Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income.
1. Who is the named plaintiff in the suit? Midland Funding LLC
2. What is the name of the law firm? Midland funding LLC
3. How much are you being sued for? $749.38
4. Who is the original creditor? Citi Bank
5. How do you know you are being sued? My parents were served with papers at home where I no longer live.
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.
9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure.
11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015.
12. What is the SOL on the debt? 3 years I think. Is this when I first opened it?
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? 30 days
I have 14 days. No questionaire. Charges are as follows:
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.
see attached picture.