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Received Civil Summons Seminole Cnty FL

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t1ggerb00

Junior Member
I need some help and just don't know where to start. I received a summons this past weekend. It shows the plaintiff as Midland Funding LLC as successor in interest to Citibank. It states:

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint/petition with the Clerk of the Court. A phone call will not protect you. Your ritten response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a witten response yourself, at the same time you file your written response to the Court you must also mail or take a copy of your written response to the Plaintiff's Attorney named below.

I'm assuming this is just requesting an answer back from me but this is not notification to appear in court? I sent a letter to the clerk of court, the collection company noted and the attorney noted...Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. I requested information like:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my state;
• Provide me with your license numbers and Registered

I had also contacted a non-profit consumer credit agency previously to handle all my debts and they have worked up a payment plan for all my unsecured debts including this one. If I have initiated a payment plan which includes this debt I was served on, would the debt collector be likely to cancel the law suit? I'm afraid of losing my home, car etc. and not sure where to turn for assistance. I don't qualify for legal aide.
 
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TigerD

Senior Member
If you do not file a proper legal answer, you will lose the lawsuit.

The time for playing validation games is long past.

You can safely bet that the collector is not going to accept any payment plan that doesn't involve a judgment at this point.

DC
 

annajosie

Member
If you own a home in Florida, you have homestead exemption. An unsecured creditor cannot take your home. If and when they obtain a judgement, they may be able to put a lien on your home, but they cannot force you to sell it.

They can take your car, depending on the value and if you are financing it. They can garnish your wages if you are not HOH.


Sounds to me like they are going for the judgement, so prepare yourself. Show up in court and learn about the exemptions you can use against judgement creditors.

JMHO
 

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