credit card suit from midland -- what next

[josie124]

any input is appreciated.

the main thing is , how do i request the proof of what they said they had against me? should i do a motion for discovery? admission? what are my options? i am very confused by these terms and how to proceed in doing so with my ongoing case. should i do it now before the next court date??

1. Who is suing you?

midland funding llc

2. For how much?

about 3k

3. Who is the original creditor?

citibank

4. How do you know you are being sued?

i was served

5. How were you served? Were you served?

someone stop by my house and slip the summon under my door.

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

7. Where do you live?

NYC

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

last year

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

pls see below explanation

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

no

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 answer it in person. defenses :

1. dispute the amount of the debt

2. don't have a business relationship with plaintiff

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

they sent nothing witht he summons.

14. What is the SOL on the debt? To find out:

6 years i think

they file a complaint with the summon listed as below

1. plaintiff is foreign limited liabilibty company, and licensed

2. upon info and belief, defendatns resides or has an office in the county in which this action is brought.

for a first cause of action

3. plaintiff repeats and relleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein.

4. plaintiff's predecessor in interest, citibank (original creditor) offered to open a credit card account, account no. XXXX in defendant's name

5. defendant accepted the offer by using the account

6. defendant defaulted by failing to repay the balance due under the account. demand for payment was made, but defendant failed to repay the balance owed.

7. original creditor sold the account, including all right, title and interest in and to the outstanding balance owed by defendant, and plaintiff is now the owner and assignee of the account.

8. defendants now owe a balance of XXX as of last year with interest from last year, no part of which has been paid despite due demand therefor.

after i filed the answer back on feb, i went to the pre-trial conference . i think we were in mediation (judge assistant), i ask for a translator coz i don't speak english very well.

the judge assistant asked

1. if i had a citibank credit card, i said yes

2. if the amount i owed is corrected, i said i don't know

the lawyer ask me how to repay it. then i ask the translator how can i know if they are the right person i should pay to? don't they have to show me proof?

the translator translate it to english. and the mediator said "midland bought my debt, they are the owner". i said, they are not my original creditor, of course i wouldn't pay. how much did they pay for my debt, if they pay for less, why should i pay them in full amount??

translator said "it's none of my business how much they pay for my debt." now i m confused. looks like even the translator is the judge.

then the lawyer gave me 3 pieces of copies that it's actually a dunning letter, saying midland bought the debt and consider forwarding the account to an attorney with the intent to initate legal action to satifsy the debt.

and a statement from midland that has my original account (citibank) number, due/ statment date. amount and interest rate. it's not from original creditor.

i said i never seen these 3 statements before.

the lawyer ask me if i want to come back later while i m chking this document out. i said ok. then the case is adjourned to few months later.

so... did i do something stupid? don't they have to valid the debt? i'd never seen any contract. only their own statement and a dunning letter in the court.

how to proceed from here? i can't afford a lawyer coz i 've been unemployed for almost a year or 2 now.

please help help.. i thought i can ask them to valid the debt in court. but seems like the mediator is a judge already knew midland has legal right to collect from me already w/o any contract or not much of evidences that shows i have to pay it to midland instead of my original creditor.

they sue me in civil court

:confused

any input is appreciated:oops:. thank you in advance.

Edited May 6, 2010 by josie124