got "served' by Midland Funding

[dmar725]

Hey all!

A few mornings ago, some guy showed up at my door, dressed in casual clothes, and said he had paperwork to serve to me. I said "ok" and took the paperwork and he said "are you (my name)?" and i said "yes" and he said "ok" and left. He didn't have me sign anything (which i have had to do in the past when i got served). ALSO, these court documents are photocopied, and in the past i was served with actual paperwork. It does have a stamp from the court clicrk and says it was assigned to a judge. And then it included an affidavit from somebody in the state of Minnesota? I live in Michigan, and always have...

I ignored a judgment (that looked a lot more official than this) a few years ago from Midland and they drained my bank account. i do NOT want that to happen again. This debt is a $2,200 debt and i dont have the money to pay it, nor do i have an acceptable amount to settle. Should i call them and set up payment arrangements? Should i contact the court to see if this is even a legit lawsuit? HELP

[RobertEG]

If you have any doubts, always contact the court and verify its legitimacy.

You can also inquire as to what was required to have been provided.

Settling before trial would avoid a judgment.

It is up to them as to whether to accept less or proceed to trial and obtain a judgment for the entire debt.

Offering a settlement based on inability to pay the entire amount may result in requests by them for some financial disclosure on our part, or they might simply wish to avoid pursuing a judgment that they may not be able to collect, and thus might wish to get you under a payment contract.

I would be leery of providing detailed financial information with a pending legal action against you.

If they do secure a judgment, that could come back to bite you if they thereafter pursue a motion to attach assets or garnish pay.

You might wish to consult an attorney if settlement negotiations become detailed.

[ezdriver]

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@dmar725 wrote:

Hey all!

A few mornings ago, some guy showed up at my door, dressed in casual clothes, and said he had paperwork to serve to me. I said "ok" and took the paperwork and he said "are you (my name)?" and i said "yes" and he said "ok" and left. He didn't have me sign anything (which i have had to do in the past when i got served). ALSO, these court documents are photocopied, and in the past i was served with actual paperwork. It does have a stamp from the court clicrk and says it was assigned to a judge. And then it included an affidavit from somebody in the state of Minnesota? I live in Michigan, and always have...

I ignored a judgment (that looked a lot more official than this) a few years ago from Midland and they drained my bank account. i do NOT want that to happen again. This debt is a $2,200 debt and i dont have the money to pay it, nor do i have an acceptable amount to settle. Should i call them and set up payment arrangements? Should i contact the court to see if this is even a legit lawsuit? HELP

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Try to work out a payment arrangement before the hearing date. If unsuccessful, go to the hearing prepared to offer a payment plan. It is Small Claims Court and very casual. The judge will often try to convince the creditor to accept any reasonable payment plan offered by the debtor. If both sides cannot come to an agreement, the judge will issue a judgement in favor of the creditor.

[dmar725]

I am considering hiring an attorney...I'm afraid that i'll pay the attorney $$$ and then end up losing and having the judgment against me anyway.

[ezdriver]

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@dmar725 wrote:

I am considering hiring an attorney...I'm afraid that i'll pay the attorney $$$ and then end up losing and having the judgment against me anyway.

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It is Small Claims Court and the $$ amount is also small. An attorney cannot do anything for you that you cannot do for yourself. If you have money to pay an attorney, use it to work out a settlement/payment plan instead.

[dmar725]

another question! If i want to try to work out a settlement plan with them, without going to court, do you suggest i do it over the phone or in writing?