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Help! Received a summon from Midland Funding LLC


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Good afternoon,

Just received couple of days ago and I am new to this.  Any help will do.  I am from SD, the amount is for $4,072.79.  Complaint for - Account Stated and Open Book Account.  They also included 2 exhibit, which are account statements from 2014.  Original creditor is Citibank and being represented by Midland, Attorneys at Law - Hunt & Henriques.  Any advise is greatly appreciated.

Thank you,

Sheila

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3 hours ago, guidance429 said:

Good afternoon,

Just received couple of days ago and I am new to this.  Any help will do.  I am from SD, the amount is for $4,072.79.  Complaint for - Account Stated and Open Book Account.  They also included 2 exhibit, which are account statements from 2014.  Original creditor is Citibank and being represented by Midland, Attorneys at Law - Hunt & Henriques.  Any advise is greatly appreciated.

Thank you,

Sheila

Who does it show suing on the Summons, Midland or Citibank? Does your credit report show the Citibank account as sold or transferred? 

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I have 30 days, received summon March 16, then I received a letter from the firm with a lower cost.  What should I do, should i settle?  Also, may i ask if your able to forward me the link to previous post for the people who fight Midland and won in CA please?  I tried searching but not really successful.  Was able to find another states.  Appreciate your help and thank you.

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That is ok, agreements can be found online.  Was this directly with Citi, or a retail card like a Home Dept/Citi? If you can remember the type of card (Citi Platinum, etc.) we can help you find the agreement. 

If it has an arbitration agreement (most do) you should be able to knock this out of court. 

 

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  • Midland Funding does not like to go to trial. My case with them in Florida, they withdrew 2 minutes before trial was to begin
  • . I did a free consult and the attorney ended up taking my case and didn't cost me a dime.
  • If you can handle the paperwork, which is 80% of the case, and make it to trial you have a good chance. 
  • If you know what your doing, they will probably dismiss the case before the trial begins.
  • I believe they wait to see if you show up, if you  don't, they win by default.
  • I went with attorney because I was in over my head with procedures and all the paper work.
  • Winnable case if you keep up with all answer and motions
  • There are good attorneys that will take these cases for a small fee or even pro bono, because they can win.
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