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Midland Funding LLC sent me a civil summons


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I was served with a civil summons from Midland Funding on December 8th.  The summons states that Midland is the assignee of FIA Card Services/Bank of America.  It also states the amount I owe plus interest.  States that the venue is proper.  I have not sent a response because I was wondering how I need to go about this without a lawyer if possible.  I owe about $2300 plus $670 in interest, so in my opinion getting a lawyer wouldn't make sense to me. 

 

According to this thread: http://www.creditinfocenter.com/community/topic/266614-once-youre-in-court-dving-is-useless-really/ DV really won't help me.  Any opinions on this are appreciated.

 

Also this thread: http://www.creditinfocenter.com/community/topic/304704-midland-scumbags-vs-wife-ky/ mentions KRS 371.050 that deals with the amount that Midland can recover.

 

I'm fairly ignorant in how to go forward, e.g. how to word my response.  I would really appreciate any help I can get.  I'm recieving workers comp so I can't really afford much at the moment.

 

I look forward to hearing your responses!

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1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in?

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

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by 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).

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

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.

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?


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

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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.) Lloyd & McDaniel, PLC

3. How much are you being sued for? $2,312.25 plus accrued interest of $669.48

4. Who is the original creditor? (if not the Plaintiff) Midland Funding LLC who is the assignee of FIA Card Services/Bank of America

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

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

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

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in? Kentucky, Clinton

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2008

11. What is the SOL on the debt? I think 5 years

12. What is the status of your case? Suit served? Motions filed? You can find this by 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). Recently served.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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? 20 days to respond.  They claim I am indebted to them for the amount listed above. No interrogatory. 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent with summons.  Only the amount I owe. 

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Can you type out the complaint removing your personal info?

 

They had to state a claim on the complaint. Please type it out and we'll help you answer it. You were served December 8th. You have until the 28th to file an answer. Let's work on this today. It's not hard but you CANNOT miss that deadline or you will lose.

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I elected Arbitration against FIA ...... they ran.

See:

The Cost Strategy of Arbitration

Arbitration Case Law

The Strategy And Steps of Arbitration

CardMember Agreement Library

 

 

The above links should give you enough information to get the case tossed out of court and into a forum which the JDB (Midland) will not follow you into

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Here you go Flyerfan:

 

The Plantiff, by counsel, for its cause of action against the Defendant states as follows:

 

1.The Plaintiff owns and is the holder of an account due and owing by the Defendant, and is the assignee of FIA Card Services/Bank of America

 

2.The Defendant is indebted to the Plantiff in the amount of $2,312.25; plus accrued interest of $669.48 as of September 13, 2012

 

3. Venue is proper with this court based on the Defendant residing in Clinton County

 

Wherefore, Plaintiff respectfully requests the following relief:

 

1. Judgement against the Defendant in the sum of $2,312.25; plus accrued interest of $669.48 as of September 13, 2012

2. Interest thereon at the rate of 8% per annum from September 13, 2012, and 12% per annum from the date of Judgment, until the Judgement is satisfied

3. For Plaintiff's costs herein expended

4. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law.

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The answer can be very simply such as:

 

Use the same header that is on the complaint:

 

Plaintiff

 

v                                  Case #

 

Anglechel

 

Defendant's Answer

 

The defendant, Anglechel, denies all allegations in the complaint and leaves the Plaintiff to its proof.

 

The defendant, Anglechel, denies the existence of this debt and the Plaintiff's standing.

 

Defense  -  Lack of standing.

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Yes, definitely. That eliminates the "Oh, we never got that" excuse from Midland.

 

Don't feel like you're going to win this in the next few days or even weeks. It's a long road ahead but it's a good road. 95% or more don't even file an answer and get a default judgment against them. Be prepared to fight this for many months. Mine started in September and the trial is set for January. I am expecting a dismissal but its been a long fight to get this far. Luckily with this site, you WILL have help.

 

After you file you're answer we'll help you with discovery.

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BTW, I would also file a "general denial" with your answer. It is simply an affidavit by you denying that this debt is your and denying that you are indebted to Midland Funding. I've seen it come in handy on more than one occasion. I've also seen many MSJ's lost by the judge saying "you have not denied this debt". Getting as much on the record as possibly regarding your denial is a good thing, often and early.

 

Good luck!!

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I don't know all the details of your situation but it can be simple. It is just a statement with an oath that is notarized, like the affidavit they sent you.

 

I, Anglachel, deny that this is my debt.  I do not have a FIA credit card that currently holds a balance nor was defaulted on.

 

I deny the fact that this alleged debt is owned by the plaintiff absent a bill of sale that clearly states the defendant's name and account number.

 

Something like that will be fine as long as it is true. You must be able to affirm in court whatever you state in your denial.

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  • 3 weeks later...

I sent out a response to the civil summons I received on December 8th.  I sent it certified mail and received the return receipt on Dec 26th.  Today, Jan 8th, I received an ALIAS SUMMONS via certified mail.  All this contained was a file copy of the original complaint filed against me.

 

What is going on here?

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