Reply
Valued Member
Posts: 34
Registered: ‎10-02-2012
0

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
Posts: 3,930
Registered: ‎10-26-2012
0

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.

Community Leader
Valued Contributor
Posts: 2,402
Registered: ‎11-29-2012
0

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.

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 1/22/15 TU 645; EQ 605; EX 633 Goal Score:
 625 for now– New goal 675
Cap1 sec $1k (SD) / Fingerhut $2k / Flagship $12k / cashRewards $12k / NavChek $15k / Amazon $2k / Von Maur $1k / Firestone $2.2k / BCU $3k / NFL $1k / QS1 $750 / Target $400 / PPSC $800 / Conoco $700 (last app 09/29/14)
Regular Contributor
Posts: 176
Registered: ‎04-19-2011
0

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

Take the FICO Fitness Challenge
Moderator
Posts: 13,611
Registered: ‎04-15-2011
0

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.  



Starting Score: 504




July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Valued Member
Posts: 34
Registered: ‎10-02-2012
0

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
Posts: 176
Registered: ‎04-19-2011
0

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

Take the FICO Fitness Challenge
Regular Contributor
Posts: 170
Registered: ‎06-24-2011
0

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.

 

USAA Mastercard-$2000 USAA Visa-$2000 USAA SC-$500 NFCU-$12500 Walmart-$800 BestBuy $1000 Navcheck 3000



2-4-14 Gardening
Regular Contributor
Posts: 176
Registered: ‎04-19-2011
0

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

Take the FICO Fitness Challenge
Valued Member
Posts: 34
Registered: ‎10-02-2012
0

Re: Being sued by midland

The OC was credit one bank.

Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.