HTXC

Midland Funding LLC filed lawsuit against me in Texas.

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I do not recall receiving a letter from Midland.  I also have not been served papers by any individual on behalf of Midland.  I did however receive about 8 letters from different attorneys offices informing me that a law suit was filed on about a week ago by Midland against me for the collection of a debt.  I presume I am in the beginning stages of this whole ordeal.  I did some reading and found that if a judgment is made against me the worst that can happen in Texas is my bank account can be frozen.  I am most concerned with avoiding this at all costs.  I have spoken to some friends just to see if they have had any experience in this and they say it is a scare tactic.  However, I do not want to risk it at all.  

Is there an amount of time that they have to serve me?  

If they do not serve me in that amount of time can I ignore the whole thing?

Do I have to be served in person or can they mail/leave something on my door?

In the case that I am served is it best to hire an attorney?

I like most do not have much means to hire an attorney but I absolutely cannot risk having my bank account frozen in the case that a judgement is filed against me.  

 

Any info. is greatly appreciated.

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Well if your willing to learn, we can help you do this yourself.  Start by googling your Texas rules of civil procedures.  In those, search out civil suits, and read on what constitutes legal service.  No don't ever ignore, or they can get a default judgement against you.  

look up your court online and see if you can pull up individual cases.  you can search your name and see who filed against you, for how much, and if they have claimed if you were served or not. Start there.

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32 minutes ago, HTXC said:

Is there an amount of time that they have to serve me?  

In Texas it can take a couple of months to be served depending on where you are.  I just filed a suit against a CA last month and am still waiting to get a court date and them served.

33 minutes ago, HTXC said:

If they do not serve me in that amount of time can I ignore the whole thing?

Don't ignore the whole thing.   See if you can follow the case on line and its status.  The last thing you want is for them to use an alternative service and get a default judgment in your absence.  If you are never served then it should be dismissed automatically but that can take a year or more.

If you are concerned about a bank account levy then the best thing to do is start living "unbanked" meaning close the account and use a prepaid debit card for everything including direct deposit of a paycheck.  Finding one of those by a creditor is next to impossible.

 

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If they can't find you to serve you within a couple of months, they will file a motion to serve you under a special rule (rule 107 I think if memory serves correctly). This means they can leave it on your doorstep (happened to me once), mail it, or publish it. You want to avoid this because even if it gets dropped on your doorstep (assuming they have the correct address for you), who's to say the neighbor's dog doesn't run off with it? Then, next thing you know, there will be a judgment against you.

Sound advice from shellieh98 and Clydesmom ... if your court(s) have the online search then look yourself up and see. This could be JP Court, County Court or District Court so check all of them. If no online search facility for a particular court, you may even want to go down there and search manually. You should consider all options/alternatives to traditional banking. However, you only need worry about this if they actually get a judgment against you first.

If you get served, let us all know so we can help. Midland is a JDB and there's several ways to scare them off.

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36 minutes ago, shellieh98 said:

Well if your willing to learn, we can help you do this yourself.  Start by googling your Texas rules of civil procedures.  In those, search out civil suits, and read on what constitutes legal service.  No don't ever ignore, or they can get a default judgement against you.  

look up your court online and see if you can pull up individual cases.  you can search your name and see who filed against you, for how much, and if they have claimed if you were served or not. Start there.

Thank you for your response.  I have checked the Texas rules of civil procedures and it is basically German to me.  I do not have time to be in court so I am thinking I may have to get an attorney.  I am also wondering if I can contact the company and try to set up a payment plan or is it too late for that?

 

 

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Wait... you're starting to panic... this is the last thing you need.

Do you have any idea how much the debt may be for? You can probably easily fight this without hiring an attorney or ever stepping foot in court. We will help you. I know it's scary but please stop freaking out...you haven't even been served yet.

Oh and DO NOT contact Midland offering to pay them anything!!!!!!!!!!!!!

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31 minutes ago, Clydesmom said:

In Texas it can take a couple of months to be served depending on where you are.  I just filed a suit against a CA last month and am still waiting to get a court date and them served.

Don't ignore the whole thing.   See if you can follow the case on line and its status.  The last thing you want is for them to use an alternative service and get a default judgment in your absence.  If you are never served then it should be dismissed automatically but that can take a year or more.

If you are concerned about a bank account levy then the best thing to do is start living "unbanked" meaning close the account and use a prepaid debit card for everything including direct deposit of a paycheck.  Finding one of those by a creditor is next to impossible.

 

I found the case on the courts site.  Says no service fee for citation.  Does that mean I have yet to be served?  (Apologies if these questions are dumb. I have 0 experience with this)  I am unaware if serve means someone literally handed me a paper or left it on my door OR if it means I was mailed something by the suing party.  I do not recall receiving anything in the mail but it may have slipped past me.

I see under filing info description: petition filed .  Event description: pending and event date / time shows a month that is about 6 months away.  Am I to presume this is the court date?  And if so in the event that I am not served by that time  will it be dismissed then or before then?  Rather how long do they have to serve me before it can be dismissed?  Edit: I see you said it can take a couple of months to be served.

 

I have thought about the unbanked thing but seeing as I am in the beginning stages of this whole situation I am looking towards not even getting to such a point.

 

Thank you for your response.

Edited by HTXC

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58 minutes ago, qednick said:

Wait... you're starting to panic... this is the last thing you need.

Do you have any idea how much the debt may be for? You can probably easily fight this without hiring an attorney or ever stepping foot in court. We will help you. I know it's scary but please stop freaking out...you haven't even been served yet.

Oh and DO NOT contact Midland offering to pay them anything!!!!!!!!!!!!!

Yesterday I was in panic mode.  Today I am more of in a find out what the options are /get all the information on this that I can mode.  That is what prompted me to post in this forum.  The amount owed is 4,700.    IF I can beat this without having to set a foot in court I would be overjoyed.  So, do I wait to be served before proceeding?  

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Yes sir! There's no much to do until you actually have the summons and complaint. Do you know who the original creditor was? You will essentially have maybe two options:

  1. File an answer, make them prove their claims, make their life hell with discovery.
  2. File for arbitration (if the original contract permits).

The object is to make it so hellish and/or expensive they'll just give up and go onto the next victim.

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11 minutes ago, qednick said:

Yes sir! There's no much to do until you actually have the summons and complaint. Do you know who the original creditor was? You will essentially have maybe two options:

  1. File an answer, make them prove their claims, make their life hell with discovery.
  2. File for arbitration (if the original contract permits).

The object is to make it so hellish and/or expensive they'll just give up and go onto the next victim.

Ok.  I get to hurry up and wait.  That is fine with me.  Yes, I know who the original creditor was.  So after I am served I should file an answer which is essentially asking them to prove that they bought the debt from original creditor?  Is it as simple as me sending them a letter asking them for proof or is there a certain verbiage that has to be used / form?

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@HTXC Your "answer" will basically be a general denial. Look at some of the other recent Texas based threads to get an idea of what the answer will look like. The answer gets filed with the court and also copy sent to the plaintiff's attorney.

Discovery is where you ask plaintiff interrogatories, production of documents, admissions, etc. - this does not get filed with the court.

You file your answer first, then you can conduct discovery. However, you can't do either until you actually get served. So in the meantime, read some of the other recent Texas threads so you get an idea of what to do once that happens.

Other alternative, since you know who the OC was, is to find an agreement applicable to you and your account and see what it says about arbitration.

By the way, I see you said you found the case on the court's online system. Which court is it? JP court, County, or District court?

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1 hour ago, qednick said:

@HTXC Your "answer" will basically be a general denial. Look at some of the other recent Texas based threads to get an idea of what the answer will look like. The answer gets filed with the court and also copy sent to the plaintiff's attorney.

Discovery is where you ask plaintiff interrogatories, production of documents, admissions, etc. - this does not get filed with the court.

You file your answer first, then you can conduct discovery. However, you can't do either until you actually get served. So in the meantime, read some of the other recent Texas threads so you get an idea of what to do once that happens.

Other alternative, since you know who the OC was, is to find an agreement applicable to you and your account and see what it says about arbitration.

By the way, I see you said you found the case on the court's online system. Which court is it? JP court, County, or District court?

Where would one find such an agreement?  I know I do not have any paper work from them. If I ever did it is long gone. 

It is JP court.

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51 minutes ago, HTXC said:

Where would one find such an agreement?  I know I do not have any paper work from them. If I ever did it is long gone. 

It is JP court.

Who is the OC? Also, when was the a/c charged off? If you google "<name of OC> agreement <year of charge off>" hopefully something will come up. Or you might find one here: http://www.consumerfinance.gov/credit-cards/agreements/

Because it's JP court, you would have to ask the court for permission to conduct discovery. If granted, your discovery requests will typically be limited to 10 items at a time. But you can worry about that after getting served and filing your answer. Everyone here will help you...all you need to do is update us as and when things happen. :)

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30 minutes ago, qednick said:

Who is the OC? Also, when was the a/c charged off? If you google "<name of OC> agreement <year of charge off>" hopefully something will come up. Or you might find one here: http://www.consumerfinance.gov/credit-cards/agreements/

Because it's JP court, you would have to ask the court for permission to conduct discovery. If granted, your discovery requests will typically be limited to 10 items at a time. But you can worry about that after getting served and filing your answer. Everyone here will help you...all you need to do is update us as and when things happen. :)

Citibank is the OC.  I took a look at that site.  Kind of confused by it.  

A friend of mine was telling me I should just contact Midland and set up payments.  I have also spoken to an attorney who states they can either get it dismissed or a lump sum that is small to pay off.  I am exploring all avenues and since I have yet to be served I have a little time.  My main thing is not wanting to take time off to go to a courthouse.  Also, if I end up having to pay I do not want to pay an outrageous amount.   And of course avoiding the whole bank freezing thing.  

I will keep updating this thread as I go through the motions.  I appreciate any help and guidance.

 

I was looking at this site: http://www.creditcardlawsuitdefense.com/texas-credit-card-lawsuit-attorney-results/ 

Dismissed by plaintiff prior to trial can mean what exactly?

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Dismissed by plaintiff prior to trial means they gave up on it and withdrew the suit. That is what will likely happen if you follow what's being said here. Because you're dealing with a JDB rather than the OC, I think you have a really good shot at scaring them off without getting an attorney involved--though that's up to you.
 Personally, I wouldn't pay the JDB or an attorney for this. The attorney will likely do exactly what's being suggested here.

Citibank generally have arbitration clauses in their c/card agreements. They also have a small claims exception for it but, by all accounts, citibank agreements are worded weird which could invalidate that exception. Since you haven't been served yet, I'm wondering if you could go ahead and file in JAMS prior to being served even though the lawsuit has been issued. Perhaps someone else can chime in on that?

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to HTXC - this is now happening to me...got FIRST LETTER from an ATTORNEY saying "they can help me with the lawsuit recently filed by MIDLAND".  I DID respond to MIDLAND when I received their FIRST NOTIFICATION asking for Proof of the Debt.  Mine is with SYCHRONY BANK about $5K. 

I was wondering what ever happened (if it IS over) with your situation. And if you could let me know what happened AFTER this last post

Thank you in advance and so strange that your posts are almost an EXACT REPLICA of my situation and what I would post!

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