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I am having the exact issue with the same law firm:

 

Received a Notice of Claim/Summons on Saturday 2/23/2013 stating,

 

The said plaintiff complains and says: That the defendant is indebted to the plaintiff for reasons stated herein for unpaid balance due. (Plaintiff being Midland Funding LLC as assignee of Citibank). and asks for judgement $$. 

 

I received via regular mail and the service requested was personal. (Not sure if this matters).

 

Attached to the summons was a letter declaring I wasn't active military and an affidavit of debt.

 

Affidavit of debt reads as follows: (Also not notorized).

 

I, name, am of adult age and am an employee of Midland Credit Management, servicing agent for plaintiff, and am fully authorized by plaintiff to make the following representations. Plaintiff purchases portfolios of delinquent accounts from either the original creditor or a subsequent purchaser of the account, and therefore assigns the accounts to MCM to be serviced. Plaintiff does not operator or maintain a computer system. MCM holds the computer records and account information for accounts purchased by plaintiff. I am familiar with the record-keeping practices of MCM. I have reviewed records kept in the normal course of MCM's business, and make the statements herein based upon personal knowledge of those accounts records maintained on plaintiff"s behalf.

 

1.  Defendant has an account balance of $$, which is owed to Plaintiff on account ####.

               a. The type of account is a credit card (Issuing company: CitiBank)

 

2. The plaintiff has obtained this debt from CitiBank (South Dakota).

 

3. The account balance includes MCM's records that there are no late fees after 2/20/09

------

 

The summons was issued 2/11/2013

The first letter I received from this law firm was dated 1/24/2013 

Affidavit dated 1/5/2013

 

The amount is just under $1000.00 

 

I could pay it off and just settle but I'm not sure I should.

First of all, I can't even find a CitiCard listed on my credit report or the original account number. All I find is MCM. I had not had a chance to send a letter of verification prior to the summons. Which, it doesn't look as though they waited 30days anyway! 

 

Now what??

I've read some horrible things about this law firm and MCM and not sure I should give them any money. I don't know if a DV is worth my time at this point. Court is scheduled 3/21/2013. 

 

Also, If I settle, will it still be filed as a public record on my report?

Or should I dispute? Also should I dispute MCM records on my credit report since there is no report for this account # originally??

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Let's just say this ...... the people on this board enjoy beating the tar out of Midland Funding on a very regular basis.

Copy and paste these questions back to this thread and answer them and then .......... let the fun begin.

 

You might want to read this post by ColtFan1972 regarding Midland and this post which outlines one of Midland's biggest hurdle in winning against an informed CIC member.

 

Then Google for Indiana rules of civil procedure and read ... read ... read.

 

For an amount this small you may want to consider arbitration to send them away.

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1. Who is the named plaintiff in the suit? Midland assignee of Citibank

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

3. How much are you being sued for? Just under $1000

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

5. How do you know you are being sued? (You were served, right?) Summons/claim via US mail

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Yes, a very general letter with no $$ amount or acct information dated 1/24/13

9. What state and county do you live in? Indiana (marion county)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/27/2007

11. What is the SOL on the debt? To find out: 6 yrs

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). 

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? I was given a court date only. 3/21/2013. Indiana law says you can counter the suit, but there is no requirement to answer... Not sure what the next step is.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only an affidavit which is included in its entirety in my first post.

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Let's keep to one thread ........ let this one die and keep your other thread active.

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Read up on Linda7's post about arbitration and read it through. Inform the attorney that you want to elect arb per your agreement with JAMS. Send it CMRRR as you will all mail. Make sure you answer any summons that you may get. But, for this amount electing arb should run them off. Also, read everything on here about beating midland, you can do it.

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I sometimes wonder if we really pay enough attention to what we reply to.

Crystal_2010 has another thread going ......... almost identical to this thread but with some additional info that is relevant to her case.

Since these two threads are redundant ........ let's avoid some confusion by sticking to the one thread.

 

 

Just a suggestion ........

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No harm  ........ no foul.

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