I'm Being Sued By Midland

[icepeck]

I am being sued by midland. I need help in responding to the summon. The only document added to the summon letter and petition for indebtedness is the affidavit of indebtedness. Thank you.  Bellow is the copy of the  affidavit and petition for indebtedness

Affidavit of indebtedness

         ModCut, certifies and says:

1.   I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all rights title and interest to defendant's GE CAPITAL RETAIL BANK account XXXXXXXXX (MCM number XXXXXXXX) ( hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff's behalf.

2.   I am familiar with and trained on manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded or data compilation, or for a person with knowledge to transmit information therefor to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following:

3.   MCM's records show that the defendant(s) owed a balance of $1815 as of 2014-03-05.

4.   On or about 2013-08-28, MIDLAND FUNDING LLC became the successor in interest to this account.

5.     Based upon my review of MCM's business records: 1) defedant(s) opened account with GE CAPITAL RETAIL BANK on 2010-08-19; 2) the last payment posted to the account on 2012-02-24; and 3) the account was charged off 2012-10-21.

6.   If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein.

             I certify under penalty of perjury that the foregoing statements are true and correct.

PETITION FOR INDEBTEDNESS

COME NOW the plaintiff and for cause of action against the Defendant alleges and states:

1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid. If you notify this law firm, Love, Beal and Nixon, P.C., in writing, within the 30 day period, That the debt, or any portion thereof, is disputed, our law firm, Love, Beal and Nixon, P.C., will obtain verification of the debt and a mail the copy of the verification to you. Upon your written request within the 30 day period, our law firm, Love, Beal and Nixon, P.C., will also provide you with name and the address of the original creditor,if different from the current creditor.This is a communication from a dept collector. This communication is an attempt to collect a dept and any information obtained from this communication will be used for that purpose. 

2. GE Capital Retail Bank, provided credit to the defendant on a written credit card account with an  account number of xxxxxxxxxxx. This indebtedness arising therefrom has been duly assigned to MIDLAND FUNDING LLC,  , plaintiff herein. The Defendant defaulted from the obligation required under the contract.

3.After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $1815. An affidavit of an account or contract is attached and incorporated by reference..

WHEREFORE, Plaintiff plays for judgement against the defendant in the sum of $1815, all cour cost and reasonable attorneys fee, and for such other and further relief as to this court may seem equitable, just and proper.

~edited to remove personal information, ~pizzadude, myFICO moderator

[icepeck]

Please I need ideas on how to respond to this summon. i know we have lots of experience members here that can help with this case. Thank you

[pizzadude]

The first thing you should look at is if you are within the statute of limitations for your state.    This looks like a credit card account, which is typically considered an Open Account.

Also, I edited your initial post to remove personal information, please don't post names & address.

[icepeck]

Yes the account is within SOL. 

[pizzadude]

Are you in a position to be able to setup a payment plan?   The last thing you want is a default judgment which might allow them to garnish from your bank account / wages.

I'd recommend getting an initial consultation with an attorney to determine how you should respond.

[icepeck]

No I can't setup up any payment plan now.  I work part time and in school. 

[pizzadude]

Well you'll need to file some type of response.    I'd really recommend talking with an attorney.

[icepeck]

Most attorneys I talked to want payment of $300 or more.  I have read that, most collection agencies don't have most enough information to sue so I'm trying to see if I can get them to drop the case. Most of the members here have done it.  I want to respond with debt validation letter then follow with motion to dismiss bass on the information they provide if in case they did not provide enough info. working on the respond letter now. But if you have a good sample too, please you can share wih me.  Thank you

[coterotie]

This appears to be pretty well done by MCM.

I would say you have two choices:

1. Find a way to beg plead whatever you have to do to get them to accept 25 or 50/month.  Then come up with the money even if you have to sell plasma to do it.
2. Let them get a judgment which may preclude you getting a job in the field you are getting an education in.  As an example, my wife's hospital won't hire an orderly or a nurse with an unsatisfied judgement.  If you can't get a job cleaning bedpans with a judgement....

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@icepeck wrote:

No I can't setup up any payment plan now.  I work part time and in school. 

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[RobertEG]

The second part of their letter is the standard dunning notice.

Yes, you can request debt validation.  However, that may not provide any additional evidence.

The DV process does not specifically require accompanying proofs as a part of adequate verification.

You may not receive any additional hard documentation or evidence via the DV process.

They may withhold further documents until compelled by the court to do so as part of the legal action.

That is what the pre-trial discovery process addresses.

I would strongly suggest securing an attorney to deal with any issues of documentation, either as part of the debt validation in response to your DV, or as part of pre-trial discovery.  You are venturing into a marass of potential legal issues.