Midland Credit Management LLC

[NoNothing 0]

I'm being sued by Midland for 1,334.00. How should I proceed? How should I answer?

1. Who is the named plaintiff in the suit? Midland Credit Management LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) ALDRIDGE PITE HAAN, LLP

3. How much are you being sued for? 1,344.00

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

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

6. How were you served? (Mail, In person, Notice on door) Not served yet

7. Was the service legal as required by your state? 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? A couple of demand letters.

9. What state and county do you live in? GA, Fulton County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11/03/2018

11. When did you open the account (looking to establish what card agreement may be applicable)? 7/27/2016

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

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). Suit not served. 

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 disputing after being sued 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? 30 days after being 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. not yet

18.  How did you find out about this site? On-line search

 

[Clydesmom 1,218]

6 hours ago, NoNothing said:

How should I answer?

If the suit is in Magistrate Court then Fulton County has pre-printed answer forms.  You simply check off "Deny" and file it with the clerk.  They will stamp it and give you your copy.  You will be notified of the trial date which should be within 30-60 days depending on covidiocy stuff.

DO NOT do this until they serve you.  There is always a small chance they never serve you and it gets dismissed.

6 hours ago, NoNothing said:

How should I proceed?

Your options are to settle, defend the suit, or file bankruptcy if you qualify.  Unfortunately Credit One has a carve out for debt cases in small claims and Magistrate Court is small claims in GA so arbitration isn't an option.

[NoNothing 0]

Why answer "deny"? Does that give you more options once it goes to trial? 

[Clydesmom 1,218]

5 hours ago, NoNothing said:

Why answer "deny"? Does that give you more options once it goes to trial? 

If you answer "Admit" there is no trial.  It is an automatic default judgment.  If you want any chance to make them drop it or settle for less choose "Deny".

[BV80 2,797]

10 hours ago, Clydesmom said:

If you answer "Admit" there is no trial.  It is an automatic default judgment.  If you want any chance to make them drop it or settle for less choose "Deny".

Just a minor correction:  There would not be an “automatic default judgment.”  A default judgment only occurs if there is no timely answer to a complaint.