I was served a summons for credit card debt on January 24, 2014 , the summons is dated January 16, 2014. What should I do?

You can certainly attempt to settle this matter by contacting the collection agency's attorney directly. However, it is probably best that you also file a response to the lawsuit in order to avoid having a default judgment entered against you. You should get help with this from an attorney in your area.

You can contact the attorney whose naame is on the papers ut to protect yourself you should file and serve an answer on he other side denying any liability for the debt. Midland is not the most reputable outfit and may lack the documentation to support a showing of entitlement to the money. If you do some research on-line you will find more information about fighting this type of lawsuit. Debt colletors like Midland depend on people not fully understanding their rights and what a debt collector must prove, defaulting on the lawsuit and so many consumers lose their case without ever fighting it.

You should put in a legal form called an "answer." If you don't know how to do so, you can go to the pro se office in Brooklyn or a volunteer organization called CLARO which is made up of free volunteer attorneys. I volunteer for CLARO in Staten Island and I think you will find that they do a great job helping people in your situation. I have inserted a link below. Even if you just want to pay, they may be able to help you get a discount or a payment plan.

Consider using the money you want to give them to pay a bankruptcy lawyer for a consultation. You can win these types of lawsuits but you need reliable advice for how to deal with this and all your debts.

Firstly, you should NOT ignore the summons, things will only get worse. Secondly, you can call them to settle but be aware, whatever settlement you reach will probably be in their favor. I have written about this issue here: http://nahoumlaw.com/should-i-settle-my-debt-collection-lawsuit-and-for-how-much/. Thirdly, if you do settle, pay close attention to what you sign, debt collectors are a tricky bunch. I have written on the issue here: http://nahoumlaw.com/dirty-little-debt-collection-secrets/. Finally, Midland Funding is a debt buyer, debt buyers usually don't have the evidence they need to prover their cases. I have written about that here: http://nahoumlaw.com/why-do-debt-buyers-have-trouble-proving-their-cases/, http://nahoumlaw.com/sued-by-midland-funding-llc-in-new-york-or-new-jersey/. You should at least consult with an attorney on your options. Most debt defense attorneys don't charge for consults.

DO you have any additional debt beyond this? You should consult with a bankruptcy lawyer that offers a free initial consultation. If bankruptcy is not your best solution, try contacting Legal Aid to see if you qualify for representation by one of its lawyers or contact NEDAP for advice on self-help defense of this matter.