matahari

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About matahari

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    Michigan
  1. Hello, First off, I would like to thank you all on here from the bottom of my heart. I have learned so much from this forum and it helped me get through the fear and shock that is getting sued by a JDB. I have learned so much. Here is my info - 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No firm, it's a single attorney handling this (can provide name if necessary) 3. How much are you being sued for? $1340.83 plus interest, court costs, attorney fees (works out to about~$2300 per the attorney) 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy) 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? I think so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Some letters, many phone calls 9. What state and county do you live in? Southeast Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/2014 11. When did you open the account (looking to establish what card agreement may be applicable)? 7/2014 12. What is the SOL on the debt? To find out: 6 years I believe for Michigan 13. What is the status of your case? Suit served? Motions filed? I submitted my answer to the Summons and Complaint (with the help of this forum!!) essentially denying all their complaints, listed arbitration as my first affirmative defense and filed a motion to compel arbitration and to stay proceedings pending arbitration 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes - collection agency; I don't think I did it for the OC 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'). Not an official DV letter, but I did do a dispute with the credit bureaus (which in hindsight was probably a huge mistake because I'm thinking it is the reason why I got sued) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Two account statements, three pages of account contract, Midland affidavit, one page of bill of sale of a "pool of accounts" from Citibank to Atlantic Credit and Finance along with affidavit, Certificate of conformity, Bill of sale for "purchased accounts" from atlantic Credit and Finance to Midland Funding, Page of supposed purchased accounts essentially blank but what looks like is supposed to be a ledger with the first line blacked out, Affidavit of transfer of accounts, certificate of conformity and the record of the last payment I made ___________________________________________________________________________________________________________ I can provide my answer to the summons and complaint and my motion to compel arbitration if you guys want. So I went to court yesterday for the motion hearing, of course had to get through Midland's lawyer trying to get me to settle and lying about how expensive arbitration is. He tried to tell me the cost would be split between us. I said nothing cause I knew it was a lie. He was a very good talker and I'm glad I did so much research on this forum cause I knew I would have folded if I didn't know better. When we got in front of the judge, the judge was very skeptical also saying it was expensive and took a long time. He asked me again if I was sure I wanted to do arbitration, I said yes. From what I understand, he didn't necessarily grant the motion YET, he told me I have to file first and come back in 2 weeks? I was reading the arbitration clause and it says I have a choice between JAMS and AAA. It also says: "Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm." .....Maybe I'm over thinking this but I would interpret that to mean I have to pay for Midland's filing fees too since I'm the one filing for arbitration? Here is the language of the Arbitration clause in the Best buy card agreement: So what do you guys think? Also, should I choose JAMS or AAA? Should I send in the filing fee with the consumer demand form or wait for them to ask for payment? Thank you again guys, you don't know how grateful I am for you all taking time out of your lives to help people like me!!