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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Lawsuit by Midland Funding, LLC. on a Best Buy credit card

Customer Question

Lawsuit by Midland Funding, LLC. on a Best Buy credit card balance of $4500.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No. I began getting solicitations in the mail about 3 weeks ago, I had no idea I had been sued. I haven't even been served yet.
JA: Anything else you think the lawyer should know?
Customer: I'd just like to know what my options are.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) If you have not been served, then how do you know you are getting sued?

2) What are you asking, i.e. what is your question here?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 5 months ago.
I began receiving solicitations in the mail from attorneys all over the city. Their solicitation letters included the case number ***** who was filing it against me.
Expert:  Ely replied 5 months ago.

Ah, okay. Then:

1) What city/county is this in, and

2) What can I answer for you, exactly?

Customer: replied 5 months ago.
My question is: What are my options? I don't have a lump sum to settle up with in 30 or 180 days. Is it possible to contact them directly and set up a payment plan?
Expert:  Ely replied 5 months ago.
Okay. Well we know that this is for a debt. Do you know for how much? Do you know what the debt is for - where it comes from? Is it a real debt, or inflated? How long ago is it from? The more you can tell me, the better.
Customer: replied 5 months ago.
Best Buy credit card. Balance is around $4500. I've had the account since 2009 at least. In 2013 I put all of my debt through a debt resolution company and they were able to pay off one of my other accounts, but Best Buy would never accept their offers to settle. I finally removed my accounts from them in 2015 after they weren't getting anything else settled.
Customer: replied 5 months ago.
I got divorced in 2013, which caused havoc with my finances.
Customer: replied 5 months ago.
My main goal here is to avoid a judgement. I don't particularly want to pay an attorney for setting up a payment plan with them if I can do it myself. I have no experience with Midland Funding, so I don't even know how to contact them.
Expert:  Ely replied 5 months ago.

Thank you.

1) First, check to see what date this is from, exactly. If this is over 4 years, then statute of limitations prohibits them from suing, assuming that the debt was from Texas. The date is the last of (a) the time that the account became delinquent, (b) the time that a payment was made, or, (c) the time that the individual affirmed the debt in writing.

2) If sued, you want to file an ANSWER to avoid default. This will kick the matter into trial mode which would be months down the line. If so, then this gives time to the parties to negotiate. You may find that the other party will agree to a lesser amount. If they do not, then the best leverage here to use is to threaten bankruptcy (they do not know that you may be bluffing). A BK during or after judgment will reduce the debt to pennies on the dollar, or eliminate it all together. So one can say I will pay you $x amount, and no more, or I will file bankruptcy to avoid judgment and you will not see a penny. They often will agree with you to accept something lesser than the amount they seek.

Let me know if you need a sample Answer to file.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 5 months ago.
I have no idea where or how to file an answer. Please provide me with a sample - that would be great.
Customer: replied 5 months ago.
PS - How can I file an answer when I haven't been served?
Customer: replied 5 months ago.
The solicitation letters I received say it was filed May 6.
Expert:  Ely replied 5 months ago.

Sure. Please see attached example of an Answer. It simply lists general denial.

You CAN file an answer even if not served, yet. But of course you have to have the cause number, court, and the Plaintiff's attorney address and name. You may as well wait to be served before filing an Answer.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
How long do they have to serve me before they go back and say they couldn't? I'm at work all day, so I'm obviously not at home, and I'm not sure if they know where my employment is.
Expert:  Ely replied 5 months ago.

About 6 months. So they have time. If they want to, they can find your employment using the process server. Or the process server can simply wait for you near your house in late evening when you get home, etc. They can get creative.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
Okay, I just wanted to make sure this wasn't something that would happen in a couple of months.
Expert:  Ely replied 5 months ago.

No. But probably, in a couple of weeks you will be served. If not sooner.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.