topic Re: Is Midland suing, or trying to scare me? in Rebuilding Your Credit

Is Midland suing, or trying to scare me?

amandak1026 — Fri, 17 Jun 2016 14:09:20 GMT

Wednesday afternoon there was a knock at my door, and some dude in a t-shirt and jeans driving a beatup pickup on my doorstep. He said he had some papers for me, I signed for them, and it's a "summons" from Midland (or really an attorney for Midland) that says, in big, bold, capital letters, You are being sued."

It goes on to say that I shouldn't throw this paper away and that I need to respond "even though this may not be filed with the Court and there may be no Court file on these documents." There is no file number on it, it doesn't say which court, it doesn't give a date for which I am to appear in court. It lists a debt from 2011 that they bought in 2015. It says I may want to get a lawyer.

After panicking for awhile (which I'm sure is what they intended for me to do), I did some research on how to repsond to a summons and found a great article with great advice and also a note to beware bogus letters.

"Beware of bogus letters! Unscrupulous collection agents send consumers letters that look like court documents and use the words “Summons” or “Complaint” in their headlines. These letters may be fakes designed to frighten consumers into paying a debt. Review your document carefully. It is probably a summons if:

• A process server delivered it (not required in all states)

• It says when you are scheduled to appear in court

• It says which court will hear the case

• The court clerk verifies the case is authentic • Your local court’s Web site lists the case

If, however, the document has a disclaimer saying it is an effort to collect a debt, then it is not a summons."

I was served the papers, however none of those other things are listed in the documents, and on the second page, under the lawyer's stamp, it says, "This communication is from a debt collector and is an attempt to collect a debt. any information obtained will be used for that purpose."

According to the papers, I have 20 days to respond. I do NOT want a judgement on my credit, i've worked hard to prevent that from happening and I've gotten my scores up to 650 through a lot of hard work, I do NOT want this to ruin it. This is my debt and I'm not disputing it, but I certainly don't have $2500 to hand over to them and if this is just some scare tactic to get me to give them my checking account info, I don't want to fall for it.

Is this really a summons to appear in court? What should I do?

Re: Is Midland suing, or trying to scare me?

Anonymous — Fri, 17 Jun 2016 14:28:39 GMT

I was "served" with papers from a CA. I called them immediately and set up a payment plan since I could not afford the $3600 in one lump sum. Part of the deal that was laid out in the paperwork was that they would not file the judgement so long as I made all the payments on time. This is more than a scare tactic. Good luck.

Re: Is Midland suing, or trying to scare me?

Anonymous — Fri, 17 Jun 2016 15:15:21 GMT

Is this really a summons to appear in court?

No. It is, as you've guessed, a letter intended to trick you into thinking they've sued, and to get you to contact them to pay the debt.

If your debt is out of statute of limitations in your state, they cannot sue even if they want to. A debt from 2011 is out of statute of limitations in many states.

A real court summons always has the things listed on that website you found.

It will clearly state at the top "citation" or "summons" - depending on which term your local courts use.

It will have the court information - which county/parish/district, which court number, and what the case/cause number is and when it was filed.

It will clearly say something like "Midland Financial Services, LLC v. John Smith."

It will clearly give you a return date - the date by which an answer is due to the court - which varies by jurisdiction but may be anywhere from 10 days to 30 days in most cases. It will say something like "an answer must be filed no later than XX days from the date you received this citation/summons." Since you cannot file an answer if you do not know what court to file it with, the fact that this information is missing from yours is just another indication that it is false.

Yours is a carefully crafted collection letter made to look enough like a real court citation/summons to fool people and cause at least some of them to call in and make payments. While you still owe the debt (assuming it is yours to begin with), they have not sued you.

A company can hire a process server to do many things, but legitimate ones will not deliver this kind of document. That doesn't mean that the company can't get someone to deliver it - courts require process servers to be certified/licensed in most states, but a guy knocking on your doot and handing you papers isn't necessarily a "real" process server. He's a guy paid by Midland to deliver these things. A real process server will fill out a "return of service" document/affidavit and that will eventually be filed with the court to show that the defendant was served. Since there isn't a case to file into, in your case, it doesn't matter who delivered it.

Re: Is Midland suing, or trying to scare me?

RonM21 — Fri, 17 Jun 2016 16:16:38 GMT

Hard not to agree that it is a scare tactic. The SOL is a key here because of it is outside of that, they really can't do much.

Re: Is Midland suing, or trying to scare me?

RobertEG — Fri, 17 Jun 2016 18:05:10 GMT

"You are being sued" is clearly a false representation if they have not done so.

They are, in my opinion, in violation of the FDCPA based on false representations.

Pick and choose your asserted violation, each of which entitles you to statutory damages of $1,000.

I would also suggest sending an immediate complaint to the CFPB.

"FDCPA 807. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this subchapter.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process."

Re: Is Midland suing, or trying to scare me?

Anonymous — Sat, 18 Jun 2016 18:09:49 GMT

Midland did in fact do the same thing to me. If it was a civil warrant and it has a court date, it's legit. That was the toughest one for me to settle with. Midland did it through an attorney's office. So I had to settle with the attorney, which was about 65 cents on the dollar. All my fault, so it was what it was.

Re: Is Midland suing, or trying to scare me?

Anonymous — Tue, 21 Jun 2016 02:53:36 GMT

@amandak1026 wrote:
Wednesday afternoon there was a knock at my door, and some dude in a t-shirt and jeans driving a beatup pickup on my doorstep. He said he had some papers for me, I signed for them, and it's a "summons" from Midland (or really an attorney for Midland) that says, in big, bold, capital letters, You are being sued."

It goes on to say that I shouldn't throw this paper away and that I need to respond "even though this may not be filed with the Court and there may be no Court file on these documents." There is no file number on it, it doesn't say which court, it doesn't give a date for which I am to appear in court. It lists a debt from 2011 that they bought in 2015. It says I may want to get a lawyer.

After panicking for awhile (which I'm sure is what they intended for me to do), I did some research on how to repsond to a summons and found a great article with great advice and also a note to beware bogus letters.

"Beware of bogus letters! Unscrupulous collection agents send consumers letters that look like court documents and use the words “Summons” or “Complaint” in their headlines. These letters may be fakes designed to frighten consumers into paying a debt. Review your document carefully. It is probably a summons if:
• A process server delivered it (not required in all states)
• It says when you are scheduled to appear in court
• It says which court will hear the case
• The court clerk verifies the case is authentic • Your local court’s Web site lists the case
If, however, the document has a disclaimer saying it is an effort to collect a debt, then it is not a summons."

I was served the papers, however none of those other things are listed in the documents, and on the second page, under the lawyer's stamp, it says, "This communication is from a debt collector and is an attempt to collect a debt. any information obtained will be used for that purpose."

According to the papers, I have 20 days to respond. I do NOT want a judgement on my credit, i've worked hard to prevent that from happening and I've gotten my scores up to 650 through a lot of hard work, I do NOT want this to ruin it. This is my debt and I'm not disputing it, but I certainly don't have $2500 to hand over to them and if this is just some scare tactic to get me to give them my checking account info, I don't want to fall for it.

Is this really a summons to appear in court? What should I do?

Heed RobertEG's advice. This is not a legit summons. I would send them an intent to sue letter, using Roberts response as a guideline, then file a complaint (lawsuit) against them in district court. Google "how to sue a collector and win" for advice on how to proceed. Put some of their money in your pocket for a change.

Re: Is Midland suing, or trying to scare me?

Anonymous — Tue, 21 Jun 2016 03:10:42 GMT

Norman is right. Mine had a docket number and a court date. All of which I verified with the court. Added to that, I receven multiple letters from local attorneys staying they were aware of the lawsuit and would represent me. Court filings are public record. It was easy for me to see that mine was legit.

Re: Is Midland suing, or trying to scare me?

AutoBot — Tue, 21 Jun 2016 11:33:44 GMT

Another low sleezy scare tactic used by bottom feeding junk debt buyers.

Re: Is Midland suing, or trying to scare me?

Anonymous — Tue, 21 Jun 2016 11:44:29 GMT

Midland buys the debt for 4 to 6 cents on the dollar. They partner with regional law firms for a 60/40 split (attorney getting 60). Attorney spends about $35 in filings and predetermined amount of time on each case. They only focus on near term SOLs. I have a friend that makes his living this way. It's very profitable, while being scummy at the same time.

Re: Is Midland suing, or trying to scare me?

amandak1026 — Tue, 05 Jul 2016 17:21:59 GMT

I"m about a year out from the SOL expiring, and they bought this debt in 2015, so what you're saying about it getting close to the SOL date is probably right on! Thanks for all the replies -- I'm 3 days away from the "respond in 20 days or else" time so I'm a little nervous, but from what you've all said, these guys are just scummy jerks and this is a scare tactic. Appreciate the help, and thanks for the advice, Robert!

Re: Is Midland suing, or trying to scare me?

amandak1026 — Tue, 05 Jul 2016 18:02:43 GMT

Ok, don't mind me, I'm just having a little bit of a panic attack because today is the day the 20 days are up. I'm looking at this "summons" again, and on it, it says, in bold s scary letters, YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. "You must send a copy of your Answer to the person who signed this Summons located at *lawfirm name and address*." and then YOU WILL LOSE YOUR CASE IF YOU DO NOT SENT A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.

Can anyone talk me off the ledge? lol I thought a legit summons would have you filing an answer with the court, or am I wrong?

This is what's got me freaked out:

"A summons served in Minnesota usually includes the language like “You are being sued” and “You will lose your case if you do not send a written response. . . ”

Do not take those words lightly. If you do not respond, the Plaintiff can get a default judgment—which means the case is over. If someone gets a judgment, they can garnish your bank account and garnish your wages. If you do nothing, you will lose the case."

Re: Is Midland suing, or trying to scare me?

RobertEG — Tue, 05 Jul 2016 18:15:37 GMT

Call the Office of the Clerk of the Court that has been identified in whatever papers you have.

Or better yet, go to the courhouse and review yourself.

They can tell you if you have a legitimate pending case, and if so, what response is required.

Deal directly with the clerk of the court........

Re: Is Midland suing, or trying to scare me?

amandak1026 — Tue, 05 Jul 2016 18:18:56 GMT

Thank you, Robert. None of that info is listed on the "summons" so I'll do some googling.

Re: Is Midland suing, or trying to scare me?

amandak1026 — Tue, 05 Jul 2016 19:19:14 GMT

OK one more thing, as I'm working on this Answer just in case I need to get it in the mail today.

The account they're suing me for is no longer on my credit report. It was there in 2014, but on my newest reports, from March of 2016, it is gone. Midland appears now, as of 2015, but there is no historical data at all. This is in my favor, correct? So if I deny everything on the summons except my name, I'm at least responding? (Apparently Minnesota has a thing called "pocket docket" and this is legit. I did call the court and there is no case filed yet, but I can't take any chances here.)

Re: Is Midland suing, or trying to scare me?

RobertEG — Tue, 05 Jul 2016 19:23:49 GMT

Whether or not your answer is adequate is something which would require legal advise from your attorney.

I would not rely upon advice from a public forum as to adequacy.

Of course, if there is no pending civil complaint, then it is moot.