Yikes!

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  1. To save time, I've uploaded my Answer/Defenses to the Summons. Any input would be GREATLY appreciated! Summons Answer- arbitration.docx
  2. I am being sued by Midland Funding by a lawyer group in Oregon, I’m in King county Washington. After reading though the forum, it seems I should file for arbitration, but I have several specific questions: 1. When I file my answer, should it mention arbitration? 2. How/when does the MTC comes into play? Do I file this with my answer? 3. I’m unsure when/how to file for arbitration with AAA (specific to my card agreement). Do I start this after I have an actual court date? I have only been served a Summons, no court date is currently set and I don’t want to begin arbitration against Midland, I just want to move their suit against me, if that makes sense. Here are the answers to your questions: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2.What is the name of the law firm handling the suit? Gordon, Aylwowrth & Tami, P.C. 3. How much are you being sued for? $1103.00 4. Who is the original creditor? CitiBank, N.A. 5. How do you know you are being sued? I was serve a summons from King County District Court. 6. How were you served? A man left the summons with my spouse stating I am being sued. It was not in an envelope or folder of any kind. 7. Was the service legal as required by your state? I’m not sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Collection letters. 9. What state and county do you live in? Washington, King county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/10/17 11. When did you open the account 3/28/15 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit served? Motions filed? I’ve received a summons, no court date has been set. I have started my answer, but have not filed it with court. 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? 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'). Yes, prior to being served. They sent me Bill of sale assignment, statements from 8/17-5/18, a single sheet of paper with account info provided by Citibank, a card agreement print out (no signature), fact sheet pricing info table discussing interest rates, fees, etc from 2011. 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? I received the summons on Sunday September 8th, but it was dated August 29th. I have 20 days to respond, but I would like to submit my response by this Friday the 13th. P1-P2: they bought the debt and are licensed to sue me P2-P7: I was supplied an account, became indebted to Citibank and breached the account for lack of payment P8: Now I'm indebted to Midland due to the breach of contract for the amount ($1103) + fees + interest 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was included with the summons. The only documents I have are the ones they sent when I asked for verification (Bill of sale assignment, statements from 8/17-5/18, a single sheet of paper with account info provided by Citibank, a card agreement print out (no signature), fact sheet pricing info table discussing interest rates, fees, etc from 2011.) 18. How did you find out about this site? Online search for being sued by Midland Funding LLC
  3. I have NOT submitted my answer and affirmative defense, I have until Friday. I'm thinking instead I should file for arbitration, but I'm not sure which form I should use from the list in this link: https://www.kingcounty.gov/courts/superior-court/civil/arbitration-forms.aspx Does anyone know how I should proceed? Thanks!
  4. I received a summons from an attorney in Oregon regarding a debt for $1103.00. I've prepared an answer and affirmative defense, which I've copied below. I would appreciate any suggestions on how to proceed. FYI: I reached out to settle out of court, but the amount offered is too high for me to pay. IN THE DISTRICT COURT OF THE STATE OF WASHINGTON FOR KING COUNTY WEST DIVISION – SEATTLE COURTHOUSE MIDLAND FUNDING, LLC – Plaintiff vs. Case No. XXXXXXXXXX XXXXXXXXX – Defendant DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSE COMES NOW Defendant XXXXXXXXXX (hereinafter “Defendant”) file his answer and affirmative defense as follows: ANSWER 1. Defendant lacks sufficient knowledge to confirm or deny the information within paragraph 1 and therefore denies the allegation. The complaint contains legal assertion that the Plaintiff, Midland Funding, LLC, purchased Defendants Citibank credit account and contract and all of the associated rights thereunder, yet have not produced the requested paperwork to prove this assertion including, but not limited to, the signed contract agreement proving who originated the debt the Plaintiff states was purchased. 2. Complaint states a legal conclusion for which no answer is required for paragraph 2. To the extent that an answer is required, Defendant admits a copy of license was attached to the summons. 3. Paragraph 3 is admitted in part and denied in part a. Defendant admits he resides in King County. b. Defendant lacks sufficient knowledge to confirm or deny the latter portion in paragraph 3 and therefore denies the allegation. The complaint contains legal assertion that the Defendant entered into a contract with Citibank, N.A./The Home Depot for a credit account, though the original documents with the Defendant’s signature were requested and have not been delivered. The Defendant has experienced an identity theft with accounts opened in the Defendant’s name and the Defendant has a right to be assured that this account was not fraudulently created. 4. Defendant lacks sufficient knowledge to confirm or deny the information within paragraph 4 and therefore denies the allegation. The complaint contains legal assertion that the Defendant entered into a contract with Citibank, N.A./The Home Depot for a credit account, though the original documents with the Defendant’s signature were requested and have not been delivered. 5. Defendant lacks sufficient knowledge to confirm or deny the information within paragraph 5 and therefore denies the allegation. The complaint contains legal assertion that the Defendant entered into a contract with Citibank, N.A./The Home Depot for a credit account, though the original documents with the Defendant’s signature were requested and have not been delivered. 6. Defendant lacks sufficient knowledge to confirm or deny the information within paragraph 6 and therefore denies the allegation. 7. Defendant lacks sufficient knowledge to confirm or deny the information within paragraph 7 and therefore denies the allegation. The complaint contains legal assertion that the Defendant entered into a contract with Citibank, N.A./The Home Depot for a credit account, though the original documents with the Defendant’s signature were requested and have not been delivered. 8. Defendant denies allegations within paragraph 8. The complaint contains legal assertion that the Defendant is indebted to the Plaintiff, Midland Funding, LLC and they are entitled to costs, disbursement and interest. Defendant has not entered into an agreement with Midland Funding, LLC and they have not produced the requested paperwork to prove this assertion including, but not limited to, requested original signed documents. As to all remaining allegations of fact in the numbered or unnumbered parts of the complaint not specifically admitted, Defendant denies all such allegations. As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and, therefore, denies them. AFFIRMATIVE DEFENSES By and for his Affirmative Defenses, Defendant states: First Affirmative Defense 1. Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, nor any valid assignment that gives Plaintiff legal title to the claim. Second Affirmative Defense 2. Plaintiff in filing this Complaint has not produced a signed copy of the executed agreement it seeks to enforce. The Defendant has experienced an identity theft with accounts opened in the Defendant’s name and the Defendant has a right to be assured that this account was not fraudulently created. Third Affirmative Defense 3. Plaintiffs’ Complaint fails to state a claim upon which relief may be granted against defendant. Fourth Affirmative Defense 4. Plaintiff is not the original holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing and supporting documentation. Fifth Affirmative Defense 5. Defendant reserves the right to plead additional defenses or cross-claims or counterclaims that may be identified during the Defendant's investigation and/or course of discovery. WHEREFORE, Defendant prays that this Court find judgment for Defendant, deny Plaintiffs’ request for the relief of $1103.00, deny Plaintiffs’ request for interest, deny Plaintiffs’ request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs’ request for any relief. Defendant further prays that this Court hold that Defendant is the prevailing party and dismiss Defendant with prejudice. Respectfully submitted this 10th day of September 2019, XXXXXXXXXX, pro se CERTIFICATE OF SERVICE On September 10, 2019, I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below: XXXXXXXXXXXXX By Certified U.S. Mail, Return Receipt Requested By U.S. Mail