular mail, you are considered served. You then have 28 days in which to answer the complaint. The summons should have a cover sheet from the court identifying when your answer is due. Also, see if your court has an online docket you can check, as it gives you a heads up on what the plaintiff and court are doing.

Since Midland is a JDB that has been having its teeth kicked, especially in Ohio (check out the story about their false affidavits), you have a very good chance at beating them if you fight back.

Right now you need to be developing your strategies. One of which should be arbitration, especially if this was a BofA account. Check out the arbitration forum.

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Thank you very much!

Since Midland is a JDB that has been having its teeth kicked, especially in Ohio (check out the story about their false affidavits), you have a very good chance at beating them if you fight back.

What is JDB?

Also, what thread is this story in? Where is it located?

Thanks

-B

Edited by underpar62
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JDB = Junk Debt Buyer. An organization that buys delinquent debt.

When you are being sued it is either by the Original Creditor (OC), a Collection Agency who is collecting it for the OC, a Junk Debt Buyer (JDB) who actually bought the debt from the OC, or a CA who is collecting it for the JDB.

Sometimes the debt can be sold multiple times so you might have had a few different people trying to collect. That's why it is important whoever is suing you proves they have all the rights to collect on the debt.

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