Midland Summons Received

[CreditDebtsucks]

My turn. A guy came and said he had papers for me. Didn't confirm who he was giving them to and didn't know who they came from. Don't they have to make sure who they are serving?

 

Anyway, I'm in the same boat as a lot of people, Midland filed a lawsuit against me with a court date in Dec.  A bunch of bogus paperwork, mostly redacted or hearsay.

 

I need to be walked through this. My health is not good and I've been dealing with a concussion, so my brain is having issues.

 

HELP!!!!!! I see a lot about Arbitration, so I'm trying to figure out what I'm supposed to do now. 

I got the summons, which is dated Sept 20,2016. Today is Oct 15, 2016.  There is also an Affidavit from an "officer" in Minn at Midland as successor to account.

 There is a Bill of Sale from Synchrony Bank, again redacted information on the page. 

A Purchase Price Reconciliation/Funding Instructions to: Midland. Again, most info is redacted.

Affidavit of Sale of Account by Original Creditor- says "I am an Affidavit Documentation Specialist of Synchrony Bank, formerly GE Capital Retail Bank." States this person is in a position to "have access to creditor's books and records and is aware of the process of the sale and assignment of electronically stored business records."

Blanker Certificate of Conformity for Notary  - From attorney in Minnesota.

A print out of information, I guess about me and the debt, although most of it is redacted. They charge off amount is 775.32 with accured interest of 4562.06. They are also claiming an amount in the lawsuit that I know is higher than what it should be....if the debt is mine.

 

Are there sample of what others have done to help?   Thank you! My health has gotten to where I either pay my Dr or credit card debt, guess which I had to choose.

 

Note: I am on Soc Sec Disability, I live in TN, I own a home and a car that isn't worth much. So, basically, I am uncollectable if they did win.

 

[Clydesmom]

40 minutes ago, CreditDebtsucks said:

I got the summons, which is dated Sept 20,2016. Today is Oct 15, 2016.  

Did you answer the suit?  You typically only have 20-30 days to do so.  If you don't answer they can get a default judgment.

41 minutes ago, CreditDebtsucks said:

A print out of information, I guess about me and the debt, although most of it is redacted. They charge off amount is 775.32 with accured interest of 4562.06.

Midland CAN NOT add on interest after the creditor charged off the account and waived collecting it.  This is a violation of the FDCPA.

Call (DO NOT EMAIL) this lawyer Barnette Law at 615-585-2245.  He is a consumer attorney in TN (and posts here) and sues these guys for sport and profit.  He will do a first consult for free.  Statistics show that junk debt buyers like Midland fold and walk away over 70% of the time when confronted by a lawyer.

44 minutes ago, CreditDebtsucks said:

I am on Soc Sec Disability, I live in TN, I own a home and a car that isn't worth much. So, basically, I am uncollectable if they did win.

Not entirely uncollectable.  While they cannot garnish your benefits or your bank account up to two months worth of SSDI, they can put a lien on your home.  You do not want that.  

Call Barnette Law.  My guess is they will alleviate a lot of your worry.

[CreditDebtsucks]

I don't get SSDI, only SSDA, which they can NEVER garnish. They also cannot put  a lien on my home, since the credit card had nothing to do with my house and in TN I can take the homestead exemption AND 10,000 exemption.  It just seems with as little as I have, it is a waste of everyone's time to do this.

[CreditDebtsucks]

57 minutes ago, Clydesmom said:

Did you answer the suit?  You typically only have 20-30 days to do so.  If you don't answer they can get a default judgment.

I haven't answered, I just got the summons today.  I'm not sure how to "answer" this, since it is just a court summons. There is no complaint or anything in this, which I would have expected.

[CreditDebtsucks]

Midland has also called me incessently, every 15 minutes, at times and started calling my cell phone.

 

I will call the aforementioned attorney, but if he charges me, I can't afford it. Going to call Legal Aid on monday, but I know they will tell me to just admit to it and get a judgement against myself, which I am not willing to do.

[Clydesmom]

7 hours ago, CreditDebtsucks said:

Midland has also called me incessently, every 15 minutes, at times and started calling my cell phone.

 

If you never gave permission to call your cell phone it is a TCPA violation.  Immediately send them a letter revoking permission to call your phone and more specifically your cell phone and send it certified mail return receipt.  EVERY call they make after that is a clear cut violation.  Get your phone records out and make a log of all the calls they have made to both phones to date.   4 calls per hour could easily be argued as harassment and excessive.

7 hours ago, CreditDebtsucks said:

I will call the aforementioned attorney, but if he charges me, I can't afford it.

The first consult is typically at no charge and if Midland has violated the TCPA and the FDCPA as they usually do he will probably take it at no charge because Midland will be paying his fees.  You have NOTHING to lose by contacting him.

[Clydesmom]

7 hours ago, CreditDebtsucks said:

They also cannot put  a lien on my home, since the credit card had nothing to do with my house and in TN I can take the homestead exemption AND 10,000 exemption.  

They very much CAN put a lien on the home for credit card debt if they get a judgment against you.  The homestead exemption will protect you from them being able to force it into foreclosure to pay the debt.  What that lien CAN do is tie up your property so you cannot sell or refinance.

[CreditDebtsucks]

So, all the research I had done to protecting my property was a waste of time? What good is an exemption if it isn't actually an exemption. I thought that meant they are exempt from taking the property, if it is your homestead. This is bad news, as with my health begin bad, I'm trying to find a way to sell it to move back to Florida near my family.

 

I also looked up calling cell phones and I never saw anything about putting it in writing. I saw that if they call your cell, you just have to tell them not to call you cell, you only had to do it in writing if you wanted a complete cease and desist. This is the problem with the law, no amount of research gives the truth. Very frustrating.

I'll call the attorney tomorrow and see if he can help! My experience with legal stuff recently, is that there is noone that will help that doesn't want me to give them money, which I don't have. I struggle every month just to pay my bills and feed myself.

Oh, and my sister has been going against Discover and legal aid told her that her house cannot be touched with a homestead exemption. They also told her that they would help her keep her van, since she needs it for her disability, just as I do.  So, I'm confused on the exemption, as we are being told multiple things. They can't force my house into foreclosure anyway because I paid cash, so the equity is all mine.

This is from a Bankruptcy Attorney concerning Exemptions:

" There are several exemptions that may apply but I'll mention the main two. Each person has a $10,000 personal property exemption. This would apply to bank accounts, vehicles, household goods, etc. Each person also has a homestead exemption in a house they own and in which they reside. The amount if the exemption varies depending on your age and whether you have children. You can claim the exemption in the court where the judgment was issued or if you file bankruptcy, you can claim the exemption in bankruptcy court. "

[BV80]

@CreditDebtsucks

The following is from the Florida Bar Association;

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed!OpenDocument

[CreditDebtsucks]

That's the information I found for my sister in Florida. So, I am right that they cannot take your house, especially since hers and mine are both paid for.  That's what I thought.  I mean, it's not an "exemption" if it can be taken from you.  Tenness is similar, except we get the homestead exemption AND 10,000 personal property exemption.

Your home and Florida’s homestead exemption

If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area. This also applies to mobile homes. If you live in an unincorporated area, you can protect up to 160 acres as homestead property.

Under most circumstances, a lien cannot be placed on your home for a debt that has nothing to do with your home. However, creditors who lend you money to buy, improve or repair your home may put a lien on your home. Nonetheless, if a creditor has a mortgage on your home, no matter what the purpose of the mortgage, you are not protected by the homestead exemption.

To protect your home, an affidavit describing your home and claiming it as your homestead must be filed with the court. This is different from the homestead tax form you file with the county property appraiser every year. Florida Statute 222.01 provides the type of notice and affidavit you will need to file.

[CreditDebtsucks]

I found this information about a recent lawsuit against Midland Funding, in regard to calling cell phones.

"Midland Credit Management Inc. has agreed to pay $15 million in order to settle accusations that the company violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to place repeated debt collection calls to cell phones without prior consent. "

Since they robocall my cell phone, they are in direct violation of TCPA because I NEVER gave them consent to call.

I'm getting some confusing information here and would very much appreciate that if you really don't know the law in these matters, to please not confuse me any more than I already am.

[CreditDebtsucks]

I'm looking to see how to respond to this.  I'm familiar with doing court documents for a recent case about the house I purchased.  I only got a Summons and their hearsay evidence. There is NO Complaint or listing of charges. How can I answer if no Complaint was sent?  Is there a Motion I can file to squash this from going further?

[BV80]

54 minutes ago, CreditDebtsucks said:

That's the information I found for my sister in Florida. So, I am right that they cannot take your house, especially since hers and mine are both paid for.  That's what I thought.  I mean, it's not an "exemption" if it can be taken from you.  Tenness is similar, except we get the homestead exemption AND 10,000 personal property exemption.

Your home and Florida’s homestead exemption

If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area. This also applies to mobile homes. If you live in an unincorporated area, you can protect up to 160 acres as homestead property.

Under most circumstances, a lien cannot be placed on your home for a debt that has nothing to do with your home. However, creditors who lend you money to buy, improve or repair your home may put a lien on your home. Nonetheless, if a creditor has a mortgage on your home, no matter what the purpose of the mortgage, you are not protected by the homestead exemption.

To protect your home, an affidavit describing your home and claiming it as your homestead must be filed with the court. This is different from the homestead tax form you file with the county property appraiser every year. Florida Statute 222.01 provides the type of notice and affidavit you will need to file.

Tennessee is not the same as Florida.  I saw where you mentioned FL, and that's why I included the link to the FL Bar.  I apologize.

It appears in TN, that a judgment becomes a lien on your property.   Exemptions on a home apply to your equity.   Creditors could force a sale if the equity exceeds the amount of the exemption but they don't always do that.

The following link is about bankruptcy, but it  would apply to judgments and lists the amount one can exempt based upon one's circumstances.  

https://tn.gov/assets/entities/tacir/attachments/2015SeptTennessee_Homestead_Exemptions.pdf

[Clydesmom]

9 hours ago, CreditDebtsucks said:

 I only got a Summons and their hearsay evidence. There is NO Complaint or listing of charges. How can I answer if no Complaint was sent?

You are going to have to research the TN rules of civil procedure.  Not all states require that anything including the complaint be attached to the summons.  There are plenty of states that only send a summons and YOU have to hire a lawyer to defend it or do the research and educate yourself on how to do it.  Many small claims courts have pre-printed answer forms you can use.  Look on line and see if your branch of the court does too.

9 hours ago, CreditDebtsucks said:

Is there a Motion I can file to squash this from going further?

There are several but you have to have a LEGAL basis for filing it.  Filing a frivolous motion hoping it sticks won't work.  What is your legal reason for wanting it dismissed?

9 hours ago, CreditDebtsucks said:

So, I am right that they cannot take your house, especially since hers and mine are both paid for.  That's what I thought.  I mean, it's not an "exemption" if it can be taken from you.  Tenness is similar, except we get the homestead exemption AND 10,000 personal property exemption.

Not exactly.  The house being paid for is WORSE if you have a lot of debt because that means you have 100% equity.  The exemptions mean that any debt(s) up to that total exemption amount cannot force the home into foreclosure to pay them.  It does not mean that if you have $75,000 in debt and you use up the maximum exemptions that a creditor could not force you into foreclosure to cover a judgment.

 

[CreditDebtsucks]

On 10/16/2016 at 10:18 PM, BV80 said:

@CreditDebtsucks

The following is from the Florida Bar Association;

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed!OpenDocument

I thought you posted it because I mentioned Fl. My sister is fighting a suit now.  I know I have to use TRCP. Like I said, I just finished another lawsuit, so I've spent the last 2 years trying to figure that one out...with no success.

[CreditDebtsucks]

17 hours ago, Clydesmom said:

You are going to have to research the TN rules of civil procedure.  Not all states require that anything including the complaint be attached to the summons.  There are plenty of states that only send a summons and YOU have to hire a lawyer to defend it or do the research and educate yourself on how to do it.  Many small claims courts have pre-printed answer forms you can use.  Look on line and see if your branch of the court does too.

There are several but you have to have a LEGAL basis for filing it.  Filing a frivolous motion hoping it sticks won't work.  What is your legal reason for wanting it dismissed?

Not exactly.  The house being paid for is WORSE if you have a lot of debt because that means you have 100% equity.  The exemptions mean that any debt(s) up to that total exemption amount cannot force the home into foreclosure to pay them.  It does not mean that if you have $75,000 in debt and you use up the maximum exemptions that a creditor could not force you into foreclosure to cover a judgment.

 

I am aware that I have to use the TRCP. I've been dealing with another type case for the last 2 years. I came to this forum because I need help!  No matter how many times I use the TRCP and think I understand, I get to court to find I don't.  It is not clear whether a Complaint needs to be with the Summons, or I wouldn't be here asking!  This is a very small town and the courthouse has literally nothing to help pro se litigants. 

I'm not planning on filing frivolous motions, but if I was not served properly, I will file a motion to dismiss based on that and some other items.  

So, my question remains (I wouldn't be asking if I could find the answer in the TRCP or anywhere online) How do I supply and "Answer" when there is NO Complaint or list of "charges" by the Plaintiff?  The process server didn't even ask me to identify myself or tell me who the papers were for.

I really need some help! My health is not good and I spend hours researching but can't find examples to help me pull something together. I see many people have beat Midland, I'd like to do the same, as I do not want a judgment against me and I can't afford bankruptcy.

Guidance would nice. 

[CreditDebtsucks]

On 10/17/2016 at 1:51 AM, BV80 said:

Tennessee is not the same as Florida.  I saw where you mentioned FL, and that's why I included the link to the FL Bar.  I apologize.

It appears in TN, that a judgment becomes a lien on your property.   Exemptions on a home apply to your equity.   Creditors could force a sale if the equity exceeds the amount of the exemption but they don't always do that.

The following link is about bankruptcy, but it  would apply to judgments and lists the amount one can exempt based upon one's circumstances.  

https://tn.gov/assets/entities/tacir/attachments/2015SeptTennessee_Homestead_Exemptions.pdf

I didn't understand one word of that document! I have a concussion, along with other health issues, maybe my medications are causing me to not understand some of this stuff.  I just don't get it. I'm not a stupid person, but I spent the last 2 years trying to make the people I bought this piece of junk house from libel for their actions, but I'm not a lawyer. Despite having great reference books and the internet, I lost before I ever got started because I can't fully comprehend all the Rules.  Maybe I'm wasting my time here. I was really hoping, like I see all over this forum, was guidance! I'm frustrated.

[CreditDebtsucks]

TRCP state this about Service: 

§ 4.01. Summons; Issuance; By Whom Served

Upon the filing of the complaint the clerk of the court wherein the complaint is filed shall forthwith issue the required summons and cause it, with necessary copies of the complaint and summons, to be delivered for service to any person authorized to serve process. This person shall serve the summons, and the return indorsed thereon shall be proof of the time and manner of service. A summons may be issued for service in any county against any defendant, and separate or additional summonses may be issued against any defendant upon request of plaintiff. Nothing in this rule shall affect existing laws with respect to venue.
A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.

I read that it says both Summons AND Complaint, but since I've been dealing with these rules the last 2 years and still getting it wrong, I need to be sure because I can file a Motion to Dismiss for Improper Service.

[Clydesmom]

4 hours ago, CreditDebtsucks said:

So, my question remains (I wouldn't be asking if I could find the answer in the TRCP or anywhere online) How do I supply and "Answer" when there is NO Complaint or list of "charges" by the Plaintiff?

2 options;  go to the court house and get a copy of the complaint to file a specific answer  or file a general denial.

4 hours ago, CreditDebtsucks said:

Maybe I'm wasting my time here. I was really hoping, like I see all over this forum, was guidance! I'm frustrated.

Unfortunately the only poster here from TN is @TNConsumerLawyer who is too busy to be on here regularly.  None of us who volunteer are familiar with the rules for your court.  There are volunteers who have a LOT of knowledge about some states (California and Georgia are 2) but there just isn't anyone with in depth knowledge of TN.  While we can offer general assistance we cannot be your attorney.