Hearing for conciliation court for summary judgment by Midland Funding in Minnesota.

[Br148210]

I received a notice of hearing in the state of Minnesota in conciliation court filed on 2/14/14. The hearing is set for 4/16/14. Midland Funding claims I owe them money on an old credit card account. MN conciliation rules don't require an answer to the plaintiffs statement of claim, and that discovery would have to obtained via subpoena through the court of documents Midland would have proving the alleged debt. This was mailed to me via first class mail. Not certified either. I already found 1 technical error in the statement which might cause a delay in court or proceedings.

Plaintiff's statement of claim

X 1. Plaintiff request judgment against defendant (s) $593.48 plus a filing fee of $80 for a total of $673.48.

The relief requested consists of a principal amount of $593.48 plus a filing fee of $80.00, Plus an e-filing fee of $5.00 for a total of $673.48. <<<<<< The math is wrong on the court document. The correct amount should be $678.48.

Any advice on how to fight this in the state of Minnesota conciliation court would be much appreciated as I do not know how to proceed.

[Wins the Battle]

Not sure what your court date is, (was) but you probably should repost this in "Is there a lawyer in the house?" section--you might get more answers.

 

At any rate, Midland is famous for filing suit on out of SOL debt--if this debt went into arrears EITHER more than the SOL time in the state where the credit card company is domicile OR more than 6 years ago (MN SOL) they are breaking the law by filing suit on a time-barred debt.

 

In that case, you can look for a winning NACA attorney. They fight on the side of debtors, and, because filing suit on time-barred debt is illegal, they may take your case with no money up front.