Internet's first get-out-of-debt community - 135,000 members

Milan · Posted: Sun Oct 12, 2008 4:36 pm Subject: Midland

I received a letter yesterday from a Mediation Agency wanting me to call them about a summon I will be served shortly from Midland. The agency wants to assist me in the settlement of the suit. I had no knowledge of the summons but did look at the county clerk office wed site and did find the case number. The date was 10/01/2008. The suit is from BoA credit card that I had stop paying on in 2000 (total was 500, Midalnd wants 1800). I saw what look like a court date of 10/28/08. Today is 10/12. I live in Florida. Can a CA file suit? has the SOL past? any suggestions?
Thanks

Milan · Posted: Sun Oct 12, 2008 4:47 pm Subject: Here is what I found

Midland funding llc
BANK OF AMERICA NA,

---------------------------------------------------------------------- ----------
10/01/2008 SUMI O/C PRSR - JJL PROCESS - JUDGE XXXXXXXX

09/26/2008 A AFFIDAVIT

09/26/2008 CCST CIVIL COVER SHEET

09/26/2008 CMPL COMPLAINT FILED

09/26/2008 CINS Reason: PT

09/26/2008 CINS Calendar entry added for: 10/28/2008 10:30 AM

Milan · Posted: Sun Oct 12, 2008 4:49 pm Subject:

here is what I found on the clerks web site:

Midland funding llc
BANK OF AMERICA NA,

---------------------------------------------------------------------- ----------
10/01/2008 SUMI O/C PRSR - JJL PROCESS - JUDGE XXXXXX

09/26/2008 A AFFIDAVIT

09/26/2008 CCST CIVIL COVER SHEET

09/26/2008 CMPL COMPLAINT FILED

09/26/2008 CINS Reason: PT

09/26/2008 CINS Calendar entry added for: 10/28/2008 10:30 AM

Posted: Sun Oct 12, 2008 4:51 pm Subject:

It is a solicitation - some of my clients have gotten them from "mediation" companies. I would ignore it. Mediation isn't helpful and a waste of time.

It sounds like you are about to be served with a summons and a complaint. When you are, do not ignore it. You need to respond to the lawsuit.

Although I am not a California attorney, I believe that the
Statute of Limitations for a written contract is 4 years. If what you say is accurate, that the last payment was made in 2000 and the lawsuit was filed in 2008, then I would believe that the SOL has expired. You probably should consult with a California attorney to be sure. You can get an attorney referral from your local county bar association.

Milan · Posted: Sun Oct 12, 2008 5:09 pm Subject:

What is the difference between a complaint and a summons? Btw, I live in Florida.
My credit reports shows charge off/bought in 2006. Should I contact Midland when I receive the summons to settle or wait and go to court?
Thanks

Milan · Posted: Sun Oct 12, 2008 5:14 pm Subject:

another thing, when I pulled my credit, Midland had 2 entries for the same suit
8/29/2008 MIDLAND CREDIT MGMT 8/12/2008 $1,823.00 8/12/2008 Collections

8/28/2008 MIDLAND CREDIT MGMT 12/13/2007 $1,823.00 12/13/2007 Collections

Posted: Sun Oct 12, 2008 7:07 pm Subject:

The letter from the mediation company is, as David stated abov. a soicitation. They troll thecounty clerks office looking for suits that have been filed.

The differene b/w a summons and complaint is that the summons is the order to appear before the court and the complaint outlines thedetails of the suit.

If the last time that you paid on this account s indeed 2000, then this suit is time barred by statute. SOL in FL for this type of account is 5 years from Date of Last Payment (DOLP). Midland is just hoping that you will not respond nd then they will win by default. Don't let that happen. Start researching FL Rules of Civil Procedure. You will need to make sure that you respond within the specified time and that your response is in the proper format. Please ake sure yourespond and show up. Midland does no stand a chance of winning tis suit unless you don't. Thn a default judgement would be awarded. Here are some useful links:

MrsHK · Posted: Mon Oct 13, 2008 6:54 am Subject:

I've tried to google county clerk to see if a lawfirm has filed suit on me but haven't been able to locate a website that would provide this information. Do you have a suggestion on how I can find that out? You mentioned you did so in the original post. Thanks for your help!

Milan · Posted: Mon Oct 13, 2008 11:49 am Subject:

XXXXXXXX County Clerk of the Courts (xxx=county you live in)
Then select Civil

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 135,000 members

Midland

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post