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Midland Lawsuit - Filing an Answer to the Court???


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Yes another Midland Funding Lawsuit.   I’m in Texas and was served Friday.  Long story short…husband died few years back.  Due to me being laid off we fell behind and he let several cards go.  Received a little life insurance and tried to do the right thing to bring it current.  Pretty much used all the life insurance getting everything current…ran out of money and fell behind again with many of them.  The one in question was close to charge off so I gave it new life…yahoo.  I can’t afford an attorney and have scrapped up $3200 – hoping to contact them and ask if they will settle for that.  

 

HHSBC             $5200               Charge off 9/11

 

It would seem reading all the threads that my most immediate concern is filing an answer by next Monday,  (1st Monday after 10 day).  I have no idea what this is and am not really finding anything on it. .  Is it something I compose addressing the complaint and stating that this is my debt and then take it to the courthouse?  I can call the number on the summons and find out where to go but can’t find a sample of this answer letter.  I want to go ahead and do this as I don’t trust Midland to not screw me over and get a default judgment because I didn’t show….. from what I’ve read they are sort of counting on this.

As tempting as it is to go to ground and have my checks direct deposited to a pay card and tell them to levy my empty checking account, I suspect this will somehow turn on me.   I’m older, own my home but other than that have not much of value and pretty much live pay check to pay check.

 

Any advice is appreciated - never been sued before. 

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Basically you would make a copy of the Complaint and insert your answers under each paragraph. We've seen plenty of Midland Complaints, just deny everything except your name and address and court jurisdiction. There are some good posters here from Texas, you'll get plenty of help. You seem to have more accounts like this, what is the total? Maybe BK would be the way to go and flush all of this. One thing is for sure, NEVER settle with Midland up front. You give them 3200 and you'll be on their sucker of the month poster. They may have paid $150 for your account, if that. There are better ways to deal with Midland.

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But it is my debt.  How / Why would I deny if it's mine.   I shudder at the thought of having to go to court, I truly want it to go away.  If I lose which I'm sure I will i will have that judgement out there , paid or not.  I'm hoping if I settle prior to court that won't happen.  Dang this is hard ;( 

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Welcome to CIC! You are on the right track now by preparing to deal with this instead of ignoring it like so many do. First you need to answer these questions. This format will help others help you. Just leave out any personal information and exact dollar amounts.

 

 

RACECAR's Questions

 

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 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?) 

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.

 
After you answer these questions you should write out the questions that need a response from you in the next box.
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Think of it this way, Austin. You are not denying the debt as much as you are denying you owe it to Midland! Make them prove they own it. If I sent you a letter saying I own it would you pay me three large or make me prove I actually bought it? THAT is what you will be fighting.

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Ok..  Here you go.

 

1. Who is the named plaintiff in the suit? Me

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  J Lang, Houston , TX  (no firm name)

 

3. How much are you being sued for?  $5517.12

 

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

 

5. How do you know you are being sued? (You were served, right?) I was Served on Friday evening, 3/22/13

 

6. How were you served? (Mail, In person, Notice on door) 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? None  at least in the past year  (I went through at least a years mail)

 

9. What state and county do you live in? Austin, Travis County

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/11

 

11. What is the SOL on the debt? 4 yrs

 

12. 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).

Served.   Have to have Answer to Court by 4/1/2013

 

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?  Monday , 10am, 4/1/13(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? NO

I'm taking the below from the affidavit of the Legal Specialist 

(This is short version if that is ok )

1. That I am the current owner , the obilgation sued upon and was assisigned all rights, title and interest to HSBC account.  That she has access to and has reviewed all records pertaining to acct and is authorized to make this affadavit.

2. That she is trained with the manner and method MCM creates and maintains it's business records.  The relevant financial info concerning the account includes the following:

3.  MCM's records show that acct was charged off 9/30/2011 w/ bal of $5517.  They purchased it 2/7/12 and was assigned the balance owed by defendant of $557.12 As of 9/30/2011 MCM's records show the balance of $5517.12 remains due and owing and no interest has been assessed to the acct. 

4. On 10/20/2011 acct was sold from HSBC to Argent Holdings .  It was then sold to Midland 2/7/2012

5. Attached are records regarding the acct and or payment rec'd .  The documents are true and correct copies of originals.  (NOT TRUE...ONLY THEIR PAPERWORK IS ATTACHED)

6. MCM acquired and incorporated the attached account records into its perm business records.   ..... These are plantiffs primary source of business records for this acct.

7. The accuracy of such documents was relied upon by Plantiff in purchasing and collecting this account.  These records are trustworth an relied upon because orginal creditor was required to keep useful records of the acct at issue as required by law. 

 

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

Affidavit from Legal Specialist.  All they attached was the Pre-Legal Notification  dated 7/27/2012 and a Statement from them.   Under Transactions on that statement it says  that the above ref account was purchased by Midland and is serviced by Midland .

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Next Questions:

 

Are those the 7 items I am to address in the Answer?  

 

Is it my goal in not settling to actually go to court or let them know that I'm not just a no show.   I understand that when you dont' show your odds of a good settlement are pretty bad.

 

If my husband is deceased and they are sending notices to him (my name nowhere) can they do that?  I haven't told them as I figured I alerted everyone including the bureaus and they should be able to figure it out.  I read somewhere they can be cited for not sending to correct person.

 

Thank you so much...posting on here has brought down my "freaked out " level a bit.

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Good news Austintatious, I contacted Midland on your behalf.  I purchased the debt from them so now I own it.   I'm a lot easier to work with than Midland and won't sue you near as quick.   They are going to drop the lawsuit and you are now just to deal with me. 

 

I promise I bought the debt from them and I am now the legal owner of your HSBC debt.  At this time since you are a new member I will accept only 2500.00 for payment in full.  I'll need 500.00 now and then you can pay me 200.00 per month.  

 

Please disregard all other notices as of today I am now the owner and servicer of this account.  I look forward to receiving your payment. 

 

Thanks,

 

Coltfan

 

Are you going to send me 2500.00?   Why?  because you've never heard of me?  Why? because I say I own it that's not good enough?  I can assure you that if you research me and Midland, I'll have much less fines from the FTC and state attorney general's than the cowards you are getting ready to fork your money over to.

 

If you would not pay me think why you would not pay me and then ask yourself if those same reasons apply to Midland.

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Next Questions:

 

Are those the 7 items I am to address in the Answer?  

 

Is it my goal in not settling to actually go to court or let them know that I'm not just a no show.   I understand that when you dont' show your odds of a good settlement are pretty bad.

 

If my husband is deceased and they are sending notices to him (my name nowhere) can they do that?  I haven't told them as I figured I alerted everyone including the bureaus and they should be able to figure it out.  I read somewhere they can be cited for not sending to correct person.

 

Thank you so much...posting on here has brought down my "freaked out " level a bit.

 

You did a great job answering the questions above. Only correction is that you are the defendant and Midland is the plaintiff. 

 

You have several options to beat them. I would not offer them anything since they are not the original debtor. Even HSBC is now Capital Once, so the original creditor is not in business any longer.

 

-You can learn how to defend yourself here and not pay them a dime.

 

-You can hire an attorney for a fraction of the money you are willing to pay them and get it dismissed.

 

-You can also look into arbitration depending on what your credit card agreement allows.

 

 

As for them sending notices to your husband that is something for others on here to answer. 

 

 In TN all you do is file a sworn denial, but Texas may be different. So wait for someone familiar with Texas Law to help you answer the questions, if required.

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If you are short on time use this to file your answer so plaintiff does not win by default judgement.

The following answer should only be used to prevent a Default Judgment against you in a
CIVIL ACTION filed against you in a Texas STATE COURT.

 

Top right of the document press download original

 

https://docs.google.com/viewer?a=v&q=cache:mY_uF2yJX-4J:www.consumerlawoffice.com/Answer.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESiod4JGbZyJB5nCuCroEozBaRRQVYJTlGzRPFUe-Eu4roIghwA6Xg6Cd-mSmpw-ZKI6rbcbzVXRWzats0vb-IPBCg8t8GyCWgQxuSON8isjWiceIfyj_mfTbUCmCWtLrO6OHwLi&sig=AHIEtbQ4zxIFSgPaldcSHV8BqIVlhtVXtw

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Dont pay midland funding one cent.You may owe somebody but you dont owe midland funding anything.

Just some stuff to read,these are the creditors handbooks.

https://docs.google.com/viewer?a=v&q=cache:dRvWMpMrywQJ:www.law.gonzaga.edu/files/Jarzombek-Defending-Debt-Collection-Suits.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESig6x6Pp7_vL9YSWh0xv44fHWWvy8qUkp3wTk8RzrZHt-j08AT6xz8eRtiLOo4ygywVt22yulkJu1hkYZ3VDpcUUG745wqbAZcj-4gRAsorBdiDz7gp9a0tPtnidsYYgPOsqGDf&sig=AHIEtbT-Z8gk-OiycB-YdJbBgHTShgrAaQ

 

https://docs.google.com/viewer?a=v&q=cache:FFlAcniZ96sJ:www.texasbarcle.com/cle/OLGetArticle.asp%3FlArticleID%3D142080%26sType%3DTOC%26sFile%3D%252FMaterials%252FEvents%252F11171%252F142080.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESgrvNiwaBu6Ntaf58CcwlZUEUx99k0WHNPcIuXXef4WncxE2qwDubAmczvdOy79tVCdeAgQ7UpL-Spks6ZGJMR7BfOgRsXIn3zf9vohbBUCwqc4c8d26HopBFTnAyD9oSIpRpdT&sig=AHIEtbTOOjGv0k7nIkCbLc-v1eYZDGZDWw

 

https://docs.google.com/viewer?a=v&q=cache:-t6r4H4sIXgJ:www.texasbarcle.com/cle/OLGetArticle.asp%3FlArticleID%3D136467%26sType%3DTOC%26sFile%3D%252FMaterials%252FEvents%252F10305%252F136467.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESi8LZ0reLqJDAfK73c0EVxnm4q4ICM1Pdmlr9zv-cr0vvM24KzUlEs1Mbjk-Ttc_BsB52bAhhdKI5RrNBaMgdBrGTqaQkwcrRsEaeAQrXUHEt1Gi3ihHbg8Y3tuN4Q9WCVfB3ld&sig=AHIEtbT7hRXV3reU7qCKjE2RHvnZBVMz6Q

 

https://docs.google.com/viewer?a=v&q=cache:TCMPM8cftC4J:www.blendenlawfirm.com/uploads/1/3/4/6/13469420/crcauses200809.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESgpe3NODh_Xtms2JjHezQPP-mwANdz-1bSqvf8tcQ1Fi0R2H__IYbsC_nBXfZrCxuYzbdurKoYFO-M0HlRVAZv14p2dXYed2bmU5Ed7BPrvAGhr2uZGHtkQ3GJsckV9CrkTKe46&sig=AHIEtbQGGMC3TmdorWIL8-YeEGlOAtU0ZA

 

https://docs.google.com/viewer?a=v&q=cache:e98nE0EoBYwJ:www.blendenlawfirm.com/uploads/1/3/4/6/13469420/17174credpaper.12.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESiiUs-sufRAV0CpSLsDOgUIumh2GiM5dUul4_jRnnkZidtyDNGXl-C294G7JWIH3YiR-BUcp5x-hPni_Cl-_V7vsv7mS2zyCb6S4YC4LzlGIBqnQ8y5z579SWCRNx5VcWjqrlMj&sig=AHIEtbRBBz71XhPUFeA-gpnGXvbc1QxAMw

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Good news Austintatious, I contacted Midland on your behalf.  I purchased the debt from them so now I own it.   I'm a lot easier to work with than Midland and won't sue you near as quick.   They are going to drop the lawsuit and you are now just to deal with me. 

 

I promise I bought the debt from them and I am now the legal owner of your HSBC debt.  At this time since you are a new member I will accept only 2500.00 for payment in full.  I'll need 500.00 now and then you can pay me 200.00 per month.  

 

Please disregard all other notices as of today I am now the owner and servicer of this account.  I look forward to receiving your payment. 

 

Thanks,

 

Coltfan

 

Are you going to send me 2500.00?   Why?  because you've never heard of me?  Why? because I say I own it that's not good enough?  I can assure you that if you research me and Midland, I'll have much less fines from the FTC and state attorney general's than the cowards you are getting ready to fork your money over to.

 

If you would not pay me think why you would not pay me and then ask yourself if those same reasons apply to Midland.

 

EXACTLY!!

 

Actually that's a scary letter, Coltfan. Where do I send a check?

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Good news Austintatious, I contacted Midland on your behalf.  I purchased the debt from them so now I own it.   I'm a lot easier to work with than Midland and won't sue you near as quick.   They are going to drop the lawsuit and you are now just to deal with me. 

 

I promise I bought the debt from them and I am now the legal owner of your HSBC debt.  At this time since you are a new member I will accept only 2500.00 for payment in full.  I'll need 500.00 now and then you can pay me 200.00 per month.  

 

Please disregard all other notices as of today I am now the owner and servicer of this account.  I look forward to receiving your payment. 

 

Thanks,

 

Coltfan

 

Are you going to send me 2500.00?   Why?  because you've never heard of me?  Why? because I say I own it that's not good enough?  I can assure you that if you research me and Midland, I'll have much less fines from the FTC and state attorney general's than the cowards you are getting ready to fork your money over to.

 

If you would not pay me think why you would not pay me and then ask yourself if those same reasons apply to Midland.

Awwww that is so sweet...wait you are trying to make a point me thinks ;)   I do get it but I'm confiicted about the fact that they can put a judgement against me if I lose and levy my bank account etc.    I read that the State of Texas Attorney Generals office has a suit against them.   I have requested a consult w/ a local debt attorney and I'm hoping they will consider taking this.  They are reasonable in price and according to their site have won numerouse cases against Midland..in fact , they seem to hate them.  Will keep  you updated.

Racecar:  Thanks for the Emergency Answer link.  Am continuing to work on that in  case i have to file it myself Monday. 

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The second Midland gets a letter from an attorney they will run.   You can hire an attorney that only does over seas adoptions and has never stepped foot in civil court and only practices in family court, and as soon as Midland sees "Attorney at Law" on the letterhead, they are outta there.  

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If you want the best in your state, call Jerry Jarzombek. Midland will probably quit right there. The good news in Texas is that you have a lot of exemptions. Homestead exemption against liens, and they cannot garnish wages. Yes, they can raid a bank account if they have a judgment, but there is no law that says you have to have one, is there? As for any collection notices addressed to your late husband, I would send them back with a copy of the death certificate. If they continue to pursue collections after that, you may have grounds to sue them. That's where Jerry comes in, he is very good at finding violations against Midland. If he sues them under the FDCPA, he gets his attorney's fees paid. Most us here just do it ourselves, but that's not for you. Coltfan bought his own booth at Burger King with checks from Midland.

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Legal Aide and a retired attorney friend referred me to a Tom Thomas.  After contacting them they immediately shot back an email saying DON'T EVEN CONSIDER SETTLING.  I just emailed the Summons.  If he takes it sure am hoping he'll do that Answer....

Yes I'm clearly out of my zone here so hopefully this will work out.  I'm just a lowly State of TX CPS worker ;) I hate people that pick on the innocent and unprotected.

I'll check out that booth at Burger King :)

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Coltfan was once stuck in a circle booth for 7 hours at his local Burger King and had to be cutout by the Jaws of Life.

Even while being trapped within a circle booth surrounded by the entire Little Rock fire department he was able to demolish 8 whoppers and three large fries while working on his motion to sue Burger King for unsafe booths. He recently had his deposition in that case.We have been waiting on the video.I was told something about ketchup getting on the recording.

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I can't wait until Uncle Jed sees this. You are going to be in more trouble than Jimmy Garvin was in 1987.

 

He has his own personal booth now, which is reinforced with concrete and dancing grls. They have the theme from "Rocky" in their PA system, and when Coltfan's Rolls Royce pulls into the parking lot, they get ready for the arrival of The Great One. Six girls immediately change from Burger King outfits to string bikinis. They put on a double shift and start grillin' and chillin'. The double bacon triple cheeseburgers begin to fly off the barbecue in record time. A cement mixer is called into duty to make the chocolate shakes. French Fries appear faster than Justice Ruth Buzzy Ginsberg can come down on the left wing side of any decision. Two blondes go into the parking lot and help Coltfan shed his $15,000 robe, revealing his custom made overalls. They then escort him to his booth, swooning at him and asking for legal advice.

 

"Oh Coltfan, my boyfriend ran out on me and stuck me with the rent. What can I do?"

 

"Relax, Baby," he drawls. "I've handled......cases like yours before. I'll fix this for you, then maybe you can get......stuck with something else tonight. Like the tab for my meal, which resembles the national debt."

 

Then the throng of admirers circles his booth, asking for autographs and pictures of Midland lawyers crying at their desks. He obliges, then settles back for dinner. He loosens his overalls, and yells "Let the eating begin!"

 

A young girl approaches him and stares in disbelief at the mountain of food in front of him. "Where do you put it?" she exclaims.

 

"Now that would be improper for me to tell you," he says, looking her up and down. "You aren't quite thirteen yet. Hereabouts, a chaste girl is somebody who can outrun her uncle. Which means she is chaste after being chased. Oh, maybe you mean the food.....I do have several pork sandwiches here, that threw me off. You put it here, Darlin'," he grins, rubbing his mammoth stomach. "Haystacks Calhoun got nothing on me. Now you run along, and come see Ol' Uncle Coltfan after you get your second teeth."

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