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  1. #1

    Default Getting Sued by Midland Funding LLC

    My question involves collection proceedings in the State of: South Carolina. A local attorney sent me a letter saying it APPEARS through public record that Midland Funding LLC has filed a suit against me in Pickens County even though I live in an adjacent county. I"ve never gotten a summoms.

    I've been severely injured two different times that caused me to be out of work for 2 surgeries and 5 months no work the first time. After 2 years the other injury happend. ICU for 8 days, several surgeries from broken hip sockets. broken pelvis 3 places, broken L1,2,3 and C7 vert so I've been out of work obviously. Also not to mention that my self-employed wife is diagnosed with lupus so her work isn't exactly steady.

    I know this is too much info but I just need to vent every now and again.

    I had all the credit cards under control until the first accident. I tried to call them to see if they had a plan for people like me. People that were having trouble but could be back up on their feet with a little time if the cc company didn't try to gouge with late fees and astronomical rate increases. Well they didn't seem interested in working with me at all. They kept exponentially going up with the late charges and finance rates so as even when I went' back to work, I couldn't pay the minimum balace. So by then I had a card that I'd charged maybe $2000 on (had a $2500 limit). The bill they send now says some outside company Ive never heard of wants me to send them $9500.

    My SOL has got to be getting close but I don't know how to tell when I paid last.

    Any help would be greatly apprecitated. Should I send the Debt Collector Disclosure Statemend cert. mail sig. required or is it too late?

    Thanks!!!!!!!!!!

  2. #2
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    Default Re: Getting Sued by Midland Funding LLC

    By "Debt Collector Disclosure Statement" you mean a request for validation under the FDCPA? That isn't going to make a lawsuit go away (assuming one has been filed). Also, if the lawsuit was filed in advance of the running of the statute of limitation, the lawsuit is timely. (In some states they must make a reasonable effort to serve you before or within a reasonable time after the expiration of the limitations period.)

    Was the letter you received from a lawyer offering to (allow you to hire him to) represent you in the lawsuit? If so, I expect that you'll find that a lawsuit was filed and there's probably a process server charged with serving you with the summons and complaint.

    If this is the whole of your debt, $9,500 isn't insurmountable for most people, even after a serious setback like you've suffered. But if it's the tip of the iceberg it may be time to consult a bankruptcy lawyer.

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