Miss08

Sued by Midland funding in PA

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I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself.

 Now this one is suing me for less than the one I had hired a lawyer for.  I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. 

My question is do I just go in that day let them interrogate me and I just keep saying no and just keep repeating I need proof of this debt. And that I never signed a contract with them? 

Also I've read that people also send something to the attorney and magistrate office stating they need to show me all the proof before hand?

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16 hours ago, Miss08 said:

I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself.

 Now this one is suing me for less than the one I had hired a lawyer for.  I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. 

My question is do I just go in that day let them interrogate me and I just keep saying no and just keep repeating I need proof of this debt. And that I never signed a contract with them? 

Also I've read that people also send something to the attorney and magistrate office stating they need to show me all the proof before hand?

Did the attorney you hired in the last lawsuit send you copies of everything he filed with the court and/or sent to Midland's attorney?   If so, you should read those documents.  While this new one is a different lawsuit, you can still learn from what took place in the last one.

Also, read your rules of civil procedure to determine what information, if any, is required to be attached to the complaint.

Who is suing you this time?

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No the lawyer didn't send me anything. I can call him and ask if he sent anything to them.  Midland funding is suing me for a different credit card now. I was going to call the attorney who filed the law suit and and for verification to send to me. Would this make him drop the case?

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12 minutes ago, Miss08 said:

No the lawyer didn't send me anything. I can call him and ask if he sent anything to them.  Midland funding is suing me for a different credit card now. I was going to call the attorney who filed the law suit and and for verification to send to me. Would this make him drop the case?

Did the attorney send you a collection letter within the last 30 days?  If not, requesting verification would do no good because he wouldn't be required to respond.

For which credit card are you being sued?   Depending upon the bank, arbitration may be an option for you.

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14 minutes ago, Miss08 said:

I believe it was a walmart credit card and they are saying 1900.00$ and no their attorney didn't send me anything at all.

Once you're served and you know for sure which credit card is involved, you can find out the name of the bank that issued the card.  Then locate the cardmember agreement that was in effect the year you defaulted.   You can locate it in the archives of the Consumer Financial Protection Bureau.

https://www.google.com/search?q=consumer+financial+protection+bureau+credit+card+database&ie=utf-8&oe=utf-8

Once you've located the agreement, see if it has an arbitration provision.    If you're being sued by a debt buyer, arbitration usually makes them go away.   The following link contains arbitration information.

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

 

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I was served and I called in to say i was defending but I misplaced the papers. If I call the magistrate will they tell me who Midland funding is suing for? And thank you so much for all your help as soon as I find out what credit card it is I will look up the cars holder agreement.

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17 minutes ago, Miss08 said:

I was served and I called in to say i was defending but I misplaced the papers. If I call the magistrate will they tell me who Midland funding is suing for? And thank you so much for all your help as soon as I find out what credit card it is I will look up the cars holder agreement.

If Midland is the plaintiff, then they're suing for themselves because they will claim they purchased the account from the original creditor (OC).  You need to find out the name of the OC.   You can go to the courthouse and look in case file.

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I found the arbitration agreement. It's all very confusing to me now. I opened the account in 2012 from synchrony bank (walmart) and missed the payments in 2015 I clicked on the link you gave for the agreement to read over but there wasn't any for 2015. I've tried to look up what the arbitration agreement even means could you help me with that? And would I call Midland funding give them the case number and say according to the arbitration agreement you have no right to fight Me? I'm sorry I'm so confused.

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19 hours ago, Miss08 said:

I found the arbitration agreement. It's all very confusing to me now. I opened the account in 2012 from synchrony bank (walmart) and missed the payments in 2015 I clicked on the link you gave for the agreement to read over but there wasn't any for 2015. I've tried to look up what the arbitration agreement even means could you help me with that? And would I call Midland funding give them the case number and say according to the arbitration agreement you have no right to fight Me? I'm sorry I'm so confused.

No, you file a Motion to Compel Arbitration with the court, and send a copy to the plaintiff's attorney.  Look in the arbitration section, there are sample motions there.

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