Many thanks for everyone's advice in advance. I have never been in such a situation and would like as much guidance as possible.
In 2015, I was in a car accident that caused me to deliver preterm at 7 months. I ruptured my spleen, brain hemorrhaging , along with further damage. My son had to be resuscitated at birth, kept in the NICU for a month and dealt with issues breathing and regulating body temperature. The gentleman at fault had the state minimum required insurance. Needless to stay, I got nothing back but tons of bills. I have made payment arrangements; however, couldn't afford to pay this card as I was without work.
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.) Midland Credit Management - Molly Fitzpatrick 103529
3. How much are you being sued for? $1,388.87
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?) I haven’t as of yet.
6. How were you served? (Mail, In person, Notice on door) I haven’t as of yet. Began receiving advertisements from lawyers and searched Clerk of Court website.
7. Was the service legal as required by your state? No ID or signature were required.
8. What was your correspondence (if any) with the people suing you before you think you were being sued? To my knowledge, none.
9. What state and county do you live in? Florida – Miami-Dade County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 09/2016
11. When did you open the account (looking to establish what card agreement may be applicable)? 08/2014
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). Not 100% as I have yet to be served. On-line it states: Case Status: OPEN
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, but was unsuccessful. They provided no signed contracts or proof of debt.
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? Yet to be served
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.
When I look online I see they have submitted:
Bill date 05/05/2017
Portfolio Level Affidavit of Sale by Original Creditor
Bill of Sale with Asset Schedule
Certificate of Conformity
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!