Posted on August 22, 2008 at 8:15 am In the past I had a credit card's i went delinquent on in 2006 and now im trying to get out of debt.the biggest one is. A emerge mastercard 4500 limit now midland funding llc owns and is suing me for 5700 I have  called twice and tried to get a payment plan but they want full setlment upfront.also each time i call they give me a different number on what i owe.IM trying to avoid going to court with nothing in hand to defend myself as Im single and supporting my sister and her daughter.i Own the house we live in but I have tried to get a loan but No bank will give me one. I was served the other day.(guy just stuffed it in my mailbox and left)And have to be in court on the second.Also the letter came with a notice to defend but the letter doesnt go to the courthouse it goes to the lawer.Should i bother sending?

Posted on December 10, 2008 at 5:15 am Read the lawsuit again, the answer to defend goes to the courts not the attorney.  The courts will notify the attorney and you only have a certain amount of days to respond. Go to court most collection attorneys will try to settle in court before the hearing.  It is much easier for them to get a payment plan then it is to track down your assets. Former paralegal for collection attorney.

Posted on December 10, 2008 at 5:17 am Also the date listed on the summons is usually not your court date unless you failed to respond.  You must respond if you want to defend and the courts will usually issued another court date after they get your response.