What is the name of your state? Missouri
I have read through the forums and tried to obtain information but because of state specific rules and being very new to these circumstances I will post my situation in hopes of gaining some ground in taking care of this problem.
I was sent a letter from Midland Credit Corp. some months stating I have a credit card debt they have taken on to collect (original creditor was Discover) Soon after the phone calls began. I sent them the form letter (certified mail) stating I wanted validation of debt. The letters and calls dropped off suddenly and no validation was ever sent. I thought that was the end of it.
Now I have discovered, because of a solicitation from a bankruptcy attorney that they have filed a breach of contract case against me. I looked it up in my county court and sure enough there it is. So the panic began and I looked more thoroughly into the situation. A summons was sent out to me but was returned non-est. First question, what does that mean “non-est”? I live in Missouri so does the summons have to be delivered personally? I have read the regulation for Missouri on that but it is rather confusing with all of the legal jargon. I have looked into the SOL into my state (5 years) and I am 2 to 3 months away from that SOL. Is there a stall tactic I can use to prevent any judgment until that time? Will they pursue this further if a summons was unable to be delivered personally to me? If and when I get a summons what can I expect in a settlement offer (last resort), 10 cents on the dollar? Should I retain a lawyer to help me in court? I know in traffic court if you don’t have a lawyer present in a not guilty plea the judge inevitably throws the book at you, so that is a concern. I know I am asking a lot of questions but as I said I have not done any of this before and I am trying to empower myself with as much knowledge as I can. I need to build up my credit and get it straight. I have not had a credit card in nearly 5 years and need to see about buying a house and staring a credit happy life. Any help that anyone can provide would be greatly appreciated.
Thank You.
I have read through the forums and tried to obtain information but because of state specific rules and being very new to these circumstances I will post my situation in hopes of gaining some ground in taking care of this problem.
I was sent a letter from Midland Credit Corp. some months stating I have a credit card debt they have taken on to collect (original creditor was Discover) Soon after the phone calls began. I sent them the form letter (certified mail) stating I wanted validation of debt. The letters and calls dropped off suddenly and no validation was ever sent. I thought that was the end of it.
Now I have discovered, because of a solicitation from a bankruptcy attorney that they have filed a breach of contract case against me. I looked it up in my county court and sure enough there it is. So the panic began and I looked more thoroughly into the situation. A summons was sent out to me but was returned non-est. First question, what does that mean “non-est”? I live in Missouri so does the summons have to be delivered personally? I have read the regulation for Missouri on that but it is rather confusing with all of the legal jargon. I have looked into the SOL into my state (5 years) and I am 2 to 3 months away from that SOL. Is there a stall tactic I can use to prevent any judgment until that time? Will they pursue this further if a summons was unable to be delivered personally to me? If and when I get a summons what can I expect in a settlement offer (last resort), 10 cents on the dollar? Should I retain a lawyer to help me in court? I know in traffic court if you don’t have a lawyer present in a not guilty plea the judge inevitably throws the book at you, so that is a concern. I know I am asking a lot of questions but as I said I have not done any of this before and I am trying to empower myself with as much knowledge as I can. I need to build up my credit and get it straight. I have not had a credit card in nearly 5 years and need to see about buying a house and staring a credit happy life. Any help that anyone can provide would be greatly appreciated.
Thank You.