Legal Question in Credit and Debt Law in Arizona

My wife and I were served a summons from the Plaintiff's lawyer saying we owed them money on a credit card debt. We never heard of the Plaintiff and think they bought the debt from CitiBank. They also sent me something in the mail about a default judgment saying that I failed to respond to their summons. I live in a different city from where the original summons was served. The Plaintiff in this case is Midland Funding.

Asked on 6/25/11, 8:01 pm

2 Answers from Attorneys

Richard Groves Law Office of Richard Groves

Midland Funding is a debt buyer. You are correct that they have purchased a delinquent debt from a credit card company that you owe. It is important for you to keep in mind that it no longer matters if you owed the original credit card company....the key to you defense is whether Midland can prove that you owe THEM.

If you were personally served, it doesn't matter that you reside in a different city. If you were not served personally, then you may have a defense.

Once you were served you only had 20 days to answer. If you don't respond, Midland will get a judgment against you...DON'T LET THAT HAPPEN.

Contact a consumer attorney at once, and provide him with the all the documents that you have received, and seek his advice as to what to do next.

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Answered on 6/25/11, 8:56 pm
Scott Hyder Law Office of Scott W. Hyder, PLC

If you owe the money, then they can get a judgement. If you file an answer, it may delay things, but a judgment is still likely in the long run. There may be an evidentiary problem because the only evidence they have that you own the debt are your credit card statements. But such statements may be hearsay unless Midland can get someone from the original credit card company to authentic them.

Depending on your other debts, you may consider filing for bankruptcy. I would consult with a bankruptcy lawyer.

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Answered on 7/12/11, 5:53 pm

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