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About WishIWasALawyer

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  1. Just to be sure before I proceed with this. This is the agreement I found online for the synchrony care credit credit card. is this enough to include with the notarized affidavit, or should I include the whole agreement? Also, would it be best to only file the answer first and then later file the MTC, or is it better to do them both at the same time? and why? and lastly, it states that the party who wants to arbitrate has to notify the other party in writing. would filing the answer with the affirmative defense of arbitration be notifying the other party in writing? or do I need to send Midland a letter too? Thank you very much
  2. I will check with the clerks office tomorrow morning but this is all pretty complicated when you’re just learning everything all at once. The wording and the paperwork to use is so confusing. does anybody know any lawyer or someone reputable that could do this for me for a decent price that I can meet with? Or that could at least prepare the paperwork and guide me along the way. I have a business trip on Wednesday and won’t be back until the 26th. My 20days are up on that Monday, the 29th. is that Monday the 29th, included in the 20 days? also, I wasn’t served myself. The guy gave it to someone who was at the house. Are the 20 days starting on that day or do they have to mail a copy as well? Also, can we file the answer online or do we have to mail it? Or go to the court? Thank you so so much!!!!
  3. No, after all necessary bills, I have only a couple on hundred dollars left for food and gas. Equity in my home is about 52K but I heard in AZ you can have an equity of 150K before they make you sell the house. Also, looking into arbitration, it looks like a good idea. However the debt is for 11K. I read through posts of people using this against midland, but their amount was much lower, which is a better odd for them. For me, even if Midland has to spend 3K or 5K, they would still get some money if they won. I have a question through. If I go into arbitration and they end up following me there and winning, do I have to repay them for the fees they had to pay to follow me there? Also, how do I file an answer and MTC with the Superior Court in Phoenix? Thank you
  4. I am going to read up on arbitration, because I have no idea what it is. But if it helps, the original creditor was Synchrony bank / their Care Credit credit card.
  5. Hi, Im shopping someone can help me... I'm in Arizona. I was served by Midland Funding on the 8th (well, not me personally, but they left the paperwork with someone who was in the house). They are suing me in Superior Court for a nice amount for a credit card I used to have with a credit card company and stopped payments almost 2 years ago. their exhibit A : -an affidavit from a media representative of the credit card company saying that they sold a pool of charge off accounts by a purchase and sale agreement and a Bill of Sale to Midland Fnding. -the Bill of Sale -purchase price reconciliation/funding instructions -affidavit of sale of account by original creditor then there is a page with a few numbers of my original account number, my name, last name, last 4 of social, address, contract date, charge off date, balance, last purchase date then it's page of my billing statement- like what you get in the mail when your monthly payment is due. its the statement from May 2018.and also one from December 2017. their exhibit B: -its an affidavit from a "legal specialist" and it reads: "1- i have access to pertinent account records for Midland Credit Management, Inc., servicer of this account on behalf of plaintiff....plaintiff is thew current owner of, and/or successor to the obligation sued upon, and was assigned all the rights, title and interest... I have access to and have reviewed the electronic records pertaining to the account maintained by Midland and am authorized to make this affidavit on plaintiff 's behalf. The electronic records reviewed consist of data acquired from the seller when plaintiff purchased the account, together with records generated by Midland in connection with servicing the account since the date the account was purchased by plaintiff. 2- I am familiar with and trained on the manner and method by which Midland creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. it was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. in the regular course of business, the record or compilation is made at or near the time of the act or event by Midland as a regular practice. 3- Midland's records shows that defendant owed a balance of.... 4- defendant opened account on.. and it was charged off on.. 5-account was sold to Midland on or about 'date'. So that is the summons I got. any help would be appreciated. If they get the judgement against me, I will probably have to declare bankruptcy, because 25% of my salary, would not allow me to pay my mortgage, or car..or food... any help is appreciated thank you