negative nelly Posted December 11, 2018 Report Share Posted December 11, 2018 Just received summons notice 2 days ago. Not highly educated and with very little funds. I've read multiple postings on Midland and most of it is quite confusing on how to proceed. I pretty much live paycheck to paycheck. Went through a rough time a while back when all this went down. Was able to reach out to most of my creditors I got behind with and set up payment plans before it went to collections. This is one I was unable to work with. Now it's with Midland and they have sued me. 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.) A law firm is not mentioned. At end of complaint 3 lawyer names are stated. Jason E Taylor, Taylor Eigelbach, Sara Cleveland from Louisville KY 3. How much are you being sued for? $2965.85, plus interesy at the rate of 6% per annum from the date of Judgement until Judgment is satisfied, plaintiff's costs, and any and all other relief to which the plaintiff may be entitled by statute or common law 4. Who is the original creditor? Citibank, N.A., Home Depot 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) by a sheriff deputy 7. Was the service legal as required by your state? Not sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letters, but did not respond 9. What state and county do you live in? Kentucky, Kenton 10. When is the last time you paid on this account? 5/21/18 11. What is the SOL on the debt? Not sure 12. What is the status of your case? Suit served? Motions filed? Suit served, I believe 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 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? Affadavit of Kenneth Sell (officer for Midland Funding), Bill of Sale and Assignment (from Citibank to Midland), Eshibit 1 Asset Schedule( Final Electronic File from Bank to Buyer with accounts transferred to them. This has blacked out items on it), Affidavit of Sale of the Account by Origninal Creditor, Certificate of Conformity, Field Data (Information about the account), Account Statement from December 2017, Account Statement from July 2017, I know I need to respond to the courts but how? Does this response involve fees? The pages I received in my summons are all E-filed. Do I need to E-file also? Was also thinking about speaking to a lawyer but that will cost money too. Any response will be greatly appreciated. My clock is ticking for my 20 days! Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 11, 2018 Report Share Posted December 11, 2018 You don't need to efile, and most courts charge (~$50-$100) to file an answer. Some charge for additional filings. As far as how to make Midland go away.... https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
negative nelly Posted December 11, 2018 Author Report Share Posted December 11, 2018 Thank you Harry Seaward for your quick response. So when I file my answer and my MTC are those 2 different court fees I will be charged? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted December 11, 2018 Report Share Posted December 11, 2018 It depends on your local court rules. Most courts only charge for an answer. Contact your clerk before you go to find out for sure. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.