Being Sued for $2000 from CA---ADVICE PLEASE!
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Posted by disneygirl
(68.79.203.47) on June 29, 2004 at 04:00:52:
I received a Notice of Claim on 6/26 in my mailbox. It is from Midland Credit Management as servicing agent for MRC Receiveables Corp as Assignee of Household/Orchard Bank (whatever that all means). It is for $2005.00 and I am to appear in court on July 13. I am in a panic and very depressed. I lost my job in May because there was a reduction in workforce, I will be getting unemployment soon. That is the only income I will have. I only own a house which has no equity in it. I have a joint bank account of $5500.00, $1600.00 of that is student loans (can they touch that since it is only supposed to be used for school and is a government funded thing? I need it for books, etc...) and from what I am told, since it is a joint acct only 1/2 of the acct can be said to be mine. I need the bank acct money to live and pay the mortgage and utilties. I received the claim but no other paperwork, the account # of the Orchard bank card isn't even listed anywhere. It says The claim against you is for balance due on XXX open account, nothing else. Then it says all zero's for attorney fees and court costs and where it says "plus accrued interest and/or late charges. All it says I owe is 2005.00. I have no idea how they arrived at this figure either or if it is right. I looked up my credit report and for household bank acoount it says Account Transferred or Sold, unsecured and then it says 120+ days past due. I have not paid OB for well over a year and i looked at this little chart that shows your payment history for 24 months and it showed that OB charged it off in 2/2003. Midland is also listed on my credit report as a collection account. A few weeks ago, Midland called me and demanded money, I said I could not pay them or anyone because I lost my job and they accused me of fraud and threatened me, now a few weeks later I get this Notice of claim that they are suing me. I thought about bankruptcy, but I have tons of good credit that will get ruined if I do that and I don't want to not pay my debts. I am struggling to pay everything right now, but I am at least making some payments and trying to do what is right. I am worried that Midland will win and I will lose my bank account $$. I need it to survive until I find a new job. I thought about calling them and seeing if I could pay them something, but I could really only afford about $300, but maybe they would take that over getting nothing for bankruptcy. I don't want a lean put on my house, I have never had a problem paying my mortgage abd would hate that hanging over me. Any advice would be appreciated as I am very very depressed and worried...heck I am up at 3 a.m. and its because I cannot sleep. By the way I am from Indiana. Thanks guys!
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