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Midland Funding, Suttell Hammer and Small Claims Court

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On sept 8th I was served for a suit filed by Suttell and Hammer for plaintiff Midland Funding LLC for a debt they bought from Citibank (South Dakota) - Home Depot. The account was charged off and sold some years ago and my best records indicate a last payment to HD in February 2010.  Suit filed in Pierce County District Court. Case no. 752497. The cover sheet says amount of suit is $5142.53, but summons said $4942.53 is the sum for the judgement.


I need to respond to the summons and complaint within the next 8 days, but am having a hard time finding an attorney that has the time, so I have 2 questions.


1. Since the amount sued for is less than $5k, can I force this into small claims court, and if so, would that benefit me?


2. Since I am running short on to to respond to the complaint and summons, is it OK to simply file the notice to appear and not the Answers, or will that cause problems down the line? I'm afraid of putting in defenses that could get me in trouble or not listing some I should and thereby keeping myself from using them in the future.


As an aside, what is the defense called where they are asking $1,000's for a dept they likely paid 100's for. I read it elsewhere but cannot find it now.

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You really don't want it in small claims court.  There is a list of questions pinned at the top of this forum called questions to answer when posting in this forum.  copy and paste those here, and answer, then we can help you better.  You will want to file an anwser, and the only affirmative defense you don't have ot prove is Plaintiff lacks standing to sue. All others, the burden of proof rests on you, so don't worry about them.  No there is not a defense about paying only a little and suing for a lot, it is legal to do that.  Who is the plaintiff?

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