Received Citation - Being sued by Midland Funding through Eaton Group

Call the city clerk and ask them if they sent that. if they didn't then ignore the citation and send the a validation letter certified mail with return reciept. Then they have 30 days to respond with proper validation. There are some great validation letters on this site

If the clerck did send it then answer all of the questions with the following response, "Not enough information to answer correctly, XYZ company has not validate the debt"

It looks legit.?? It has all of the seals from the city I live in. ??I'm scared to death.?? Who do I send the answer to? Eaton Group??? The citation says that Midland Funding is the plaintiff.?? I've never even heard of them or from them.?? Do I need an attorney to help me??with the answers??? I'm assuming that Midland purchased the debt somewhere along the way.?? I called Eaton Group back yesterday after I got the citation and spoke to "Legal" ??and was told the only way to keep this out of court was to pay it.??????By the way, the citation was stuck on the door of the wrong apartment and the tenant brought it down to mine.?? Neither one of us is sure who delivered it.???? I can't believe that people can sue you and you're not sure of what you're being sued for.

I would answer they questions like I posted before, and I would think that your answers would go back to the clerk. The best bet would be to call the clerk and ask them who it goes back to.

By the way, thanks for the help, Count. It is legit.
??

No problem, best advise would be to call the clerk and then if you do not think you can do this on your own then look for an attorney to help you.

What happens after I answer that they haven't validated the debt? Is something else filed against me?

Probably you will get a court date (if there is not one already) where the judge will look at the answers and then ask if the plaintiff has proper validation with him, if he does then the judge will have him turn it over to you. when they turn it over to you make sure that it is not something that has their letterhead on it and says you owe this much to this company. If it does tell the judge that it is not proper validation and the judge should postpone the hearing until they can provide proper validation. If they do have proper validation then you just explain to the judge that you never received it and are willing to work out a payment plan once you can look it over.

You can check with the clerk to see if anything else is filed with them.

What is considered proper validation?

Proper validation would be things like the original contract, the final bill that the OC sent you that shows your balance, payment amount, account number. (This would be from the OC)

I spoke to the clerk's office yesterday.?? Her advice was "they probably won't verify anything.?? It would probably be cheaper if you don't answer and just let them garnish."?? How's that for help.?? I never heard from Midland, just a call from the attorney and then this citation served.?? Should I try to google the Midland info and call them to see if this can be worked out or just keep plugging along in the court system??? I'm trying to keep this out??of my job's payroll department i.e. garnishment.????

Go to court if you can. sounds like that clerk is a real winner.

Guess what I got in the mail over the weekend? A form letter that has VALIDATION typed at the top of it, with all of the Midland Funding info on it. Eaton Group (the law firm) sent it Friday. Why would they attempt to validate after they filed a petition for "Request of Admission of Fact?" Does this sound like a legit validation? I checked my credit report and the cc debt in question has dropped off of my report. I've only got a couple of days to answer the petition. I don't mean to sound like a broken record, but I'm scared to death of the court system. If I miss crossing a "t" or dotting and "i".....I just don't want to miss anything when I answer. Do I have the right to know how much Midland purchased the debt for?

hiya--

I got your PM.....check your email on this.

Jon

Okay- help- I got the same citation today on an old cc that I closed. what steps did you take Los tin Louisiana

Okay- help- I got the same citation today on an old cc that I closed. what steps did you take Los tin Louisiana

I got scared, called a friend of mine who is an attorney. He helped me answer the petition. Eaton sent interrogatories for me to answer. Attorney told me this is just buying a little time. We will send them some documents asking for certain information....almost looks like the debt validation questions and go from there. I'll be praying for you too. I'm still scared stiff.

Hi,

Here is a thread on how to answer a summons.

Here is a good summary of the litigation process by a law firm.
"http://www.gianelli-law.com/article9-NTL-whathappens.html"