thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it.
1. Who is the named plaintiff in the suit? Midland Funding
2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk
3. How much are you being sued for? about $2800
4. Who is the original creditor? Synchrony
5. How do you know you are being sued? served
6. How were you served? In person
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? They may have sent mail and called. Probably never responded because I may have thought it was junk mail/scam calls.
9. What state and county do you live in? California, Orange County
10. When is the last time you paid on this account? Oct 2014
11. When did you open the account ? Sept 2013
12. What is the SOL on the debt? 4 years
13. What is the status of your case? suit served
14. Have you disputed the debt with the credit bureaus? I disputed collection agency twice through credit karma (on Apr 2017 and Dec 2017).
15. Did you request debt validation before the suit was filed? No
16. How long do you have to respond to the suit? Case Management Conference set for Sept 2018. I have filed a general denial. The only cause of action is ‘accounts stated’. No interrogatory questionnaire received.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Exhibit A - Bill of Sale, Purchase Price Reconciliation/Funding Instructions, Affidavit of Sale of Account by Original Creditor, Blanket Certificate of Conformity for Notary, Certificate of a Federal Savings Association Title Change, then a page with the electronic record with the basic account info (name, address, phone #, Charge off amount, current balance, Last payment date, etc)
Exhibit B - copy of welcome letter from MCM letting them know my account had a ‘new home’ and a statement with payment options dated Nov 2016
Exhibit C - Credit Card statement from OC showing last payment
Exhibit D - Credit Card statement from OC showing final balance
Exhibit E - Notice of Legal Placement from MCM
I am thinking I need to amend my answer.. I had done some research prior to responding but for some reason was under the impression I was sued for breach of contract so I filed my answer accordingly thinking that the burden of proof would be on the plaintiff to prove it was my debt with some sort of signed contract but after filing I re-read the complaint and saw that the cause of action was 'accounts stated'.. I dont believe the affirmative defenses I listed apply.. and I am not sure which ones would apply to my situation.
so the question # 1 - How would I amend my answer? is there a certain form? What are possible affirmative defenses for 'account stated' ?
I h/ave previously disputed this debt through credit karma a few months after they had allegedly sent the statement (exhibit B.) and then again a few months later.
without a contract bearing my signature where is the proof I even owed the OC let alone the JDB..
question # 2 - how do you fight this particular cause of action? how do I legally argue that my silence does not mean acceptance of the debt or imply that I agreed to anything really? how I do I shift the burden back onto them and make them prove that I owe them anything?
question # 3 - This was a joint account but I am the only one listed as defendant to this case.. does that matter in any way, shape, or form?
any info, good defenses, etc is much appreciated.