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Being Sued by Midland Funding LCC


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Hello, I just received a Summons today from Midland Funding and in need of assistance, ive been reading some threads and still very confused.

what I received

 

Cover Letter

 

To the Above-named Defendant(s) that ii am summoned and required to serve upon Breit Law offices, the undersigned, gives address an answer to the complaint in which is hervy served upon within 30 days.

 

the complaint

1. That midland funding LLC is the successor in interest to HSBC Bank Nevada, N.A. and is the proper party plaintiff

2. Defandant made purchases and/or cash advances on a charge account bearing account number XXXXXXXXXXXX8144

3. That defendant defaulted under the terms of the charge account agreement by failing to make payment on the account

4. Defandant above named owes the Plaintiff 752.65 on an account plus Interest after 10/31/11. That plaintiff has demanded payment from Defandant, but defendant has not paid same.

 

got the summons in person, and nothing else attached, help would be much appreciated.

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You were just "sued".. Call your local county courthouse and verify it's a real suit and then decides if your going to fight it. If so, then get ready to file a answer. You're going to have to study your local court and civil laws..  i am new too.. Just got served on 3-8-2013. I am not going down without a fight. 

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You have 30 days from the date you were served so take a deep breath and relax.

 

IMHO for $750 they will not put up much of a fight so take the time you have to learn the steps of fighting this and you have a very good chance to prevail.

 

Try and find the SD court Rules for Civil Procedure and it will tell you how to fill out your answer.  In general, most people admit their name and location and deny the rest.  Some state allow a "general denial" so again your court rules will let you know if that is allowed.

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  • 3 weeks later...

It's not your job to give him a copy of the agreement. Though I was more then happy to do so. Just make sure you are happy with the agreement copy before you do.

I would send him a nice reply that you would be willing to accept a mutual walk away and ask them to dismiss the case with prejudice. Midland is a joke of a JD buyer.

Just make sure you don't fail to answer the complaint. In Las Vegas I had 20 days to answer which left little time to negotiate. So I had my answer prepared in advance while I was writing the attorneys.

I just filed suit against Midland for TCPA violations in excess of 31k. So hope that makes you feel a bit better.

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Answer the complaint! The plaintiff attorney would be happy to banter back and forth with you for 28 days and get the default judgment because no answer was filed. And if you have the agreement, by all means, quote the part where Midland stepping into the shoes of the OC will pay the arbitration fees upon request of the consumer... So it doesn't matter what Midland "wants" to do. In the same letter, you can put the last paragraph: "In the alternative, Midland can dismiss the case with prejudice since they don't wish to abide by the agreement." Then they say no and your answer is in...

 

Then you would file your Motion to Compel. An agreement with JAMS would have been much better than AAA, a creditor's friend.

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No matter what you do with arbitration. FILE YOUR ANSWER. Usually the court has the form . Deny everything in the complaint. (see the bottom)I know it seems hard but I only had 20 days. Not sure in SD, but people lose by not responding(answering ) the complaint. So get this in ASAP.  Then worry about everything else.   Of course they are going to offer a lesser amT, but remember this . Do you want to pay one dime to someone you don't owe???

 

So go down to the court get the answer form, fill it out and sign it. if anyone else(like spouse) was listed in the complaint you need to make sure you (sign) their name too. Sorry, dont deny your name or address. Just what is deniable.

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