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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.
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?
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?
3) Someone PLEASE tell me where I go from here. How do I respond to the summons, this is a first for me
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.
I appreciate any and all advice you ladies and gents can offer. Thanks in advance.
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.
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?
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?
3) Someone PLEASE tell me where I go from here. How do I respond to the summons, this is a first for me
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.
I appreciate any and all advice you ladies and gents can offer. Thanks in advance.
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.
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?
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?
3) Someone PLEASE tell me where I go from here. How do I respond to the summons, this is a first for me
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.
I appreciate any and all advice you ladies and gents can offer. Thanks in advance.
Make sure you show for your court date!!
What state are you in now? What is the SOL?
Make sure to keep up with your paperwork for the DV you sent in Feb they did not respond to.
I wish I could help more.
Atryxia wrote:
There is not court date listed....its just asking for me to respond within 20 days to the complaint.
I now live in Minnesota...SOL is 6 years.
And no, I have no money to settle
First thing, I would call the court house and see what is required to respond. It looks like in either state, they are still within SOL.
I would do your best to raise the money to keep a judgement from being entered. That will hurt alot worse than the charge off.
Sorry this has happened.
Atryxia,
You have to respond to the complaint and summons by the return date. Whatever your answer is as to why the debt had not been paid, you need to state that in your answer. Provide a copy of the letter you sent back in February showing the court you tried to make good on the debt, and that the plaintiff refused to respond to your inquiries. If there is anything else you can provide to help your case, make sure you include it when you answer. Unfortunately, there may be a judgment against you and you will have to make weekly, bi-weekly or monthly payments to the plaintiff. This judgment will definitely go on your CR. Best case scenario is that the court doesn't find you liable for the debt (which I HIGHLY doubt) and rule in your favor. In which case the debt goes away and it does not reflect on your CR. But, you MUST respond to the complaint or the plaintiff will get a default judgment against you. Because of this, you may be ordered to make payments that you simply cannot afford, and most courts will charge a fee to reopen a case so that you can have the order amended.
And yes, your letter is where they got your new address.
Best of luck!
You have to respond to the complaint and summons by the return date. Whatever your answer is as to why the debt had not been paid, you need to state that in your answer. Provide a copy of the letter you sent back in February showing the court you tried to make good on the debt, and that the plaintiff refused to respond to your inquiries. If there is anything else you can provide to help your case, make sure you include it when you answer. Unfortunately, there may be a judgment against you and you will have to make weekly, bi-weekly or monthly payments to the plaintiff. This judgment will definitely go on your CR. Best case scenario is that the court doesn't find you liable for the debt (which I HIGHLY doubt) and rule in your favor. In which case the debt goes away and it does not reflect on your CR. But, you MUST respond to the complaint or the plaintiff will get a default judgment against you. Because of this, you may be ordered to make payments that you simply cannot afford, and most courts will charge a fee to reopen a case so that you can have the order amended.
And yes, your letter is where they got your new address.
Best of luck!
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