Please help!!!! Need some advice! Being sued by Midland?

[RW771]

Hi everyone,

I am trying to help my brother out and don't have a clue what to do. Last night he was served at his house by Midland, who bought his student loan debt from Wells Fargo. I don't know all the particulars yet, as my brother lives in another town and just texted me panicking this morning. I've heard about this company but have never dealt with them personally. I'm waiting for him to respond on how old the loan is to see if the SOL has expired or not and go from there.

What should we do from here? I've looked through some old messages here on the board dealing with this company but not finding much. Is there an order of events we should follow? He has to appear in 20 days and we just want to be as prepared as we can be. He can't afford an attorney right now, so he's just trying to get as informed as he can and show up and pray for the best. He doesn't have the $4700 they are suing him for, and I don't know if you would deal with them at this point in the game like you would other CA's.

Can anyone please help advise? TIA!

[GoodCredBen]

Midland is just a MONSTER..... i hate them....

i would have him call midland ASAP to see if they are willing to settle or make a payment arrangement, maybe the lawyer on the affidavit or summons? 

[Anonymous]

What was the DODF?

What state does he live in?

Is the amount on the suit for $4700?

[pizzadude]

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@Anonymous wrote:

What was the DODF?

What state does he live in?

Is the amount on the suit for $4700?

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+1.  You need to get this information first, before you talk to the CA.   First you need to find out if the debt is out of SOL, this debt would likely be categorized as a written contract. 

[GoodCredBen]

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@pizzadude wrote:

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@Anonymous wrote:

What was the DODF?

What state does he live in?

Is the amount on the suit for $4700?

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+1.  You need to get this information first, before you talk to the CA.   First you need to find out if the debt is out of SOL, this debt would likely be categorized as a written contract. 

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+1+1

I assumed that they knew this x.x

i just assumed ... and well, you know the saying

[RW771]

Thanks for the replies. I'm still waiting to hear back from my brother on how old this debt is. Do you take the date it was turned over to Midland or the date the loan first became delinquent?

I still haven't seen the paperwork either, so not sure what all it says or contact info.

Hoping the SOL has expired so that all he has to do is show up and use this as his defense. We live in TX so I believe the SOL is 3 yrs if I'm not mistaken.  

[Anonymous]

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@RW771 wrote:

Thanks for the replies. I'm still waiting to hear back from my brother on how old this debt is. Do you take the date it was turned over to Midland or the date the loan first became delinquent?

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The SOL & credit reporting fall off dates will begin the day of the first delinquency.

[pizzadude]

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@RW771 wrote:

Thanks for the replies. I'm still waiting to hear back from my brother on how old this debt is. Do you take the date it was turned over to Midland or the date the loan first became delinquent?

I still haven't seen the paperwork either, so not sure what all it says or contact info.

Hoping the SOL has expired so that all he has to do is show up and use this as his defense. We live in TX so I believe the SOL is 3 yrs if I'm not mistaken.  

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I did a quick search via the interwebs and SOL in Texas appears to be 4 years.

[RobertEG]

You might be able to buy a little time and delay the trial by reviewing the debt collection practices of the debt collector.

First, take a look at the DV process.  Did he receive proper dunning notice, and if so, did he DV the debt collector?

Has debt verification been provided?  Many courts will delay trial if DV has been timely requested and not provided.

If trial proceeds as scheduled and you feel that he has a valid SOL defense, make sure to show up in court with documentation of the date that began running of the SOL.  In most states, that will be the same as the DOFD. 

In the interim, trial may be averted if he can reach a pre-trial settlement agreement.  Is he willing to negotiate?

If all else fails, make sure he brings a financial accounting to court.  Should the plaintiff prevail and ask for an order of satisfaction of the debt, he will need to show the judge his ability to pay.

[dharalex]

I would advise you to contact them asap to make a payment arrangement if this was indeed a student loan. Student loans have no SOL and they cannot be erased by bankruptcy.