wetegg

Members
  • Content Count

    4
  • Joined

  • Last visited

Community Reputation

0 Neutral

About wetegg

  • Rank
    Newbie

Profile Fields

  • Location
    ky

Recent Profile Visitors

82 profile views
  1. Original creditor Synchrony bank..Being sued by BW 30,LLC. Thanks.
  2. Had a debt (8k) go to collections was sent a collections here is a simple timeline. "Oct 20th 2016: received notice from Stenger & stenger November 7th 2016: mailed validation and cease and desist letter cmrd. 8/16/2018: received civil complaint 20 days to respond. 9-4-2018 mailed and filed response." Did not acknowledge debt was mine Just got a letter in the mail about a MTJ this Friday the 27th. I think this is their last attempt quickly because the statue of limitations runs out in Oct per a statement included show last payment activity Oct 3rd 2014. I live in Ky and can't find any specific laws on statue of limitations but from previous cases should be 5 years. Any tips for this Friday would be great! Should I go ahead a file a MTD on behalf of Statue of limitations? Thanks!
  3. 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.) Lloyd & McDaniel) 3. How much are you being sued for? (1k) 4. Who is the original creditor? (if not the Plaintiff) (Synchrony/Walmart) 5. How do you know you are being sued? (You were served, right?) (YES) 6. How were you served? (Mail, In person, Notice on door) (Person) 7. Was the service legal as required by your state? (yes) Process Service Requirements by State - Summons Complaint 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? Kentucky 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) (09/2014) 11. What is the SOL on the debt? (NO) 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). 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 that plaintiff owns the account and amount due who original creditor was. original account number with only the last 4 digits showing that I'm indebted to the plaintiff proper venue plaintiffs cost and any other relief to which the plaintiff may be entitled. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. (statement with only my name no address. Bill of sale for the debt with most of it blacked out and a affidavit from one of their employees.) I am just trying to determine my best plan of defense or attack that i should take. I plan on filing my response tomorrow with a denial or lack of knowledge for the answers except who the original creditor was.. I have been doing a lot of reading and just a little unsure of the next steps I should take or take them. When I file my response do I need to also include my affirmative Defense? Also what would be my best defense? challenge Midland in they actually own the account? Challenge no original contract was included, or try to go thru the JAMS process. \Thanks for any info and guidance!