You are in a tough place, going up against an original creditor for $55K. For that amount of money, I am surprised they haven't called you more often. Your only option is to settle or file for bankruptcy. If you want some free consults with a BK lawyer, go to www.consumeradvocates.org.
I want to go down the MTC route- i have tried to look online for rules of filing a MTC in WA state and how to go about. I couldn't find anything. Do you know if I can answer and file the MTC within the same document? If so, how do i answer to the summon correctly?
This is the Complaint:
IN THE DISTRICT COURT OF THE STATE OF WASHINGTON FOR SNOHOMISH COUNTY SOUTH DIVISION
Midland Funding, LLC
Plaintiff alleges: BREACH OF CONTRACT
1. Plaintiff is a limited liability company, which for good and valuable consideration purchased Defendant's Synchrony Bank/Gap credit account and contract and all of the associated rights thereunder.
2. Plaintiff has satisfied the bonding requirements and is a duly licensed collection agency pursuant to RCW Chapter 19.16. A true copy of said license is attached hereto.
3. Defendant, an individual residing in Snohomish Country Washington, entered into a contract with Synchrony Bank/Gap for a credit card account. The credit account was issued to Defendant under the account number *************4712.
4. Synchrony Bank/Gap supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees.
5. Defendant thereafter used the credit account and became indebted to Synchrony Bank/Gap.
6. Synchrony Bank/Gap performed its obligations under the terms of the contract.
7. Defendant breached the contract by failing to make payment(s) as agreed. As a result, Defendant's credit account was charged off for delinquency on October 27, 2014.
8. As a result of Defendant's breach, Defendant is indebted to Plaintiff in the sum of $1267.70. Plaintiff is also entitled to actual costs and disbursements.
WHEREFORE, Plaintiff prays for judgement against Defendant as follows:
1. The sum of $1267.70;
2. Plaintiff's costs and disbursements incurred herein.
Dated this 28 day of November, 2016.
"Defendant became indebted to plaintiff within the last four years because an account was stated in writing by and between plaintiff and defendant and which it was agreed that defendant was indebted to Plaintiff within the last 4 years....This cause of action is based upon account number XXXXXXXXXXXX0073 for the sum by which defendant has been unjustly enriched by virtue of defendant receiving monetary or other benefit by defendant knowingly requesting the funds at issue and or accepting the benefits bestowed. It is inequitable for defendant to retain said benefits without repaying plaintiff the value thereof.....Other: For such other and further relief as the court deems just and fair"