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Midland Funding vs Me dismissed-non suit..i never responded!


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Hi anyone available to help :)

I'm just looking for some general advice..maybe just clarification. Here's my answers to the questions:

1. Who is the named plaintiff in the suit?

Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

per courts website..Plantiff Attorney: Jenkins, Jody Dewayne

3. How much are you being sued for?

~5K

4. Who is the original creditor? (if not the Plaintiff)

Chase Card Services

5. How do you know you are being sued? (You were served, right?)

I got solicitations from attorneys offering to represent me in a lawsuit..one of them had a case number and the court info so I went on the courts website and searched the case # and sure enough I was being sued

6. How were you served? (Mail, In person, Notice on door)

I was not.

7. Was the service legal as required by your state?

Well I wasn't mailed anything to my current address, nor was anything given to me or placed on my door. I moved 8 months ago, and I don't believe I updated Chase card services with my new address although my mail is forwarded.

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

To be 100% honest, I have no idea. I split up with my boyfriend of 6 years and found myself as a single mother without child support. That was difficult financially as it was but I was still attempting to make at least minimum payments on everything as regularly as I could. And then less than a year and a half later I was laid off from my long time..good paying job..which was taken into consideration when acquiring all of my debt! So then I went into survival mode..I only attended to the most urgent necessities..rent, car note electricity, food for myself and my son..etc. my phone was shut off, I cancelled my cable, pirated WiFi from a neighbor..I had zero dollars to pay on any of my debt. And I freaked out having 20+ calls a day from various collections depts. In the beginning I tried to talk to them, being honest..explaining my situation, promising I'd pay something as soon as I could. Well obviously the calls didn't stop and I got tired and frustrated and embarrassed in denial...all the feelings debt collectors invoke...of explaining and telling them the same thing over and over again...so I stopped answering. I've gotten so many calls and letters in the last year I couldn't tell you if I ever talked to them before.

9. What state and county do you live in?

Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

I don't even remember..that's bad! Within the last year. SOL is 7 years..too bad so sad

11. What is the SOL on the debt?

7 years I believe

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Per the courts website: Status: Dismissed. Disposition: Dismissed Nonsuit.

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

No. I owed Chase card services for the balance on my credit card.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now -it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). 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 was never served and I received no sort of summons or requests for anything.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

I haven't received anything

So basically what I'm asking is.. what in the lords name could be going on? The courts site says petition was filed 1/3..so I filed my taxes as soon as I got my w-2s hoping I'd get my refund in time to work something out with them before the court date. I got my refund about a week ago and I finally got my mind right to make the call I've been dreading for so long. I go on the courts website to get some of the case information, and notice the status changed last week to dismissed . I don't understand what or how that is. Firstly, I was never properly served (unless finding out about being sued via attorney solicitations is a proper way...), therefore I had nothing to respond to, nothing to file. So I figured if I had missed any times to respond..I would have gotten a default judgement..but this doesn't seem to make any sense.

Does anyone know what might have happened? Any advice on what I should do/not do now?

Well thanks in advance for any and all help!!

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Sounds like they could not properly serve you and dismissed on their own accord. You can call the court clerk and make sure. This is most likely a dismissal w/o prejudice which means they can file again. Midland files so many cases and has a high default rate where they can afford to let a couple slip through their fingers without losing money.

I would say that you can still make arrangements to settle the debt but then the problem becomes, do you really owe the money to Midland. Yes, you owe the money but to whom and can they prove it. I would suggest sending a DV to Midland at this point and see if they validate. If so, and you wish to pay the debt, you can start negotiations with them. If they do not validate, then I would not pay them because you do not know if they really own the debt.

Also, I think the SOL in Texas for a credit card debt is 3 years and Texas is a very consumer friendly state (cannot garnish wages or take a home) so you can use that at leverage for negotiations.

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