DEE CRESPIN

Sued by Midland - Florida

Recommended Posts

Hello all!

Many thanks for everyone's advice in advance. I have never been in such a situation and would like as much guidance as possible.

In 2015, I was in a car accident that caused me to deliver preterm at 7 months. I ruptured my spleen, brain hemorrhaging , along with further damage. My son had to be resuscitated at birth, kept in the NICU for a month and dealt with issues breathing and regulating body temperature. The gentleman at fault had the state minimum required insurance. Needless to stay, I got nothing back but tons of bills. I have made payment arrangements; however, couldn't afford to pay this card as I was without work.

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.) Midland Credit Management - Molly Fitzpatrick 103529

3. How much are you being sued for?  $1,388.87

4. Who is the original creditor? (if not the Plaintiff) COMENITY BANK

5. How do you know you are being sued? (You were served, right?) I haven’t as of yet.

6. How were you served? (Mail, In person, Notice on door) I haven’t as of yet. Began receiving advertisements from lawyers and searched Clerk of Court website.

 

7. Was the service legal as required by your state? No ID or signature were required.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? To my knowledge, none.

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 09/2016

11. When did you open the account (looking to establish what card agreement may be applicable)? 08/2014

12. What is the SOL on the debt? To find out:  4 years

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Not 100% as I have yet to be served. On-line it states: Case Status: OPEN

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, but was unsuccessful. They provided no signed contracts or proof of debt.

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').  No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yet to be served

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 

When I look online I see they have submitted:

Bill date 05/05/2017

Portfolio Level Affidavit of Sale by Original Creditor

Bill of Sale with Asset Schedule

Certificate of Conformity

 

 

Any help is greatly appreciated. I just am really worried and would appreciate any advice on what I should do as I do. Thank you!

 

Edited by DEE CRESPIN
typo

Share this post


Link to post
Share on other sites
1 hour ago, DEE CRESPIN said:

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, but was unsuccessful. They provided no signed contracts or proof of debt.

This is a common mistake made in validation.  They do not have to provide ANY proof of the debt despite what the consumer may demand.  The courts also know there is no signed contract in a credit card case so they will not require one for the lawsuit.  The only thing they have to provide a copy of is if they already had a judgment but that does not apply in your case.

1 hour ago, DEE CRESPIN said:

I just am really worried and would appreciate any advice on what I should do as I do.

Study up on arbitration until you are served so that when this happens you know how to answer the suit and file for arbitration.  An approved motion for arbitration will make PRA drop the entire matter.

 

Share this post


Link to post
Share on other sites

@DEE CRESPIN

@Clydesmom is correct.  A signed contract is not required to validate a credit card debt.  

What do mean that they provided no proof of the debt?

 

Share this post


Link to post
Share on other sites
On 3/22/2019 at 11:53 AM, DEE CRESPIN said:

In 2015, I was in a car accident that caused me to deliver preterm at 7 months. I ruptured my spleen, brain hemorrhaging , along with further damage. My son had to be resuscitated at birth, kept in the NICU for a month and dealt with issues breathing and regulating body temperature. The gentleman at fault had the state minimum required insurance. Needless to stay, I got nothing back but tons of bills. I have made payment arrangements; however, couldn't afford to pay this card as I was without work.

How awful for you to have gone through. A few members with serious health/financial problems have had success in using Midland's Consumer Bill of Rights. 

Our Consumer Bill of Rights

"Article 2: Hardship

Consumers Who Are Servicemembers, Victims of Natural Disasters, or Who Are Experiencing Medical Issues, Job Loss, or Other Hardships 

-We actively seek to identify active duty servicemembers and stop collections from those servicemembers.

-We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues.

-We suspend collection activities when a consumer is a direct victim of a natural or other catastrophic disaster.

-We cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. We work with and are sensitive to consumers who encounter unforeseen circumstances, such as job loss."

(back to top)

Share this post


Link to post
Share on other sites

In Florida it is best to respond to the lawsuit with a Motion to Compel Arbitration in lieu of an Answer.   Although as long as an Answer mentions arbitration, it can not be said you waived your right to it, FL Courts have been a little difficult in the past, so it is easier to just file the Motion instead of your answer.

The Comenity Card Agreement has an arbitration clause that Midland will refuse to participate in.  Once you get the court to grant your Motion to Compel, you will almost be guaranteed a dismissal of the case.

Share this post


Link to post
Share on other sites
On 3/23/2019 at 3:45 PM, Brotherskeeper said:

Thank you! I will look into this!

How awful for you to have gone through. A few members with serious health/financial problems have had success in using Midland's Consumer Bill of Rights. 

Our Consumer Bill of Rights

"Article 2: Hardship

Consumers Who Are Servicemembers, Victims of Natural Disasters, or Who Are Experiencing Medical Issues, Job Loss, or Other Hardships 

-We actively seek to identify active duty servicemembers and stop collections from those servicemembers.

-We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues.

-We suspend collection activities when a consumer is a direct victim of a natural or other catastrophic disaster.

-We cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. We work with and are sensitive to consumers who encounter unforeseen circumstances, such as job loss."

(back to top)

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.