[LadyB]

I want to state up front we tried to settle/pay/negotiate this debt with the original creditor several years ago, in 2002, and at that time they were unable to find our file or verify the debt. We tried to get it removed from our credit report based on it being unverifiable, but it didn't work, and it didn't hamper our abilities to get loans etc. so we just forgot about it.

According to a credit report from about 2005 the original creditor had written it off in 2001 and last activity was in 2000. A more recent credit report from 2007 shows Midland owning the debt, with a completely wrong amount and a different date of last activity, in 2002.

Suddenly in October 2007 Midland sent us an offer of a new credit card that would absorb the old debt. We ignored the offer, but wondered how our debt was found to be sold, but couldn't be found to be paid 4 years ago.

Now they have filed suit against us each separately in small claims court. We weren't properly served as they have my address listed in my previous state, and my husband listed on our current state at the correct address (we aren't divorced, we live at our new address, I have a DL etc. here so I don't get it), No idea why we haven't been served on him yet, mine was obviously returned as it was sent to the wrong address. We received several solicitations from attorneys wanting to represent us, which is the only reason we even knew about it. I went down today and accepted service to get it taken care of, I didn't want them getting a default judgment because I don't read newspapers in a state I left 2.5 years ago or whatever they were trying to pull.

All that being said, I have no intention of paying Midland. I would have paid FCNB but they couldn't find the file.

So, I have a form I am supposed to use to respond and it has 4 choices; one for transferring to the correct county (not applicable), two for accepting part or all of the debt and consenting to a judgment, and one to deny responsibility completely. No grey areas! There is then a tiny space to write your reason for denying responsibility or not accepting the entire amount.

If I plan to use the defense of an expired statute of limitations, do I mark that I deny I am responsible? Should I also file a motion to dismiss?