Summons from Midland

Submitted by edgar3tres on Tue, 10/12/2010 - 10:32
Forums

I received a summons from Midland but I have no idea who are those guys! I do have some debts but not with them, I need to respond to this summons asap and I have no idea how can anyone help please??

This is the letter I received when I was not home they left this with my brother and I was out of the country at the time.

THE STATE OF ARIZONA to the above-named Defendant,xxxxx;.
I. A lawsuit has been filed against you.

II. If you do not want a Judgment taken against you for the relief demanded in the accompanying Complaint, you must file a Response in writing in the Office of the Clerk of the Maricopa -manistee Justice Court, accompanied by the necessary filing fee. A copy ofthe Response must also be mailed to the Plaintiffs Attorney, whose name and address appears above.

III. The Response must be filed within TWENTY DAYS , exclusive of the date of service, if served within the State of Arizona, or within THIRTY DAYS, exclusive of the date of service, if served outside the State of Arizona.

Plaintiff, through undersigned counsel alleges as follows:

1. Plaintiff is a Kansas corporation. I

2. Defendant(s) (is are) (husband and wife and) (a)
resident(s) of Maricopa County.

3. This Court has subject matter and personal jurisdiction.

4. All pertinent acts and omissions giving rise to this lawsuit occurred in Maricopa County, Arizona

5. All conditions precedent to Plaintiffs right of recovery have occurred

6. By accepting and using an offered credit card, Defendant(s) entered into a credit card agreement and agreed to the applicable terms and conditions of that credit card (the "Debt"), Plaintiff is the servicing agent for the present successor-in-interest (“Holder”) of the original issuer of the credit card

7. Defendant is in default under the terms of debt. The present amount owed under the terms of debt, after all setoffs, is $899.11. This amount includes the principal balance of $693.38, plus interest from the day of default, May 12 2006, until the date of this complaint at the debt interest rate of ten 0/100 (percent) per year minus any payments made.

8. Despite demand to do so, defendant has failed to pay the amount owed. Plaintiff has accelerated the amount owed under the terms of debt.

9. The acts and omissions of defendant constitute a breach of contract. The Holder has been damaged thereby.

10. Plaintiff cause of actions arises out of contract. Pursuant to the terms of the debt and ARS 12-341.01, Plaintiff is entitled to an award of reasonable attorney’s fee and costs.

WHEREFORE, Plaintiff prays as follows:

1. Judgment against Defendant in the sum of the principal balance of $693.38 plus interest at the rate of 10% per year from the date of default, May 12 2006, until paid minus any payments made. The amount owed at the time of filling this complaint is $899.11.

2. For an award of attorney’s fees in a fair and reasonable amount to be determined in the discretion of the court with more particularity at the time of trial, and in the lesser sum of the amount allowed by applicable law or the suggested amount of $242.76;

3. For Cost incurred herein; and

4. For such other and further relief as the court deems just and proper

Ok, so it looks like the summon is on Maricopa County and I don't even live there, and the letter was dropped at my house in a different county and to my little brother.

What should I do? I'll appreciate your help!

do you have all your credit reports?
what state are you in? AZ
what is the original creditor and the name of the CA? midland
what is the date of first delinquency? 30 days after last payment

what credit card? is the original debt yours?

Tue, 10/12/2010 - 11:35 Permalink

Yes I have my credit report!

I'm in Az, but on a different county.

The Original Creditor was a credit card not them, I guess they bought the debt.

The las payment was on 2005.

If they bough from that credit card I had the the debt is mine but in the letter they sent, there's no info about or account number, I don't mind pay it but I never hear from this guys before so I don't want to send them money until I am sure was is this all about! I don't want to go to court for this, but I got served with summons so what should I do??

Tue, 10/12/2010 - 11:46 Permalink

which credit card?

AZ has an SOL of 3 or 6 years. I think we need to ask for help on that.

I would send a DV letter. SOL is an affirmative defense so if they give you a court date, you need to show up.

Tue, 10/12/2010 - 11:55 Permalink

SOL is 3 years in AZ, and it shows in my credit report that 2005 is the last day of activity on that credit card; the cc is a mervyns card!

But my report also shows that midland open an account on 2008 for it but I never signed a contract with them.

So how do I respond to the summons? is a DV letter enough?

Tue, 10/12/2010 - 11:59 Permalink

I would send the dv letter by CMRRR and specifically state that this account is beyond SOL. if you get a specific date for court then show up, for sure.

you need to verify that this is mervyns card as you remember it. why idd this go to your brother?

Tue, 10/12/2010 - 12:04 Permalink

but what about the Summons? show I answer that too?

Actually I'm out of the country for the month, and someone just showed up at my house and left the letter with my little brother.

Also the summons was filled in different city and county and is too far from where I live.

Tue, 10/12/2010 - 12:10 Permalink

send the DV letter

go to the court house and look up the file before you answer the summons

Tue, 10/12/2010 - 21:35 Permalink