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Was just served by Midland Funding in Texas


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I was served at my home with papers saying that Midland Funding (I didn't even know they purchased my Citibank Debt) is suing me in JP court in my county here in Texas for $3173.59.  According to these papers they acquired my debt from Citibank in August of last year (2013).  Due to financial hardship we were unable to continue paying some of our bills. Because we received a payraise, we have recently enrolled with a debt settlement company but this debt is not included in that program. I have until next week to file an answer and am unsure what to do. I cannot figure out what I'm supposed to send them.  I haven't, to my knowledge,  recieved anything from Midland Funding until I was served these legal papers last week. I'm just not sure how to answer it myself or if I should try to pay out a lawyer to handle this for me. The only supporting documentation they sent was a copy of a statement from Sears/Citibank with a due date of September of 2013.

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I'm sorry, I guess I should have used this????:

 

1. Who is the named plaintiff in the suit? Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No Law Firm in particular, about 5 different attorney's names out of Houston Texas. After googling her name she is with Encore Capital Group.

3. How much are you being sued for? 3173.59

4. Who is the original creditor? ( if not the Plaintiff) Citibank/Sears

5. How do you know you are being sued? (You were served, right?)     I was served at my home in person
  
6. How were you served? (Mail, In person, Notice on door)   In person
  
7. Was the service legal as required by your state?   Yes

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?     I don't recall hearing from them before I was served these papers.

9. What state and county do you live in?     Midland County TX

   10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  Around February 2013

11. What is the SOL on the debt? To find out:   4
 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or     B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  Citation (I tried accessing it online and it would not work)

 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.   No, I filed an Answer and mailed a proof of service. That is all.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? The summons was filed on 9/17. I have 14 days to respond to the citation with an answer to the court.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They included a copy of a bill due 9/13 for the Original Creditor.

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One thing  your doing wrong is using a debt settlement company to pay your debts. You need to drop that as it won't get you anywhere. Second look on here for post made by Texrocker, he has a lot of stuff out there that you need to pay attention to. Make sure that you reply to the summons in the time that you have to or they will get a default on you. Start a file and save everything.

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Thank you.  After reading so much information I'm totally overwhelmed. I'm thinking of contacting an attorney to help me out.

 

@flock44

 

Always a wise choice. Unless you already have an attorney, consulting with an experienced consumer attorney is the best place to start. The National Association of Consumer Advocates  http://www.naca.net/  has a member referral link. Texas has some excellent NACA members. Good luck!

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Do not just consult with an attorney or a consumer attorney. Make sure you find one with FDCPA experience. Here are a few links dealing with Midland in your state. Look under the plaintiffs to find the active consumer FDCPA attorneys. 

 

http://dockets.justia.com/search?parties=midland&state=texas&nos=890&cases=mostrecent

 

http://dockets.justia.com/search?parties=midland&state=texas&nos=480&cases=mostrecent

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