Author Topic: Question about pending Midland law suit  (Read 183 times)

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kmullins76

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Question about pending Midland law suit
« on: Yesterday at 03:38:34 AM »
Ok over the past few days I have been receiving letters from Lawyers stating they have been informed that I am being sued by Midland Credit Management. I have not been served yet, nor have I received any legal documents on my door of any kind. I have received one invoice from Midland. Can I send a VOD certified to Midland or is it pointless at this point? If pointless what should I be doing?
I am in Texas
The Original creditor is Citibank/Best Buy
Amount 3,800
Last payment but did not bring account current 3/19/2013

SixthAttempt

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Re: Question about pending Midland law suit
« Reply #1 on: Yesterday at 03:59:05 AM »
Are these lawyers telling you they are WITH Midland?

Try a Google search (or make a phone call) for your local county's courthouse. Try this for search terms: Open acess [county name] texas. As an example, this came up for Harris County. http://www.hcdistrictclerk.com/eDocs/Public/Search.aspx. If you then click Search our Records (left side) and Party Inquiry, you can find if a case has been filed.

I am not an attorney. I am not giving legal advice. Any information I give regarding my experiences are for entertainment purposes and to be used only for interpretive dance.

StartingOver2014

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Re: Question about pending Midland law suit
« Reply #2 on: Yesterday at 04:00:48 AM »
Yeah, definitely check the local court system for a case with your name on it. Sometimes they lie about service of process and get a default judgment without ever telling you.

kmullins76

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Re: Question about pending Midland law suit
« Reply #3 on: Yesterday at 04:09:09 AM »
Yes I was able to find the Case and it is listed as "Unserved"

Yes, I am being contacted by Lawyers that are not employed by Midland, offering their services in defense to the suit.

fisthardcheese

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Re: Question about pending Midland law suit
« Reply #4 on: Yesterday at 11:15:37 AM »
This is normal.  When a lawsuit is filed, these law firms have computer generated ads that get sent out. Most of them are Bankruptcy attorneys and some are civil defense attorneys trying to drum up business.  Check those ads for a case number.  Then go to the county court's website and search for that case number.

Essentially Midland has filed suit against you.  It may take a while before you are served.  However, that is good as you now have a head start on learning about how to deal with Midland and defend yourself.  You will need to prepare an answer to file within the time limit of your court once you are served.

Many of us have defeated Midland here.  Search this site for midland and for Texas consumer statutes.  You will find lots of good information.
As a Plaintiff: 4 Settlements (3 in arb pre-hearing)
As a Defendant: 2 JDB Suits Dismissed With Prejudice

Flyingifr

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Re: Question about pending Midland law suit
« Reply #5 on: Yesterday at 03:17:45 PM »
Ok over the past few days I have been receiving letters from Lawyers stating they have been informed that I am being sued by Midland Credit Management. I have not been served yet, nor have I received any legal documents on my door of any kind. I have received one invoice from Midland. Can I send a VOD certified to Midland or is it pointless at this point? If pointless what should I be doing?
I am in Texas
The Original creditor is Citibank/Best Buy
Amount 3,800
Last payment but did not bring account current 3/19/2013

Google the term "Ambulance Chaser"
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

kmullins76

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Re: Question about pending Midland law suit
« Reply #6 on: Yesterday at 03:35:43 PM »
I have been able to find the case in my county's courts and it is listed as "Unserved".

So the waiting begins...

I am prepared to answer with a general denial, however I am torn as to which move to make after that. Do I move forward with Flyingifr's method and file countersuit? Or do I request arbitration? Both?

This was a Best buy card that was originally opened with Capital One, but in 2006 Citibank bought out Capital One. I always logged in to Capital One's site to make payments. I am failing to find an agreement for Capital One for the Best Buy card so should I go with the Citibank agreement? I am still within SOL on this, so from what I gather I believe my next move would be to request arbitration. Am I correct in my thought?

kmullins76

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Re: Question about pending Midland law suit
« Reply #7 on: Yesterday at 03:51:21 PM »
I probably need to give a little background on this. For the past year I have been playing the hide my head in the sand routine hoping it would all go away, obviously this was the wrong move. I am now going to take a more aggressive role in managing my credit.

Anyway, I believe Midland is either the first or second level of collections after the OC. To be honest I threw away collection letters until recently. With that being said. Once I file my answer to this suit, should I start the interrogatory process? If the 30 day rule has passed is it too late to start the VOD process on other collection attempts outside of this suit?

Brunothe JDBKiller

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Re: Question about pending Midland law suit
« Reply #8 on: Yesterday at 03:55:59 PM »
http://www.bizjournals.com/newyork/news/2013/09/09/citi-takes-over-best-buys-credit.html


The sale took place in September 2013, not 2006. You defaulted six months before the sale. Cap One may have sold it to Midland before the sale to Citibank, who probably would not buy accounts in default. I doubt they are involved with this.

This is information that should either be in the complaint, or you can find out in discovery. Cap One removed arb from their credit card agreements in 2010. If you opened the account after April (approx) 2010 there would be no arbitration option.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Brunothe JDBKiller

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Re: Question about pending Midland law suit
« Reply #9 on: Yesterday at 03:58:54 PM »
I probably need to give a little background on this. For the past year I have been playing the hide my head in the sand routine hoping it would all go away, obviously this was the wrong move. I am now going to take a more aggressive role in managing my credit.

Anyway, I believe Midland is either the first or second level of collections after the OC. To be honest I threw away collection letters until recently. With that being said. Once I file my answer to this suit, should I start the interrogatory process? If the 30 day rule has passed is it too late to start the VOD process on other collection attempts outside of this suit?


You can't file anything with the court without a case number. You have to find out if they actually sued or not. They may have sued in the wrong county, it happens a lot. Did you ever move? If you were sued, debt validation is useless.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Johnny good

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Re: Question about pending Midland law suit
« Reply #10 on: Yesterday at 04:25:37 PM »
Make sure they didn't violate the any of Texas Finance Codes chapter 392. http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm
Go over these codes with a fine comb and check if they violated any sections. If so, include them with your counterclaim. Your counter claim will be a separate form along with the general denial answer. I'd also search the counsel's name on the docket. This will help you find previous cases in which opposing counsel either lost or won. There public records and you can request to view them with the district clerk. It's usually a dollar per page but the clerk in my town allowed me to take pictures of all the information I needed. Last time I checked best buy was with capital one not citi. Is the case in JP or district? You need to familiarize yourself with the Texas rules of civil procedures. http://www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdf

Make sure they don't hit you with sewer service. Keeps tabs on it. A helpful thread for you http://www.debtorboards.com/index.php/topic,27035.0.html

Edit: Valid points from Bruno.
« Last Edit: Yesterday at 04:33:38 PM by Johnny good »

kmullins76

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Re: Question about pending Midland law suit
« Reply #11 on: Yesterday at 05:33:09 PM »

You can't file anything with the court without a case number. You have to find out if they actually sued or not. They may have sued in the wrong county, it happens a lot. Did you ever move? If you were sued, debt validation is useless.

No, I understand I can't do anything until I am served. I do have a case number though, without being served is there anything I can do or should be doing other than watching it to make sure there is no "Sewer Service"?

And just to make sure I understand, in my answer, I deny the allegations, and attach countersuit? At this point do I have to ask for arbitration or can that wait until trial?

Brunothe JDBKiller

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Re: Question about pending Midland law suit
« Reply #12 on: Yesterday at 06:56:26 PM »
What you can do depends on whether this is in JP Court or County Court. Two entirely different sets of rules. I would go to my local court house and ask the clerk to  look up the case number. There may be a way for the clerk to research the entire system.

At this point in time you have no grounds for a countersuit. ARB is going to depend on what I told you in my previous post. When did you open the account?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kmullins76

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Re: Question about pending Midland law suit
« Reply #13 on: Yesterday at 09:09:14 PM »
What you can do depends on whether this is in JP Court or County Court. Two entirely different sets of rules. I would go to my local court house and ask the clerk to  look up the case number. There may be a way for the clerk to research the entire system.

At this point in time you have no grounds for a countersuit. ARB is going to depend on what I told you in my previous post. When did you open the account?

I opened the account in 2008. Do you know where I can find an agreement, I've searched the net and can only find an old one for Cap One Best Buy.