I am seeking advice with this CA. This morning I was served a Civil Action Summons stating that a lawsuit has been filed against me. I have 20 calendar days to file a written response and I don't even know where to begin. I had a credit card with Providian Bank and fell upon some hard times and stopped paying. I live in Broward county, Florida and am unsure if this account is past or was close to SOL. There is also an award issued by the National Arbitration Forum for Midland Credit Management, Inc vs myself. Also attached is a statement from Fed Ex showing my husband's signature from 2/4/2005 with a tracking number that was sent by Arbitration Department Mann Bracken, LLc One Places West, Suite 1400 Atlanta, GA 30339. My credit report from Experian reads as follows: Midland Credit Mgmt PO Box 939019 San Diego, CA 92193 Orignial Creditor: Providian Bank Status: Collection account. $15, 157 past due as of Feb 2006 Date opened: 5/2003 Reported since: 5/2002 Date of status: 5/2002 Last reported: 2/2006 Account History: Collection as of Jun 2005 to Feb 2006, Dec 2003 to Jan 2005, Jul 2003 to Oct 2003, May 2002 Providian Financial PO Box 9180 Pleasanton, CA 94566 Status: Transferred, closed/Account charged off. $11,362 written off. Date opened: 10/1997 Reported since: 9/1997 Date of status: 4/2003 Last reported: 4/2003 Creditor's statement: Account closed at credit grantor's request. Account History: Charge Off as of Apr 2003, Mar 2003, Feb 2003, Jan 2003, Dec 2002, Nov 2002, Oct 2002 180 days as of Oct 2002 150 days as of Sept 2002 120 days as of Aug 2002 90 days as of Jul 2002 60 days as of Jun 2002 20 days as of May 2002 TransUnion credit report reads the following: Midland Credit Mgmt Inc. 8875 Aero Dr Ste 2 San Diego, CA 92123 Balance: $15,157 Date Updated: 2/2006 Original Balance: $12,828 Original Creditor: Providian Bank Pay Status: Collection Account Account Type: Open Account Loan Type: Factoring Company Account Remark: >Placed for collection< Date placed for collection: [5/2003] Estimated date that this item will be removed: 4/2009 Providian PO Box 9007 Pleasanton, CA 94566-4122 Balance: $0 Date Updated: 4/2003 High Balance: $11,362 Credit Limit: $9,400 Past Due: $0 Pay Status: >Charged Off as Bad Debt< Account Type: Revolving Account Responsibility: Individual Account Date Opened: 10/1997 Date Closed: 10/2002 Loan Type: Credit Card Remark: Purchased by another lender Estimated date that this item will be removed: 9/2009 I do not dispute that I owe the money for the credit card and I am very scared of being sued. I am currently unemployed and have a home. My home is listed under my husband's name but I am on the title. I do not want to lose my house or have a lien placed on my home. I was the only one listed on the account but am scared that they may come after my husband. We have a few bank accounts that are owed jointly and am concerned that they may freeze those accounts. I cannot afford a lawyer as my husband and I are struggling to make ends meet. Any advice or suggestions as to what my next step should be would be greatly appreciated.
FIRST, you have been sued in essence not once but twice. They apparently instituted an action under the AAA; i.e., arbitration, got their ruling, and are now trying to execute that ruling in a judicial forum where you reside. SECOND, you must file an ANSWER or some other responsive pleading within 20 days or the court will enter default upon Midland's motion. I would file a Motion for a More Definite Statement or your state equivalent which basically asks them to specify what they are asking for in the Complaint. When they file that, then file your ANSWER and DEMAND STRICT PROOF OF PURCHASE OF THE ACCOUNT AND WHAT THEY PAID FOR IT. PLEAD EQUITABLE ESTOPPEL, SOL, AND EVERY AFFIRMATIVE DEFENSE YOU CAN FIND. Sorry for the CAPS but this is important. Additionally, demand validation of the account from Midland and the attorney who signed off on the Complaint. It is my presumption that they will not or cannot provide this. I doubt they attached any contract to their Complaint either which is usually considered a jurisdictional defect in cases in equity (contract). If they did not provide me validation within 30 days, I would institute a civil action against Midland in Texas under the Texas Financial Code insofar as Midland is incorporated and does business there. Finally, dispute their tradelines on your reports ASAP. You must do this THROUGH Equifax, Experian, & Trans Union. I'll go ahead and speculate that they are reporting the account as "120+ past due", "open", and that they are a "data factoring company." Send the disputes CMRRR. They will also fail to mark the account as being disputed. When you get the reports back, file your Motion to Amend your answer and include counter-claims for violations of the FCRA & FDCPA. This is all very confusing I know and to be completely candid, this amount of debt will be hard to offset in violations. However, you must try something. I'm not a Florida law expert but, I do not think they can place a lien on your home. I may be wrong but I'm almost certain that Florida is one of the few jurisdictions which allow an exception for homesteads against civil judgments. Just in case, I'd empty my accounts and close them. Get an online or far out-of-town account for your banking needs. If they get a judgment, the first thing they will do is send out orders to all your local banks in an attempt to net you and your spouse. Good luck.
Hi mykendes, I am in a very similar postion to you, but I'm in miami-dade.. Have a look at my thread: http://consumers.creditnet.com/Discussions/credit-talk/t-summons-received-need-advice-65904.html, also take a look at some of ccbob and woops, very informative. You must respond to the summons! Even if it is a blanket denial, if you don't respond in the 20 days they can get a default judgement against you. The arbitration is a real big question mark. Most of the T&C's these days of major credit cards have binding arbitration clauses. That's not to say that Midland can produce them, but sounds like they did it anyway. The arbitration stuff might need some real legal advice. That notwithstanding, if your charge off was indeed in April 2003, then this month marks the expiration of statue of limitations, which actually should run from the date you last made payment (also perhaps hard for you or them to find). But thats probably why they are after you this month. I'd at the very least make a non incriminating enquiry to see if that arbitration case was real. A few facts as I understand them: SOL is 4 years (from last payment made by you) for credit card debt in FL. If you are a head of household, in FL it is not legal to garnish your paycheck. They can't go after your house. You can also shift some things, into your wifes account or others. My friend from NY has very successfuly done this and a few judgements against him have ammounted to little. There is also a SOL on judgement periods, but I haven't researched that yet. Having said all this, I'm not a lawyer so it's wise to confirm it all! A few other things. If you go down to the courthouse, you can see all the documents that have been filed (should be the same as the complaint anyway). I didn't know this until my first visit it became clear, public domain i think.. Also they will give you a format for a response, and more can be found on this board. In MD county, I found my case on their website, which shows all the filings so you don't have to go to the courthouse once per week. At least when you see something has been filed you can go get it, in case the other party did not copy you on it. Broward probably the same.. Last, if not least, if you want to go halfsies on a lawyer, let me know! Chin up, keep researching, there is a ton of info out there to be found. mes34
As mentioned above, first thing is to get off a validation letter, so you can use that in your response.. here is the one i used. There are quite a few around that can be found if you want to modify it to suit you.. If they do not respond to it you can use it as a defense that they have not validated the debt. me, my address Law office of blah April 10, 2007 RE: BANK Account Number# xxxx Via Certified Mail, Return Receipt Requested To whom it may concern: I dispute this alleged debt. This is a request for validation made pursuant to the Fair Debt Collection Practice Act. Be advised that I am not requesting a verification that you have my mailing address; I am requesting "validation", that is, competent evidence that I have some contractual obligation to pay you, including, but not limited to, written documentation that contains my signature outlining terms and an itemized account of the alleged debt with complete payment history; and proof that you are legally entitled to collect this particular debt. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, never to be reinserted, and a copy of such deletion request shall be sent to me immediately. Best regards,
Here is another board that has a response filed to these Midland people.. http://www.askmehelpdesk.com/other-...8.html?highlight=summons+response+credit+card mes
