Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless. Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet.
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.)
Law Office of Stephen P Lamb
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Synchrony Bank (Walmart credit card company...)
5. How do you know you are being sued? (You were served, right?)
I was served by a little punk in a 'daddy bought me' truck
6. How were you served? (Mail, In person, Notice on door)
At my front door by a dipshit
7. Was the service legal as required by your state?
I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank...
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?
I've had no contact with the debt collector. I don't answer my phone.
9. What state and county do you live in?
Craighead County, Arkansas
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Payment of 50 on 9/12/15
11. What is the SOL on the debt? I don't know what that means.
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).
I don't know. I'm reaching out as my first line of defense.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company.
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.
I don't even know what that means
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?
I see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They have the statements attached to the back of the packet.