Summoned but collection agency did not file complaint after ten days
My husband was served from Midland Funding 11 days ago and they have not filed a complaint yet. When I call the court house they tell me to call back after 13 days. We did answer this summons the very next day with my husband's answer, certificate of service and notice of appearance. We sent certified validation letters but as I have read they do not have to respond to those. My question is, according to Utah state laws they must file their complaint within ten days or the case should be dismissed. So if this is true how do I make sure this does get dismissed so they cannot serve him again?:confused:
Request for pretrial conference, now what?
My husband is being sued by Midland Funding. We answered the summons and sent for validation of debt. He just got some paperwork in the mail from Bennett & Deloney and I am not sure what I do next. Please help! They have sent my husband a letter that states, per your request you will find documentation providing verification of the debt. Attached to this is an affidavit in support of judgment. It reads as follows:
BEFORE ME, the undersigned authority personally appeared and personally known by me, this day, and who after being duly sworn deposed and says as follows:
1. That I am a competent person over eighteen years of age. I am employed by Midland Credit Management, Inc. servicer of this account on behalf of Midland Funding, I make the statements herein based upon my personal knowledge. Midland Funding is the current owner of, and/or successor to, the obligation sued upon.
2. That Midland Funding predecessor in interest sold and assigned all right, title and interest in the defendant's (original card holder and account number were stated, as well as Midland's account number for this)to Midland Funding. In the ordinary course of business, Midland Funding purchases charged-off credit accounts, installment acounts andor other credit lines.
3. That the scope of my job responsibilities in cludes the oversight of credit accounts maintained by Midland. Blah, blah, blah (talks about the persons duties)
4. That based upon my personal knowledge of MCM, Inc's business records and the practices for servicing of the credit accounts of Midland the contents of this Affidavit are true and correct. If called upon and sworn to testify herto, I could and would so competently testify thereto.
5. That in addition to the foregoing, Midland maintains, as a regular practice of its business, computer records of activity on its accounts, including payments received, amounts owing on such accounts, credits and offsets. Etc, etc...
6. (This paragraph gives the just and true balance on account).
7. That demand for payment of the just amount has been made more than 30 days prior hereto and payment for the amount owing has not been tendered. There is no record of any legitimate dispute by the accountholder.
8. That all documents attached hereto are certified to be correct originals of true and correct copies of the originals, being reproductions from the records or being evidence to establish the contents of a lost or destroyed document or computer transactional records. I declare under the penalty or perjury that the foregoing is true and correct.
9. That upon information and belief, based upon business dealings with the defendant, that defendant is /are not and infant or incompetent person and that defendant is not in the military service and is not entitled to the rights and privileges provided under the Solders and Sailor Civil Relief Act of 1940, as amended.
Then at the bottom there was a copy of a signed signature. Then it said it was notarized, also just a copy.
The pages that follow are a copy of the cardmember agreement.
No signature from my husband, nothing that would really prove it is his other than the account number. The next piece of paperwork that came was a request for pretrial conference, no date just request. What does this mean and what do I reply? Can I write back saying that was not proper validation and request proper validation? Thanks again.
