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Valued Member
ALD22
Posts: 34
Registered: ‎10-02-2012

Being sued by midland

Just got served papers yesterday from midland. I've been sending DV's for months now and they would just send me letters asking for my information to validate the debt. I don't know what to do at this point, do I go to court? Or try to settle? I'm terrified of going to court.

Senior Contributor
DaBears
Posts: 3,923
Registered: ‎10-26-2012

Re: Being sued by midland

Call the court clerk to verify with them first before doing anything else. It might be just a scare tatic.

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Valued Contributor
starry1
Posts: 2,071
Registered: ‎11-29-2012

Re: Being sued by midland

You go to court and show the judge all the letters where you requested validation and they never sent it.

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Regular Contributor
mahiven
Posts: 176
Registered: ‎04-19-2011

Re: Being sued by midland


starry1 wrote:
You go to court and show the judge all the letters where you requested validation and they never sent it.

^^^ What he said. ^^^   I am pretty sure I am going to get sued for a $3800 debt I owe. The OC sent me to collections. I received one letter and one phone call every day. I sent them a DV. The phone calls stopped. I got the DV in the mail. I got a phone call from the CA and I told them I would like to keep everything in writing and assured them I was willing to work with them to resolve the debt. I wrote them a letter in early January asking for settlement amounts or payment options. I heard nothing. I sent the letter again in february, heard nothing. I am about to send the letter AGAIN, via certified mail. If they try to sue me for it, the only ground I will have to stand on is all of these letters I have sent asking for payment options or settlement amounts and the lack of response I have gotten.

 

You owe the debt. You're owning it. You wont to pay it (or at least SOMETHING) and they're not working with you. Theres not much else you can do. My letter basically says: "You want money. I want to give you money to make this go away. Let's meet in the middle or come to terms. You make the first offer, I'm listening." Does that sound like a letter someone would send if they were trying to sweep this under the rug? Nope.

 

If you want to be bold, counter-sue them. Here in AZ you can sue in small claims for up-to $10,000 and it costs minimal. If these people sue me, I will counter-sue them. Fight fire with fire.



03/19/2011 EQ: 627 EX: 602 TU 590 (lender pull) 07/16/2011 EQ: 646 EX: 629 TU 647 Fell off the wagon in 2012. Starting over in 2013.Current Score: 01/07/2013 EQ: 646 EX: ??? TU 608 Goal Score: 700 club

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Shogun
Posts: 12,896
Registered: ‎04-15-2011

Re: Being sued by midland

If you got served papers from Midland, you are being sued and you should show up to court.  If you have access to legal then I would call them.   My personal opinion on the matter.  If the debt is yours or you don't have concrete evidence against their claim, I'd try to settle before it goes to court.  


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Valued Member
ALD22
Posts: 34
Registered: ‎10-02-2012

Re: Being sued by midland

It is my debt, and I did try to set up a payment plan with them at one point but the never took the payments from my account. I signed up with lexington law and they sent DV letters and midland would just come back asking me for more information. The original debt was $959, so I'm thinking I may just settle rather than spend 1000's on an attorney. Although I hate to see midland get away with this if they can even validate that they own the debt.

Regular Contributor
mahiven
Posts: 176
Registered: ‎04-19-2011

Re: Being sued by midland

Who was the OC? I am surprised they would sue for such a small amount. You could contact them and offer payments. If you can afford to do the whole amount upfront, you could even try PFD.



03/19/2011 EQ: 627 EX: 602 TU 590 (lender pull) 07/16/2011 EQ: 646 EX: 629 TU 647 Fell off the wagon in 2012. Starting over in 2013.Current Score: 01/07/2013 EQ: 646 EX: ??? TU 608 Goal Score: 700 club

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Regular Contributor
Bleety17
Posts: 169
Registered: ‎06-24-2011

Re: Being sued by midland

I would call midland and set up a settlement. I am being sued as well. I called and set up a settlement and as long as i pay by feb 28th they wont go through with the judgement.

 

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Regular Contributor
mahiven
Posts: 176
Registered: ‎04-19-2011

Re: Being sued by midland


Bleety17 wrote:

I would call midland and set up a settlement. I am being sued as well. I called and set up a settlement and as long as i pay by feb 28th they wont go through with the judgement.

 


How much are they suing you for?



03/19/2011 EQ: 627 EX: 602 TU 590 (lender pull) 07/16/2011 EQ: 646 EX: 629 TU 647 Fell off the wagon in 2012. Starting over in 2013.Current Score: 01/07/2013 EQ: 646 EX: ??? TU 608 Goal Score: 700 club

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Valued Member
ALD22
Posts: 34
Registered: ‎10-02-2012

Re: Being sued by midland

The OC was credit one bank.


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