broncosmom80

Another Midland in Colorado, Date in 2 and a half weeks

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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.) 
Johnson Mark LLC
3. How much are you being sued for? 
4740.47 plus court costs
4. Who is the original creditor? (if not the Plaintiff) 
Chase Bank USA
5. How do you know you are being sued? (You were served, right?) 
Yep.. My 14 year old daughter was served with a summons to give to me
6. How were you served? (Mail, In person, Notice on door) 
My 14 year old daughter was served with a summons to give to me
7. Was the service legal as required by your state? 
I am not sure.. I didn't think it was ever legal to serve a minor 
Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 
Absolutely none
9. What state and county do you live in? 
Colorado--Arapahoe
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 
2010
11. What is the SOL on the debt? 
Not sure, that is part of my question.. the SOL for Credit Card debt is 4 years, Colorado is 6 years.. I moved to Colorado in 2013.. Prior to that, and the whole life of the Credit Card I lived in Idaho.  My ex husband who was "awarded" the debt in the divorce still lives in Idaho. 
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Not sure.. Served for sure, the court date is 01/19 to enter judgement.  

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

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?   It doesn't say, it just says:  IF you do not agree with the complaint, then you must either:  a.) Go to the Court at the above address and at the above date and time and file the answer stating any legal reason you have why judgement shouldn't be entered against you, OR a.) File the answer with the Court before that date and time.


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  Nothing

 

 

**  Side note **

 

I am aware of this credit card.  It was assigned to my ex husband in our divorce which was finalized in 2011, but we separated in 2010.  This credit card was not used or paid on after we separated.  It was a joint credit card, but I am the only one being sued.. I am thinking I have a good defense on it, but I am not sure how the rules on things work..

 

1) I really want to know if the SOL will follow Idaho where the debt incurred or Colorado where they filed.

2) I want to know if it will stand where they are only suing 1 of the 2 people authorized on the joint credit card account

and 3) If they can hold me responsible for credit card debt that was assigned to my ex husband in the divorce

and a side note, if there is an issue that the process server served my 14 year old daughter..

 

Thanks~

 

 

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