collections Collection in Indiana

[Dan1105]

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.)       Lloyd & McDaniel, PLC

3. How much are you being sued for?     $2,237.74;

4. Who is the original creditor? (if not the Plaintiff)      Chase Bank

5. How do you know you are being sued? (You were served, right?)  yes

6. How were you served? (Mail, In person, Notice on door)     mail and in person

7. Was the service legal as required by your state?    I think so not 100% sure

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?    nothing that I can recall the lawsuit started in 2010

9. What state and county do you live in? Indiana Deleware

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

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

12. What is the SOL on the debt? To find out: 6 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). Process of them trying to get a wage garnishment.

https://public.courts.in.gov/mycase/#/vw/CaseSummary/eyJ2Ijp7IkNhc2VUb2tlbiI6Inl3enNLb0VJY1hvbXVMTG4xLVo0dGNhM3FFS00wcWljcl9HSEhSZWdKcmcxIn19

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)    No

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 just recently found out that I could request that and I have filed a request.

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?   Received interrogatory on wages I am unclear if I need to fill it out or my Employer needs to fill it out.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  There has been NO evidence filled in conjunction with this case.

I am just needing any kind of help in this matter. I do know it has been in the courts for 10 years now with no payments ever made on it. So I am unsure if there is any kind of Statue of Limitations on this once it hits the court. I have attempted to go in front of a judge myself (no money for lawyer) to get it dismissed and the judge did not even listen to what I was trying to say. 

request.docx exhibit a.docx

[alwayswinning36]

On 10/14/2020 at 10:02 AM, Dan1105 said:

 

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.)       Lloyd & McDaniel, PLC

3. How much are you being sued for?     $2,237.74;

4. Who is the original creditor? (if not the Plaintiff)      Chase Bank

5. How do you know you are being sued? (You were served, right?)  yes

6. How were you served? (Mail, In person, Notice on door)     mail and in person

7. Was the service legal as required by your state?    I think so not 100% sure

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?    nothing that I can recall the lawsuit started in 2010

9. What state and county do you live in? Indiana Deleware

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

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

12. What is the SOL on the debt? To find out: 6 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). Process of them trying to get a wage garnishment.

https://public.courts.in.gov/mycase/#/vw/CaseSummary/eyJ2Ijp7IkNhc2VUb2tlbiI6Inl3enNLb0VJY1hvbXVMTG4xLVo0dGNhM3FFS00wcWljcl9HSEhSZWdKcmcxIn19

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)    No

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 just recently found out that I could request that and I have filed a request.

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?   Received interrogatory on wages I am unclear if I need to fill it out or my Employer needs to fill it out.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  There has been NO evidence filled in conjunction with this case.

I am just needing any kind of help in this matter. I do know it has been in the courts for 10 years now with no payments ever made on it. So I am unsure if there is any kind of Statue of Limitations on this once it hits the court. I have attempted to go in front of a judge myself (no money for lawyer) to get it dismissed and the judge did not even listen to what I was trying to say. 

request.docx 13.97 kB · 1 download exhibit a.docx 14.45 kB · 1 download

Okay. April 13th, 2010, a default judgment was entered against you. This means you didn't file an answer and/or didn't show up for court when they filed suit against you in 2010. Your debt validation requests are toilet paper at this point. There is likely nothing you will be able to do to stop them from garnishing your wages if your state allows such for the creditor or debt collector to recover their money. It is likely the amount you owe has grown quite larger than what it was originally. There is nothing you can do about it now, unfortunately. You could try calling an attorney in your area and see but I am sure you are between a rock and a hard place. This isn't just collections. You have a judgment against you, meaning they sued and won. Which is why your validation request is toilet paper and likely wont be answered. And it wont be an FDCPA if they don't answer due to the fact they obtained a judgment against you. They are either trying to continue, or renew the judgment which is what it looks like, or trying to do that and collect.

I didn't spend extensive time researching but it appears that judgments are good for 20 years in Indiana. And the maximum they can garnish from your wages is 25%. I only googled how long judgments were good for in Indiana and what they could garnish from wages.

[BV80]

@Dan1105

Just a note:  Please don’t ever use that validation letter again.  It has been floating around the internet for years and is loaded with incorrect information.   It also demands a collector to provide documentation and information that is not required to validate a debt. 

[Dan1105]

Well that's depressing. Im trying to do some research to see if I am able to request a public defender for this matter currently and cannot find any straight answer. :(  

[BV80]

33 minutes ago, Dan1105 said:

 

Well that's depressing. Im trying to do some research to see if I am able to request a public defender for this matter currently and cannot find any straight answer.  

If I am not mistaken, public defenders are only available for criminal defense.

https://www.in.gov/judiciary/defender/2330.htm

[Dan1105]

On 10/17/2020 at 9:11 AM, alwayswinning36 said:

Okay. April 13th, 2010, a default judgment was entered against you. This means you didn't file an answer and/or didn't show up for court when they filed suit against you in 2010. Your debt validation requests are toilet paper at this point. There is likely nothing you will be able to do to stop them from garnishing your wages if your state allows such for the creditor or debt collector to recover their money. It is likely the amount you owe has grown quite larger than what it was originally. There is nothing you can do about it now, unfortunately. You could try calling an attorney in your area and see but I am sure you are between a rock and a hard place. This isn't just collections. You have a judgment against you, meaning they sued and won. Which is why your validation request is toilet paper and likely wont be answered. And it wont be an FDCPA if they don't answer due to the fact they obtained a judgment against you. They are either trying to continue, or renew the judgment which is what it looks like, or trying to do that and collect.

I didn't spend extensive time researching but it appears that judgments are good for 20 years in Indiana. And the maximum they can garnish from your wages is 25%. I only googled how long judgments were good for in Indiana and what they could garnish from wages.

Okay, i see where that Defult judgment was entered. Here is the thing. It was entered under David Hull not Daniel Hull. So would that be able to be over turned? David is my son i have NEVER used David as a alias. He was 3 at the time that this happened?

[Dan1105]

Am i able to request a change of venue to make it a bit more convenient for myself?

[BV80]

31 minutes ago, Dan1105 said:

Okay, i see where that Defult judgment was entered. Here is the thing. It was entered under David Hull not Daniel Hull. So would that be able to be over turned? David is my son i have NEVER used David as a alias. He was 3 at the time that this happened?

This is beyond a basic debt collection lawsuit.  What could happen depends on what has been filed and the amount of time that has passed.  Contact the lawyer referral service at your state bar association to find a consumer attorney near you.  Most attorneys will provide a 30 minute or one hour consultation at a low fee.  Take all the paperwork from the court file, and he/she can tell you if you have any options.  

[Clydesmom]

3 hours ago, Dan1105 said:Well that's depressing. Im trying to do some research to see if I am able to request a public defender for this matter currently and cannot find any straight answer.  

As @BV80 said you cannot get a public defender for a civil suit.  In fact in some states if jail time is not a possibility on the charge(s) you cannot get one they are so over worked.

You are all over the map on this one and making this way harder than it needs to be.  You are treating this like a collection when in reality you have already been sued and lost.  The responses to a judgment are very different than a collection letter.

Looking at your other posts it appears that what they have sent you is NOT a collection letter but a debtor's exam.  If this is what it is then the DV letter is ignored and if you fail to answer they can issue a warrant for your arrest.  Whether the court will issue one is another matter.  You are not being sued again.  They are trying to collect on the judgment and 10 years post judgment interest.

You have three options for legal help on a limited income:  call Legal Aid in your area.  If you qualify they will see you an go over all the paperwork and explain your options to you.  In some cases they can go to court with you on these matters.  Call your local law school.  Often they have a legal aid clinic at low or no cost where they can review the papers but cannot go to court or represent you.  Go to Consumer Attorney and find a good lawyer from the list in your state.  Most will do a first consult by phone for free.  

DO NOT keep messing around because if your court takes debtor's exams seriously you do not want to find out the hard way by being arrested.

[BackFromTheDebt]

1 hour ago, Clydesmom said:

As @BV80 said you cannot get a public defender for a civil suit.  In fact in some states if jail time is not a possibility on the charge(s) you cannot get one they are so over worked.

You are all over the map on this one and making this way harder than it needs to be.  You are treating this like a collection when in reality you have already been sued and lost.  The responses to a judgment are very different than a collection letter.

Looking at your other posts it appears that what they have sent you is NOT a collection letter but a debtor's exam.  If this is what it is then the DV letter is ignored and if you fail to answer they can issue a warrant for your arrest.  Whether the court will issue one is another matter.  You are not being sued again.  They are trying to collect on the judgment and 10 years post judgment interest.

You have three options for legal help on a limited income:  call Legal Aid in your area.  If you qualify they will see you an go over all the paperwork and explain your options to you.  In some cases they can go to court with you on these matters.  Call your local law school.  Often they have a legal aid clinic at low or no cost where they can review the papers but cannot go to court or represent you.  Go to Consumer Attorney and find a good lawyer from the list in your state.  Most will do a first consult by phone for free.  

DO NOT keep messing around because if your court takes debtor's exams seriously you do not want to find out the hard way by being arrested.

There are people in this country in jail because they blew off the debtor’s exam.  

[Dan1105]

I just dont understand how a judgment can be filed when I was never informed on the matter though.

[Clydesmom]

1 hour ago, Dan1105 said:

I just dont understand how a judgment can be filed when I was never informed on the matter though.

You need to look at the documents in the court file that say HOW and WHEN the summons was served.  That is the FIRST place to start.  If you can prove you were never served properly then there is a VERY small possibility that the judgment could be vacated.  That however is complicated 10 years after the judgment and needs a lawyer.

Indiana has a very liberal set of rules/laws regarding serving a summons.  They do not require that you be personally served.  They can leave it on your door step and that means you are served even if you never find it.  They can mail it.  They can also publish it in the local paper via notice and that counts as serving you.

[Dan1105]

3 minutes ago, Clydesmom said:

You need to look at the documents in the court file that say HOW and WHEN the summons was served.  That is the FIRST place to start.  If you can prove you were never served properly then there is a VERY small possibility that the judgment could be vacated.  That however is complicated 10 years after the judgment and needs a lawyer.

Indiana has a very liberal set of rules/laws regarding serving a summons.  They do not require that you be personally served.  They can leave it on your door step and that means you are served even if you never find it.  They can mail it.  They can also publish it in the local paper via notice and that counts as serving you.

Okay, I understand that, but the judgment was filed after my son did not show up to court, so I myself was never informed.

[Clydesmom]

1 minute ago, Dan1105 said:

I understand that, but the judgment was filed after my son did not show up to court, so I myself was never informed.

Then you are toast on this.  Settle it.  If they sued you and him as co-defendants and he never showed for trial and didn't tell you than your issue with your son not the courts.  They are NOT required to notify you separately.  

[Dan1105]

He was 3 at this time, something tells me a 3 year old cannot be sued in a civil case.

03/03/2010	Converted Event SERVICE--SHERIFF RETURN ON DAVID HULL BY HANCOCK COUNTY SHERIFF ON 3/1/10 BY LEAVING COPY. LLP (RJO? N) | JTS Minute Entry Date: 2010-03-03
04/13/2010	Converted Event COURT ENTERS DEFAULT JUDGMENT PER DECREE. (R. SCOTT SIRK, COURT COMMISSIONER) CH (DISPOSED: DE ) (RJO? Y) | JTS Minute Entry Date: 2010-04-13   i just dont understand how a Defult judgment can be made when Me Myself was never served. The name which is highlighted is my son, me and his mother were in the middle of a bad divorce. His name was on the document served not mine.

[BV80]

3 hours ago, Dan1105 said:

He was 3 at this time, something tells me a 3 year old cannot be sued in a civil case.

03/03/2010	Converted Event SERVICE--SHERIFF RETURN ON DAVID HULL BY HANCOCK COUNTY SHERIFF ON 3/1/10 BY LEAVING COPY. LLP (RJO? N) | JTS Minute Entry Date: 2010-03-03
04/13/2010	Converted Event COURT ENTERS DEFAULT JUDGMENT PER DECREE. (R. SCOTT SIRK, COURT COMMISSIONER) CH (DISPOSED: DE ) (RJO? Y) | JTS Minute Entry Date: 2010-04-13   i just dont understand how a Defult judgment can be made when Me Myself was never served. The name which is highlighted is my son, me and his mother were in the middle of a bad divorce. His name was on the document served not mine.

It also has:

Defendant

Hull, David, Also Known As Hull, Daniel

AND 

PLAINTIFF FILES AMENDED COMPLAINT AND ALIAS SUMMONS. ALIAS SUMMONS SENT TO: DANIEL HULL

That is why I suggested taking the documentation in the file to a consumer attorney.  Guessing will get you nowhere.  A lawyer can give you answers.  

[BackFromTheDebt]

It may not be fair, but in general Indiana is one of the worst states in the country for debtors.  Maybe THE worst state.  
 

Remember I mentioned in a previous post that some people who blow off debtor’s exams wind up in jail?  Certain judges in Indiana are famous for throwing debtors in jail.  
 

Take this extremely seriously.  Bad things can happen.  Right now you need to either call a lawyer, call the judgment holder to settle, or prepare for your debtor’s exam.  Maybe all three.  

[alwayswinning36]

On 10/20/2020 at 1:28 PM, Dan1105 said:

He was 3 at this time, something tells me a 3 year old cannot be sued in a civil case.

03/03/2010	Converted Event SERVICE--SHERIFF RETURN ON DAVID HULL BY HANCOCK COUNTY SHERIFF ON 3/1/10 BY LEAVING COPY. LLP (RJO? N) | JTS Minute Entry Date: 2010-03-03
04/13/2010	Converted Event COURT ENTERS DEFAULT JUDGMENT PER DECREE. (R. SCOTT SIRK, COURT COMMISSIONER) CH (DISPOSED: DE ) (RJO? Y) | JTS Minute Entry Date: 2010-04-13   i just dont understand how a Defult judgment can be made when Me Myself was never served. The name which is highlighted is my son, me and his mother were in the middle of a bad divorce. His name was on the document served not mine.

In most if not all states there is alternative service which could include leaving it as it lists it was left. If that was done then most likely they attempted service several times and never did reach you, so they alternatively left the notice. There could be some other issues such as maybe they went to an old address, or last known address. I wouldn't know truly, but if that is so, that would all be a matter of law in your state. The chances of you having anything changed pertaining to that judgment are slim to none. As for the name error, it could be just that, an error. That they have or must have caught since and just never corrected old entries in the court system.