I recently found out that I am being sued by Midland Funding when I was recently served with a summons. I do intend to file for bankruptcy, however I am worried that the bankruptcy documents will not be completed in time. I am worried if I do not file an answer that they will garnish my wages or freeze my bank account, how long does this typically take if a default judgement is issued? Is there a cost associated with filing an answer with the court? Thank you so much for any help you can provide me.
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.) A group of lawyers working for Midland Funding
3. How much are you being sued for? About $7,102.59
4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK
5. How do you know you are being sued? (You were served, right?) Served on October 13, 2018
6. How were you served? (Mail, In person, Notice on door) In person
7. Was the service legal as required by your state? Unsure, no ID was requested from me. From the clerk of courts website I can see that the information the process server provided does not match my description. She put age 25, I am 31 and she put my height wrong if that matters. She also told my boyfriend she was with the sheriff’s office and it looks like she was just a with a surveillance company
8. What was your correspondence (if any) with the people suing you before you think you were being sued? Zero, never received anything from them before.
9. What state and county do you live in? Florida – Broward County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2016
11. When did you open the account (looking to establish what card agreement may be applicable)? 2014
12. What is the SOL on the debt? To find out: 4 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). Pending/Pluries Summons Returned Served
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No
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'). No
16. 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? 20 calendar days (Friday, November 2, 2018)
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
· Statement from 9/26/16 and 2/22/17 (Both have account number crossed out)
· Affidavit of sale of account by original creditor (signed by Shannon Wilgen)-no personal information or account number just that on 4/19/2017 Synchrony Bank formerly GE Capital Retail Bank sold a pool of charge-off accounts by a Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC.
· Blanket Certificate of conformity for notary Nancy Quenomoen
· Synchrony Bank Bill of Sale with information crossed out and nothing related to me signed by Ken Wojcik SVP Collections and Recovery’s…Purchase agreement dated 26th day of August 2016 and Seller to Buyer April 19, 2017
· Purchase Price Reconciliation/Funding Instructions with almost everything crossed off – nothing related to me personally or the account
· Then another copy of the affidavit of sale of account by original credit and Blanket Certificate (maybe it was just a duplicate sent by mistake)
· Certificate of a federal savings association title change by Thomas J. Curry, Comptroller of the Currency listing GE Capital Retail Bank being changed to Synchrony
· Then there is a sheet that say it is data printed from electronic record provided by Synchrony Bank pursuant to the bill of sale/assignment of accounts transferred on or about 4/27/2017 in connection with the sale of accounts from Synchrony Bank to Midland Funding LLC. This has account number, customer id last 4, home phone and my birthday scratched out.
· Then a letter from Midland Credit Management sent to an old address advising of ownership of account on 6/22/2017 and it has the account number crossed out
Any help is greatly appreciated. I just am really worried and would appreciate any advice on what I should do as I do. Thank you!