Midland Funding is Suing me for Breach of Agreement in Washington State

[Solidus]

Hello,

I’ve been served with summons earlier today for Breach of Contract; Midland Funding LLC is the plaintiff. It’s being handled by Eleanor Tami of Gordon, Aylworth, and Tami, P.C.. They are seeking $831.20, plus an interest of 12% per annum, as well as Plaintiff’s costs and disbursements, with 12% interest as well. I’m pretty terrified of being in court, my common sense is telling me to find some way to settle this. The complaint is two pages in length and doesn’t include attachments. Any advice or comments would be greatly appreciated, I’ve read that responding can buy time to negotiate a settlement; I’m not sure how to craft such that is permissible in Washington State courts. 

[BackFromTheDebt]

Who was the original creditor?

Midland is a junk debt buyer.  They bought this account from somebody.  Who?

Does the account have an arbitration agreement?  The way to find out is to go to the CFPB web site and find a copy of the credit card agreement.  

When you have the answers to these questions then people here can help you.  

[Clydesmom]

10 hours ago, Solidus said:

The complaint is two pages in length and doesn’t include attachments.

Most courts do not require that evidence be attached to the summons.

10 hours ago, Solidus said:

I’m pretty terrified of being in court, my common sense is telling me to find some way to settle this.

 I’ve read that responding can buy time to negotiate a settlement; I’m not sure how to craft such that is permissible in Washington State courts. 

First answer the suit with a general denial and invoking a right to arbitration.  If it turns out the creditor they bought the account from does not provide for that you can let it go later.

There is no time limit to settle.  You have until they reach a verdict to do that and settlement discussions are not admissible in court.  Depending on who the original creditor was you may have options available other than settling.  Don't panic just yet.