Coltfan1972

The All Inclusive I've Been Sued or Contacted by Midland, What's Next and/or Help Me

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Hello, everyone!

First, I've never participated in a forum discussion before so if I don't follow the rules, I apologize. I don't know what they are yet!

Anyways, I've been reading all these threads for about 3 hours, trying to study up on what it seems like many before me have been through. Let me just give you a quick summary of my situation:

I'm a 24 yr old Biology student who was given a credit card when I was 17. A combination of being unable to pay, being young, being dumb, and being irresponsible led to me racking up $900 on this Chevy Chase cc. This was back in '05. Because I was in school full-time, I was not able to make payments and I just kind of put it off to the side. So today, some guy comes to my front door trying to deliver legal documents, but I didn't answer the door because I had no clue who he was. Turns out that Midland Funding is suing me for $1400 and this was filed on 6/4/12. I find this out by going on the MD casesearch site. After reading this thread, and numerous other ones, I really feel like I have a strong case to take to court. However, I'd really like your input on this matter because again, I'm a student and really don't understand how these things work. Also, I have no job or assets so I don't know what Midland is really suing me for.

The last payment I made on this cc was on 6/03/09 which in MD, would put me outside of the 3 year statue of limitations. Also, how do I go about disputing this lawsuit? I did not receive their original 'letter' stating their intention to sue me because I no longer live in the house they have on file, so I didn't have a chance to dispute their ownership of my debt. What are my options?

Thank you so much for your help! I'm not trying to get out of paying this debt...I just wanna make these people burn for every dollar they get me to give up.

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You need to start your own thread. Most of the regulars don't check in on this thread anymore. It's now just a thread that is posted for new people like yourself since it addresses just about every common question.

I'd start a new thread in the Is their a lawyer in the house forum. If I answer you here it's likely just going to be you and I only talking to each other.

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That's alright if it is just going to be you and I because your advice was what I wanted most! But I'll start a new thread, too, by just copying and pasting my previous post. I tried to message you, Coltfan, but since I haven't made 10 posts yet I don't have that privilege.

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This should be a mandatory read before anyone gets permission to post! out of the 101 new messages I saw today, 50 of them were "Help Midland/"Insert JDB here" It sure would save a lot of bandwidth and server space....

Chief

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By far the best post I have had the pleasure of reading , all in a nutshell , easy to follow and understand - Thanks Coltfan and Legal, you guys are the best!! The Midland bomb is about to drop on my end and I'm getting ready.

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In post #4, the link to the case is broken up by dots and I can't seem to access the page. Any chance on getting the link fixed? Would be much appreciated. I wanted to read that brief.

I just saw this post. Sorry, I know it's way late but the link is fixed. Sorry again.

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Just a quick question, as I've been served just yesterday - being sued by Midland through a law firm in Dallas. Last year I had received a settlement offer from said law firm, and I answered it with a debt validation request along with debt collector disclosure request - sent it certified mail, it was signed for on October 5. The law firm never answered it, nor did I receive any additional correspondence, but unknown to me, they filed this suit the next day after having received my correspondence. For some reason it took until yesterday (August 16) for someone to come and serve me. I'm just wondering, and I have been weeding through all the info on the site, but didn't they basically break a consumer law by ignoring my request and instead filing a lawsuit against me the very next day after receiving my requests? I was thinking that maybe I should consider a counter suit?

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At this point, a DV letter is useless.... dodging the process server can be bad too - many states allow service by publication - and it's often in an obscure and not widely read newspaper - meaning you will never know that you were served. Then they get an easy default.

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I agree with 1stStep, I think you should just go to the local court and get a copy of the complaint and answer it. You are doing the right thing by coming here. why put off the inevitable? Your going to either run until they get a default or turn and fight. I say turn and fight and hand them their balls in the basket they wove.

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Forget the DV. More than enough DV will be contained in the body of the lawsuit complaint. If you are ducking service, they will eventually serve you in person or just an order allowing them to serve you by notification in the local paper.

Not so sure you should just go get the lawsuit since you are new to all this. That's up to you of course. I would and many other would because we would just want to get on with it and sooner to be served the sooner to start putting it behind us.

However, while it should not matter, I would not want the judge having the knowledge I was ducking service. I'd use every bit of time you have to study, read and learn. I'd just let them serve me but not waste anytime that you could be using to get ready to beat them.

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Forget the DV. More than enough DV will be contained in the body of the lawsuit complaint. If you are ducking service, they will eventually serve you in person or just an order allowing them to serve you by notification in the local paper.

Not so sure you should just go get the lawsuit since you are new to all this. That's up to you of course. I would and many other would because we would just want to get on with it and sooner to be served the sooner to start putting it behind us.

However, while it should not matter, I would not want the judge having the knowledge I was ducking service. I'd use every bit of time you have to study, read and learn. I'd just let them serve me but not waste anytime that you could be using to get ready to beat them.

Then again, you would be going down to the courthouse to pick up the complaint yourself, or you would be sending a friend to do it. If you did use the extra time, it would be in perfecting your counter and third party claims.

I'm just sayin'

But, yeah, that is my general feeling for most people. Don't duck service, pick up the complaint in such a way that you won't be considered served, draft a solid response, and wait to be served. If you have time, start drafting discovery requests. Nothing says "I'm gonna kick your a$$" quite like a solid response sent in well under the allotted time accompanied with solid discovery requests.

A number of cases in my state get dismissed because the person is never even served because the law firms here take on too many cases and never even hire a process server. If they're actually trying to serve you, hiding can cause more problems than it solves. But, if they never even try to serve you, consider yourself lucky. One person here that I have been in contact with had just that happen with an OC. Never served, case dismissed due to lack of prosecution. She wasn't ducking either.

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Hi guys, first post here, let me say thank you for being a very comprehensive resource! My husband is being sued by Midland and had a few quick questions on how to make sure we are handling it correctly.

basic facts (without being too specific, please ask if you need more specific info):

-CC debt is between $3000-$6000 and 24-36 months old. we were hoping to get through the 48-month statute of limitations but midland is taking action

-midland filed a limited civil case in our jurisdiction. My husband was served within last 30 days. Court clerk included a 'Notice of first case management conference and assignment of judge for all purposes' document which has a court date about 6 mos from now. it says counsel for each party may appear in person or by telephone, and that we need to file and serve a 'case management statement' no later than 15 days prior.

-He spoke with a bk attorney friend who admittedly has little experience with JDBs. Fortunately thanks to the info in this thread and our conversations he was able to have a somewhat decent discussion. I have done more reading here and know a bit more about the process than my husband.

-Per the attorney's advice, he sent a 'general denial' (CA form PLD-050) and filed general denial and proof of service documents with the court in a timely fashion to prevent a default judgement

-attorney said that having a witness declare on the proof of service that he did mail the documents is acceptable.

-attorney also provided a case management statement and told us to be prepared to file it 30 days before the trial date. in that form he has suggested we select 'non jury trial', and for ADR (alternative dispute resolution) we select we are willing to participate in 'mediation' and a 'settlement conference'

so thats where we are at.

questions:

- upon review of the general denial form PLD-050, it states:

"You MAY use this form for a general denial if:

1. the complaint is not verfied; or

2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less, BUT NOT if the complaint involves a claim for more than $1,000 that hs been assigned to a third party debt collector for collection"

did we use the wrong form? Midland is claiming they own the debt and do not call themselves a third-party. i also have no idea what 'verified' vs. 'non-verified' means in the above context

-at what point do we request DV? weve received some new documents today that appear to be nothing at all filed with the court, but look like they are intended to be scary legal-looking docs. these include:

-'plaintiff's demands for production of documents to defendant'

-'plaintiff's requests for admission to defendant'

-'plaintiff's special interrogatories to defendant'

-an official-looking 'proof of service' doc that doesnt appear to be filed with any court

these have a 'this is an attempt to collect a debt' disclaimer down the side. basically these are a bunch of questions where they are attempting to have us incriminate ourselves, i imagine we should remain silent

-in regard to the 'case management statement' (if it gets that far), is it not in our best interest to select that we would participate in mediation and/or settlement. I mean we are disputing the standing of the debt 100% so why would we mediate/settle?

thanks so much for your help!!!

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