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littlebuddha2

I was served a faulty summons by Midland Funding LLC

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I hope someone can help me. I have researched through this site and many many other resources. The law is extremly difficult to interpret. I was served a faulty summons by Midland Funding today. I went to court with a prepared Answer and found out they never filed a case. I then spoke to someone at the attorney's office who claimed they were "trying to help me" and kept asking me questions I refused to answer because I felt they are so unethical I didn't not want to provide them with any information. I had to get a ride to court today and spent hours preparing my "answer". Had to take a cab home too. Is a faulty summons "illegal"? I spoke to someone at the attorney's office yesterday. I did not claim the debt and told them I need more information. I asked if the debt happened to be mine how much they needed to settle the debt... regardless the number they qouted they also informed me they would be in court to obtain a judgment asgainst me today. This seems highly unethcial but I realize that doen't have to do anything with "the law". What is the law surrounding this kind of scare tatic?

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well they cannot go obtain a judgement today against you.  After service, they have 10 days to file it with the court.  They always do this, they don't pay the filing fees upfront, and wait until service, then file.  That is why you have no case number. 

when you go back to the court,look at the record and see what it says about how you were served.  You might have a complaint against the process server.  They love to do sewer service.

 

As far as the law firm using a scare tactic, just give it back.  pretend your scared, but don't settle, maintain it's not yours.  don't converse with them on the phone, only in writing.  If they told you that in writing you would have a complaint against them, but now it is a he said she said.  Don't worry we will help you.  Colorado rules are a little different, and the lawyers here think they don't have to follow the rules, so post here before you respond to anything else except for the summons.

You need to send them a copy of your answer, and send everything by certified mail return receipt requested. Don't talk to them on the phone.

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ok i re-read my post.... let me correct and explain... they served this summons to me some time ago [left it on a door]... it explained i had to respond or go to court today and give my response to the court.... there is no case number.... the clerk could not find me in the system and called the attorney who said they didn't file the suit against me and asked the clerk to have me call them.

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Then I would show up at the time on the summons.  They will do nothing but ask you if this is yours, you say I am not sure, I don't have enough information, and they will set a trial date.  If you didn't show up today, they will try to file a default on you.  If it is past your time, I would call the court tomorrow and make sure they didn't show up to do that. If they did, you may have to file a motion to vacate default.

Call the court daily to make sure they don't just go file it on your, they are playing dirty, but you are not going to let them get away with it.

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i did show up yesterday [the court date written on the summons]. but the thing is it was not a "real" summons because they never filed a case against me with the court. when i went there the clerk of the court coud not find my "name" anywhere and so the clerk called the attorney. the attorney told the clerk to have me call them. it was a false summons. so i guess i don't file answer if there is no summons?

 

i feel that making someone get out of bed and travel to a place for no reason other than a scare tatic is going way to far and i feel it's harassment. i should be sueing them. i'm pretty sure this is illegal.

 

and btw i did call the clerk after i left. just to make sure everything was correct and they were not trying pulling some trick to win a judgement. but the clerk i spoke to couldn't find me in the court system anywhere.

 

and just for the record... this so called "summons" was left on a door a long longer than 2 weeks ago.

 

what do i do now? any suggestions?

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They most certainly can't pull this kind of tactic. Are you familiar with the Federal Debt Collections Practices Act? Here's a link if not, FDCPA - if you're in a position where you'll be dealing with debt collectors, I recommend getting to know it well. In this case, see Section 807 False or misleading representations - in particular #s 9, 10, & 13. They can't fake a court summons.

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thanks for the information. they absoulutely "faked" a summons. and i don't like the fact the clerk of the court was on the phone with them giving "any" information about me although the clerk was just trying to figure out why they couldn't find a case number or my name anywhere for court that day.

 

also what can i do now? sue them for serving me a false summons? i'd about like to do it. what if i would of been in some car accident or caused someone else who was giving me a ride there any harm just because of a "false" summons? that is going way to far imo.

 

i want to be pro active at this point and do something. i think it's VERY wrong what they did to me.

 

does anyone have any suggestions on what i can do?

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ok after reading that [thanks so much @RyanEX] I am going to file a suit on them. Is there anyone here who can help/guide me to what i need to do? i will research this and try my best to sift through this but i'm definitely going to make sure they didn't do that with no reprocussions and i did read something where i can collect money from them for doing something like this. it's not about the money to me but that was really horrible what they did.

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ok. i really appreciate it. i am going to file a complaint and i definitely want to speak to an attorney. why? not because of money. because what if i was killed on the way down there. i had to rearrange my scedule and ask for a ride which affected 2 other people... what if someone was in some accident because of something that wasn't even "real"... i had to take a cab home and spent countless hours responding with an "answer" to a debt i have NO idea is even mine. ;( so angry about it. and worst of all i can barely walk because of a surgery and what if i was worse off? what if this was some old 90 yr old? they should not get away with this and i hope i can do something.

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It angers me reading about it. Hopefully you can find an attorney thru NACA or elsewhere. Also, I recommend not speaking to Midland or Midland's attorney any more, not to let them know you'll be looking into filing a complaint, or anything else. From here, just speak to your own attorney :-)

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@littlebuddha2

 

I'd speak to an attorney before filing a complaint.  A complaint must be properly worded, or it can be dismissed.

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I'd say your next move would be to speak to an attorney. Don't bother with that answer, since there's no complaint Gather up any other items they have sent you, have them handy. Did they send you an initial letter? Or was this false summons the first communication?

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Make sure it is an attorney who specializes in consumer debt. Consult 2 or 3 to find the right one if need be. They should be able to do it for you on contingency.....they get paid when you win. It is 1 k to you, but I bet he can run those charges for his services up. They would probably want to settle, and I would make sure in that stipulation they included any rights to the alleged account so they can't sell it or sue you on it.

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thanks so much @shellieh98 & @RyanEX.

 

this was the first time i was aware of anything from their company. i will try to contact an attorney. i don't want them getting away with this. thanks so much everyone.

 

If this was the first time they communicated with you, then you could also have violations of FDCPA 809. There is certain language, regarding the nature of the debt and your right to request validation within 30 days, that needs to be in their initial communication or given to you in a separate letter within 5 days of the initial communication. I would guess this language was not in the fake summons?

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@RyanEX

 

A summons and complaint are not considered an initial communication that require the 30-day notice.

 

1692g(d):

 

(d) Legal pleadings
A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

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@RyanEX

 

A summons and complaint are not considered an initial communication that require the 30-day notice.

 

1692g(d):

 

(d) Legal pleadings

A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

 

But in this case what littllebuddha received was apparently a fake summons/complaint (in other words a collection method probably designed to motivate littlebuddha to deal with them). Since it wasn't legit, then I would think it is not covered by 1692(d)? ...therefore something that can be considered an initial communication?

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@RyanEX

 

I don't know that you'd call it a "fake" summons.  If a complaint can be served before it's filed, that's why it wouldn't have a case number; as a result, it wouldn't be fake.   The fact that they didn't file it might be considered a deceptive means to collect a debt under 1692e(11).  

 

I would also claim 1692e(5). 

 

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.   They sent a summons and complaint and knew that it had to be filed but didn't file it.

 

I wouldn't be surprised if the attorney claims that they intended to file, but just didn't get around to it.  I'd claim it anyway.  The attorney is supposed to know the law.

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@BV80

Okay, I gotcha. CA doesn't have it, but I know some states have summons/complaints that can be issued before the suit is filed. I think I missed that detail in this thread, it could have been a legit summons, but the suit was never filed.

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Thing is they served me at least a month ago...and it said I could send in my answer or show up on the 19th...and if I didn't a judgment could go against me...

So seems like a fake summons if they never filed... no??

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