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gem

Sued by Midland Funding LLC in TX - Please help!

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I received a Civil Citation for a Debt Claim Case.  I am disabled with Social security as my only income.  I read in Midland's Consumer Bill of Rights  Article 3. b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets.  I also received a letter yesterday from them asking me to call them.  Since I have never made any contact with them, I am concerned that if I do call them it will re-age the account.

 

I am tempted to contact them about what I discovered from their website but I don't know if anyone has had success with them honoring their Bill of Rights.  Anyone?

 

btw, it appears that they are still trying to personally serve me...Constable at my door today....

 

ANY HELP WOULD BE APPRECIATED

 

Below is the info from the lawsuit.

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.)

4 Attorneys listed as Attorneys for Midland FUNDING LLC with a P O BOX address in TX.

3. How much are you being sued for?

approx $8,200

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

CHASE BANK USA N.A.

5. How do you know you are being sued? (You were served, right?)
A Citation was posted on the front door of my home by person from Profession Service Process

6. How were you served? (Mail, In person, Notice on door)

Notice on door


7. Was the service legal as required by your state?

Do not know. They had asked for alternate service as they had been unable to serve me before and the alternate service options stated 1). mailing a copy and delivering a true copy to anyone above age 16 at the address or 2.) mailing a copy of the citation by first class mail and attaching a true copy to the front door/entry way at the address

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
NONE

9. What state and county do you live in?

FORT BEND, TX

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

To the original credit card company, about May 2010 or before (no later than 5/2010 as per the credit report. - it shows 30 days late in 6/2010). Petition was filed end of June 25, 2013.

11. What is the SOL on the debt?

4 years in Texas (from last payment date)

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).

7/1/2013 Original petition

7/17/2013 Citation

7/23/2013 Civil citation service - unserved
6/27/14 Order for substitute service

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.

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?

I received as follows: 14 days. Citation was posted on 9/15.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

​They attached copy of the 11/2010 statement

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@gem

Sorry, but I'm not familiar with Texas law. Here is a link to pro bono legal aid in Fort Bend.  http://www.fortbendlawyerscare.org/  

 

I do know that a recent forum member who is a disabled veteran in Maine printed out  Midland's Bill of Consumer Rights and sent them a letter with verification of his status, and they dismissed his case. I'd be very careful to get all my ducks lined up first with the lawsuit so that you don't have a default judgment. With your financial and physical situation, it seems like you'd be a eligible for legal aid assistance.  Perhaps some Texas CIC members will have better advice.

 

 

Good luck.

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There have been several here that have had their lawsuits dismissed for those very reasons by midland.  I would call them directly if you can't speak with the lawyers.  If you don't have a dismissal befofe the time to answer the suit, be sure and answer it so there will be no default judgement. Good luck!

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: syntax error, unexpected T_STRING in  on line 

is what I keep getting from link, too.

@gem

Sorry, but I'm not familiar with Texas law. Here is a link to pro bono legal aid in Fort Bend.  http://www.fortbendlawyerscare.org/  

 

I do know that a recent forum member who is a disabled veteran in Maine printed out  Midland's Bill of Consumer Rights and sent them a letter with verification of his status, and they dismissed his case. I'd be very careful to get all my ducks lined up first with the lawsuit so that you don't have a default judgment. With your financial and physical situation, it seems like you'd be a eligible for legal aid assistance.  Perhaps some Texas CIC members will have better advice.

 

 

Good luck.

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