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.)
Stephen Einstein and Associates
3. How much are you being sued for?
1,735 for one, and 1,070 for the other
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
Taped to my door
7. Was the service legal as required by your state? I believe so
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't think any
9. What state and county do you live in? Chautauqua county, new york
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) according to the summons, 1/26/18
11. When did you open the account (looking to establish what card agreement may be applicable)? I think 2016?
12. What is the SOL on the debt? To find out: 6 years I beliece
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).
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I have not
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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
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?
It says: 1. Plaintiff is an active foreign entity conducting business in the state of CA
2. Upon information and belief, defendant resides or is employed in the state of New York, county of Chautauqua or that the defendants transacted business with within the jurisdiction and venue where this action is brought in person or through an agent and that the instant cause of action arose out of said transaction.
3 upon information and belief the defendant hereto entered into a retail charge account agreement with plaintiffs predecessor, in interest, synchrony bank bearing account # ________ wherein defendant agreed to pay synchrony bank all amounts charged to said account by the authorized use thereof
4. Upon information and belief, the agreement containing the terms and conditions governing use of the credit account, including terms of payment were delivered to the defendant
5. Plaintiff, as purchaser and asignee of the account herein, owns and retains all beneficial rights and interests therein and plantiff has complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said account for any purpose.
6. Upon information and belief this obligation originated with synchrony bank with a chain of title as follows: Synchrony Bank Midland Funding LLC
7. Upon information and belief, defendant incurred charges by use of the said charge account, less and credits, in the sun of $1,734.42, no part of which has been paid, although duly demanded
8. Upon information and belief the date of last payment to said account was 1/26/2018 and the cause of action asserted herin is not outside the applicable statue of limitations for enforcing the debt
Wherefore, plantiff demands judgement against defendant in the sum of $1,734.42 plus costs and dispursements in this action.
Both say basically the same but different amounts due to different accounts
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.
Just the summons
18. How did you find out about this site? Google