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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116711
Experience:  Attorney experienced in commercial litigation.
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I live in Alaska. I was sued on Oct 31, 2016 by midland

Customer Question

I live in Alaska. I was sued on Oct 31, 2016 by midland funding LLC for a bill from 3 years ago for $2100. I thought this was paid. I'm working on a run for politics and this suit was both unexpected and unfortunate. Paying the bill is no issue if there was a screw up. I wasn't mailed the documents from the court, just received them yesterday. The 20 days to respond is just about up.What is the best term to negotiate for to have this dismissed? Google tells me I should request a "voluntary dismissal with prejudice" so this doesn't get a judgement and I can't be reused. Is this the best I can hope for now that a suit has been filed or can the suit be withdrawn/dismissed in a way that won't harm or put a record on my account?
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to properly sue you, they had to serve you personally with a copy of the suit and a summons. If they did not do so, then you can move to dismiss for improper service of process. That is one thing.
Secondly, if you call the attorney from Midland and offer to pay the amount due, they will generally indeed agree to a voluntary dismissal of the suit and there would be no judgment anywhere on your record.
The best you can hope for at this point is a dismissal of the suit for some reason, either improper service or based on accord and satisfaction (payment) of the money due.
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