I was served on yesterday by a process server. I have read a lot and I'm confused because the Law office included the original credit card agreement which has an arbitration section in it as well. Don't they have to go through arbitration first????
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.) *, P.C.
3. How much are you being sued for? $715.09
4. Who is the original creditor? (if not the Plaintiff) Credit One Bank
5. How do you know you are being sued? (You were served, right?) Process server gave me a summons
6. How were you served? (Mail, In person, Notice on door) In person, process server
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 that I am aware of.
9. What state and county do you live in? Mississippi, Harrison County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Paperwork says 6/24/2014
11. What is the SOL on the debt? 3 years
12. What is the status of your case? Suit served? Motions filed? You can find this by 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). Recently served.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, More than once
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? 30 days to respond. They claim I am indebted to them for the amount listed above. No interrogatory.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit , legal officer from Midland Funding and MCM, Credit One Bank Affidavit, Ack of signature, Certificate of Conformity, Bill of Sale and Assignment from MHC Receivables, LLC, Affidavit of Sale from Credit One, another cert of conformity, another Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, another cert of conformity, a database printout of the account with my name, social, etc, 2 bill copies from January 2015 and February 2015, Credit One Bank card holder agreement, letter from Finkelstein.