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Preparing for Battle with Midland! HELP! Washington State


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I was served with a summons, no case number or file date. Called the court to see if it had been filed and they couldn't find anything. I live in Washington, if that helps somehow.

Midland Funding is named as the plaintiff. I have never heard of them, nor do I recall ever having reason to owe them money. Their claim is that I owe them money as they have been assigned by Chase to collect a debt.

I do not recall ever receiving a letter from Midland to inform me of the fact that this debt has been purchased or that there was collection on my account (Midland). My first interaction with Midland and Suttell & Hammer was the lovely summons that I received yesterday.

I think they need to prove that I owe them money, but I don't know what the first step would be. I've already drawn up an answer to their complaints denying everything in their letter and I've drawn up a DV with all of the requests of documents.

I've been reading and reading today. All of the information is great. I'm just having trouble with the order in which I need to make things happen.

Of course I want to make sure I complete all of the steps but I can't seem to figure out what the steps would be. Can someone please give me a short list, run down of what is going to happen and what I need?

Obviously, I answer to their complaint first but when do I send for DV? What happens after that? EEP! It's all overwhelming. Help me!

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I was served with a summons, no case number or file date. Called the court to see if it had been filed and they couldn't find anything. I live in Washington, if that helps somehow.

Midland Funding is named as the plaintiff. I have never heard of them, nor do I recall ever having reason to owe them money. Their claim is that I owe them money as they have been assigned by Chase to collect a debt.

I do not recall ever receiving a letter from Midland to inform me of the fact that this debt has been purchased or that there was collection on my account (Midland). My first interaction with Midland and Suttell & Hammer was the lovely summons that I received yesterday.

I think they need to prove that I owe them money, but I don't know what the first step would be. I've already drawn up an answer to their complaints denying everything in their letter and I've drawn up a DV with all of the requests of documents.

I've been reading and reading today. All of the information is great. I'm just having trouble with the order in which I need to make things happen.

Of course I want to make sure I complete all of the steps but I can't seem to figure out what the steps would be. Can someone please give me a short list, run down of what is going to happen and what I need?

Obviously, I answer to their complaint first but when do I send for DV? What happens after that? EEP! It's all overwhelming. Help me!

You've been served, so it's too late to request validation. Instead, you'll make discovery requests.

Read your court's Rules of Civil Procedure. In some states, a lawsuit is commenced (begins) when the Defendant is served. It doesn't have to be filed first. Call the court and ask how much time you have to answer the Complaint. If I'm not mistaken, it's 20 days in WA state, but don't quote me.

Your rules will have information about answering the Complaint, the discovery process, etc.

If you want suggestions for your responses to the allegations, you can post the Complaint. Be sure to redact personal information, account numbers, etc.

There are members on forum from your state, so I'm sure you'll get some more replies.

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Ok I am not an expert but I did recently beat Midland in Ohio.....first thing is to answer the summons with a denial....I used a general denial....basically said I owe them nothing, you will probably want to be a little more professional but at that point I didnt know anything and just wanted to get my answer in

After that you just take it one step at a time, you will go thru discovery etc......admit nothing, just remember that, it takes several months to go thru the whole process but you can beat them, they dont have what they need to win in court, so hang in there and keep posting here and getting advice :)

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BV80 is correct. You have 20 to submit your answer.

Midland is a junk debt buyer that probably bought the alleged debt from Chase for 3 cents on the dollar.

After posting the complaint there are a couple of threads you should read.

Coltfan1972 put together some good information about how to fight Midland.

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

Here is another great thread by Coltfan1972 about Standing which is the weak link in cases brought by junk debt buyers like Midland:

http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html

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Are you in Justice Court or Superior Court? As I remember there was some rules changes in WA where they do not have to file first. The idea is that many lawsuits are settled right after service. How this operates in reality is the JDB will often round file the challenged suits. But I would argue that doing that creates an FDCPA violation as it would be simulated legal process.

Get your answer done within the 20 days and served on them. The WA courts are so jammed up you will have a long time before anything else happens. After your answer is done then you can begin working on the discovery requests that will destroy Midlands case. You will need to watch for these guys attempting to file for default even after you answered, they are that sloppy.

You can see the dockets for all courts at no charge at: Washington Courts - Search Case Records

If you need to see filings and do searches you can get online access as soon as you have answered by signing up through the clerks office.

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Midland has made quite a name for itself, eating away consumer collection rights like termites eat wood -sweeping from state to state. I had never heard of Midland before finding out they had actually been awarded a default verdict against me after the fact. I had to have the case re-opened and jump through legal hoops to prove that I (nor anyone I knew) owned the account. I called our state department of financial institutions - and reported Midland. At that time, Midland was just beginning it's sweep through Wisconsin. But our FDI is now better equipped to assist consumers with complaints against Midland or with questions regarding which collection agencies can legally collect in our state.

I encourage any and all of you that have been on the receiving end of a jdb and their unscrupulous behavior or court actions - file a complaint with your state DFI. Hopefully, the more noise that we make, the less our subjection to infractions of consumer protection rights will occur.:roll:

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  • 1 month later...

I'm going through the same mess right now. I was just served a week ago and I am ordered to appear in Superior Court in August.

I have no idea what to do. If anyone could help me with some steps to take, that would be awesome. I have no idea what this alleged debt is even for. I don't ever recall getting a single phone call or letter from this outfit.

I'm not saying that I don't owe a debt, but I'm not saying that I do. I hit hard times a couple of years back and I was unable to pay my credit debts. Since then, I've managed to turn things around and was very diligent about getting debts paid and/or settled. I haven't had a single letter nor phone call from a credit collections outfit in more than a year so I figured that I took care of it.

Regardless of that, I want to fight this, because I do not want this to result in me going to debtor's jail or whatever, but I don't want to go to court and get steamrolled either.

Again, I am ordered to go before a superior court here in Wasnington. The documents I was served, demand that I provide the Plaintiff and their representing law firm with a truck load of my personal information and that they feel that their need to collect this debt outweighs my rights to personal privacy. And I sure as hell don't want to do that because I'm not about to blindly hand over personal information about my finances without knowing what is going on, but I obviously don't have a lot of time on my side. I just want some time to deal with this properly without being driven by fear. And I just need to know what the hell is going on before I they get total access to my bank account.

Can anyone help line me out with what options I might have and with some steps on what to do here. I read above that I need to file a DV and then send it to them. Is it not too late for that? I am within my 20 days, but I want to make sure that this is the correct step to take in my particular case. I'll be more than happy to provide more info on this situation, but right now, I don't even know where to begin to ask all of you the right questions. If anyone is willing to be specific with me on the steps to take here, I would be eternally grateful.

Any help/advice would be great. Thanks.

Edited by jama123
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Start your own thread and read the links in post 4 of this thread.

This is an old thread and a lot of regular posters that might give advice won't look at it anymore. The large majority of new posters needing help with Midland post once or twice and then don't want to mess with it, so there are probably hundreds of Midland is suing me threads. If you start your own you have better odds of getting help. However, I would just put the links in post # 4 in that new thread, so start there.

Good Luck. Midland can be beat but it takes some time, effort and determination.

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