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Midland Funding, LLC-Plaintiff's verified Motiom


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I'm new on this forum and desperate. Some attorneys are representing Midland Fnding, LLC for a chase credit card in excess of $8,000. The SOL for IMdiana is 6 years but the law of governing state for DE is 3 years. I failed to answer the summons originally and I am kicking myself over this. Now they have sent a Plaintiff's Verified Motion to come to court so they can put a levy on my assets. Do you have any idea what i can do? I called the clerks office and they said I can still send a letter to respond. I just don't know how to go about this.

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You need to find your court rules and see what they say about default judgments (that's what happened to you). Virtually all courts allow you to file a motion to set aside the judgment and file an answer. Courts are supposed to favor ruling cases on their merits and there is all kinds of case law to this effect as well. Go to http://scholar.google.com and search case law in your state courts for terms like "default judgment" and "miscarriage of justice" (no, really - that's what they call it when a defendant is not permitted to appear and defend).

You will probably have to give a half way decent reason why you didn't file an answer in the first place.

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Here's a couple I found to get you going:

 

"a default judgment is not generally favored, and any doubt of its propriety must be resolved in favor of the defaulted party."

http://scholar.google.com/scholar_case?case=5871544771937046994&q=default+judgment&hl=en&as_sdt=4,15

 

"Injustice may be done where there is a valid defense to a plaintiff's claim and, were it not for the defendant's default, the proceeding probably would have had a different result."

http://scholar.google.com/scholar_case?case=13711186422736492011&hl=en&as_sdt=4,15&kqfp=2803947389137744210&kql=114&kqpfp=16118766123584445552#kq

 

 

But keep in mind...

"The defaulted party has the burden to show the trial court why a default judgment would result in an injustice and why his failure to plead should be excused."

http://scholar.google.com/scholar_case?case=5871544771937046994&q=default+judgment&hl=en&as_sdt=4,15

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Thanks for all of your help so far! What I don't quite understand is that I received a complaint on March 2013 which I didn't respond to. Then they filed a Plaintiff's verified motion on December 23rd. I have a court date set for Jan. 31st. It states the following:

3.That plaintiff believes that the judgment is unsatisfied and plaintiff has no cause to believe that levy of execution against the judgment dependent will satisfy the judgment.

4. That plaintiff believes that the judgment defendant has wages, assets, income property, or other nonexempt property which can be applied to the satisfaction of said judgment.

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@trulyblessed

 

The judgment date should be in the court records.  It's the date that the judge awarded the judgment to the plaintiff.

 

You need to read your court rules because you only have a limited amount of time to get a judgment vacated based upon certain reasons.  As @Harry Seaward pointed out, if they can prove you were legally served, you'd have to have a good reason for not answering the complaint.

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Hi!  I am new to the forums, but am a long time lurker.  I am from Indiana and wanted to add something for folks in Indiana.  If you are not aware, many counties in Indiana have your cases at the following link:  http://mycase.in.gov   You can search by party name or business name. Not all counties have their records there, so YMMV.  I am fighting  JDB right now that got a default judgment when I was never served and the CCS entry proved it. It was set aside and we started over. I also found that this JDB did NOT have a license or bond posted in Indiana, which is required by I.C. 25-11  Reading the statute leads me to believe that there is no private right of action, but the fines levied against a violator can be hefty nonetheless.  It is not Midland, but another JDB.  PM if you need details.

 

Thanks to all who post and share info here.  You have helped me and certainly countless others fight and slay the debt dragons!

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