I recently received a summons from small claims.
1. Who is the named plaintiff in the suit? Midland Funding LLC
2. What is the name of the law firm handling the suit? Zarzaur & Schwartz, P. C.
3. How much are you being sued for? $5991.61
4. Who is the original creditor? Synchrony Bank
5. How do you know you are being sued? I was served papers at home
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? I receved some mail every now and then but I never answered it. I got calls every now and then but I always hung up.
9. What state and county do you live in? Alabama, Russell County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 23, 2017
11. When did you open the account (looking to establish what card agreement may be applicable)? Nov 2015
12. What is the SOL on the debt? 3 years
13. What is the status of your case? Suit has been 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? No.
16. How long do you have to respond to the suit?
I have 14 days.
Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.