need help with this summons
Date: Sat, 07/30/2011 - 20:22
No Request will be made to the court for a Judgment in this case untill the expiration of 35 days after your receipt of this Petition and Summons. If you Dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with the receipt of the petition and summons, all collection efforts including our preceding with this lawsuit, will cease untill we respond as required by law.
What does that mean, I know I have not disputed the debt with anyone. so what do I do? do I send a letter saying that I dispute this to the attny's office that filed this or do I send it to the clerks office, or both, so what should I do.
should I call them and see if they make a payment arrangement?
How do I fill one of these things out? it has three items under the petition for indebtedness
1. Unless you within 30 days after reccipt of this notice, disputes the validity of the debt, or any portion thereof will assume the debt is vaild. if you notify this law firm, ________ __ and ____, _____ in writing within 30 days period , that the debt or any portion thereof is disputed.....just like one of those collection letters people get
2 Bank of America, provided credit to the defendant on a written credit card account, the indebtedness arising therefrom has been duly assigned to midland funding llc, plaintiff herein. the defendant defaulted on the obligations required under the contract.
3. after all applicable credits, the defendant remains indebted to the plaintiff in the amount of 3,601.73
WHEREFORE, Plaintiff prays for Judgment against the defendant in the sum of 3,601.73 with interest at the statutory rate from the date of judgment, all court cost, and a reasonable attny's fees, and for such other and further relief as to this Court may seem,
I don't know what to do, HELP ME!
They are apparently attempting to ensure that they have fully co
They are apparently attempting to ensure that they have fully complied with FDCPA 809(a) before date of trial.
A debt collector is required under FDCPA 809(a) to send you a formal collection (dunning) notice within 5-days of any initial communication with you, advising you that they are collecting the debt, tell you the name of the OC, the amount of the alleged debt, and give you a 30-day period in which to request debt validation. If you do dispute all or a portion of the debt within that 30-day portion, or request the name and address of the original creditor, then they must cease collection on the debt until they provide the requested debt validation. That is standard in any and all collections.
Apparently, in your case, they have never previously provided a dunning notice to you, and they dont want to get into court and have things delayed by their lack of prior dunning notice. So that is their dunning notice.
You respond to a dunning notice by direct reply to the debt collector, or in this case, since presented by their agent/attorney, directly to him.
I would request debt validation by stating that you dispute the amount of debt owed, and require them to itemize it. It is not a big deal. Simply send them a letter titled Request for Debt Validation under FDCPA 809(a).
In addition to this secondary issue, you have the right to file a reply to the summons. I advise that you secure legal counsel to assist with that matter, since they have apparently not yet validated the debt to you, and thus you may want to include other items in a pre-trial motion. By involvement in a legal action, you now have pre-trial discovery rights that are not available to you under the various admininistrative procedures set forth in the FCRA and FDCPA, and you want to ensure that you take advantage of those rights.
its funny cause I dont see where there is a trail date
its funny cause I dont see where there is a trail date
I sure anyone has felt like this, but I am too the point where I
I sure anyone has felt like this, but I am too the point where I just want to give up and say yes its my debt, and just be done with it.
I suggest that you at least schedule a consultation with an atto
I suggest that you at least schedule a consultation with an attorney before you proceed.
If you are willing to just pay the full amount, you can of course avoid having to involve the court.
hiya, Something really sticks out as strange here....namely, t
hiya,
Something really sticks out as strange here....namely, this:
Quote:
No Request will be made to the court for a Judgment in this case untill the expiration of 35 days after your receipt of this Petition and Summons. If you Dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with the receipt of the petition and summons, all collection efforts including our preceding with this lawsuit, will cease untill we respond as required by law. |
First, the law allows 30 days in which to dispute, not 35. Second, Midland isnt known for following the law, they certainly havent done so in my dealings with them. Third, and this is the big one....unless something has changed in the way Midland does things, they NEVER state that they will halt court proceedings if you request validation. It is a commonly known fact among people who deal with these situations that a DV letter will not stop a civil court case. In either event, this really might be nothing more than words, because they couldnt request a judgment against you until you have had time to respond to the summons anyways, so in the end it is basically a non-issue. I can only guess from this letter that your jurisdiction allows you 35 days from date of service in which to file your answer, do you know if thats the case?
OK, first things first--how were you served? Did a process server bring it, or was it in your mailbox? Let us know how this happened, this might not even be a real summons. I would definitely check with the court clerk's office in the county that they mention on the letter to verify that a suit has in fact been filed against you. Next, is the county where they filed suit the same as the county you live in? It needs to be--if it isnt, then you can file an answer moving for dismissal due to improper venue. I do not know about the case, so I cannot really say much in the way of how to answer at this point, but I do know that you need to answer the summons once you verify that it is legitimate.