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No collections notices; suddenly a summons to court for a debt



kdestef

Posts: 29
Credits: 1785
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Sub: No collections notices; suddenly a summons to court for a debt
Mon, 16/05/2011 08:23

I received a summons in person yesterday 3/6/2011 from attorney's office, Farrell & Seldin, Centenniel, Colorado, saying I owe $1846.00 to a Midland Credit Management, Inc (claiming the original creditor is Chase). I have never received any documents saying I owed this money nor did I even have the opportunity to send a validation letter. If I had recieved any sort of notification from them, I certainly have enough knowledge and sense to have sent a validation letter to them immediately.

Now, I have a summons (of course they haven't filed it with the courts yet because I've heard they wait to see what you'll do to save them the expense), but I know it's serious enough. I have not contacted them yet in hopes I could get some advice first on how best to handle this. I have heard once they summons you, the validation process is moot. But what if I've never recieved anything from a Midland Credit Management regarding a Chase account, or any account? Can I still send a validation letter?

I would like to try and just settle to get them off my back and would have done so prior if I had known they were looking for me, but I want to confirm first that they actually own this debt and haven't just snooped it out of public records claiming I now owe them. I received about $300 from my Colorado tax return and I would like to just give this to them since it's all I have. I've had a run of bad luck and have been living pay check to pay check. I don't have family to borrow from so that is not a possibility.

Any suggestions on the best steps to take regarding this? I think it's extremely unfair that they have given me no opportunity to contest this and validate the claim and have gone straight to a summons and complaint. So what? They get to skip the whole notification process now to avoid having to validate their claims?



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myvworld
myvworld
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Sub: #1 Midland Funding LLCTue, 01/15/2013 - 16:11



Yea, I got a summons in mid-december. No case number - supposed to go to court on Thursday but I got a letter a week ago telling me they aren't filing. And I should contact them to find out why. Well as many of you have said I never got a letter from them before this in order to send a DV letter. I think I'll be sending one out tomorrow. At first I thought it might be a plow so I wouldn't show up or file a response. But now I'm not sure. :) Do they have to re-serve me if they intend to file the suit? I called the court and nothing in on the docket for Thursday -- I was planning on filing the response tomorrow but guess I'll send the DV letter instead.Thoughts? Strategy?



kdestef
kdestef
Posts: 29
Credits: 1785

Sub: #2 rasterx, sorry just saw your note in parentheses "(not filed)". Mon, 05/16/2011 - 08:23



rasterx, sorry just saw your note in parentheses "(not filed)". So you can send it to the attorney listed on the summons. In my case however, they turned around and filed anyway AFTER they received my DV. I filed my response and according to the county clerk had until May 16th (today) to set a trial date. I called this morning to ask what the status was of the case and they still haven't set a date. According to this county clerk I spoke with, she claims that technically it's up to the judge whether or not they can still set the trial date after May 16! Wth? Apparently they can do as they please....


kdestef
kdestef
Posts: 29
Credits: 1785

Sub: #3 DV gets mailed to the lawfirm (whoever is listed on the summons)Mon, 05/16/2011 - 08:19



DV gets mailed to the lawfirm (whoever is listed on the summons). They are the ones representing the Plaintiff. But if they've already served you and it has been filed with the courts (might want to check this out first with the courts) your DV will do no good. You will have to file a response or show up in court to defend yourself (unless you hire an attorney).


rasterx
rasterx
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Sub: #4 Who does the DV get mailed to? The only info on the summons(not Tue, 05/10/2011 - 21:35



Who does the DV get mailed to? The only info on the summons(not filed) is the address of the lawfirm.


goldenbast
goldenbast


Debt Samaritan
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Sub: #5 Good good! Please remember to keep us updated!Mon, 04/25/2011 - 06:08



Good good! Please remember to keep us updated!


Unregistered

Sub: #6 nope no counter claim the court it was filed in is small claims Sun, 04/24/2011 - 16:42



nope no counter claim the court it was filed in is small claims and I am going for big money this could run into hundreds of thousands in a higher court witch by the way is my next step they will be served this week!!


goldenbast
goldenbast


Debt Samaritan
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Sub: #7 Yay! Did you ever file any counterclaims? If they violated youFri, 04/22/2011 - 21:24



Yay! Did you ever file any counterclaims? If they violated you should turn around and sue them.


Unregistered

Sub: #8 just a quick update I WON !!!!!!!!!!!!! case was dismissed todaFri, 04/22/2011 - 16:00



just a quick update I WON !!!!!!!!!!!!! case was dismissed today!! by the attorny for HFC


Unregistered

Sub: #9 ok check this out just got back from court today it was supposedThu, 04/14/2011 - 15:33



ok check this out just got back from court today it was supposed to be a trail I show up and their is 5 lawyers from ferrall and seldin just hammering people like the where trash evryone had a number but me so once they asked who I was and found out they told me to wait a minute finnly I get my turn I ask what in the world is going on ?? well the judge cant make it today and I was not notified? are you kidding me ? he had many trails set for today and then all the suden training is more important then trails???? no fricken way at least notify the people involved dam it !!! so then they tried to make a offer and i told then no you broke the contract and wow did they back peddle so no they need two months two try to come up with the orignal note and fullfill the subpeona i wrote lol this will be a slam dunk they with malice break evy law that they can and now im going to put a counter claim for five hundred thousand dollars for all the laws they broke it is a list as long as my arm!!and I am not a lawyer I have a 8th grade education and even I know that they are breaking the laws DO NOT LET THEM SCARE YOU FOR A JUNK DEBT they have been paid a hundred times !!! remember the bailouts and insurance scam of AIG ???? people like this are what have caused the finacial melt down and the houseing bubble dont take my word for it do your own research and open your eyes!!!!!!!!!!!!!!!


goldenbast
goldenbast


Debt Samaritan
Posts: 2751
Credits: 37919.271305235

Sub: #10 Ok that just really gets my knickers in a twist! FAKE documentsFri, 04/08/2011 - 19:02



Ok that just really gets my knickers in a twist! FAKE documents??? I am so not surprised! It has already been proven in court that some debt collectors have made fake affidavits and used them in court proceedings. It is despicable.


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