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Dealing with Midland Lawsuit -- Not Sure What to Do Next


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I was recently served a summons by everybody's favorite JDB Midland Funding. There was no information on the complaint except that I owe them $2100. I checked my credit report and they opened an entry in 2/2011 for this account...still no info. I answered the summons by denying and saying that I was asking for DV and awaiting response. Sent certified mail letters to Midland, their lawyers on complaint and now they have sent DV.

They do have a statement ending in 2007 showing interest accumulated. The last payment made on the account was in 2004, according to this statement. Does SOL in Alabama start from last payment? If so, this should be outside SOL whether using the 3 or 6 year guideline. Is there a way to amend my answer to bring this up or do I have to wait until court date?

Also, there are crazy payments shown on the statement they sent me later than that that I know I never made. I don't know what it's talking about, but it will have an entry that says Credit Finance Charge Paid with an amount, sometimes two or three...then the next entry says Payment. Sometimes it lists two or three of these on the same day. I am quite sure I never made any payments after the last real one in 2004.

Please help me out if you can. I am seriously uneducated on this stuff.

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I was recently served a summons by everybody's favorite JDB Midland Funding. There was no information on the complaint except that I owe them $2100. I checked my credit report and they opened an entry in 2/2011 for this account...still no info. I answered the summons by denying and saying that I was asking for DV and awaiting response. Sent certified mail letters to Midland, their lawyers on complaint and now they have sent DV.

They do have a statement ending in 2007 showing interest accumulated. The last payment made on the account was in 2004, according to this statement. Does SOL in Alabama start from last payment? If so, this should be outside SOL whether using the 3 or 6 year guideline. Is there a way to amend my answer to bring this up or do I have to wait until court date?

Also, there are crazy payments shown on the statement they sent me later than that that I know I never made. I don't know what it's talking about, but it will have an entry that says Credit Finance Charge Paid with an amount, sometimes two or three...then the next entry says Payment. Sometimes it lists two or three of these on the same day. I am quite sure I never made any payments after the last real one in 2004.

Please help me out if you can. I am seriously uneducated on this stuff.

Was the later statement you received created by Midland? The SOL starts with the date of last payment. Is the original creditor reporting on your CR? If so, what are they reporting as the date of last payment?

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At the bottom of the statement they sent me (19 pages long) it says "Data printed by Midland Credit Management, Inc. from electronic records created, maintained, and provided by Dell Financial Services, LLC"

The debt is so old that it doesn't even show up on my credit report, or if it does it doesn't match this information at all. The first activity on the account was in 2002 and there is no account on my CR that was opened then, so I assume it dropped off after the 7 years or so passed. Thanks for your help.

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At the bottom of the statement they sent me (19 pages long) it says "Data printed by Midland Credit Management, Inc. from electronic records created, maintained, and provided by Dell Financial Services, LLC"

The debt is so old that it doesn't even show up on my credit report, or if it does it doesn't match this information at all. The first activity on the account was in 2002 and there is no account on my CR that was opened then, so I assume it dropped off after the 7 years or so passed. Thanks for your help.

Are you sure they're claiming you made payments? If you could post the document with your personal information and account number deleted, it might help the members to offer some advice.

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Well, they aren't really claiming anything. I requested proof and they sent me this list. I was just concerned that these weird entries on it might be used to try to say i have been making payments so the SOL started over. The last real payment I made was in 2004. However, can anyone give me a solid answer on SOL in Alabama...I have heard 3 and 6 years depending on type of contract. If it is 3, the debt would be SOL any way it goes because even Midland shows activity stopping in Aug. 2007.

The long and winding statement they sent me shows payments I know never happened throughout. I don't know how I can prove that the documents are false though. I was hoping my CR would show the date of last activity but I can't find anything about it. I can post the document but I'll have to wait til I have access to equipment. It's 19 pages though.

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In AL, written contracts and account stated claims are 6 years. Open accounts 3 years.

You can request the date of last payment in your discovery requests. First, write and file your Answer to the Complaint. Read your court's Rules of Civil Procedure for information. Your answer must have a court header just like the Complaint. I'd use the SOL as an affirmative defense.

After that, you can start working on Interrogatories, Request for Production of Documents, and Request for Admissions. In the Interrogatories, you can request the date of last payment.

Here's an AL site for you to research:

Suing You After The Statute Of Limitations Expires Violates The FDCPA - Law Firm Watts Law Group, P.C. Attorneys Birmingham, Alabama

What Is The Statute Of Limitations For A Debt Buyer Or Collection Suit In Alabama? :: Alabama Consumer Law Blog

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Thanks for the great info. One of my problems is I did respond to the summons with an answer. It was just a handwritten response on the court thing...I basically denied everything and said I had requested DV and was awaiting a response. Can I go back and change that answer now that I have validation and introduce SOL... Where do you do all this stuff? The same place you would file a suit...just hand it in. I have never even been to the courthouse here...lol help help

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Read the Rules of Civil Procedure about amending your answer. You should admit or deny (prefereably deny) each allegation and include affirmative defenses. The SOL would be a defense along with lack of standing. Lack of Standing means they haven't proven they are the owners of the alleged debt with a right to sue. You must file your answer with the court in the allotted time stated in the rules. Send a copy to the attorney, as well.

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Thanks for your help. I'm still going crazy here. I can't find anything about amending my answer, but could I not just go to court and present that as my defense when the time comes. Does it matter that it has not been introduced so far? Most importantly, I just don't know if it will work. If SOL isn't going to do it, then I just need to call these you-know-what's and try to settle out of court, but it's so hard to get a straight answer from anywhere...

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Thanks for your help. I'm still going crazy here. I can't find anything about amending my answer, but could I not just go to court and present that as my defense when the time comes. Does it matter that it has not been introduced so far? Most importantly, I just don't know if it will work. If SOL isn't going to do it, then I just need to call these you-know-what's and try to settle out of court, but it's so hard to get a straight answer from anywhere...

I don't know in which court you're being sue, but go to Rule 15 in the link.

Alabama Unified Judicial System -- judicial.alabama.gov

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