texasnavyvet

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About texasnavyvet

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  1. I am a she. That was only part of my question. As I understand it, I must notify the JDB that I demand arbitration before I file the MTC. My thought was that I send an email to the email address they provided in their petition on the same day I go file the MTC with the court with the said email being attached as exhibit A.
  2. I appreciate your response. I responded in the format of the document I received which has been said to do not only in these forums, but on the various Texas lawyer sights I viewed gathering information. I was more concerned about the verbiage in my response. I noticed @texasrocker said it was fine, so I am going to listen to him since he is more versed in the Texas laws.
  3. Thank you texasrocker. I was going to file my response in person at the court and get all copies file stamped. I was talking about notifying the JDB of demand for arbitration.
  4. Can I get a review of the attached document and get opinions if looks ok to file? My response is due by Thursday and I work 7:30am - 5:30pm during the week. However, I am off tomorrow and would like to make sure it gets filed with the court. Also, do I or should I file a MTC for arbitration with my response or can I file it at a later date, or do I wait for a response from the plaintiff? I know I need to notify the JDB that I am demand to arbitrate in accordance with the credit card agreement. Can this notification be sent electronically via email since the lawyer's office provided it in their original petition and I am listing it in my response? Thanks for all your assistance. It is greatly appreciated. Lawsuit Answers.doc
  5. This is what I am not not certain about and seeking guidance on. What is your opinion if I may ask?
  6. I hope I have redacted all the right information. This is what I was served with on July 4th. Midland Funding LLC.pdf
  7. Thank you for the clarification. I went back and reread your response to play maker and realized I misread it earlier when I was looking at it from my phone. So is there anyway to determine which TX courts those are?
  8. Don't know about what happened or has happened in the past with the other poster. Not trying to get between the bickering. Just looking for guidance on the verbiage I should use in my response and at what point and on what grounds should I fill a motion to have the affidavit dismissed. Just to clarify BV80, you meant insufficient above correct? Thanks!!!
  9. You are correct , I did get consumed. I apologize. The amount in question is $1,673.85. I understand I have to answer to the summons, I just want to make sure I give the with the right responses to those questions and list the correct affirmative actions. You or anybody else's assistance or direction in this matter would be greatly appreciated. Thank you.
  10. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm? Katharine Allen, Attorney for Midland Funding, LLC, Houston, TX 3. How much are you being sued for? $1,673.85 along with all costs of suit and all other relief, in law and equity, to which Plaintiff may be entitled. 4. Who is the original creditor? Credit One Bank 5. How do you know you are being sued? Received summons 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 honestly cannot recall. 9. What state and county do you live sued? Texas, Coryell County 10. When is the last time you paid on this account? They say August 2017 11. When did you open the account? 2014 12. What is the SOL on the debt? 4 years 13. What is the status of your case? I was served. In the process of writing a response. 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? July 18th. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Asia DelCastillo relating to damages and business records; notarized by XXX, State of Minnesota Copy of credit card states dated March 06, 2018 to April 05,2018 and September 06, 2017 to October 5, 2017 Bill of Sale and Assignment of Accounts and Receivables from Sherman Originator III LLC to Midland Funding LLC Document titled Exhibit A Account Schedule listing the electronic file name of account and receivables sold/assigned between parties in aforementioned Bill of Sale What appears to be a computer generated document with account information that has AccountNumber, AcctID, Date of Birth, and COL1 lines blacked out partially or completely (presumably a print out of the electronic file listed in the Bill of Sale) Bill of Sale and Assignment of Receivables from Credit One Bank, N.A. to MHC Receivables, LLC Document titled Exhibit A Account Schedule listing the electronic file name of the receivables sold/assigned between Credit One and MHC Receivables, LLC Bill of Sale and Assignment of Accounts from Credit One Bank, N.A. to MHC Receivables, LLC Document titled Exhibit A Account Schedule listing the electronic file name of account sold/assigned between Credit One and MHC Receivables, LLC Bill of Sale and Assignment of Receivables from MHC Receivables, LLC to FNBM, LLC Document titled Exhibit A Account Schedule listing the electronic file name of receivables sold/assigned between MHC Receivable, LLC and FNBM, LLC Bill of Sale and Assignment of Receivables from FNBM, LLC to Sherman Originator III LLC Document titled Exhibit A Account Schedule listing the electronic file name of receivables sold/assigned between FNBM, LLC to Sherman Originator III, LLC Bill of Sale and Assignment of Accounts from MHC Receivables, LLC to Sherman Originator, III, LLC Document titled Exhibit A Account Schedule listing the electronic file name of account sold/assigned between MHC Receivable, LLC to Sherman Originator III, LLC Document titled Exhibit G Affidavit of Credit One Bank, N.A., FNBM, LLC, and MHC Receivables, LLC, duly sworn and signed by VP of Collections, and notarized by XXX, State of Nevada Certificate of Conformity signed by Credit One in-house councel Document titled Exhibit F Affidavit of Sale of Accounts by Sherman Originator III LLC, signed by Vice President of Company, and notarized by XXX, State of South Carolina Certificate of Conformity signed by an Attorney at Law, State of South Carolina I edited my original post. Hopefully this helps make is easier to read. Need to get my answers/affirmative defenses completed. I don't want to wait till the last minute. Any assistance anyone can off of this would be greatly appreciated. My other question is too, should I file a motion to have Asia DelCastillo's affidavit thrown out? At what point do I do this and on what grounds? Just something I have read in other posts on this site and believe it is applicable in my case. Thanks!!