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Midland credit card management suing me Business Debt, Collections

Discussion in 'Other Debt, Collection, Garnishment' started by pepsibackbaby, Oct 10, 2020.

  1. pepsibackbaby

    pepsibackbaby Law Topic Starter New Member

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    Jurisdiction:
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    A couple days ago I got served papers that Midland credit management is suing me and I just wanted to get some information on what should i expect. I'm going to be asked to testify? is the plaintiff going to show up in court with a whole bunch of documentation that they're going to throw at me or are they just going to show up and say. You owe this amount of money I have no proof and you should pay me is that what they basically do or do they actually win in the majority of cases that they sue for. I did get a letter from this one attorney that said we have a 100% success rate defending these cases to a 0 judgement, reduced judgment, or significant settlement plus the letter said I wouldn't even have to show up for the hearing is that true. Because if you haven't guess this is my first civil case hearing and I'm pretty nervous and if I don't have to show up that would ease my mind a little bit. P.s the credit card in question was closed over 1 year and 6 months ago and I read that the longer the account is closed for the harder it is for the collection agency to get information on my account
     
  2. army judge

    army judge Super Moderator

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    possibly. there is no specific answer to a broad question.

    Anything can, and often does happen.

    Anything can, and often does happen.

    If you don't wish to lose by default, you must appear as ordered when you are served documents issued by the court.


    If your debts are overwhelming, you might wish to speak with a bankruptcy attorney about a chapter seven bankruptcy.

    A BK action can erase all of your debts and allow you keep your money and build a fresh start.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Never believe anybody that says you don't have to show up to the hearing.

    You, of course, have the ability to not show up, but that risks a big judgment against you.
     
  4. mightymoose

    mightymoose Moderator

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    A year and a half is not very long. If the debt is legitimate you will likely have difficulty preventing a judgment against you.
    You might have some success negotiating a lesser amount of you want to pursue that..
     
  5. pepsibackbaby

    pepsibackbaby Law Topic Starter New Member

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    But they have to prove that the debt is legitimate cuz if all they have is my name my card number and how much I owe that's not enough for the judge to vote against me? Or is it. They have to verify the debt meaning they need all the transactions that were purchased on the card or am I completely wrong
     
  6. mightymoose

    mightymoose Moderator

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    Sorry, but you are completely wrong.

    They likely have your application information when you requested the card, and if you ever made any payments to the account they will have that information as well.

    You don't seem to be disputing that it is a legitimate account of yours. If it is, it will be quite easy for them to connect it to you and win a judgment.
     
  7. zddoodah

    zddoodah Well-Known Member

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    Likely not. Debt collection agencies typically can prove their claims without the defendant's testimony.

    Show up and say what? And no, no one is going to throw anything at you in court. If your lawsuit goes to a trial, the plaintiff will call one or more witnesses -- primarily to authenticate documentary evidence that you owe the debt.

    This is a completely disjointed sentence, and I'm not sure if it's intended to be a question or what. However, I think my response to the prior sentence covers this as well.

    I would advise extreme caution with an attorney who (1) solicits potential clients in this way and (2) who uses success statistics to tout his/her services -- especially when those statistics are phrased in a way that makes them almost meaningless.

    What hearing? In the context of any civil lawsuit, there may be any number of hearings. If you're talking about a trial, you not appearing at the trial would probably not be a good idea. However, somewhere in the range of 85-90% of civil lawsuits do not go to trial.

    Showing up for a hearing or trial should be the least of your worries. Having a judgment entered against you, which could lead to your bank account and/or wages being garnished, should be a much greater concern.

    If this collection agency is suing you, I'm sure it has all the "information on [your] account" that it needs.

    I don't know what you mean by "need all transactions." The plaintiff will put on evidence that you opened the account and then present documentary evidence of all of the transactions and your failure to pay as agreed. If you're suggesting that a witness is needed for every transaction, that's not the case. Unpaid credit card cases are among the easiest for a plaintiff to litigate.

    I suggest you discuss with an attorney the possibility of settling and also whether bankruptcy is something you might want to consider.
     
    justblue likes this.

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