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Civil summons and complaint from Midland llc - help please


cdw78
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Hi,

I was served by the local constable, a civil summons and complaint filed by Midland llc. / its attorney. It does state unless a written defense is made by you or an attorney and filed with the clerk a default judgment may be taken for relief.

All though it says summons there is no court date on it. Is it supposed to have a date to appear ?

Complaint is as follows -

1 ) Account of ME bearing the account # ending in 4355 is in default

2 ) Said account is due and payable to Midland llc, having aquired the account through sale, assignment or other legal means

3 ) Said obligation is past due, and the defendant owes plaintiff $6**.** with 12% per annum from date of judgement until paid, plus cost.

They attached an exhibit / affidavit stating they have purchased the the orginal debt and the creditor was Webbbank.
I am not familair with Webbank, but have a good idea who it could be.


I am not really sure how to answer the complaint right off, could someone please give me some advice ?

Not sure if I have posted this in the correct forum, please fogive me if not!

THANKS!

 

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  • 2 weeks later...

Thanks for the reply. I wasn't able to respond sooner due to spine surgery......

I just am not really sure how to word it I guess I mean or break it down like it supposed to be or what even needs to be on it, like case #s, names, etc.?
 

Are there any examples I could use get an Idea ?

 

Yes, the date was Sept 13, 2013

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Whatever you do just make sure you answer whatever is needed before the deadline. In some states like TN just filing a sworn denial will keep them from getting a default judgement.

 

I strongly suggest you answer the following questions. It will make it much easier for others to help you. Just leave out any personal info and round off all numbers. You might also want to post the documents they sent you. Just black out any personal info.

 

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.

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After you answer the complaint the next step will be deciding how to fight this. The Kentucky guaranty statute (KRS 371.065) is something that some have had success with. Some of the legal minds and others from KY might be able to help you with this. 

 

Just don't worry about this until you get the first step completed. 95%+ of these cases end in default because they are never challenged. 

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Thanks for the info. I have to have an answer in no later than tomorrow. Iv'e got to get something filed no later than tomorrow. I just don't really know how to answer the complaints or deny, etc.

It's been hard to get the response done or be here with the medical issues, but again, thanks for the help. Heres the info you requested.

 

1. Who is the named plaintiff in the suit? Midland LLC

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

3. How much are you being sued for?  $600


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

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

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

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, if anything they mailed looked like junk I trash it.

9. What state and county do you live in?  KY, FAYETTE CO.

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

Not positive, but 2012 maybe

11. What is the SOL on the debt? The complaint states I owed the OC as of Sept 2013

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). The status is - I was served stating I had 20 days to respond.and nothing further yet.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO, NOT YET

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 I haven't

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 have 20 days from Novemeber 13th to respond.

 

Complaint is as follows -

1 ) Account of ME bearing the account # ending in 4355 is in default

2 ) Said account is due and payable to Midland llc, having aquired the account through sale, assignment or other legal means

3 ) Said obligation is past due, and the defendant owes plaintiff $6**.** with 12% per annum from date of judgement until paid, plus cost.



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

 

They attached an exhibit / affidavit stating they have purchased the the orginal debt and the creditor was Webbbank.

$600 and some was owed as of Sept 17, 2013
I am not familair with Webbank, but have a good idea who it could be.

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Posted 10 November 2012 - 06:52 PM

Y

 

Thanks for the info. I have to have an answer in no later than tomorrow. Iv'e got to get something filed no later than tomorrow. I just don't really know how to answer the complaints or deny, etc.

It's been hard to get the response done or be here with the medical issues, but again, thanks for the help. Heres the info you requested.

 

1. Who is the named plaintiff in the suit? Midland LLC

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

3. How much are you being sued for?  $600


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

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

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

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, if anything they mailed looked like junk I trash it.

9. What state and county do you live in?  KY, FAYETTE CO.

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

Not positive, but 2012 maybe

11. What is the SOL on the debt? The complaint states I owed the OC as of Sept 2013

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). The status is - I was served stating I had 20 days to respond.and nothing further yet.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO, NOT YET

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 I haven't

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 have 20 days from Novemeber 13th to respond.

 

Complaint is as follows -

1 ) Account of ME bearing the account # ending in 4355 is in default

2 ) Said account is due and payable to Midland llc, having aquired the account through sale, assignment or other legal means

3 ) Said obligation is past due, and the defendant owes plaintiff $6**.** with 12% per annum from date of judgement until paid, plus cost.



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

 

They attached an exhibit / affidavit stating they have purchased the the orginal debt and the creditor was Webbbank.

$600 and some was owed as of Sept 17, 2013
I am not familair with Webbank, but have a good idea who it could be.

 

 Follow the format of the Complaint.  They made three allegations, so:

 

1.  The Defendant denies the allegations in paragraph one.

2. The Defendant denies the allegations in paragraph two.

3. The Defendant denies the allegations in paragraph three.

 

    AFFIRMATIVE DEFENSES

 

1. The Plaintiff lacks standing to bring this suit.

 

 

Respectfully submitted,

 

Your name

 

 

I do hereby swear that a true and correct copy of this Answer to Plaintiff's Complaint has been sent by  first class mail to the attorney for the Plaintiff,  name of law firm and address, on this day of------ December------ 2013

 

You will also send file a copy with the clerk of the court in which you were sued.

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