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KPete14303 last won the day on November 25 2015

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  1. Thanks @texasrocker - I'll draft up a motion and post it for feedback before I file it.
  2. @texasrocker - got the attached from Midland yesterday. In reading through it seems to me that they are still trying to bluff their way through things, but I'd like your perspective as well. In many areas they are admitting they do not have the original agreements from Citibank, and their new evidence (exhibit 2) sheds no new light in my opinion, because it is so redacted that it proves nothing. As for next steps, do I need to request additional discovery from them to get answers for the questions in which their answers seem inadequate? Or should I be on the lookout for a court date notification? If I am understanding the civil procedures book correctly, it seems like next steps would be a court date unless I follow-up with additional requests for information. Still having trouble with the uploader, but the files can be found at this Dropbox link - Appreciate your help with all of this, as it seems like they are starting to grasp at straws a bit. *edited to provide more clarity on why I think Exhibit 2 is not relevant
  3. @texasrocker - got the attached in the mail and wanted to make sure I am not missing anything and do not need to respond. The affidavit doesn't include any specific information about the account other than the account number and the date of the supposed sale, which was already provided in the other documentation. The other exhibits they include were in the original packet I received when I was served and provide no real information other than the date of sale. Based on my readings from the civil law book and the research done reading other posts, I am thinking I do not need to respond to anything and am still awaiting a response to my requests for discovery sent in late November. I am interpreting this as another attempt at intimidation into a settlement, as the affidavit was taken before I responded to their discovery and before I sent mine. Edited - Having problems getting the attachment to work - here is a dropbox link
  4. Thanks @texasrocker- I'll take a look in the morning and let you know if I have questions but at first glance this looks awesome! You're the best. Between your guidance and the civil procedures book, I've learned a ton during this process!
  5. Thank you! I have not sent discovery to them yet and will review the document you provided and let you know if I have any questions. Thank you so much for your help with this
  6. @texasrocker - I received the attached request for Discovery from Midland's lawyers yesterday. From what I have read in the civil trials book and what I am reading here, the best way to go forward is to deny the requests for admissions, is that correct? Also, on their interrogatories, I am assuming I should deflect on those as well since I have not received anything that makes it clear to me that the debt is actually my own. Any guidance you or others may have would be appreciated. Scanned-image-8.pdf
  7. @texasrocker - thanks for putting me at ease. The statement I referenced is a signed doc saying that Midland purchased the debt from citibank but at the same time it doesn't state any amounts or mention my account specifically (although my account is called out on page 8 of the attachment I posted earlier) We shall see I suppose. Thanks again for your help and I will let you know what the response is.
  8. I submitted my letter today at the courthouse today and have mailed the letter to the lawyers with delivery receipt request as well. I am a bit worried that the letter states there is no allegation as to who was the seller of the debt, however Midland did turn over a statement saying they bought the debt from Citi. But, as @texasrocker says - you have to make them get off of their butts. Thank you very much @texasrocker for the assitance on all of this. Is there anything I need to take care of at this point or am I just awaiting a response from Midland's lawyer?
  9. Thanks @texasrocker! Really appreciate it. So I will create the letter today and take it to the courthouse to get my formal response submitted tomorrow. I will send the letter with a read receipt and then Midland has 20 days to respond to me, correct? If they don't, then they essentially forfeit, correct? Just want to make sure I am clear on the next steps. I ordered the book from the link posted but have been reading so many different boards/blogs that I want to make sure I have my facts straight.
  10. Thanks all - I should have noted this is in County Court. @texasrocker - post #10 in that thread doesn't have an red within it - is there another post you may have been referencing? Apologies for the delayed response, my internet at home is down so I have to respond from work
  11. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael James Young P.O. Box 460568 Houston, TX 3. How much are you being sued for? $1900 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy Card) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Texas, Travis 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2013 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days from serve date which was 8/25 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. All are included in the attachment with the exception of a Credit Card statement from Best Buy Lawsuit_Redacted.pdf Looking for some help with my guidance letter. Based on what I have seen from other posts on this forum I know I need to keep it short and respond to their allegations line-by-line but not sure how to proceed much further