Being Sued by Midland Funding

iVillage Member
Registered: 10-11-2011
Being Sued by Midland Funding
Tue, 10-11-2011 - 3:19am
I am being sued by Midland Funding for $4,200. I was served with a document and I have 30 days to file a motion. From everything I've read I should file the motion or they automatically get the judgement. The problem is that I don't dispute the claim I just couldn't afford the payments they wanted me to pay. The amount I owe is $4,200 and they wanted me to pay $1,000 down and $300 a month. I can only afford to pay $100 a month. I am not sure what to do at this point. If I do file the motion won't I have the same outcome I would have if I do nothing? I would really like to have a payment plan but I don't see why Midland would be motivated to work with me. Any advice would be appreciated.

Community Leader
Registered: 07-26-1999
Tue, 10-11-2011 - 8:30am
No, you won't have the same outcome. If you do not file something with the court they will be able to get a garnishment for the payments they want from you which could could be attached to any income you have. They can very well add on more fees and interest that could make the final judgment significantly higher than the $4200. If you file an answer with the court, and then go in and explain to the court that you don't dispute the charges, but are unable to make those payments, the courts will be more willing to work with you and get an agreed on paymen plan for you. It is never a good idea to ignore a court summons, even if you agree with all the charges.