Received a lawsuit letter in the mail on 3/7/12 from a lawyer representing Midland Funding. I failed to respond to the lawsuit. Mainly because I didn't know what to do and to be honest just hope it would go away. It looks like the 30 days have passed, so is it safe to assume that i'm "out of luck". How does one even respond or who to respond to? Thanks and great information on this website. Especially the FAQ's and Top Mistakes.
It's hard to say without knowing exactly what the letter said. *IF* it was a LAWSUIT, then who you respond to, or what you respond to, would vary depending on your jurisdiction. *IF* it was a letter 'threatening' a lawsuit, then *I* would respond both to the lawyer, as well as the CA, because both are considered CAs under the FDCPA, and I want to make sure that the lawyer doesn't try to 'duck out' when I dispute the account with them, and the CA claims that the lawyer never told them that it was disputed.
Oh, one question, and it may seem like a stupid one... Was the letter hand signed by an alleged attorney? Or unsigned, or signed with a facsimile signature?
It says "Please find a copy of the enclosed document that is being filed with the court in the above-captioned matter." It was signed by Attorney It also gives me the case number as well with a motion for default. Thanks for the help BTW
Does it say which court it was being filed with, and provide you with where you need to file an answer? Physically signed by an attorney is at least one good thing for them, many 'attorneys' technically rent-a-letterhead and a facsimile signature to anyone for a % of the account. The courts created a relatively small burden to 'prove' that an actual attorney at least took 2 seconds to physically sign the letter, otherwise it can be considered a false threat of legal action. If I received something that said it was being filed with the court, I would personally verify that they in fact did file it with the court; and then find out from the court what their specific process is. If it wasn't filed, yet. Then I would go the route of demanding validation, under the FDCPA. Was the letter DATED and MAILED on 3/7/2012, or was that the exact date that it was received? Sometimes a CA will print a letter one date, postmark it a couple days later and put it in the mail, so the received date undercuts the 30 day period under the FDCPA, which courts - without evidence to the contrary - assume is five business days from the date of mailing. Even if it was mailed on 3/7/12. If the validation is timely, they need to stop collection, which includes the litigation. The other major questions that help to determine how serious they may be. Age of the alleged account? Amount of the alleged account? How far the attorney's office is from the court that it's filed in (which is by law required to be your local court)? Age older is slightly better, they may have trouble getting some proof, but it depends on whether your judge is a prove to me that you don't owe it, judge. Amount higher is worse, because that gives them more of a financial incentive to go the distance. Distance farther is slightly better, although they could get a closer attorney to show up to represent them, or make the drive themselves. And of course, these are just my observations over the years, based on my own personal experiences.
Yes it was filed in court. I checked and indeed it's in the court system. This was 2009 and it sold to Midland in 2011. The document that was sent to me doesn't tell me that a court date has been set or who to respond to for dispute. The attorney is local and checking the court system is says the following: 02/07/2012 ALIAS SUMMONS ISSUED BY REGULAR MAIL ANSWER DAY - 03/06/12 03/16/2012 BAILIFF/CLERK: $25.00 MOTION FOR DEFAULT JUDGMENT FILED Civil Receipt No: xxxxxxxx Total Amount: $25.00 Payer: Attny: 04/17/2012 BAILIFF/CLERK: $15.00 Civil Receipt No: xxxxxxx Total Amount: $15.00 Payer: Attny: 04/18/2012 'Certificate of Judgment' processed Does this mean it's already done adn over with?
It would appear that they just got the judgement yesterday. I would argue that if they didn't mail the document to you until March 7th, a month after they've filed, and the DAY AFTER the "ANSWER DAY", my argument would be ineffective service, showing the date that the lawyer sent the suit to you was AFTER you were supposed to answer. Of course, the standard disclaimer, I'm not an attorney, don't play one on TV, but that is what I would argue.
