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Is Midland suing, or trying to scare me?

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amandak1026
New Contributor

Re: Is Midland suing, or trying to scare me?

I"m about a year out from the SOL expiring, and they bought this debt in 2015, so what you're saying about it getting close to the SOL date is probably right on! Thanks for all the replies -- I'm 3 days away from  the "respond in 20 days or else" time so I'm a little nervous, but from what you've all said, these guys are just scummy jerks and this is a scare tactic. Appreciate the help, and thanks for the advice, Robert! 

Message 11 of 16
amandak1026
New Contributor

Re: Is Midland suing, or trying to scare me?

Ok, don't mind me, I'm just having a little bit of a panic attack because today is the day the 20 days are up.  I'm looking at this "summons" again, and on it, it says, in bold s scary letters, YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. "You must send a copy of your Answer to the person who signed this Summons located at *lawfirm name and address*." and then YOU WILL LOSE YOUR CASE IF YOU DO NOT SENT A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.

 

Can anyone talk me off the ledge? lol I thought a legit summons would have you filing an answer with the court, or am I wrong?  

 

This is what's got me freaked out:

 

"A summons served in Minnesota usually includes the language like “You are being sued” and “You will lose your case if you do not send a written response. . . ”

Do not take those words lightly. If you do not respond, the Plaintiff can get a default judgment—which means the case is over. If someone gets a judgment, they can garnish your bank account and garnish your wages. If you do nothing, you will lose the case."

 

 

 

 

Message 12 of 16
RobertEG
Legendary Contributor

Re: Is Midland suing, or trying to scare me?

Call the Office of the Clerk of the Court that has been identified in whatever papers you have.

Or better yet, go to the courhouse and review yourself.

 

They can tell you if you have a legitimate pending case, and if so, what response is required.

Deal directly with the clerk of the court........

Message 13 of 16
amandak1026
New Contributor

Re: Is Midland suing, or trying to scare me?

Thank you, Robert. None of that info is listed on the "summons" so I'll do some googling.

Message 14 of 16
amandak1026
New Contributor

Re: Is Midland suing, or trying to scare me?

OK one more thing, as I'm working on this Answer just in case I need to get it in the mail today.  

 

The account they're suing me for is no longer on my credit report. It was there in 2014, but on my newest reports, from March of  2016, it is gone. Midland appears now, as of 2015, but there is no historical data at all. This is in my favor, correct? So if I deny everything on the summons except my name, I'm at least responding? (Apparently Minnesota has a thing called "pocket docket" and this is legit. I did call the court and there is no case filed yet, but I can't take any chances here.)

Message 15 of 16
RobertEG
Legendary Contributor

Re: Is Midland suing, or trying to scare me?

Whether or not your answer is adequate is something which would require legal advise from your attorney.

I would not rely upon advice from a public forum as to adequacy.

 

Of course, if there is no pending civil complaint, then it is moot.

Message 16 of 16
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