WhyChat ? regarding Midland/summons/not served
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Posted by Albatross
(66.177.92.216) on July 18, 2004 at 21:02:41:
I need your help with an old Providian account. The account is 3.5 years old and not past the sol. I have lived in FL for 5 years where the SOL is 4 yrs on an open acct. The debt is owned by Midland Credit Management now and is near $7000. I cannot afford to pay. They have decided to sue me in a court in Indiana. I asked them to validate the debt in Nov 2003 and they sent me an insufficient reply (copies of CC statement) to my address in Florida, so they have my current address and I have the letters to prove it. I don't believe MCM is licensed or bonded in Florida and could possibly be the reason they haven't tried to sue me here. The summons was left at my parents’ house. The server left the summons stuck in the door. No one signed for it. It says I have 20 days to file an answer. The summons has a cause #, court name, address, clerk signature. It does not tell me who to file the answer with and there is no court seal or stamp on it that I can see. I am not sure what my options are at this point. Should I just ignore the summons and act like I new nothing about it, hoping that when the SOL is up I can get the judgment vacated on the basis that I wasn’t served? Should I answer, stating they never properly validated the debt and request a venue change to FL, knowing they can’t legally collect in the state of FL. I will gladly supply additional information at your request. If email or PM is easier, we can do that. Any and all help is very much appreciated.
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