Hello, My name is Nicole and I have been sued. My first thought was to do nothing but as I began to research options I came across this site and actually found hope. It has been so helpful to read so many people stories, and the outpouring of help and support without judgment. Thanks in advance for any help.
Well here I go I received a summons in the mail along with what looks like a document from the court notifying me I have been sued. The two letters are from the same sender according to the Pitney Bowes postage. One document shows a filed stamp dated Feb 07 2018, The Pitney Bowes stamp on one letter has a date of Feb 15, 2018 and a postal stamp dated Feb 20th. The other letter has no Pitney Bowes date stamped or postal date stamp.
I was never served no one rang my bell I work from home so I am home all the time. I would have answered the door honestly how would I know if someone rang my bell they wanted to serve me. So I have not avoided anyone. I filled out the list of question I found on this site I hope this helps someone to help me. Thank you.
If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):
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.)
Pressler and Pressler LLP
3. How much are you being sued for? $5,021.62
4. Who is the original creditor? (if not the Plaintiff) Citibank, NA Sears Mastercard
5. How do you know you are being sued? (You were served, right?) I received two letters in the mail one says compliant the other looks like it is a letter sent from the courts. Both letters are from the same sender the Pitney Bowes postage is the same.
6. How were you served? (Mail, In person, Notice on door) I do not believe they tried to serve me I work from home and no one rang my bell, I would have answered. I show that they filed the summons on 2-7-2018. I received both documents at the same time 2-26-2018 it is possible it was in my mail but I didn’t check until Monday morning. However, according to the postal date stamp the letter with the summons has a Pitney Bowes time stamp of 2-15-2018 but the postal stamp says 2-20. I believe they sat on this a few days before mailing. The letter that appears to have come from the court has no postal time stamp and the Pitney Bowes postage does not show a date.
7. Was the service legal as required by your state? According to New York law they were suppose to make 3 attempts before using an alternative method. I do not think they tried and there is nothing in the letters I received that shows they tried.
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 have received numerous letters but never responded )o:
9. What state and county do you live in? New York, Kings county
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The document says 12-14-2015, I honestly have no clue.
11. When did you open the account (looking to establish what card agreement may be applicable)?
I honestly do not know I don’t even remember opening this card. I did have a sear card when I brought a refrigerator, stove and dishwasher but I paid that off years ago. I haven’t gotten anything else from sears. I never closed the card I just never used it. A few years back my personal info was stolen and a few credit card, bank account and utilities were opened in my name. Someone even changed my address to my drivers license and had my driver’s license sent to a different location. I fought with those accounts for years in most cases I was told it is me and the CC companies would not listen. I submitted my police report and they listened but the accounts would continue to appear on my credit and collection agencies would continue to try to collect on those accounts. I would have to start all over after a few times the creditors and collection agencies began to tell me my attempts were frivolous. I then lost my job and the accounts I truly had become delinquent. Creditors were coming left and right. I could not handle it and just stopped answering the phone or opening the mail. With that being said I do not know if this is from the fraud or from me. Sorry for the rant I feel so defeated and ashamed but I know I have to fight, so hear my truth.
12. What is the SOL on the debt? To find out: I believe the statue in New York is 6 years.
Statute of Limitations on Debts
13. 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 went online and I see that a civil suit has been filed I do not see a status.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I am sure I have but am unsure of this specific debt they did not send anything in the letters only the last 4 of the acct number. I have had the bureaus remove several accounts but they put them back on and sometimes with different account numbers. This account is currently not on my report.
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I have disputed debts with everyone but not sure of this account, it is possible. Honestly I don’t know I have never responded to this law firm.
16. How long do you have to respond to the suit? A (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 B. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I did not receive a questionnaire
A. I believe I would have 30 from the filed date since I was not personally served. The file date is 2-7-18. They held the documents hostage until the 20th according to the postal stamp so I do not have much time. 30 days would be 3-9-2018.
B. I received a two page compliant, this is the title
FIRST CAUSE OF ACTION
1. Plaintiff, Midland Funding LLC, is a limited liability company formed under the laws of the state of Delaware and having taken assignment of is owner of Citibank NA (sears mastercard) account ending in XXXXXXXXX0618 and is a debt collector licensed by New York City Department of Consumer Affairs license No. 1312658 and is authorized to do business in the state of New York.
2. Nicole A. resides within the jurisdictional limits of this court.
3. Plaintiff alleges that Nicole A, whose socialsecurity number ends in 339, is the responsible person for this account.
4. Nicole A. Failed to repay the balance owed on the account, which is in default.
5. The account was assigned from the original creditor Citibank NA (sears mastercard) to Midland Funding LLc, the present assignee.
6. The cause of action asserted herein accrued on or about December 14, 2015, the governing law being that state of South Dakota.
7. The date of last payment is on or about December 14, 2015.
8. Upon information and belief, the statute of limitations for the cause of action asserted herein is 6 years and therefore has not expired.
9. There is now and owing the plaintiff, as the assignee of the account Nicole A, the sum of $5.021.62.
WHEREFORE, Plaintiff demands judgment against Nicole A. for the sum of $5,021.62 plus cost and disbursements of this action and for such further and other relief as the court deems just and proper.
By: S/Ian Z. Winograd Esq.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They did not send anything else