AverysMom

Sued by Midland Funding in Florida

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Hello,

I've been a wreck these past few days thinking about this lawsuit. I had no idea this could be done until NOW (sorry about the caps, but I'm really screaming). To get back on topic, I began receiving notice of this lawsuit earlier this month about a  credit card debt sold by Sears/Citibank to Midland Funding through lawyer advertisements. I never received notice of this company purchasing this debt or this debt because I had been a victim of identity theft and I'm in the process of getting my credit repaired. The pretrial hearing is set for 07/21/17.  I went to my local legal aid office because I'm a teacher and I can't afford an attorney at the moment. I was told to let it go to final judgment, keep my bank accounts low, warn my job about the garnishment requirement and to fill out an exemption form. I saw what was posted here and kind of thought that didn't seem like sound advice. 

Here are the specifics:

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.) The name listed at the top of the complaint is Midland Funding LLC and the attorneys have mcmcg.com (Midland Credit Management) email accounts

3. How much are you being sued for? $2,406.56

4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card

5. How do you know you are being sued? Received summons and complaint

6. How were you served? (Mail, in person, Notice on door) My daughter's grandfather signed for it on 06/22/17

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Did not receive letters until lawyer advertisements started coming. Phone calls from India led to dead air and no responses. They also contacted me during work hours, with the calls starting at 7:00am and ending at about 9:30 pm, about every 45 minutes to an hour

9. What state and county do you live in? Florida, Miami-Dade

10. When is the last time you paid on this account? According to the complaint 09/11/2015

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Suit served? Motions filed? Suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, February 20, 2017 on the grounds that this debt was inaccurate. 

14. Did you request debt validation before the suit was filed? NO

15. How long do you have to respond to the suit? 20 days

 16. What evidence did they send with the summons? Credit Card statements (printed from the internet), bill of sale (no account number),  EXHIBIT 1-Asset Schedule (all account information has been redacted and blacked out), affidavit of sale of account by original creditor (no account number and looks to be photocopied),  certificate of conformity, and a letter I never received. 

I thank you for your consideration in this matter. 

 

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First and foremost, you MUST RESPOND.  Read the following to help you with that:

http://www.creditinfocenter.com/legal/ive-been-sued.shtml

That being said, more often than not, including in my own first-hand experiences, they are looking for a default judgement and withdraw their complaint if you do respond.  You will need to be prepared for court if they do decide to move forward, but don't let that discourage you.  Look at the forums here and see how to defend yourself.  If you are not comfortable with it, there are many sources on here for legal help and representation.

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On 7/4/2017 at 5:57 PM, AverysMom said:

Thank you! I have found some documents and court cases that can help with my defense. 

Would you care to share? Interested to see how a JDB defense would look in Florida for your particular case.

 

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