300turbozx

Being sued by Midland Funding llc in Florida

Recommended Posts

I just got served a few hours ago, I dont know what to do and i dont know how to respond. I am in florida being sued by midland funding. Please some one help me I have read a few threads here and im completely lost. Can someone please help me and where should i start.

Share this post


Link to post
Share on other sites

You can start by answering the questions in this topic.

Just copy and paste them into this thread and then answer.

 

Next, you need to get familiar with the Florida Rules of Civil Procedure.

 

There are quite a few threads from Florida posters here and you can do a search for for them using the search utility in the top right hand corner of the forum.

Share this post


Link to post
Share on other sites

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.)

Pollack & Rosan

3. How much are you being sued for?

5708.78

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

Chase

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

Served

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

9. What state and county do you live in?

Florida, Osceola County

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

2/15/11

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

5 years

Statute of Limitations on Debts

 

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). Summons Issued

 

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 have 20 days to respond, I will be attaching a copy of the summons

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

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

1 statement from the OC

Share this post


Link to post
Share on other sites

Here Are the summons forms, any help is appreciated.

post-163666-0-94653600-1387553047_thumb.

post-163666-0-68473400-1387553057_thumb.

post-163666-0-35588300-1387553065_thumb.

Share this post


Link to post
Share on other sites

First step is to decide what you want to do. Midland Funding is a junk debt buyer. You could settle with them and make the lawsuit go away. The question is, you may owe money to Chase. but do you really owe it to Midland? And not just because they say so. If you're going to fight, you need to answer the lawsuit and start learning how to defend yourself. It's a lot of work but very rewarding if you put the effort in.

  • Like 1

Share this post


Link to post
Share on other sites

I do want to fight it. I dont know who Midland is and on the forms from the summons its states that i did business with them and thats not true. Im willing to put forth the effort. I just need to be set in the right direction. I have no idea how i even go about answering the summons to being with. I am open to all suggestions and i really do appreciate the help everyone thank you so much.

Share this post


Link to post
Share on other sites

I'm digging around to see if I can find you a sample answer for Florida. The concept is reasonably straight forward though. You answer each claim from their complaint. General denial is usually best. The only thing you should admit to is your name and address if you can help it. There are rules of civil procedure that govern how you're supposed to answer which you need to be aware of.

 

We have some good Florida posters including a lawyer who will hopefully chime in. 

Share this post


Link to post
Share on other sites

Almost forgot, there is one other option, assuming it's in the credit agreement, you could elect arbitration. It's expensive for Midland and will occasionally drive them off. I'm not super familiar with the process but it is an option potentially available to you.

Share this post


Link to post
Share on other sites

Thank you so much for that link. Does anyone know if that racecar guy is still active. He seems to be a huge help. Or any way to get a hold of him and spikey youve been great as well. Keep the info coming guys i hope once this is done i can help some one else out.

Share this post


Link to post
Share on other sites

What gets confusing is that each time you swipe a credit card, you're agreeing to the current credit agreement. So multiple agreements could be in effect depending how long the account was used for. The last agreement in effect when you stopped making charges is likely the correct agreement. Someone more knowledgeable will hopefully correct me if I'm wrong.

Share this post


Link to post
Share on other sites

What gets confusing is that each time you swipe a credit card, you're agreeing to the current credit agreement. So multiple agreements could be in effect depending how long the account was used for. The last agreement in effect when you stopped making charges is likely the correct agreement. Someone more knowledgeable will hopefully correct me if I'm wrong.

 

Many arbitration clauses have statements that the arb clause is forever and can't be amended. That allows you to use one that is more to your advantage.

  • Like 1

Share this post


Link to post
Share on other sites

I was reading about the arbitration and people say. It's not the. Best thing to start with. I need to know how to answer this summons. Before the 20 days anyone know how I can get a hold of lawkitty or nascar

Share this post


Link to post
Share on other sites

I've read that in FL. if you don't elect arbitration right from the get go ....... you will waive that right.

 

You can try to private message (PM) nascar or LawKitty .......... just search their name and hover your cursor over it. A pop-up will offer you the option to PM (Send message) them.

 

It used to be that you had to have 20 posts or better to use the private messages; I don't know that that rule is still in effect as the boards software has been upgraded recently. If you try to PM them and are refused; go to this forum and post some stuff to up your post count.

Share this post


Link to post
Share on other sites

Hey spikey i was reading over the thread you posted for me. I see that @racecar has a nice motion to dismiss. Is that something that i could use as well or is it case specific.

 I have seen also with most responses denying all allegations, is the way to answer back to the summons, is that correct?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.