Possibly Being Sued By Midland

GameMaster1564 · ‎07-06-2015

I have received one of those "attorney for hire" letters in the mail stating that a lawsuit has been filed against me with a case number. That is the only piece of information I received about this. I checked the case number online and it states it was filed on June 24, 2015. As of 7-6-2015, I have not received any summons notice or anything else in this matter. I have never been sued and I do not fully understand how the courts work in this situation and what should I do to resolve this.

To make things easier, I have supplied the basic questions and answers below.

1. What state are you in?

Tennessee

2. Is the debt in SOL?

Yes, as TN is 6 years, and the debt was charged off in Sep 2012

3. Is the debt on your credit report and any errors?
Yes, and it looks like it is reporting correctly on all three. (Last checked in April via annual credit report)

4. How much was the debt for?

$1192 when charged from OC, now at $1226

4: The debt was not originally purchased from the Original Creditor (which was HSBC, before Cap One bought them). It was purchased from another collector, then sold to Midland. Does this have a stance?

5. I cannot afford payment in full, but I am willing to work on a $200/month payment plan if all else fails.

Sorry for the long post, I really want this matter resolved

Anonymous · ‎07-06-2015

Some things you should do:

Go to the courthouse and get all paperwork on the case and see if a proof of service has been filed.

Research the law in TN for service requirements and determine if the requirements have been met (if a proof of service has been filed).

Read the E-book "Defending Junk Debt Lawsuits" (google the title) to get an idea of how it works and what strategies are possible should you choose to defend yourself.

If you have no problem paying the debt, tell them so, and make payment arrangements before any judgement is entered. Make sure you can keep up with the payments. $200 a month is a reasonable payback on a $1200 debt, it will be paid in 6 months.

GameMaster1564 · ‎07-18-2015

Update on this thread:

I have read the entire ebook and I also have read various information around the web and learned alot. Now I am no longer scared and I cant wait to get at these JDB clowns and prove them wrong.

The only problem is that I still have not been served, either in person or in mail. The filling of the lawsuit was on June 26, and as of July 18, NOTHING. Should I have received anything by now? Should I wait two more weeks and if nothing can I file a "Improper servive" or "Motion to Dismiss"?

Thanks for all the help

gdale6 · ‎07-18-2015

@GameMaster1564 wrote:
Update on this thread:

I have read the entire ebook and I also have read various information around the web and learned alot. Now I am no longer scared and I cant wait to get at these JDB clowns and prove them wrong.

The only problem is that I still have not been served, either in person or in mail. The filling of the lawsuit was on June 26, and as of July 18, NOTHING. Should I have received anything by now? Should I wait two more weeks and if nothing can I file a "Improper servive" or "Motion to Dismiss"?

Thanks for all the help

State law dictates how long they have to serve you and if you dont get served within that time then a motion to dismiss can be filed, this doesnt mean they wont turn around and do same thing again and actually serve you. Since you have not been served there is no improper service. Not much you can do but wait for their next move. You can always work out a settlement with them and Im sure thats what they are waiting for.

RobertEG · ‎07-18-2015

Do you have actual confirmation from the Office of the Clerk of the Court that there is clearly a civil action filed by them against you?

GameMaster1564 · ‎07-18-2015

No, I have not received anything official from the courts, only offers from random attorney's stating "we can help". These letters does contain the actual docket number.