My situation is very similar to the one at the far bottom.
I moved from my dads place about a year ago. He received mail addressed to in my name and that I am also known as my mother's name (the credit in question was openned by me my mother did not cosign) So who are they suing? It states a summons has been filed for me to appear in court. I never received a summons. No other information came with it, I haven't recieved anything at either address other than this suspicious looking mail, so I am at a complete loss. My mother hasn't lived in the U.S. Since 2000 is retired and has no debt what so ever.
OK, here's my situation:
This afternoon I noticed some papers shoved through the side of the door to my apartment. There was no envelope - the papers were just stapled together, folded and shoved through the slit on the side of the door.
The first thing I read was:
Consumer Credit Transaction
Important! You are being sued!
I almost laughed because it seemed so unofficial. Btw, the agency's official name on the papers is 'Midland Funding LLC DBA in New York as Midland Funding of Delaware LLC.' (?)
After reading through all three pages, I realize it's a summons to appear in court because Midland (or their attorneys) are suing me for a Citibank credit card debt from a few years ago. The amount they indicate I owe is almost double of what I probably truly owe. I don't know what that is because I have not received any statements in years. I was living in New Orleans during Katrina and had contacted the credit card back then telling them that I would not be able to make payments for a while, as I did not have any idea if I had a home or what was going on. To make a long story, shorter, I ended up moving back to NYC a year later and received one or two statements from them. At that time I called them again and informed them that I had no source of income yet (I went back to school so I was a student, but that only lasted a few months because I could not afford to live), so I was still unable to pay and cancelled my card (I hadn't used it since Sept anyway.) I never heard from them again... Until now. At that time (again) the amount I owed was somewhere in the $3000 range. The court papers I received today say I owe over $8000.
The court papers also have a stamp saying 'FILED Feb 11 New York County Civil Court', but today is MARCH 7. Since the papers say I have either 20 or 30 days to respond, does that mean 30 days from the filing date? How screwed up is that!? So I have 4 days!?
Furthermore, the papers state '... The judgment will be taken against you for the sum of $8006.00 with interest on the sum of $8006.00 from 1/30/09 together with the costs of this action.'
So here are my questions about all this:
A) Where did that amount come from?
B) What does the 1/30/09 date mean and where did THAT come from?
C) Is Midland in CA, DE, or NY?
D) How can they sue me if I never entered an agreement with them - but with Citibank?
E) How can I prove that I was just served with these papers TODAY and that they did not serve me properly? (ie the papers through the door with no envelope...)
F) How am I supposed to respond to this? There is NO way I can afford a lawyer - I work part-time and struggle to pay the rent every month. I have no money for food at the moment and I have been looking for a full-time or second part-time job for a year, but in this economy, it's virtually impossible.
G) After reading tons of reports here on this 'company', I realize they are going to try and freeze my bank account because they are hoping the court will issue a judgment for my 'failure to appear' in court, being that I only got the summons TODAY! So my question is, should I withdraw all the money I have in there (all $800- big bucks, right?!) now? They can't garnish my paycheck because I work as a part-time nanny and I am paid cash - thank god.
H) I don't own anything of value - no home, car, stocks, bonds, or anything financial or of value - other than my laptop, which they will have to pry from my cold, dead hands.
H) Their lawyers (Pressler and Pressler) are suing for them, so does that mean that Midland does not have to have a license to collect debt in NYC (because they don't, btw)? And they are supposed to have a license number on the papers, which they don't. Do I call the lawyers? There is no number for Midland.
In sum, WHAT DO I DO and HOW CAN THIS COMPANY GET AWAY WITH THESE PRACTICES!?! Any help/info is appreciated. Thanks.
Ac_nyc
New York, New York
U.S.A.
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