Midland Funding
Date: Mon, 07/26/2010 - 21:24
Hi, I am being sued for an old Citi bank credit card debt by Midland Funding. I was served a summons at my home. I answered the summons by filing a copy of a debt validation letter I sent to Midland within the 20 days. I received back from the attorney representing Midland a computer generated copy of a Citi Bank credit card statement with my name and old address at the top with the last activity on the statement dated 4/07 and it showed a small payment was made to the account 11/09. It does not indicate who made the payment. A telephonic statis conference was scheduled this afternoon between the judge, the attorney representing Midland and myself pro se. I called the judges office this morning to make sure they had my phone number. I did not receive the conference call. I assume the judge ran behind today. I plan to call the judges office in the morning to check on it. Will the judge reschedule the call between the attorney and I? I plan to dispute it based on there being no relationship between Midland and myself and they are not the original creditor. I don't know what I will need to file next with the court. Do I need to file my affirmative defenses now? Any help would be greatly appreciated. Thank you!
First, what state are you in? The rules that govern how a case
First, what state are you in? The rules that govern how a case proceeds are specific to each state and are contained in each state's civil procedure code.
Most states require that you file your affirmative defenses as soon as possible or they are lost.
In any state, whether your plan to dispute the debt because Midland is not the original creditor will not work if Midland has acquired the right to sue you from the original creditor. You should first find out how Midland is related to the OC first.
