04-30-2008 05:33 PM
04-30-2008 05:37 PM
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.
04-30-2008 05:44 PM
04-30-2008 05:47 PM
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
04-30-2008 05:51 PM
04-30-2008 05:52 PM
04-30-2008 05:54 PM
04-30-2008 05:57 PM - edited 04-30-2008 05:59 PM
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