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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37873
Experience:  Attorney,16 years experience in consumer protection areas
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I am being sued by Midland Credit Management GE credit card,

Customer Question

I am being sued by Midland Credit Management for a GE credit card
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: not really
JA: Anything else you think the lawyer should know?
Customer: i saw online that they filed a summons for me on june 9th but i havent received anything in the mail to my knowledge or in person
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: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you disputing that the debt is yours?

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Do you have any legal defenses to the suit?

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How long has it been since you paid on it if it is yours?

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What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 1 year ago.
last payment was on march 2013, the debt is under my name but it was a card my mother got a hold of and maxed out for 8k. now the balance is nearly 9k. ive made multiple to attempts to settle with them but they want more than i can afford. how do i know if i have been served already. what do i do so they dont garnish my wages or anything worse. i have never been sued.
Expert:  Barrister replied 1 year ago.

If you haven't actually had a sheriff or process server hand you a summons, then you haven't been served. They have to serve you with the lawsuit paperwork before they can proceed with the suit.

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So they can't do anything at all until they serve you, then get a judgment against you in court. They have to first get a judgment before they could try and garnish your wages and they can't do that until you are actually served.

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thanks

Barrister

Customer: replied 1 year ago.
Ok so do I just wait until I am served ? What do I do in the mean time? I want to make this go away.
Expert:  Barrister replied 1 year ago.

Well, if they never serve you, they can't proceed with any lawsuit. So there is no reason for you to help them by contacting them and accepting service. If you can avoid service for 5 years from the time you last made a payment, then it would be beyond the statute of limitations for enforcement. So that would be 2 more years though...

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You could contact them and try to settle, but if you don't have a pretty good lump sum to offer them, as in probably half, then they might not be willing to settle and you might tip them off as to where you are even if they agree and say they need to send you a written settlement form. It wouldn't be the first time that a debtor thought they settled the debt, gave out their address for the paperwork and then the sheriff showed up to serve them..

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So if you did contact them and were able to settle the debt or work out a payment arrangement, have them send any paperwork to a friend's or relative's house so they can't trick you into accepting service.

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thanks

Barrister