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Midland Credit sueing me. Help!

Date: Mon, 02/23/2009 - 10:05

Submitted by brwneyez70
on Mon, 02/23/2009 - 10:05

Posts: 5 Credits: [Donate]

Total Replies: 4


Long story short - Had a Citibank acct. in my name only from 2007. Fell behind due to my husband having to change several jobs while in the construction business due to the economy. Couldn't keep up with all the late fees and interst adding up and just couldn't afford to pay on it. Both of us were laid off. He has found work at half his normal salary and am still unemployed since 8/2008. I am probably the first to blame for letting it get this far, but this is where it is now. I was served a summons on 2/3/09 from an attorney in Colorado stating Midland Credit is sueing me for $3711 plus interst, court and attorney fees. I checked with county clerk and it appears this is a real summons with a court date of 3/12/09. I sent a DV to the attorney and haven'e gotten any replies yet. The complaint in the summons says I owe the above amount due to failure in making payments on account obtained by defendent. Attached is a Form 459 from a lady who works for Midland saying she has the knowledge that I do owe this money to Midland stating their account number and saying that Citibank sold and assigned all rights to Midland. SOL has not expired. So here are my questions:
Was sending a validation letter right?

Does all proceedings need to stop until they verify?

When filing my answer, can I answer with the statement " I do not beleive the amount is due and owing for the following reasons: No proper verification the plaintiff is legal obligated to collect this debt from me?

If the lady who signed this Form 459 supposed to show the proof and show up in court with it?

So confused and scared and I would love anyones advice and want to thank all who share their stories and advice on this site as I have spent days reading so much helpful information. I wish I would've found this site sooner. Best wishes and Thank You in advance.


You need to check to see if the account was purchased by another company as bad debt they could recover in court. If so they hardly EVER transfer paperwork. In your summons response you need to file that they have not presented you with a contract and make them come forth with it. If the debt was purchased they will not be able to verify in court besides having a sworn statement stating you owe the debt. Be sure to let the judge know you have no knowledge of the person who signed the sworn statement and question her knowledge of your account since she was not involved when the account was open. Depending on the judge these two things can get their motion denied. The BIGGEST advice I can give you is to run your tail to the courthouse and file a motion for summary judgment against THEM. After filing of course send the letter to the atty suing you in court. If they fail to provide a contract and are only basing there case on word of mouth you can and should win summary of judgment against them meaning the case is closed. Not all judges are created equal so I would HEAVILY recommend reading the book "beating up on debt collectors". It has to be pretty good with knowledge considering debt collectors now go to classes to attempt to beat consumers who have read it, its free.


lrhall41

Submitted by on Mon, 02/23/2009 - 15:00

( Posts: | Credits: )


So I should file my answer first and then a motion for summary judgment? Can you give me anymore info on summary judgments? Is it a simple document I fill out or do I need to bring anything with me to show anyone? I'm sorry for so many questions. Can't afford a lawyer so I'm going this alone. Thank you so much!


lrhall41

Submitted by brwneyez70 on Mon, 02/23/2009 - 16:11

( Posts: 5 | Credits: )