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SUIT

Date: Sun, 02/08/2009 - 10:57

Submitted by anonymous
on Sun, 02/08/2009 - 10:57

Posts: 202330 Credits: [Donate]

Total Replies: 8


A person came to my home with papers not in any envelope asking my son if Pat (deleted for his protection-Frogpatch) lived here, I asked what he wanted he said your being sueid I asked by whom he said I dont know When I refuse the papers he threw them on the ground, The date on the papers is 11/18/08 filed 01/09/09 I got them 01/28/09. It is from Legal Recovery Law Offices in San Diego,Ca Mark D walsh esq for Midland Funding llc.
I was under the impression that this debt was a charge off (I know thats bad) and the last activety on the account said 04/11/05 amount owed $3707 it states that if I dont reply I can have my wages garnished and any property taken (which I dont own anything and have no savings and yes I do work full time)

I cant recall the last time I had any contact from that collection agency Midland Funding most likely a good 2-3 yrs but all the searching I have done shows that they are very dishonest. My fault in assuming that the debt was charged off and would be willing to make a settlement with them for a lesser amount. My question is being as the statue runs out in 4 yrs and it is just a couple months from that date , and that I dont have any money what do you advise that I do, people keep telling me to call them is that the right approach? or do I do nothing? Please help I have till 02/28/09.


It doesn't look like the son's name is Pat. I think the poster is Pat, and sounds like the son answered the door, and the person asked for Pat...

Unfortunately there are no legal means to "refuse" a summons. Once you identify yourself, and he knows you're you, his job is to inform you of the contents of the summons, hand them to you, and consider yourself served. If you refuse, nonetheless you were still served.

Regardless of chargeoff status or what not, you will need to answer the complaint or else they can get a default judgment. It doesn't hurt to call them, they might settle to avert a trial. If they do, make sure to get the stipulation in writing and make sure they file it with the court.


lrhall41

Submitted by DebtCruncher on Sun, 02/08/2009 - 19:58

( Posts: 2293 | Credits: )