SUED BY MIDLAND FUNDING

[dsmith86]

Hello, I am new here but have stalked the boards for quite some time prior to joining. I think I've read a good deal of info pertaining to me or what I assume would pertain to me but just needing a little guidance. I am a bit nervous but not necessarily "scared".

 

I am being sued by Midland. I have never received anything in the mail nor served etc. I know I am being sued because my previous landlord sent me a picture of the court paper that was either taped/rubber banded on the door. (I moved out of the address they 'served' about 3 months prior ). My previous landlord took a pic & texted it to me. That was on 8/9 and the paper work said my court date was 8/13.

I immediately typed a letter and in the letter I simply stated that I needed the date continued b/c I was never served, was unaware of any of this and only know b/c of a text from my previous landlord. I included the text as well. I faxed it in to the court. I checked back the next day (Friday) & the case was continued to 9/25.

On 9/14 Midland called me and asked me if I was aware I was being sued. I said yes. They asked if I wanted to settle it. I stated I wanted validation of debt. They said they sent paperwork to XYZ address ( not my address). I informed them of that. They stated they would send it to the proper address within 5 business days. To date, I haven't received anything regarding court papers, all I received was a request to settle ( to the correct address). Had my landlord not shown me what was on the door, I would be none the wiser. The original creditor is Synchrony. I am in Virginia.

I plan to show up tomorrow morning & reiterate all that I have said. Should I still go the req for arbitration route? I am unsure of what to do since I never was served or received anything in the mail or in person. 

[Clydesmom]

21 minutes ago, dsmith86 said:

They asked if I wanted to settle it. I stated I wanted validation of debt.

Once you have been sued it is WAY WAY too late for validation.  They do not have to send it.

21 minutes ago, dsmith86 said:

I plan to show up tomorrow morning & reiterate all that I have said. Should I still go the req for arbitration route?

If you want a chance at stopping this yes, you should have a motion to compel arbitration ready.  

22 minutes ago, dsmith86 said:

I am unsure of what to do since I never was served or received anything in the mail or in person. 

Once you filed the request for a continuance you effectively waived service.  You should have then filed an answer.  You also should have filed the MTC or done discovery if you are going to defend the suit.

[dsmith86]

 This is such a nightmare. When I called the clerk and informed her that I had never received any paperwork, she simply told me to ask for a continuance. I totally get it she’s not a lawyer so I don’t fault her for anything at all but I just assumed something would eventually have come in the mail.  Had my previous landlord not shown me what was sent, judgment probably would have been entered on my behalf. 

[Clydesmom]

2 hours ago, dsmith86 said:

I totally get it she’s not a lawyer so I don’t fault her for anything at all but I just assumed something would eventually have come in the mail.

You NEVER assume anything when you are being sued.

2 hours ago, dsmith86 said:

Had my previous landlord not shown me what was sent, judgment probably would have been entered on my behalf. 

That is correct.  BUT you could have had it vacated due to the fact you were no longer living there.  Here is the major problem.  90 days (3 months) is not that long in terms of the court for your having moved homes.  Midland would have a bona fide error that they had not known you had recently moved.  You moved within the jurisdiction of the court so the same one would hear it regardless.  Last:  you DO know about the suit.  Once your landlord told you and you spoke to the clerk you don't wait for papers to arrive.  You go to the court house and get them.  You know about the suit.  The court knows you know because it granted the continuance.  Now you either get in the fight or let Midland have the judgment.  The choice is yours.

[dsmith86]

Clydesmom, thank you for your answers. You're right, it was the same courts, although I moved. I didn't even think or know I could have had it vacated due to the incorrect address. I just was terrified honestly when I saw that text on Thursday w/a date of Monday. But that's water under the bridge. 

 

 I will (try) to get in the fight , the best that I can. I am already anticipating the worse to help soften the blow. I will try my best to file prior to going into the court rom. If the clerk denies me, when I go into court, do I bring it up or do I say as less as possible? I know this doesn't constitute legal advice, but I am wondering if less (talking) is more in this case. I have stalked many many MTC's on this website and on google & they are alot of legal jargon & I just don't want to potentially risk looking even sillier with verbiage I am not familiar with, in the event I am asked a question about it. I could also be reading too much into this. 

 

In any event, thank you for your answers thus far. The balance is $7k if that helps anything. 

[LaneBlane]

 

5 hours ago, dsmith86 said:

My previous landlord took a pic & texted it to me. That was on 8/9 and the paper work said my court date was 8/13...       the case was continued to 9/25.

I'm curious what you've done over the past 1 1/2 months to prepare for your court appearance.  You seem to be focused on an argument concerning service.  You're past this point.  What are your defenses concerning the alleged debt?  Are you familiar with the Arbitration Provision of your agreement?

[dsmith86]

1 minute ago, LaneBlane said:

 

I'm curious what you've done over the past 1 1/2 months to prepare for your court appearance.  You seem to be focused on an argument concerning service.  You're past this point.  What are your defenses concerning the alleged debt?  Are you familiar with the Arbitration Provision of your agreement?

I understand I am past the point, however I was simply stating how I felt.. my apologies. I have done nothing to prepare, I assumed I would receive something in the mail from either Midland or the court. When I realized I didn't, I assumed it was due to the Hurricane. Then Midland called, we had a brief convo, they said they'd send paperwork regarding validation & nothing was received. My fault for assuming, not theirs.

Outside of what has been posted on this forum board, no I am not overly familiar w/the Arbitration Provision.  

[LaneBlane]

4 minutes ago, dsmith86 said:

I assumed I would receive something in the mail from either Midland or the court.

You received a complaint.  Once you receive a complaint, you need to respond with an answer.

May I ask how much money is involved?  Is this small claims?

[dsmith86]

 $7k

[dsmith86]

The clerk called several lawyers & creditors and requested those ppl meet those respective attorneys outside. The lawyer or maybe paralegal met each person in a private room. Unsure of each convo but when it was my turn I went in, said nothing & they requested a continuance. They apologized for a second continuance, said they don’t want to keep dragging me to court but set a new date. All of 30 min 

[fisthardcheese]

Now is the time to file your Motion to Compel Arbitration.  Use the link in my signature for samples and examples.  Use that nice Synchrony Card agreement to send Midland packing!