Served summons(Midland), what to say on answer? please help
Date: Fri, 02/22/2008 - 15:45
Called Midland
While waiting for someone to reply to my original post, I called Midland to see if I could find out who the OC was. The first thing I asked was my social security number. I told the lady I wouldn't give it out, but couldn't she search by my last name. To this she asked if I had an account number and I told her that I didn't, that i was served a summons with no info on it other than Midland says I owe them money. At this she replied that I should just call the lawyer. I then ended this call. I really don't want to call this lawyer as I am afraid I may say something that they could use in their favor.It doesn't seem right that a lawyer can file a complaint and summons someone without anything other than so and so owes so and so this amount of money. There was nothing at all attached to this summons I was served. I did call the small claims court clerk and was told that I have everything that they were sent. If lawyers are allowed to file suit on so little info., what is to keep anyone from filing against someone just because they apparently legally can. Sorry for the vent, but I am so nervous about this entire thing.
Midland is known to file lawsuits against people who don't even
Midland is known to file lawsuits against people who don't even owe the debt. See other posts regarding midland credit management and Midland Funding. If it's not yours, they will probably produce false documents. Then you sue them :) Find a lawyer at naca.net to help you.
hi nuci-- Me personally, I would deny any responsibility. My
hi nuci--
Me personally, I would deny any responsibility. My explanation would be that Midland has never contacted me previous to this complaint being filed, and thus far Midland has not even identified the origination of the account in question. There is no way that I could assume responsibility for such an obligation just because a company I never heard of simply claimed I owed it.
OK, the SOL for open accounts in your state is 3 years. You said you had a couple of old accounts, I would go back through any records you have and try to determine the ages of those accounts. You will be looking for either the last payment you made or when the debt was charged off--that is when the clock starts running.
You said there was a complaint, was there just the sumnmons, or was the statement about the account on a separate page?
I would deny that account. Then I would go to court and make them prove what they claim. Remember, the burden of proof is on them, not you. But I would also recommend going to naca.net, and looking for an attorney in your area to help you. Midland is slippery, you want legal counsel on your side here.
credit report
Thank you for the answers you have given. I pulled my credit report from Equifax tonight and I have 3 accounts that Midland has purchased. The date of first delinquency for these accounts are 5/2002 for the first account, 6/2002 for the second acount listed, and 1/2003 for the third account listed with their name. Wouldn't all of these accounts be out of SOL? If so, do I take a copy of my credit report to court to prove this? To answer your question skydivr7673, I was served by a deputy sherrif and this is a list of the paperwork he handed to me: first page is a small claims summons page, second page is a notice of electronic filing page, third page is statement of claim (complaint) page, fourth page is a defendants answer page and the last page is an instructions page. I truely wish I had the resources to hire an attorney, but it looks as if I may have to go about this pro se. Thanks again for any help.
Just wanted to add that I still don't know who the original cred
Just wanted to add that I still don't know who the original creditor is, does anyone know how to go about getting this information? Due to stupidity on my part, I don't have any old records to go by, they have all been lost through a move, tossed out, etc. Boy has this been a learning experience for me!
Help
I was told by my family that I was served a summon to appear to a court house near my house, Florida. I dont live in the address that tpaper was served. I have my CC and Midland appeared 2 times for the same account. I dont know what should I do from this point. Note: I haven't seen the paper yet though
Louis, contact the county clerk to see if the summons is real.
Louis, contact the county clerk to see if the summons is real.
Hi, I have a sommons for a cc debt from Midland. I'm not sure wh
Hi, I have a sommons for a cc debt from Midland. I'm not sure what cc they are talking about and don't recall the company name. I'm supposed to serve an answer by tomorrow. I don't know what to say to answer. Also what does it mean for an account to be out of SOL?
summons
Why do CA's sue with so little info? Won't they have to supply this to the court? I am wondering if they just hope that people ignore summons and court dates so that they can win by default. I recently received a summons for an old credit card. For validation, the CA, Daniels Law Office, provided amount owed, name of OC, and a National Arbitration Award, without my signature, made out to Wolpof and Abramson, who I think is now owned by Midland Funding. It appears there are alot of questions asked about, and some lawsuits against, the National Arbitration Forum, who apparently is not very unbiased. I have a case management meeting in June. I have proof that I asked for further validation, but was not provided it. Won't they have to provide that to the court to win? I too am going the pro se route, as I cannot afford an attorney.
old credit card dept
I received a summons last week and have 20 days to reply. This is for an old credit card dept. I am on Social Security Disability. Can my disability check be garnished to repay this old debt? How should I answer the summons? I can not afford an attorney and would have to go pro se.
First thing, get an attorney. Inquire with the court about Legal
First thing, get an attorney. Inquire with the court about Legal Aid so you can get one at little to no cost.
File a Motion for Discovery. When you respond to the Interrogatories, write down that you can neither conform nor deny the allegations because you do not have any documentation.
There's some response info on this thread: http://www.debtconsolidationcare.com/collection-agencies/about19802.html - see 6th post down....
First off telling someone to get an attorney is not helpful. Pe
First off telling someone to get an attorney is not helpful. People who are being sued for 1 to 6K typically can not afford an attorney. It really is not a big deal going pro se as junk debt collectors never have the information required to win suit IF YOU ANSWER THE COMPLAINT.
Simply answer the complaint by saying you can neither confirm nor deny the allegations based on lack of validation.
?? First off, it IS helpful because that is THE best advice th
??
First off, it IS helpful because that is THE best advice that can possibly be given by ANYONE that is not an attorney hired to represent you.
You said: Quote:
People who are being sued for 1 to 6K typically can not afford an attorney |
Even though I had said: [quote]Inquire with the court about Legal Aid so you can get one at little to no cost. [/quote]
1) This is the United States of America. YOU DO NOT NEED MONEY TO GET AN ATTORNEY. There is Legal Aid and Consumer Advocate attorneys all over the place. EVERY citizen of the US has open access to Due Process Under the Law, and NONE may be denied.
2) It is against the law to give legal advice (and we are talking about a COURT CASE here), the Unauthorized Practice of Law is taken *very* seriously. So basically all we can do is point you to something that gives you a little background, even if it is only somewhat relevant to your case - as long as it is dispensing information (and not advice) to be able to give you some sense of what your options are, or as in the case of the thread I pointed the poster to, a personal experience where a debtor or alleged debtor won in court or they are sharing what they themselves presented to the court in response to their own particular situation.
3) How can we possibly even give information on answering a summons when - firstly; we do not know the case?! We do not know the poster's financial circumstances. We do not know the circumstances surrounding the debt - etc. etc. etc. So it's just a shot in the dark. And how is THAT supposed to help anyone?
We can only help arm the debtor or alleged debtor by pointing them towards relevant information. What they do with that information, and how they apply that information, is entirely up to them.
I cannot understand how you think that telling someone to get an attorney is not helpful? Did the original poster go to Law School? I *guarentee* you that the Attorney for the collection agency not only *did* go to law school, but they have tried case after case after case after case and they can whip through this (and through the defendant) as easily as a knife through melted butter.
We like to see people WIN against unscrupulous debt collectors. SSI cannot be garnished. For this collector to go ahead and sue anyway, means that they likely are an inconsiderate bottom feeder agency that needs to be put in its place, and that can only happen in a court of law.
I think people who duck out on their loans or money they owe nee
I think people who duck out on their loans or money they owe need to be accountable to re pay every last cent. Americans have destroyed this country due to their selfishness and greed.
And you have the right to think that way. But - since the top 1%
And you have the right to think that way. But - since the top 1% owns 35% of the wealth (as of 2004) we all know *which* Americans are destroying this country due to their selfishness and greed, now don't we?