Redline Recovery/Midland Funding Suing me over WAMU/Providian CC

Can anyone help? ????

What state do you live in?

I live in Indiana

I am not sure how I should handle this, I don't really want to go to court, but if I have to I will. Would setting up payment arrangements or a settlement be a smart choice on this.

There where merger talks for Chase buying out Washington Mutual if that helps.

OK have you responded to anything yet? Do you have to file an answer to the small claims suit? Neither confirm nor deny the debt. Go to court and ask for proof such as a signed contract or statements and such. Most likely they will not have any of this and you could very well win the case. You pretty much tell the judge you do not know what they are suing you for and want proof. Ask for proof of the amount you owe, how did they get this figure? did they bring proof or is it just in their head,,,,,,it needs to be on paper to make it in court, otherwise they will lose and most likely it should be with prejudice in small claims, not sure on your state.

If you fail to show up they will win and get your money. If you show up you have a 50-50 chance of winning and if they have nothing to back up their claim then you have a 90% chance of winning.

I myself would not arrange any agreement. Fight them in court and you have a better chance of winning. Plus the amount they are suing you for is probably more than what you owe. NO PROOF< NO PAYMENT!!!

Irish Pat has the right of it. While you're at it, you want to see some proof that this is actually your account. Maybe it is, but make them prove it anyway. If they're prepared, they should have something with your signature on it. You also want to see proof that they are authorized to collect on this account. Midland is scum, with a bad reputation for irregular documentation and shady dealing. Ask the court to require them to validate the debt during discovery. If they can't, then move to have the case dismissed with prejudice.

What exactly is discovery phase, I'm not exactly familiar

Depends on where you live. Some states do not allow discovery in small claims court. Discovery is the phase where (1) interrogatories; (2) motions or requests for production of documents; (3) requests for admissions; and (4) depositions are asked and exchanged for between the plaintiff and defendant before a trial. If discovery is not available then when you go to a small claims case each side states their case and the judge makes a decision on that, with a little more to it. Just because they say you owe money does not mean the judge will buy it. They still need to have some proof at the trial.

Also be sure to look out for a photocopy of a credit card agreement. If it does not have your signature a perfect defense to this is they can photocopy that 100 times and use it on many people so it in no way proves that you owe something.

Look out for the crappy credit card statements too, if it is not from the original creditor, deny. If it is just a computer printout, deny.

If they have an affidavit from someone who is not at the trial, deny. That person must be at the trial.

That is about all I can think of for now. It is not like on TV, you don't usually get to object in small claims court. One side speaks, then the other. Even if they lie, wait till it's your turn. Don't raise your hand. Watch a lot of Judge Judy to learn how it works.

Any questions, feel free to come back.

My court date is next Tuesday, and I am completely clueless on what I need to take to court/do in court to be successful in fighting this CA. Any assistance/advice would be greatly appreciated. Thanks!!

Anyone???