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Today I received a letter in the mail from a local lawyer. It was and advertisment offering his services noting that "Court records show that there might be a lawsuit filed against you." I looked up my name on my county court website and found...
FILING DATE: 03/24/2014
FILING TYPE: SMALL CLAIMS > $500 - $1,500
PLANTIFF: MIDLAND FUNDING LLC
Then under Event Date it shows: 04/24/2014, 9:00am, TYPE: RETURN - SUMMONS
Under Summons Service Date it is blank. I have not received a summons yet.
This is already on my credit from First Premier Bank & Midland (It was Asset Acceptance but they must have sold the debt to Midland). Amount Owed: $849. There must be interest/fees added to that since the credit limit was only $625. I was laid off for 18 months in 2009-2010 so this was a result.
Last Payment Made: 11/2009
Date Closed: 03/2010
Per TransUnion: Estimated month and year that this item will be removed: 11/2016
Per EQ: DoFD: 1/2010
I can likely scrape together the $849. What should I do? What should I not do? What does the Event Date (TYPE: RETURN - SUMMONS) mean?
Having not received a summons yet is there anything I can do to avoid having something new on my credit report (judgement?)
Thanks in advance for all of your help!
I would call the court directly and see if you have a case scheduled. Every state is different in how "service" occurs. In my state a creditor can send a notice via regular mail and you are considered served, even if you don't live there. This happened to me last year when the hospital's attorney filed against me, sent the notice to my old address that I had moved from the previous year. Since I never received the notice I did not appear and a default judgment was entered against me last year. I found out about it when I got a ScoreWatch alert. I have an appointment with an attorney tomorrow to see about it being vacated.
If you can get the funds together, I would pay it off before you get served/scheduled for court. Trust me, you do not want to be in judgment land.
CC debt in IL falls under a 5 year or 10 year SOL. An IL Appellate Court ruled 5 years but any judge can rule differently.
Either way, it is still within the state SOL and I would try to settle before court; Making absolutely sure they drop the case and you get that in writing.
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So I should not wait for a summons? If I have the money to pay it in full I should just contact the collection agency and make payment?
I'd try my best to settle before the summons, if possible. Getting everything in writing if paid the summons will be vacated. Good luck
I've always read not to contact a collection agency via phone. Any suggestions as to how to make payment on this?