Blakie Blake

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About Blakie Blake

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    Florida
  1. 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.) Colleen E. Lehmann Esq Midland Credit Management Inc. 3. How much are you being sued for? $8,455.37 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 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 9. What state and county do you live in? Florida, Seminole County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 9/8/2016 they say 11. When did you open the account (looking to establish what card agreement may be applicable)? 10/10/2014 they say 12. What is the SOL on the debt? To find out: 5 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). Summons Issued 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 disputing after being sued 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? I have 20 calendar days, Summons attached
  2. I was served recently by Midland Funding in FL. I have not responded to them yet. From what I can tell, Comenity Bank says I defaulted on a credit card bill, it was sent to collections and then it was charged off and Midland Funding LLC bought the debt. Now I assume they just want some money, but I would like to find out what options I have. They are saying there is a unpaid balance of $8,455.37 Any help is much appreciated