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About ktxzink

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  1. Thanks for the replies! I went ahead and ordered the book:) I'm going to go file my answer sometime this morning, anyone care to look it over? I hope my formatting isn't too horrible. Also, I noticed in the "Grounds for Dismissal for Lack of Standing" part it states that there is no allegation or statement as to who was the seller... In my citation under facts, it stated that Defendant opened the account w/ Synchrony Bank on or around etc. Should I omit that part or just leave it? @texasrocker Original Answer2_Redacted-2_Redacted.pdf
  2. Hi All, I'm being sued by Midland Funding in Parker County, TX. I was served, or I should say my parents were served on Tuesday night. I've searched and read a lot of useful information on here but I wanted to be sure to file the right answer and not look like a fool. I found a few on here that are similar to mine but i'm not sure which direction to take on it. Any advice would be greatly appreciated:) Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Katharine Allen 3. How much are you being sued for? $1,744.37 + "all costs of suit and all other relief, in law and equity to which plaintiff may be entitled" 4. Who is the original creditor? Synchrony Bank (Amazon.com Store Credit Acct) 5. How do you know you are being sued? Citation 6. How were you served? Sheriff served my parents 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? Parker County, TX 10. When is the last time you paid on this account? 07-25-14 11. What is the SOL on the debt? Within the SOL 12. What is the status of your case? Suit served? Motions filed? It was still listed as unserved when I looked it up on the night of. I haven't re-checked yet, 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? No. 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? Breach of contract, account stated, damages. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? I attached the citation, the only that was included was a bill of sale from Synchrony Bank, an Amazon billing statement and a field data sheet with my information on it and blacked out account numbers.