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Lainey

Here again thanks to husbands job loss, possible lawsuit?!

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I was a regular member of these boards years ago and we got our credit cleaned up and bought a house! Unfortunately my husband lost his job unexpectedly 2/16 and was out of work for a year and a half! Everything was charged off and went to collections and we were able to hold onto our home because of a program here in SC.

 

I got a letter from a collection attorney recently. Its still within the 30 days. Do I validate this just like I would with a Coll agency? Im worried that they are planning something. I received an ad in the mail today for a bankruptcy attorney and we have never received one of those before and Im very nervous!

 

We dont need this. On top of a job loss, we lost a baby during that year and a half. The past two years have sucked!!!

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***Edited to add***

I just did a search through the county magistrate's office and I did find a pending suit in my husband's name for this account. He has not been served. What do we do? Where do I start?

 

The advantage to finding a pending suit is that you can start your work before service is even perfected. In some jurisdictions, the pleadings are imaged and viewable online. Even if they are not, you still know who filed and who they filed on behalf of, which gives the head start on common things to expect...

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***Edited to add***

I just did a search through the county magistrate's office and I did find a pending suit in my husband's name for this account. He has not been served. What do we do? Where do I start?

 

The advantage to finding a pending suit is that you can start your work before service is even perfected. In some jurisdictions, the pleadings are imaged and viewable online. Even if they are not, you still know who filed and who they filed on behalf of, which gives the head start on common things to expect...

 

 

I'm reading as fast as I can and am so lost as to where to begin. The CA filing suit is Midland and I found in another thread a similar situation, and apparently Midland has a "consumers bill of rights" which says "We will suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues." and this applies to our situation!

 

Do I draft a letter to the attorney explaining this and our situation and ask that Midland dismiss the case? This sounds completely ridiculous even as I write it, but it is basically what was suggested in the other thread.

 

Do I let them know that if it's not, then I will request arbitration (the original agreement had an arbitration clause, I've already checked)?

 

Where in all of this do I validate? I never got a chance to do that. Things have been such a whirlwind around here with our son that things just piled up. It was only today whenever I got that letter in the mail that I went digging through trying to find what they were talking about.

 

Irresponsible? Probably, but life has been overwhelming this past year and a half, to say the least! I feel like I'm drowning!

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***Edited to add***

I just did a search through the county magistrate's office and I did find a pending suit in my husband's name for this account. He has not been served. What do we do? Where do I start?

 

The advantage to finding a pending suit is that you can start your work before service is even perfected. In some jurisdictions, the pleadings are imaged and viewable online. Even if they are not, you still know who filed and who they filed on behalf of, which gives the head start on common things to expect...

 

 

I'm reading as fast as I can and am so lost as to where to begin. The CA filing suit is Midland and I found in another thread a similar situation, and apparently Midland has a "consumers bill of rights" which says "We will suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues." and this applies to our situation!

 

Do I draft a letter to the attorney explaining this and our situation and ask that Midland dismiss the case? This sounds completely ridiculous even as I write it, but it is basically what was suggested in the other thread.

 

Do I let them know that if it's not, then I will request arbitration (the original agreement had an arbitration clause, I've already checked)?

 

Where in all of this do I validate? I never got a chance to do that. Things have been such a whirlwind around here with our son that things just piled up. It was only today whenever I got that letter in the mail that I went digging through trying to find what they were talking about.

 

Irresponsible? Probably, but life has been overwhelming this past year and a half, to say the least! I feel like I'm drowning!

 

Once sued, conventional notions of 'validation' go out the window. it is now called 'DIscovery.'

 

Remember also that, since they are represented by counsel, communications go through their attorney. The same would hold true if OP were represented by counsel.

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Where are you in S.C. ?

How much is the debt ?

Who is the OC ?

The debt is approximately $600.

OC is Comenity Bank (Overstock.com)

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Wow I am just shocked that Midland is suing over $600.

 

I owed them way more than that at one time, around 70K, they had purchased almost all my CO's and they never sued me.

 

It was a rough time of life for me then (really ugly long divorce). No where near as rough as what you are going through. And Midland never sued me and I didn't file BK; I was judgement proof. They did call quite frequently until I sent them a C&D but never filed on me. There was nothing for them to get. I was basically homeless and since I had been a homemaker since college I had no job and no work history.

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