Received summons from Midland...HELP!

[Anonymous]

Yes you can call them to try to settle out of court. I think it's too late for the stay off the phone warnings at this point.

[Uniqua]

Yes, you can call to negotiate a settlement. But you must realize that regardless if it makes it to court or not, it will still go on your CR. Unless you can get in writing from the plaintiff that they will not report the settlement upon PFD, you can be assured that it will definitely hit your CR sooner or later. But, it is worth a shot to go that route. Be pleasant. Let the attorney know that you had been trying to make good on the debt and was waiting to hear from the plaintiff. The attorney may be able to work something out for you.

Good luck!

[Anonymous]

Atryxia wrote:
Good evening all,

I just (10 minutes ago) had a knock at my door and was handed a summons. The Plaintiff is Midland Funding LLC for a credit card debt in the amount of $980.00.

It basically says I have 20 days to serve upon the attorney for the Plaintiff an answer to the complaint and if I fail to do so, judgment by default will be taken against me.

You need to call the courthouse and ask how you are supposed to answer it.

This is the situation. This is for a credit card that I got back in March 2005 when I was living in North Carolina. To be honest, I'm not sure if the first payment was ever made as I was in the midst of a divorce at the time, and soon afterwards moved to another state. With that, the date it would have been first delinquent (DOFD) would have been April 2005. My credit report shows the DOLA was July 2005. The SOL for North Carolina (where I lived at the time the account was opened) is 3 years.

1) How do THEY determine the DOLA? If I got the card in March 2005 and never sent a payment, what defines "activity"? Activity from them or activity from me?

Depending on state law, DOLA could be last date you paid or last date you used the card.

2) Am I right in stating I fall under the SOL for North Carolina even though I no longer live there, but I did at the time the account was opened?

They can use the SOL for the state it was opened in OR the state you live in now.

3) Someone PLEASE tell me where I go from here. How do I respond to the summons, this is a first for me

The courthouse can tell you.

4) I sent a DV Letter to Midland on February 28, 2008 and never received ANY response from them whatsoever. I am willing to bet that they were able to get my new address from my letter since it hasn't been updated on any of my credit reports yet.

Not to rub salt in the wound, but this is why you don't DV/PFD/GW/ anything until you are PAST SOL. There is a chance that this would have slipped by without them realizing SOL was about to expire.

I appreciate any and all advice you ladies and gents can offer. Thanks in advance.

If they can not validate, they could be suing in hopes you won't appear. Make them prove it is your debt and they have the right to collect in your state.

 Someone else may now, of you might start another thread or search the forums but I  THINK filing in court is considered "collection activity" which they are supposed to cease until they validate if you request validation.

Maybe start a thread  --  Is filing in court 'collection activity'?

Message Edited by sidewinder on 04-30-2008 06:55 PM

[Anonymous]

Midland is the original creditor, right? (Midland Bank)  If that is the case, the FDCPA does not require the debt to be validated. 

Whenever possible, always read federal and state statutes yourself.  If you are not comfortable with doing that, then you are probably better off seeking advice from an attorney.

[Anonymous]

In this case it's Midland funding LLC, a Collection Agency.

[Anonymous]

The original creditor was Household Bank. Midland Funding LLC bought the account I'm assuming. Now, in trying to negotiate a settlement (possibly a PFD or some sort of payment plan) do I contact Midland or the attorney's office representing them??

[Anonymous]

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Atryxia wrote:
The original creditor was Household Bank. Midland Funding LLC bought the account I'm assuming. Now, in trying to negotiate a settlement (possibly a PFD or some sort of payment plan) do I contact Midland or the attorney's office representing them??

---

It is important to know for sure. If they do not own the account, they can not sue. You can call the OC and ask if they sold or assigned the debt.

You will probably need to contact the lawyers.

[FretlessMayhem]

I think you are taking steps in the right direction.

When I was young and dumb I got a judgement entered against me and it showed on my CRs. It completely ruined my life until I managed to dispute it off back in November.