readytolearn Posted March 24, 2012 Report Share Posted March 24, 2012 After reading a lot of information on here, I really, really regret having agreed to make payments on one of my husband's debt last year. We'll be making payments forever...We just got another summons today. I have learned to hate doorbells This one is from a Colorado lawyer, the plaintiff is Midland Credit Management. I'm sick to my stomach thinking of another payment we can't afford, so I am determined to fight this one.A couple of (possibly stupid) questions: Can I go to court and try to get a low payment based on a 4 kids, 1 of which is a special needs son, and one income? Or should I try to fight this all the way? Will the court even consider taking our situation into consideration?If we fight... How do I find out if I have to answer or if I can just show up at court? This summons doesn't even have a court case number listed. If I answer, how will they even know the case I am referencing? Has this even been filed yet? I have seen many people talk about affidavits included with the complaint or other so called "proof", but this complaint has nothing like that. It says "Such claim arises from either failure to make payment on account obtained by Defendant(s) pursuant to an agreement or a statement for sums due was presented to Defendant(s), there was agreement by Defendant(s) that the account is correct, and that the agreed upon amount is due from the Defendant(s)." I don't think I am stupid - this doesn't make any sense to me. They list the original creditor as Target, but say I had an agreement to Midland? Huh?What is our next step? I want to make them feel the wrath of an overworked, stressed out, very tired mother, who really, really needs a break from this crap! Link to comment Share on other sites More sharing options...
readytolearn Posted March 24, 2012 Author Report Share Posted March 24, 2012 I just saw these questions...1. Who is the named plaintiff in the suit? Midland2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Farrell & Seldin3. How much are you being sued for? $8504. Who is the original creditor? (if not the Plaintiff) Target5. How do you know you are being sued? (You were served, right?) Served6. How were you served? (Mail, In person, Notice on door) In person7. Was the service legal as required by your state? I think so...Process Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? None9. What state and county do you live in? El Paso County, Colorado10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Aug 200811. What is the SOL on the debt? To find out: 6 yearsStatute of Limitations on Debts12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I can't tell, court only has docket info for next week13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no14. 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. No15. 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? up until court dateHere is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence included. Link to comment Share on other sites More sharing options...
usagi555 Posted March 24, 2012 Report Share Posted March 24, 2012 Farrell & Seldin is, to my knowledge, not licensed as a collection agency in Colorado. While the attorneys themselves do not need to be, if they hire any non-attorneys to engage in collection practices, they do need to be. Did you save all of the letters they sent you? Link to comment Share on other sites More sharing options...
usagi555 Posted March 25, 2012 Report Share Posted March 25, 2012 After reading a lot of information on here, I really, really regret having agreed to make payments on one of my husband's debt last year. We'll be making payments forever...We just got another summons today. I have learned to hate doorbells This one is from a Colorado lawyer, the plaintiff is Midland Credit Management. I'm sick to my stomach thinking of another payment we can't afford, so I am determined to fight this one.A couple of (possibly stupid) questions: Can I go to court and try to get a low payment based on a 4 kids, 1 of which is a special needs son, and one income? Or should I try to fight this all the way? Will the court even consider taking our situation into consideration?The only time something like that could (depending on CO law) come into consideration is when they are actually trying to collect on the judgment that they have against you. This is not a valid legal defense.If we fight... How do I find out if I have to answer or if I can just show up at court? This summons doesn't even have a court case number listed. If I answer, how will they even know the case I am referencing? Has this even been filed yet? Ugggh, Colorado has pocket service. You'll need to look through the rules to see the details, but they are allowed to serve you, THEN file the complaint. It's complete bunk, but it's perfectly legal in Colorado for them to do this.I have seen many people talk about affidavits included with the complaint or other so called "proof", but this complaint has nothing like that. It says "Such claim arises from either failure to make payment on account obtained by Defendant(s) pursuant to an agreement or a statement for sums due was presented to Defendant(s), there was agreement by Defendant(s) that the account is correct, and that the agreed upon amount is due from the Defendant(s)." I don't think I am stupid - this doesn't make any sense to me. They list the original creditor as Target, but say I had an agreement to Midland? Huh?CC agreements state that the debt can be sold to another without your consent. Basically, the debt buyer "steps into the shoes" of OC. They're going after you for account stated OR breach of contract. What is our next step? I want to make them feel the wrath of an overworked, stressed out, very tired mother, who really, really needs a break from this crap! There's only one way to make them feel your wrath in a way that they'll actually notice, and it's by calling them the defendant. Once you start doing that, you'll be on webrecon, and any future CAs will handle you with kid gloves, if at all. Link to comment Share on other sites More sharing options...
BV80 Posted March 25, 2012 Report Share Posted March 25, 2012 Midland is well known on these boards. It's possible to defeat them.Carefully read your court's Rules of Civil Procedure. They'll have the information you need to answer the Complaint and make discovery requests, if discovery is allowed in your court. Link to comment Share on other sites More sharing options...
kittymamma Posted March 25, 2012 Report Share Posted March 25, 2012 Hi I am fighting Midland too...well Midland Funding, same bunch of vultures....take it one step at a time, our resident experts will guide you each step of the way....you CAN beat them, from what i have seen everyone or almost everyone who challenges them beats them.....chin up, you are not alone, many of us are also in a war with Midland, lets take them down........... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 25, 2012 Report Share Posted March 25, 2012 Midland, as most junk debt buyers, can be beat by arguing their lack of standing. Might want to read over this thread. http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html Link to comment Share on other sites More sharing options...
havingabadyear Posted May 1, 2012 Report Share Posted May 1, 2012 Any progress on your case? I am curious, as I'm also in Colorado served by Farrell and Seldin.Would like to hear what procedure you have followed and how it is progressing.Best of luck to you. Link to comment Share on other sites More sharing options...
legaleagle Posted May 1, 2012 Report Share Posted May 1, 2012 A couple of (possibly stupid) questions: Can I go to court and try to get a low payment based on a 4 kids, 1 of which is a special needs son, and one income? Or should I try to fight this all the way? Will the court even consider taking our situation into consideration?Short answer, no. They could care less about your situation and the court is not allowed to take it into consideration.If we fight... How do I find out if I have to answer or if I can just show up at court?You need to file an answer to the complaint, otherwise they will get a default judgment against you. Post the complaint here.Midland is a "junk debt buyer," they purchased your account for maybe 3 cents on the dollar. Best way to get rid of them is to invoke arbitration through the cardholder agreement. Target? The department store? Who issued the card? Most store cards are issued by major banks like Citi or Chase. Midland uses bullying tactics, but we routinely kick their butts here. Link to comment Share on other sites More sharing options...
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