Midland funding is taking me to court

[Anonymous]

I was served this weekend and have 20 days to respond. I know this debt is mine and was planning on paying it off in January. I had been building a snowball to pay it off and I didn't know that I would be getting this surprise.

I owe just under 500 dollars and am willing to pay it next week, within the 20 days. I just want to know the correct way to do this. I don't want to get an actual judgement against me and would prefer that this be dismissed entirely. I am hoping to negotiate to zero attorney fees and am not sure if I'm in a position to negotiate the actual dollar amount that I owe.

I appreciate any advice from members who have been in a similar situation.

[Anonymous]

Respond to the summons.  It should ask you for a response and then a court date will be set, usually not for a month or two depending on how busy your courts are.  As long as it is in before the deadline, you won't get a judgment *unless you do so and then don't pay or show up*.  That's a whole other issue.  

[Anonymous]

They took me to court several years ago here in Illinois. I showed up for court and asked the attorney to prove I owed the debt. He couldn’t!! I walked away with paperwork from the judge that basically deleted the debt.

The goal of Midland is for you to not go to court and they enter a default judgement against you. If it’s the last thing you do, GO! You’ll walk away very pleased!

[Anonymous]

Essentially this is what they are counting on. Most people are absolutely terrified by going to court and seeing a judge.  To a lawyer, it's literally another day at the office - so they are at ease and ready to go.  Your case may be your first time but it is by no means theirs.  The system is designed to intimidate you - and Midland knows it.  Every collections agency has figured this out and the whole system is designed to squeeze every last penny out of the consumer.  It is your credit and your livelihood on the line but to them you are a dollar amount and little more.  (I know this sounds extreme, but I would be surprised if anyone honestly said anything different if asked.) 

  But if you are going to play in their sandbox, you must be informed and prepared.  Or I should say well-informed and well-prepared. This includes making sure you show up for court dates and paperwork is on time.

[Anonymous]

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@Anonymous wrote:

I was served this weekend and have 20 days to respond. I know this debt is mine and was planning on paying it off in January. I had been building a snowball to pay it off and I didn't know that I would be getting this surprise.

I owe just under 500 dollars and am willing to pay it next week, within the 20 days. I just want to know the correct way to do this. I don't want to get an actual judgement against me and would prefer that this be dismissed entirely. I am hoping to negotiate to zero attorney fees and am not sure if I'm in a position to negotiate the actual dollar amount that I owe.

I appreciate any advice from members who have been in a similar situation.

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File a written "denial" answer with the court. This prevents Midland from getting a default judgment against you. Check the statute of limitations in your state just to make sure they can even sue you in the first place. After filing yor written answer contact Midland and negotiate a settlement. Then pay as agreed. Easy Peasy

[Anonymous]

Unfortunately, I live in a very creditor friendly state and they just recently, (March 2017) doubled the SOL for credit card debit from 3 years to 6 years. Do you happen to have an example of language that must be included in the "denial" answer? 

[Anonymous]

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@Anonymous wrote:

Unfortunately, I live in a very creditor friendly state and they just recently, (March 2017) doubled the SOL for credit card debit from 3 years to 6 years. Do you happen to have an example of language that must be included in the "denial" answer? 

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Did you get the language sample for the denial response?

[Anonymous]

I would advise you to hire an inexpensive attorney to get it filed. 

[Anonymous]

Quick Update: I called Midland and asked for a discounted rate, they wouldn't budge. The debt was around 500 and although to some that is not alot it is to me. I looked up the cost to file and serve in my state and it was going to cost me around 150 just to respond. I was too scared to try to fight it just to end up losing and inccurring more costs so I bit the bullet and paid it. I waited until they sent me a pay for deletion and court dismissal letter and then paid it. At first they were trying to screw me over and showed a balance of 100 dollars until I disputed the balance with each CB and submitted complaints anywhere I could. I then called my bank BOA and they were the ones who magically fixed it. I checked and within days of speaking to the bank they dismissed my case and deleted my collection accounts. The only bummer now is that my score only went up by a few points. 

Thank you to everyone who commented their advice although in the end I was too chicken to do it. It really helped fuel my fire to file complaints with everyone possible because I kept thinking, "I hope I didn't make the wrong choice". 

[kiea]

I had the same problem last year.  If you pay it before the court date they will drop the case.  Plus, they have a delete if paid policy.

If the debt is more than 2 years old based on time since the date of delinquency they will delete it from your credit reports.