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Summons to Appear in Court

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1. Who is suing you? Midland Funding LLC, via Blatt, Hasenmiller, Leibsker & Moore

2. For how much? $13699.60

3. Who is the original creditor? JP Morgan Chase

4. How do you know you are being sued? Received summons, require to appear in court

5. How were you served? Were you served? Served personally at home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? With this attorney, none. The last thing I got was correspondence from Mindland Funding. Next thing I heard was this summons.

7. Where do you live? Illinois

8. When is the last time you paid on this account? I'm guessing some time in 2009

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). Has a court date set for 11.22.2010

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? No. The Summons gives a date to appear to answer the complaint. The lower paragraph that contains details about required to file an answer in not check

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? The only exhibit they attached was the usual generic Litigation Support Representative affidavit that gives no particulars other than this person owes this because we say so.

14. What is the SOL on the debt? 5 years in Illinois.

My question is, since there is no ahead of time written answer to the complaint how do I "contest" this? Do I go in with any written answers or just verbally tell the judge I contest this and why?

I have no problem paying on this debt however I don't have that kind of money available right now.

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My question is, since there is no ahead of time written answer to the complaint how do I "contest" this? Do I go in with any written answers or just verbally tell the judge I contest this and why?

Read your state's court rules for civil procedure. That information should be there. Also, someone on this site from Illinois may have some wisdom to offer.

I have no problem paying on this debt however I don't have that kind of money available right now.

You said you guess the last time you paid on the debt was in 2009. Check your credit reports. If you haven't had a free CR in a year, you're entitled to them. They will give you the date of last activity.

You're dealing with Midland. They usually can't prove they own a debt, and their affidavits are hearsay. You're in a bit of a pickle because of the SOL. If you're willing to fight it, you might be able to get the case dropped. That won't keep Midland from selling the debt to someone else, but any new JDB would have the same problem of proving ownership of the debt.

Take one step at a time, before you make a final decision.

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As I suggested before, read your state's court rules for civil procedure about summons, hearings, Complaints, etc. Normally, there's a Complaint with a summons, and you must write an answer to the Complaint. I don't know the rules in your state, so you need to make sure there's no complaint for you to answer.

Here's the link to Illinois Rules:


See if there's a NACA lawyer in your area. If there is, contact him, and see if he will help you.

Here's the link:


Edited by BV80
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In my state I am not allowed to answer complaint, must go to court date.

Should I bring an answer typed up with me?

Or can i just deny in front of judge and file answer later. Appears in IL they schedule you for a court date for an appearance and then go from there assigning trial date or future court date based on what happens at original court date.

I was thinking I would go to court to make mandated appearance then file the following:

anwer to complain

Motion for production of documents

within 5 days based on what happens during original court date.

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So I went to court. What a mess...

So first of all the lawyer for the midland didn't even have a copy of the summons.

Judge asked if I agreed or disagreed.

So I disagreed

Judge said I have 30 days to file my answer and be back in court.(have to do both)

Lawyer seemed lost and confused.

So now I will prepare my answer..

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Lawyer seemed lost and confused.

You think he looked confused today!!?? Wait until you file your answer...hahahahahaha

He's so used to people not showing up that when someone does...he's at a complete loss.... :lol:

Good job. If you need help with your answer, just post here and someone will be happy to critique it for you and offer constructive criticism.

Job well done...


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  • 2 months later...

So i filed my answer the day of court and paid my appearance fee.

Was I suppose to send a copy of my answer to the attorney or will the court do that?

So judge calls us up...says I haven't paid my appearance fee , so i give him the receipt i just got... He says he is granting a continuance of case until 60 days and at that time there will be a trial setting (judge said not a trial, but a hearing to set a trial date).

WTF? I don't even know what just happened.. I was following the steps of "how to beat midland" but now what does this 60 day continuance mean?

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In my county we have a pre-trial which is probably what you are refering too. Mine was pretty informal, judge calls the case, asks whats going! I had 2 pre-trials. The first, Midland had to provide, monthly statements, credit card agreement or credit applicatoin, which then I had 30 days to respond with objections to their statements and why I dispute the debt. During the second pre-trial the judge asked Midland atty what the status of the case was and she said we have given everything you asked to the defendant. Judge asked me what I was looking for and I stated that Midland had NOT given me the chain of custody on the account, yes they did provide a assignement of accounts but on that assignment of accounts my name nor my account info was not on that. Judge then asked Midland atty if that was correct and she said my client buys accounts in bulk and they are a computer file. Judge then stated that this will not fly and must have actual assignment of the account and gave Midland 30 days to provide this in detail. They wont be able to come up with anything since she already admitted that they buy accounts in bulk so now I am just waiting for it to be dismissed.

Did they provide you with an Assignment of Accounts and a Statement. Let me know.

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They haven't set me anything.. except the original summons with their employees affidavit.

Did you file for Production of documents ever or discovery?

I have a "Request for Production of Documents" written up already, should i file that before the 60 days ends or wait til the "pre-trial"

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