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Being sued by Midland credit, but they served papers to a Minor


Mommoftwo
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I live in the state of IL, and Midland credit served my younger brother whose a minor for a court date that is in a week. Advise? How can i go about this??? They provided the original creditors statement, Bill of Sale that  doesn't have anything tying to me or my original account with Capital one,  & affidavit of KAthryn vander plaats showing the last time the accnt was active and last payment...  Which i checked my bank statements and the date of payment is off by a day... help!! how do i beat this case. 

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Well, you may not be able to beat it.  

You can try to have the case dismissed without prejudice for improper service.  Make sure service to a minor violates Illinois law.  Maybe that will work, maybe not.  

Even if it does work, they can refile.  Look at their documentation carefully.  Be prepared to challenge the bill of sale.  Again, they may or may not work.  

In any case, you will most likely lose the case, either now or later.  You need to consider if you can make a settlement offer.  Depending on how much this debt is, you may or may not want to consider bankruptcy.  

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