Consumer Warrior

Once the initial shock and panic of being sued by a debt buyer wears off you probably have thought to yourself, “now what in the world do I do!?”  Well, as I have mentioned in prior articles, you must act.  Doing nothing will result in wage garnishment and all kinds of additional financial problems.  If a debt buyer has sued you, your first step is to put together a response to their complaint.

Before we get into the nitty gritty of how you actually draft your response it is helpful to go over what various documents contain and what they are called.  At this stage you likely have two documents, the Complaint and Summons:

Summons:     The Summons is the document that should have been served on you by the process server when they originally dropped off the lawsuit.  This document is important because it will tell you exactly how many days you have to submit your response to the court.  Once you get the Summons make sure you write down on your calendar when the deadline is to respond.  You don’t want to miss this deadline! [Read more...]

Not a day goes by that I don’t get several calls or emails from people that have been sued by Midland Funding, one of the largest debt buyers in the nation.  Most find me through past particles I have written on the subject of debt collection lawsuits – particularly those involving Midland Funding.  I write these articles to provide not only information but real world examples of how you can actually win these types of lawsuits.

Recently I had a client whom I represented in a trial against Midland Funding.  When the day of trial arrived I sat there in an empty courtroom waiting for the judge to start the proceedings.  A few minutes before the trial was about to begin the attorney for Midland Funding walked in alone. [Read more...]