MIDLAND SUED ME LAST YEAR AND NOW MADE ME PAYING THEM AM I DOING THE RIGHT THING.

[twainsette]

I HAVE A DEBT THAT I COULDNT PAY FOR YEARS. DUE TO UNEMPLOYMENT. NOW THEY SOLD MY ACCOUNT TO MIDLAND CREDIT COLLECTORS OR WHATEVER. AND THIS COMPANY HIRED LAWYERS AND SUED ME LAS SEPTEMBER 2008. I DIDNT EVEN KNOW THAT I WAS SUED BY THEM. I NEVER RECEIVED ANY LETTERS SAYING THAT THEY WILL DO THAT. UNTIL I RECEIVED A LETTER FROM MY LOCAL SUPERIOR COURT SYAING THAT MY CASE STATUS IS POST JUDGEMENT. AND IT WAS A NOTE OF LIENS. THEN THEY CALLED MY UNCLES HOUSE AND LEFT A NUMBER FOR ME TO CALL. I CALLED THEM AND THEY TOLD ME THAT I BEEN SUED BECAUSE I HAVENT PAY THE DEBTS. AND NOW THEY TOLD ME IN ABLE TO STOP OR AVOID GARNISHING WHAT EVER ASSETS I HAVE I NEED TO PAY THEM. NOW THEY WANTED ME TO PAY 300 A MONTH. WHICH I HAD TO AGREED BUT I JUST DONT KNOW IF IM DOING IT RIGHT. MY CONCERN IS WHY AM MY BEING SUED AND I NEVER HAD CHANCE TO SHOW IN THE COURT OR RECEIVE ANY SUMMONS. PLEASE SOME ADVISE. THANKS

[Gib]

Please don't use all caps, it is hard to read.

First thing you need to do is look at the case file and find out how you were served. It may be possible you can have the judgment vacated for improper service.

[twainsette]

Heres the copy of the case.

Complaint filed by MIDLAND FUNDING LLC on 09/10/2008.
Filed by:MIDLAND FUNDING LLC(Plaintiff)
Refers to:P***, S ***(Defendant)
2 Civil Case Cover Sheet filed by MIDLAND FUNDING LLC on 09/10/2008.

3 Declaration for Court Assignment filed by MIDLAND FUNDING LLC on 09/10/2008.

4 Case assigned to Department 43.

5 Proof of Service of 30-day Summons & Complaint - Personal filed by Midland Funding LLC on 09/25/2008.

6 Request for Dismissal of Does (1-100 without prejudice) filed by Midland Funding LLC on 11/12/2008.

7 Request for Entry of Default (Clerk's Judgment) filed by Midland Funding LLC on 11/12/2008.

9 Declaration - Other (Of Erica L. Brachfeld Re Calculation of Interest & Waiver of Attorney Fees) filed by Midland Funding LLC on 11/12/2008.

10 Declaration in Support of Default Judgment by Court CCP 585(d) filed by Midland Funding LLC on 11/12/2008.

11 Declaration Pursuant to CCP 1033(b) filed by Midland Funding LLC on 11/12/2008.

12 Judgment by Default by Clerk filed by Midland Funding LLC on 11/12/2008.

8 Default entered as to P, S B (my name) on Complaint.

13 Judgment for Midland Funding LLC against Pa***, S** B in the amount of: 2031.87 principal, 247.00 costs, 563.36 pre-judgment interest, and 0.00 attorney fees entered on 11/12/2008.

13 Case disposed with disposition of Default judgment by clerk.

14 Abstract issued.

[jlynn]

Quote:

Originally Posted by twainsette Heres the copy of the case. 5 Proof of Service of 30-day Summons & Complaint - Personal filed by Midland Funding LLC on 09/25/2008.

If you said you never received anything advising you that you had been sued, you should go down to the court house and find out what their proof of service is.