Midland Credit - Filed response to summons-now got a "Notice of Continuance" letter

[RNmomtofour]

Hello,

I am being sued by Midland Credit for $1800.  I received a Summons and panicked and with the help of SoloSuit, I filed a response.  Now I received a "notice of continuance" and it states "The case is continued on Motion of the Plaintiff to 12/17 for status."  No idea what my next steps are or how to handle it.  After I filed my response, SoloSuit made it sound like in 90% of cases the suit is dropped.  That doesn't seem to be the case here.  Any help is appreciated as I am in no position to have my wages garnished or pay the $1800.  Thank you in advance

[Bulldoger]

please provide info requested of this post and attach a redacted copy of your answer and notice of continuance.  Once we have that information  can better answer what you do next.  

 

[RNmomtofour]

1. Who is the named plaintiff in the suit?

Midland Credit Management

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

Kohn Law Firm

3. How much are you being sued for? $1800

4. Who is the original creditor? (if not the Plaintiff) PayPal/Synchrony

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

6. How were you served? (Mail, In person, Notice on door) In Person at my house

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

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?  I don't recall

9. What state and county do you live in?  IL - McHenry

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): 2019

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

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

Statute of Limitations on Debts 10 years for written - IL

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).  Continuation set for 12/17 for "status check"

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?:  I responded within 3 days with the help of SoloSuit

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: Synchrony Bill of Sale to Midland and a Paypal Credit statement from 2/2020

18.  How did you find out about this site?  A Search

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing?

2. How old is the debt?

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

6. What state are you in?

7. What kind of debt is this? (credit car, auto loan, student loan)

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

[BackFromTheDebt]

Ah. 
 

Well, your use of SoloSuit was far less helpful than what you would have gotten here for free. 
 

Here is the bad news and the good news. 
 

Bad news:  Kohn Law Firm is the toughest debt collection firm in this part of the country.  They don’t mess around, they don’t make mistakes, they don’t back down, and they almost always win.  Filing a reply with SoloSuit only prevented a default judgment.  It won’t beat Kohn. 
 

Good news:   You can still win this case.  
This card is Synchrony.  They have the best (for the debtor) arbitration provision of any card.  Midland is bound by the agreement and usually backs down if arbitration is filed, especially for such a small amount.  
 

Here is how you win:

1.  Read up on the arbitration threads on this forum.  Learn all you can. 
 

2. Learn your local court system, and learn how to file and schedule motions for whatever court this is in. 
 

3. File a Motion to Compel arbitration (MTC).  Send a copy of the card agreement with the MTC.  Send an affidavit that you used the correct agreement.  Send a copy of everything to Kohn.  Keep a copy for yourself.  
 

If you do this the right way, you will probably win. 

[Clydesmom]

On 11/6/2021 at 2:49 PM, RNmomtofour said:

I received a Summons and panicked and with the help of SoloSuit, I filed a response. 

Do not panic.  Using that service has not done you great harm.  You protected your rights by filing a timely answer and that is what matters.  

On 11/6/2021 at 2:49 PM, RNmomtofour said:

Now I received a "notice of continuance" and it states "The case is continued on Motion of the Plaintiff to 12/17 for status."  No idea what my next steps are or how to handle it. 

You should not need to do anything related to that.  All it means is they pushed out the date of the first hearing because you filed a response.  The laws in each state give each party a certain amount of time to handle the case.  My educated guess is that when you filed your answer there was not enough time left prior to the first hearing already scheduled so they were required to move it out.  That or the Plaintiff had a conflict and asked for a continuance and the first one is always granted.

What you do need to do is keep an eye on the docket and make sure they do not file a Motion for Summary Judgment.  If that happens you need to file an opposition.  Come back here and this site can help with that.

On 11/6/2021 at 2:49 PM, RNmomtofour said:

After I filed my response, SoloSuit made it sound like in 90% of cases the suit is dropped.  That doesn't seem to be the case here. 

They may still drop it but I would not get your hopes up.  It is true that JDBs like Midland have a business model built off the default judgment and that for the small few that do fight back they often walk away but that has almost dried up in the digital era of record keeping.  Now it is too easy to have the business records to support their case and win.

On 11/6/2021 at 2:49 PM, RNmomtofour said:

Any help is appreciated as I am in no position to have my wages garnished or pay the $1800. 

Start reading the threads on filing for arbitration.  That is your best hope to getting them to back down and walk away.  If that doesn't work then you need to also be researching how to live unbanked and to protect your paycheck because whether you can financially tolerate a garnishment will not be factored in.  Unless you have legal protections to your funds they can take up to 25% per paycheck as a garnishment.  

[RNmomtofour]

Now I am confused and received a "Notice of Motion" for that December date today for "an order granting Default judgment in favor of plaintiff and against defendant herein."  Every lawyer that Solosuit recommended won't help me because the $1800 is too small.  Ugh, I am a nurse and have NO clue about this kind of stuff.  What is an "opposition" as mentioned above?  CAN I STILL FILE AN MTC ARBITRATION OR IS IT TOO LATE?  It says in the CC agreement it can be requested at any time.  It is attached below.  

 

[BackFromTheDebt]

This means they claim you did not answer the complaint. if that is the case, they can get a default judgment and you lose.  
 

You say you answered with SoloSuit.  I have no idea how that works.  
 

it is your responsibility to make sure your answer is filed correctly and on time. If this was done, your objection to their motion is simple.  Just show that you answered the complaint.  If somehow your answer wasn’t filed, you could be in trouble.  
 

If you did, indeed, file your answer correctly, file two things:  1. File a simple objection showing that you did answer and 2. File an MTC. Of course, send copies of both to the other side.  
 

I did once have a default motion filed against me when I had filed correctly.  The judge ruled in my favor and then ordered arbitration in the same hearing. They weren’t anxious to arbitrate, so I won that case.  

[RNmomtofour]

I am attaching the "documents" the court has on my case.  It looks like they received my answer correct?  Am I reading this wrong?  How do I file an objection?  Ugh...I need help. 11/2 was the notice of continuance.  Then today I got the other 2 things stapled together.  Did I need to show up in court to file my answer?  In the motion for default judgement it states: "The defendant has filed an appearance herein; however, the defendant did not appear in court 11/2 and plaintiff was given leave to file a motion for default judgment."

[BackFromTheDebt]

It appears you did answer.  
 

I assume you sent a copy to the attorney’s office.  If so, this is easy to beat.  
 

You need to file an objection to their motion. 
 

There is a format for filing motions and obligations and answers.  
 

I assume they sent a copy of the Motion for Default Judgement.  If not, they could be in trouble for that.  If the motion was filed recently you may not have the copy yet.  
 

The motion has the names of the parties, the name of the court and the case number.  When you write your objection, use the same format. 
 

Then, underneath, type out something like:

”Now comes the Defendant, Xxxx, pro se, in objection to the Motion for Default Judgment.   
 

The Defendant filed an answer to the complaint on September 27, 2021, and delivered a copy to the Plaintiff.  Therefore the Plaintiff’s motion is improper.  The Defendant asks this Court to deny this frivolous Motion. “

That is just an example.  Realize, by filing a frivolous motion they really look bad to the court.  I said they Kohn doesn’t make mistakes.  Never say never. They made a stupid mistake.  

[RNmomtofour]

It looks like the answer was sent to Midland Credit Management because that is who was the Plaintiff at the top of the Summons.  Will that create an issue?  I do have a copy of the Plaintiff's Motion for Default Judgment.  I received that today.  Can I send the objection via normal mail or does it need to be certified etc?  Should I still do the MTC or wait?  I cannot thank you enough for your help.  

[BV80]

38 minutes ago, RNmomtofour said:

It looks like the answer was sent to Midland Credit Management because that is who was the Plaintiff at the top of the Summons.  Will that create an issue?  I do have a copy of the Plaintiff's Motion for Default Judgment.  I received that today.  Can I send the objection via normal mail or does it need to be certified etc?  Should I still do the MTC or wait?  I cannot thank you enough for your help.  

Communication during a lawsuit must be made with the other party’s attorney.  A copy of the answer should have been sent to the attorney.  Read your rules of civil procedure.  If those rules required you to file an answer with the court, did you do so?  

Regarding an objection, again follow your rules.  More than likely, you need to file it with the court and send a copy to the attorney.  

[RNmomtofour]

Yes, the court received on 9/27.  Is it too late to file an MTC or should I wait and send the objection first?

[BackFromTheDebt]

It would only take a few minutes to file an objection.  It might take a few hours to a few days to put together a good MTC.  
 

You need to do both so why not do the easier one first?

[RNmomtofour]

Is there usually a fee to file an objection?  I feel like I am drowning with this situation.  I am assuming normal mail is fine to send to both the court and the plaintiff?

[BackFromTheDebt]

I didn’t read this carefully enough earlier. 
 

It appears you were required to show up for a court hearing on 11/2.  You weren’t there. The judge could have granted a default judgment right then and there. Because you filed an answer earlier, he decided to have the plaintiff file for a default judgment. Unless you file an objection ASAP, you will lose 100% of the time.  
 

Depending on the court, either there was a return time and date for the hearing on the summons, or else the court sent out the information later. 
 

This is not hopeless.  Why did you miss the hearing?   Put that in writing, and be honest.  Don’t say there was an emergency shift if you were off that day.  That would be perjury which is a crime. If you got confused and thought you didn’t need to be in court if you filed and answer, say so, apologize and say you won’t miss any more hearings. 
 

File the objection ASAP.  If possible, go to the courthouse and file there, tomorrow if at all possible, and then send a copy to the lawyer based on the court rules.  Maybe sending it CMRRR would work.  
 

Then, file your MTC. 
 

After that, one of two things will happen:

1. The judge is nasty and grants the default judgment anyway.  You lose. Since he didn’t grant a default judgment at the hearing, this probably won’t happen, but it could. 
 

2. The judge grants a new hearing. You have to be there or else you lose.  Be prepared to argue your MTC, which you should have sent by that time. 
 

Best of luck to you.  

[BackFromTheDebt]

Let me add — when you file your MTC, you also need a Notice of Motion.  Do that just like they did their Notice of Motion for the Default Judgment 

[RNmomtofour]

So, turns out, SoloSuit screwed up and left off a letter from the attorney's email address which is why they didn't get it.....grrrr......I paid $200 for them to file everything etc.  Anywho, they apologized, re-submitted the answer and said I should file a Motion to Vacate Judgment and they would file it for me.  Is that the same thing as the objection?  The court accepted the re-submission and they said that's a good sign?  I am super mad right now as they made it sound like we did not need to show up at that Nov 2 hearing when obviously I did.

[Bulldoger]

1 hour ago, RNmomtofour said:

So, turns out, SoloSuit screwed up and left off a letter from the attorney's email address which is why they didn't get it.....grrrr......I paid $200 for them to file everything etc.  Anywho, they apologized, re-submitted the answer and said I should file a Motion to Vacate Judgment and they would file it for me.  Is that the same thing as the objection?  The court accepted the re-submission and they said that's a good sign?  I am super mad right now as they made it sound like we did not need to show up at that Nov 2 hearing when obviously I did.

If they messed up. Called them up tell them why you missed meeting,  Then have them draft a Motion to Vacate to correcting the Problem they created.  Have them email it to you and you file copy with court, mail copy to CMRRR to attorney. check rules if you need a statement certifying you mailed copy to Plaintiff.  

[RNmomtofour]

So, per their recommendation, they filed a Motion to Vacate.  And now I see that there is an "appearance" and the event type is "Motion Default"  Does that mean the judge is ruling to approve their default judgment motion?  I am very nervous now.  Is it even worth doing the MTC arbitration?  The more I research that, the more I am not sure I would do it correct ?

[BackFromTheDebt]

I am not from Illinois. 
 

My guess is that a motion for Default Judgment was filed.  That appears to be what that mean.  I could be wrong. 
 

Filing an MTC cannot hurt you and may possibly win the case for you.  Search the forum for how others did it.  Show a redacted version of your MTC before you send it.  This takes some homework but can save you real money

[shadow99]

I live in a different state, but I've really simplified my MTC.

I started off with the format people here are using. Then, it seemed like no one read it anyway.

So, I went to my state court's website and downloaded an editable PDF for motions and filled it in.

It had a place to fill in what type of motion. I put this: Compel private arbitration and stay proceedings pending the outcome.

Then, the next box to fill in was my reason. I put this:

1. The card agreement (Defendant's Exhibit 1, pg 7) allows for dispute resolution using private arbitration per the Federal Arbitration Act.

2. I am electing arbitration according to the terms of the card agreement.

 

The judge granted my MTC.

All states are different, and maybe I've been lucky, but it worked for me.  I figured they might appreciate brevity over long-winded arguments and the judges should know the laws.

That being said, I always have a bunch of arguments with cases to back them up printed out with me just in case.

 

[Bulldoger]

1 hour ago, shadow99 said:

So, I went to my state court's website and downloaded an editable PDF for motions and filled it in.

What's the number of the form you used?

 

[shadow99]

1 hour ago, Bulldoger said:

What's the number of the form you used?

 

I used DC-371 for the MTC and DC-699 for the affidavit, both downloaded from the Virginia Courts website.

 

 

[Bulldoger]

23 hours ago, shadow99 said:

I used DC-371 for the MTC and DC-699 for the affidavit, both downloaded from the Virginia Courts website.

Thank you I never would have found that DC-699 form. So you files these two forms, memorandum of points, and copy of contract?

 

 

[shadow99]

4 minutes ago, Bulldoger said:

 

I filed DC-371, copy of contract, and DC-699.  No memorandum of points. 

My points were on DC-371.

I put this in the first box:

to Compel Private Arbitration per the credit card agreement and Stay the Proceedings pending the outcome of arbitration. Credit card agreement with affidavit submitted as Defendant's Exhibit 1.

And this in the second box where it says "for the following reasons", because that's about all that would fit:

1. The agreement allows for dispute resolution by binding private arbitration per the the Federal Arbitration Act. See Defendent's Exhibit 1, pages 4-6.

2. I am demanding arbitration per the agreement.

3. Virginia law: § 8.01-581.02. Proceedings to compel or stay arbitration. A. On application of a party showing an agreement described in § 8.01-581.01, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration

My first case was continued 4 or 5 times.  It didn't take me long to figure out the judges were not reading what I was writing for the most part. All they needed to know was I had a contract that mentioned arbitration and that I was asking for that. They didn't need or want some long, complicated legal argument.  They even ignored the long, complicated legal arguments that the plaintiff's attorney submitted. It was very casual and common sense, which was a relief for me.

Me second case went pretty much the same, except I stopped stressing over the format of the MTC and all the legalese.

I plan to rinse & repeat this until I can afford to start trying to settle what I have left, which should be sometime early next year.