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Midland Funding is trying to Sue me Disabled in Texas


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I was served April 15th.  I never signed the paper nor did the server post the date and time I was served.  I figured I would call the Court and find out if it was reported as served on that date.   They filed the POP on the 20th of March.  I have 15 days to respond.

They attached a copy of a statement verifying the balance I owed.  They also attached verification that they did buy my account and had a few affidavits verifying same.

My problem is I am disabled and have been for at least 15 years.  In the interim I was awarded main custodian of my two grandchildren around 7 years ago.  Needless to say,  I can not afford to pay for an attorney much less afford to pay Midland.    I don't want a judgement against my house much less have my monthly SSD frozen to pay Midland.

Any help would be appreciated.  Thank you.

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Have you considered filing for bankruptcy?

Make sure that you get an answer filed before the deadline. Do not assume that because of your difficult circumstances, the legal process will stop for you. It will roll you over. File an answer on time, and take this process one step at a time. Educate yourself here to see if you might have legal defenses to the lawsuit.

 

 

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1 hour ago, Sally2u2 said:

I was served April 15th.  I never signed the paper nor did the server post the date and time I was served.  I figured I would call the Court and find out if it was reported as served on that date.   They filed the POP on the 20th of March.  I have 15 days to respond.

They attached a copy of a statement verifying the balance I owed.  They also attached verification that they did buy my account and had a few affidavits verifying same.

My problem is I am disabled and have been for at least 15 years.  In the interim I was awarded main custodian of my two grandchildren around 7 years ago.  Needless to say,  I can not afford to pay for an attorney much less afford to pay Midland.    I don't want a judgement against my house much less have my monthly SSD frozen to pay Midland.

Any help would be appreciated.  Thank you.

Usually, social security disability can't be garnished.  Find out the phone number of the TX legal aid in your area and give it a call.

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No I have not considered Bankruptcy  and that would mean attorney fees as well and I just don't have the funds.  

I am reading some the messages from others being sued by Midland and trying to get a form that I need for a response but I am so lost because they are hard to understand.  Not sure it fits my circumstances, etc.  Any ideas?

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1 hour ago, Sally2u2 said:

 I never signed the paper nor did the server post the date and time I was served.  I figured I would call the Court and find out if it was reported as served on that date.

Texas does not require that you sign for the summons.  They can serve you by mail for cases in Justice Court.  I would consider that you were properly served on April 15th and get an answer in.

1 hour ago, Sally2u2 said:

My problem is I am disabled and have been for at least 15 years.  In the interim I was awarded main custodian of my two grandchildren around 7 years ago.  

That is the best news.  SSDI payments cannot be garnished or levied from the bank account for civil debts such as Midland.  Make sure that you do not keep more than 2 months work of benefits in the account and DO NOT have anyone else's name on the account.  Keep and deposit ONLY SSDI in that bank account.  

1 hour ago, Sally2u2 said:

I don't want a judgement against my house much less have my monthly SSD frozen to pay Midland.

They cannot freeze your bank account with SSDI only in it even if they do get a judgment.  Federal law prohibits it.  Texas also has some of the most consumer friendly laws on the books and they cannot get a lien on the home either.

After you answer the suit I would fire off a letter to Midland and their attorney.   Their website claims if you present proof you are disabled and on SSDI they will stop collection activity including lawsuits.  You have nothing to lose by answering the suit and informing them that due to  your long standing disability and SSDI payments you are unable to pay and cannot be levied or garnished.  They may just drop the whole thing saving you from defending the suit or filing bankruptcy.

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1 minute ago, Sally2u2 said:

I am reading some the messages from others being sued by Midland and trying to get a form that I need for a response but I am so lost because they are hard to understand.  Not sure it fits my circumstances, etc.  Any ideas?

Unfortunately Justice Court in Texas does not have pre-made answer forms.  Call legal aid and see if they can help you with the format for an answer.

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15 hours ago, Sally2u2 said:

Thank you for the info!  I hope they are true to their word.

 

 

Hold them to it.  But regardless,  you are protected by fed law and as Clydesmom said, TX has very generous protections for debtors' assets.

Read Section E

http://www.nationallist.com/image/cache/White_Paper_Texas_Debt_Collection.pdf

 

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13 minutes ago, pockets66 said:

Wow!  Didn't think it was going to be so hard to locate a form - I did find this one http://www.jdsupra.com/legalnews/texas-defendants-original-answer-af-82434/  Clydesmom do you think this would work?

The majority of those defenses don't apply.  Which ones would you use?   It would be best if you answered in your new thread.

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@pockets66  @Sally2u2   Sally, I would also write a letter to Midland's lawyer and tell them of your situation per Midland's Bill of Rights.

This is from the Harris County  TX Justice Court.  Under "Forms,"  you will see "Civil Answer" at the bottom.  Just click on it.


Forms for Civil Cases
white.space

Affidavit-Business Records Evid Rule 902

Affidavit-Cost of Services (Custodian) CV 18.001 Rule 902

Affidavit-Cost of Services (Provider) CV 18.001 Rule 902

Affidavit-Medical Expenses (Custodian) CV 18.001 Rule 902

Cash Deposit in Lieu of Bond 506.1

Certificate of Last Known Mailing Address

Certificate of Service

Civil Answer

 

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11 hours ago, BV80 said:

The majority of those defenses don't apply.  Which ones would you use?   It would be best if you answered in your new thread.

Thanks, BV80 I was looking for forms for Sally2U2 because she said she couldn't find anything and Clydesmom said the ones from Harris County wouldn't help

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12 minutes ago, pockets66 said:

Thanks, BV80 I was looking for forms for Sally2U2 because she said she couldn't find anything and Clydesmom said the ones from Harris County wouldn't help

Read the posts on arbitration, especially those by @fisthardcheese.  If you're being sued by a debt buyer for a low amount,  arbitration might send them running the other direction.

Just start your new thread and answer the questions in the link I provided in the other post.

For heaven's sake, don't use the defenses in that document in the link you posted.   Most of those defenses don't work in debt buyer credit card lawsuits.  Be careful of websites that tell you to use every defense in the book or ridiculous ones such as subrogation, volenti non fit injuria, repudiation, etc.  

If you start your own thread, members will be able to help you get started with your answer or a motion to compel arbitration.

 

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1 hour ago, BV80 said:

Read the posts on arbitration, especially those by @fisthardcheese.  If you're being sued by a debt buyer for a low amount,  arbitration might send them running the other direction.

Just start your new thread and answer the questions in the link I provided in the other post.

For heaven's sake, don't use the defenses in that document in the link you posted.   Most of those defenses don't work in debt buyer credit card lawsuits.  Be careful of websites that tell you to use every defense in the book or ridiculous ones such as subrogation, volenti non fit injuria, repudiation, etc.  

If you start your own thread, members will be able to help you get started with your answer or a motion to compel arbitration.

 

Thank you.  I am working on that now.  I have found a lot of conflicting information and I want to make sure I am doing the right thing.  I appreciate you taking the time to answer!

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