ConfusedByLife

Midland Credit - Filed Suit. I was not notified. What Next?

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Midland looking to recover debt from me on behalf of synchrony. Amount less than $2000. 

The address Midland has for me is a relative's home in Indiana. I have lived in a different state for years. Therefore, all notices have gone to that Indiana residence. 

Family notified me of the following:

1) pre-legal notice sent late summer 2020. 

2) Intent to file lawsuit notice if not paid by "XXX date" sent late fall 2020. 

3) This was the last I heard anything from my family about Midland until family member contacted me May 1. They noted they saw my name in local paper under "court" section: Midland Credit Management INC vs. "My Full Name". They did not receive any mail from Midland since the notice to file in late 2020. 

What are my best next steps? I know that showing up in court is one of the most important steps when disputing Midland. But I was never made aware of the proceeding in any way shape or form. Is that in their rights to escalate to courts without notifying me? 

Willing to answer any clarification questions. Thank you. 

 

 

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17 hours ago, ConfusedByLife said:

Midland looking to recover debt from me on behalf of synchrony. Amount less than $2000. 

The address Midland has for me is a relative's home in Indiana. I have lived in a different state for years. Therefore, all notices have gone to that Indiana residence. 

Family notified me of the following:

1) pre-legal notice sent late summer 2020. 

2) Intent to file lawsuit notice if not paid by "XXX date" sent late fall 2020. 

3) This was the last I heard anything from my family about Midland until family member contacted me May 1. They noted they saw my name in local paper under "court" section: Midland Credit Management INC vs. "My Full Name". They did not receive any mail from Midland since the notice to file in late 2020. 

What are my best next steps? I know that showing up in court is one of the most important steps when disputing Midland. But I was never made aware of the proceeding in any way shape or form. Is that in their rights to escalate to courts without notifying me? 

Willing to answer any clarification questions. Thank you. 

 

 

I would check the docket of the local Municipal Court in the area your mail was delivered.  You should be able to see if any Complaints were filed.

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19 hours ago, ConfusedByLife said:

Midland looking to recover debt from me on behalf of synchrony. Amount less than $2000. 

The address Midland has for me is a relative's home in Indiana. I have lived in a different state for years. Therefore, all notices have gone to that Indiana residence. 

Family notified me of the following:

1) pre-legal notice sent late summer 2020. 

2) Intent to file lawsuit notice if not paid by "XXX date" sent late fall 2020. 

3) This was the last I heard anything from my family about Midland until family member contacted me May 1. They noted they saw my name in local paper under "court" section: Midland Credit Management INC vs. "My Full Name". They did not receive any mail from Midland since the notice to file in late 2020. 

What are my best next steps? I know that showing up in court is one of the most important steps when disputing Midland. But I was never made aware of the proceeding in any way shape or form. Is that in their rights to escalate to courts without notifying me? 

Willing to answer any clarification questions. Thank you. 

 

 

A few questions:

1. Where were you living when you opened that card?

2. Where were you living when you defaulted on that card?

If you were living at the address where the case was filed at the time of default, if probably makes sense for them to file there.  If not, it is an error.

If I were in your shoes, I would call up their attorney (get the name from the notices sent to your relative's address), let them know you are in a different state, and discuss having them non-suit the case.  HOWEVER, if you were living in the other state at the time of default, then this may be an FDCPA violation for them to sue in the wrong state.  If that is the case, offer an exchange -- the case will be dismissed with prejudice in exchange for you not following up on any FDCPA violations.  A complete mutual dismissal.  

 

If getting them to non-suit or dismiss the case fails, then talk to a good consumer lawyer about what to do.  

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22 hours ago, ConfusedByLife said:

Is that in their rights to escalate to courts without notifying me? 

Yes.  SC is the only state that requires a notice to cure prior to being able to sue to collect on a debt.

22 hours ago, ConfusedByLife said:

The address Midland has for me is a relative's home in Indiana. I have lived in a different state for years.

Did you update driver's license, voter registration, car registration etc. when you moved?  If so, then you have Midland on an FDCPA violation for suing in the wrong venue.  If not and mail was always going to the IN residence it gets way more complicated.

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