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Everything posted by Ineedhelp19

  1. This process has been a nightmare. I recently got engaged and we are trying to plan a wedding and get on with our life and then midland funding brought this case against me. There is an arbitration clause mentioning JAMS and AAA in the credit card agreement which is through synchrony bank. I have a couple questions that I haven’t been able to find the answer to: The court case is through whatcom county district court in Washington state. On their website I can only find information about arbitration through the superior court, not the district court. Same goes for the template they have for requests for arbitration are only for superior court as far as I can tell. In my initial response I did not list lack of jurisdiction as an affirmative defense. Is it possible for me to still file a motion to compel arbitration? Again, I can’t find any information about this on the court’s website. If I cannot file a motion to compel arbitration at this point, is it worth it to reach out to the plaintiff and try to settle? I’m not totally opposed to paying them I just absolutely want to avoid garnishment at all costs. Thank you you for your responses
  2. Hi I am in the middle of a lawsuit with the scum of the earth midland funding. Here's where I'm at so far I was served a summons which I responded to. I then received a request for production and a request for admissions. I responded to both of these admitting nothing and did not provide midland with anything they could use against me. I then filed my own request for production and have just received a response here is what I received: 1 "All documents evidencing any communication between plaintiff and defendant in connection with the agreement described in Plaintiffs Petition, including letters and correspondence" response: Please find attached midland letter and letter of initial validation. Plaintiff has no further responive documents at this time 2. "The alleged credit card application from account numbers ****************** bearing the defendant's signature" response No signed application is within Plaintiff's care, custody, or control. Please find attatched Account level terms and conditions. Plaintiff has no further responsive documents at this time. 3. "The alleged credit agreement from account numbers ********************** that states interest rate, grace period, terms of repayment et cetera" Response: Please find the attached statements coving march of 2017 until february 2018. These contain additional terms and conditions, such as the interest rate. The account level terms and conditions previously attached in response to request for production 2, above, are also responsive to this request. Plaintiff has no further responsive documents at this time. 4. "itemized statements or credit card statements from account numbers *********** that demonstrate how the alleged amount of XXXXX was calculated" response: The Statements previously attached in response to request for production 3 above are also responsive to this request. Plaintiff has no further responsive documents at this time 5. "A contract, agreement, assignment, or other means of demonstrating that midland funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from account numbers ****** response: please find attatched Chain of Title with account-specific attachment. Plaintiff has no further responsive documents at this time 6. "Letters sent to defendant by midland funding LLC, demonstrating an attempt to collect on the alleged debt. Account number ********" response: The midland Letter and Letter of initial validation, previously attached in response to defendants request for production 1, are also responsive to this request. Plaintiff has no further responsive documents at this time. 7. "a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally" response: Please find the attached Plaintiff's Affidavit. Plaintiff has no further responsive documents at this time. 8. "any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account numbers ***********" response: Please find attached goodby letter. Plaintiff has no further responsive documents at this time. 9. "any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt" response: Plaintiff has no further responsive documents at this time. 10. "Any and all written communication, received by the plaintiff and/or plaintiffs attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff's and/or plaintiff's attorney accessing of defendant's credit report(s)" response: Plaintiff has no further responsive documents at this time. 11. "Any and all communications from the plaintiff and/or plaintiffs attorney to the defendant explaining why plaintiff and or plaintiffs attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant's credit report" Response: Plaintiff has no responsive documents at this time. 12" Any and all credit report(s) plaintiff and/or plaintiff's attorney obtained from any credit reporting agency as well as obtaining defendants credit report(s) Response: Plaintiff has no response documents at this time. 13 "Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collection debts, that relate to the defendant and/or Account numbers *********" response: Objection, defendant's request is not reasonably calculated to lead to the discovery of admissible evidence. Further, this request calls for documents protected under the work- product doctrine. I have never been through the court system before but it seems to me if they don't have any documents with my signature agreeing to the terms and conditions of the credit card agreement, or anything with my signature on it, then they really don't have a case. I don't know what I should do next. Should I file a motion to compel them to provide me with signed credit card agreement? Should I file a motion to drop the case? I really just have no idea after this. This is taking place in the state of Washington if that helps. This site has been a lifesaver and I thank anyone who will respond/help with this. Thank you!
  3. First time being in a legal case I want to make sure I’m understanding this correctly. Basically this is stating if we go to arbitration they may be required to pay up to $5000 to take the case to arbitration to collect the $3500 that is owed making it not worth it for them. I would be paying somewhere between $0-$250? Also I’ve never dealt with this before how would I respond to the summons? Does it make any difference that in Washington state any amount owed under $5,000 is in small claims court? How can I find this arbitration clause for my specific account through synchrony or is it the same for every synchrony account? thank you so much already for the original response
  4. Hi I really need help getting this taken care of and I’m not sure where to start. I’m extremely nervous about having my wages garnished because I’m on an extremely tight budget. I just got engaged 2 months ago trying to plan a wedding and now I get this. If I am going to fight this in court I have no idea how to formulate a response or what other steps I need to take. I’ve been reading other posts on here but still very unsure on how to proceed. 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.) Gordon, aylworth, & Tami, P.C 3. How much are you being sued for? $3,590.70 plus interest at the statutory rate of 12% per annum from the date of judgement until paid 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/AEO 5. How do you know you are being sued? (You were served, right?) This was interesting. Apparently in my city we are served by police officers. I had one come to my house and gave the summons to my fiancé but I was not home and had no interaction with the officer. There was also a notice she put on my back door before my fiancé went outside to talk to her. 6. How were you served? (Mail, In person, Notice on door) See above response 7. Was the service legal as required by your state? I’m not 100% sure on this because it wasn’t served to me directly What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing up to this point. I’ve seen differing responses some say I should call and try to negotiate before going to court but it seems as I’ve already been served I’m better off not calling them 9. What state and county do you live in?  Washington, whatcom county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) February 2018  11. What is the SOL on the debt? To find out: 6 years 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). I believe so because I received the summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No  14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? Served on May 14 it says I have 20 days excluding the day of service. So I have 10 days left 16. What evidence did they send with the summons? I did did not receive a questionnaire, this is what was provided: COMPLAINT:  In the District court of the State of Washington from whatcom county Midland Funding llc Vs. Plaintiff My name Defendant  Plaintiff alleges Breach of contract 1. Plaintiff is a limited liability company, which for good and valuable consideration purchased defendants synchrony bank/aeo inc credit card account and contact and all of the associated rights thereunder 2. Plaintiff has satisfied the bonding requirements and is duly licensed collection agency pursuant to RCW chapter 19. 16 . A true copy of said license is attached hereto. 3. Defendant, an individual residing in Whatcom county Washington, entered into a contract with Synchrony bank/aeo for a credit card. The credit card was issued to defendant under the account number ******1234.  4. Synchrony bank/aeo inc supplied the credit card to Defendant subject to an agreement to repay all amounts charged to the account plus associated cost and fees. 5.defendant thereafter used the credit card and became indebted to Synchrony bank/aeo.  6. Synchrony bank/aeo performed its obligations under the terms of the contract. 7. Defendant breached the contract by failing to make payment(s) as agreed. As a result, defendant's credit card account was charged off for delinquency on February 4 2018. 8. As a result of Defendant's breach, defending is indebted to Plaintiff in the sum of $3590.70 plus interest at the state statutory rate of 12% per annum from date of judgement until paid. WHEREFORE, Plaintiff prays for judgment against defendant as follows: 1.The sum of $3590.70 plus interest at the rate of 12% per annum from date of judgement until paid 2. Plaintiff's costs and disbursements incurred herein, with interest thereon at the rate of 12% per annum from the date of judgement until paid. Dated this day of  It might also be worth noting in section 2 it states “a true copy of said license is attached hereto” however there is no license attached to the summons. any help or advice would be greatly appreciated